SANTA FE, N.M. (KRQE) – Investigators say she didn’t actually kill her 13-year-old son Jeremiah Valencia, but she allowed it to happen and then helped hide the body, and that’s enough reason to keep her locked up until trial.
Wednesday, Tracy Pena was supposed to appear in court along with her boyfriend’s 19-year-old son, but the defense and prosecution agreed to postpone it indefinitely.
Police say it was Tracy Pena who began spilling details of what happened to her son, found in a shallow grave off a highway two months after his death. However, the state argues her cooperation with police now doesn’t mean she should be on the streets.
Wednesday, Pena’s detention hearing was postponed.
The state presented the defense with six disks of evidence two days ago. The defense states in a motion filed Wednesday that they did not have the time to go over all the evidence. Both sides agree that the detention hearing should be delayed, but the judge didn’t agree to the motion without some hesitation.
“I don’t want a gap so that if the preliminary hearing is not done in a timely manner and it gets dismissed at the Magistrate Court, if it gets dismissed at the Magistrate Court this case gets dismissed,” Judge Mary Marlowe Sommer said.
Investigators say Pena stood by as her son was being abused and tortured for months by her boyfriend Thomas Ferguson.
They say the body was so badly beaten he was in a wheelchair and locked in a dog cage. Investigators say Pena failed to protect her son, and didn’t notify authorities once he’d been killed.
Jordan Nunez, Ferguson’s 19-year-old son, is accused of the same thing.
The state says they plan to take this case to the grand jury Feb. 15.
It was determined Tuesday that Thomas Ferguson will remain behind bars indefinitely. His attorneys did not oppose the motion.
Tracy Pena and Jordan Nunez would have a detention hearing after their arraignment if they are indicted.
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