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State of New Mexico vs. Emma Nussbaum

The City of Sedelia in Cory County is the largest city in New Mexico and reported to be one of the fastest growing in the United States. Sedelia thrives with commerce and industry, new parks and museums, schools, courthouses, shopping centers and institutions of higher education. It boasts a population base of more than 500,000.

On November 25, 1995, at 6:45 p.m., the Cory County Sheriff's Office received a 911 call from Gene/Jean Smith who reported that s/he thought s/he heard gunshots at 2512 Evergreen Road in The Forest Estates, an exclusive residential area in the unincorporated section of Sedelia. Officers and paramedics were dispatched promptly, standard operating procedures under the circumstances. The Sheriff, Kerry/Carrie Gates, heard the dispatch on the scanner in her/his police unit and immediately drove to the scene. Gates recognized the address as belonging to the well-known local restaurateur, J.R. Simsen, and his wife, Emma Nussbaum.

Upon her/his arrival, Gates was met by Smith who confirmed that s/he thought s/he heard gunshots. Smith further advised Gates that s/he believed both Simsen and his wife were in the house, because both their vehicles were visible in the garage. After being questioned, Smith was allowed to return to her/his home with an instruction that s/he go to the Sheriff's Office the following day to make a statement. Then Emma Nussbaum exited the house. While the other officers secured the crime scene and began evidence collection, Gates questioned Nussbaum. Based upon that questioning, the Sheriff arrested her for the murder of J.R. Simsen and placed her in the county jail.

On November 26, 1995, Nussbaum was arraigned before the Honorable Lynda Latta. An Order Setting Conditions of Release was entered, upon there being deposited with the Court an Appearance Bond in the amount of $100,000, at 10% cash.

On November 12, 1996, Nussbaum was indicted by the Cory County Grand Jury. She was charged by the District Attorney with First Degree Murder, and she was arrested at her place of employment, the design firm of Korbooshier, Right and Jonson, on November 13, 1996. An Order Continuing Bond and Condition of Release was issued by Judge Latta, who also signed an Order of Release, directing the Cory County Detention Center to release Nussbaum.

Both the prosecution and the defense are ready to proceed in the matter of The State of New Mexico vs. Emma Nussbaum.

Written By

Michelle Giger

Debra Seeley, Esq.

Thanks to

Sgt. Jerry Bates,  BCSD

Charles W. Daniels, Esq.

Ann Follin Badway, ADA

Jeff Huser, MD

Karl Johnson, Esq.

Barbara MAneny, MD