Gators want to know

First Gentleman Chuck Franco says that controversial 2011 trip to Louisiana he took with two state policemen was for "alligator hunting." Well, now that the Guv refuses to release additional records on that trip it's predictable that the Alligators of La Politica are on the hunt for details about the trip. Off we go...

The curiosity is now especially intense because the Guv's office this week refused to say where Franco stayed during the nearly week long excursion that took place at the same time the hyper-controversial  25 year lease for the ABQ Downs racino lease was begin negotiated by the Martinez administration, Two of the three Downs' owners live in Louisiana. Bid-rigging has been alleged in the awarding of that lease. It has been the subject of FBI queries, according to two former Martinez campaign staffers and one of their attorneys.

The administration will only say that Franco and the officers on paid duty to provide security for Franco were "privately hosted," meaning there are no lodging records to be released. The Governor will not voluntarily reveal who the private hosts were, The state cites security concerns and also says Franco was on a private trip so it's none of our business--even though the two state employees who were with him were publicly paid employees. The Guv also says the private hosts who entertained the hunting party have no business with state government or involved with politics here. So why not say who they were to ease the suspicions?

Governor Martinez--through her operatives on social media--has expressed her upset with our blog because of our questions about whether the Downs lease and Franco's trip are connected. First of all, we and other media are wondering if there is a connection--not "claiming" there is one as the Governor is asserting we are. That's why we want the Governor to release all records.

Here's how the Santa Fe New Mexican reported it:

In answer to a reporter’s question, (Governor spokesman) Knell said Franco’s Louisiana hosts aren’t associated with the Downs of Albuquerque racetrack nor a hotel company owned by John Turner, one of the Downs owners. Turner and another one of the three principals of the Downs, William Windham, live in Louisiana. Franco’s trip took place while the Downs was bidding on a 25-year contract. The company was awarded the contract later in 2011.

No smear, just natural reportorial curiosity about whether the trip had any connection with the Downs lease.

That's how we do things in America. We ask annoying questions of people we give power to in order to keep them honest. We are taught to do that by the founders of the Republic and to stand up and defend ourselves from false attacks and intimidation by those holding power--whether it be a county commissioner or a sitting Governor of New Mexico. We don't have a large corporate owner to go to bat for us, but we have something even better--the First Amendment of the Constitution. Use it or lose it.

To the Gator pond...

Regarding Chuck Franco's 2011 hunting trip to Louisiana accompanied by two state police officers one of them asks State Auditor Hector Balderas if it is legal for the two state police officers who accompanied Franco to accept free accommodations:

The state cops are on duty. Their reports showing that have been released. Is accepting free accommodation legal? For example, what if the hunting party stayed one of the nights at the home of a relative of one of the state police officers? What's the rule on that?

Or how about a state legislator asking Attorney General King for an opinion on the issue?

Another Gator offers this:

Mightn't the ink-stained wretches at the New Orleans Times-Picayune, the Baton Rouge Advocate or the Shreveport Times have an idea about hunting trips for out-of-state politicos? I seem to recall that there have been some political dust-ups in Louisiana a time or two, so they might be aware of the comings and goings of New Mexicans accompanied by body guards. 

And reader Dennis Gabaldon says he would like the kind of hunting trip Chuck had:

The Governor says his trip had nothing to do with politics or state business? Then why don't you take me and some buddies of mine for an all expense paid hunting trip? I mean, like if you're handing them out or something.

NO TRANSPARENCY

The AP comes with this report on the trouble it is having getting state police records released from the "transparency" Governor. Again, where is Attorney General King who has said "security" concerns can't be used in refusing to release financial records for a state security detail.

MORE GATOR HUNTING

Susana and Chuck

Las Cruces reader Greg Lennes has been having fun tracking the Franco trip and dug deep for this info:

Joe, This is pure speculation since Chuck Franco is not releasing details on his trip. 

Maybe Franco and dozens of alligator hunters made their way into the Louisiana swamps for their search for gators for the 2011 alligator season beginning on August 31st. It was a 30-day hunting season. Joe--these aren't your type of alligators.

The Louisiana Department of Wildlife and Fisheries allowed lottery hunts on 22 public lakes, including several in northwest Louisiana. Only successful lottery hunters can participate. So did Chuck Franco participate? Interested hunters had to fill up an application from LDWF's website or request an application. Applicants had to be a legal Louisiana resident and 16 years of age or older. All successful applicants were required to purchase an alligator hunting license ($25).

The Louisiana alligator season ran from Aug. 31 through Oct. 6. Hunts were allowed on four Coastal  Nongame Resources Division Wildlife Management Areas and 13 Wildlife Division WMAs in addition to the public lakes.

Among the area lakes were Lake Bistineau in Webster, Bossier and Bienville parishes; Wallace Lake in Caddo Parish; Black/Cypress Lake in Bossier Parish; Cross Lake in Caddo Parish; Kepler Lake in Bienville Parish; Caddo Lake in Caddo Parish; and Black Lake in Natchitoches Parish. Maybe that is why he traveled in such a circuitous route--lake to lake

It is strange there is so much silence about Chuck Franco's hunting trip. He should be bragging about his hunting experience and about what he bagged in Louisiana. Did he use a bow or rifle in his hunting?

Actually, Greg,  if Chuck was hunting alligators he would have been using a harpoon. You know, the kind the Fourth Floor likes to throw at our Gators..

That's it for this week. Thanks for stopping by. Reporting from Albuquerque, I'm Joe Monahan.

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Welcome aboard. Here's some Thursday blogging...

About that strange 2011 Louisiana hunting trip taken by First Gentleman Chuck Franco. After getting pressure from here and elsewhere for the release of more information, the Governor now says that Franco and his two state police security officers were "privately hosted" so there are no more expense records for the state policemen to be released--other than gas records that were released earlier. The news:

Franco and the officers assigned to guard him were “privately hosted, and security stayed where the first gentleman stayed and meals were included. It was a personal hunting trip and the hosts have no business with state government, nor are they involved in state politics.” However, (the) spokesman refused to identify the Louisiana hosts, saying, “It was a personal trip that had nothing to do with state business or state politics … ”

And what about any contact during the trip with owners of the ABQ Downs who live in Louisiana and were negotiating a controversial 25 year racino lease at the time?

Franco’s Louisiana hosts aren’t associated with the Downs of Albuquerque racetrack nor a hotel company owned by John Turner, one of the Downs owners. Turner and another one of the three principals of the Downs, William Windham, live in Louisiana. Franco’s trip took place while the Downs was bidding on a 25-year contract. The company was awarded the contract later in 2011.

So who are the "private hosts" who put up Franco and his two taxpayer paid state police guards? How many? One host? Two? Three? A lot of geography was covered during that trek.

If Franco wanted a "personal" trip why did he agree to take two state policemen with him? He's not an elected official.

Were Franco's "private" hosts friends of the Downs owners?  Business associates? Was the hunting party "hosted" by any Louisiana or Mississippi gambling interests apart from the Downs owners?

Fair questions given the frenzy over the Downs deal, don't you think?

The stonewalling by the administration on releasing the records from this trip only creates more mystery and intrigue over the alleged bid-rigging in the Downs deal. What happened to Governor Martinez's promise of transparency? Do we have to have the FBI question Franco and the two officers to make sure there is no connection between his trip and that racino lease? Well, bring it on.

And where is the lawsuit from some media group or the NM Foundation for Open Government to force the release of the records showing where the hunting party stayed? Martinez officials are saying the Texas courts have ruled that such records can stay secret. Hey, when did we start living under Texas law? What about our laws and our courts. What do they have to say?

If this were Big Bill hiding records, a posse would be forming to take him in. And rightfully so. What's with the double-standard when it comes to holding this Fourth Floor accountable? We're just asking...

MORE EMAILGATE

Emailgate is drawing intense reader interest, so much so that they're doing some of their own blogging. Here's a new angle from a Senior Alligator (of a Dem persuasion) who is closely following this topsy-turvy tale of political intrigue and back stabbing:

An interesting aspect of emailgate is the amazing lack of loyalty by so many of Gov. Martinez’s former confidants and employees. We have learned about Jamie Estrada, a former campaign manager, Andrea Goff a former campaign finance director, and Anissa Ford, a former personal assistant. All of them felt betrayed enough by Martinez that they allegedly turned the political tables on her, or talked to the FBI about potentially illegal activity.

Add these former Martinez confidants to the growing list of “disgruntled” former employees and appointees. They include Republican businessman Tom Tinnin, a  Martinez appointee to the state Board of Finance who resigned rather than go along with alleged bid-rigging with the ABQ Downs racino deal;  Rick May, a former Martinez finance secretary who alleges he was cut out of budget decisions; and Lupe Martinez, a former corrections secretary who alleges she was thrown under the bus by the governor for political reasons.

Just two and a half years into her first term, two-thirds of the Governor’s Office staff has left and many of her Cabinet Secretaries are also gone. Both the Governor and her shadow governor should be most concerned about who else among this exodus is “disgruntled” enough to pile on and reveal secrets that the administration has struggled to hide.

Two disgruntled former campaign staffers (Estrada and Andrea Goff) are possibly a coincidence. But three disgruntled campaign staffers (Estrada, Goff, and Anissa Ford) should be raising eyebrows and publicly redirecting the focus to the source: Susana Martinez.

And another reader writes in a similar vein:

How many more might there be? These folks were part of her team back then, and whether she or her political consultant Jay McCleskey brought them in, doesn't that say something about her faulty judgement of character?  She herself claims Estrada as having a "suspect character" yet he was selected to be part of her team.   In any workplace environment, the manager is responsible for his/her employees. A competent, fair, and likable manager doesn't usually have many disgruntled employees coming out of the woodwork..

TREASURER RACE

The latest on the Dem race for state Treasurer. Las Cruces Mayor Ken Miyagishima toyed with the idea of seeking the Dem nod next year, but has opted out and is instead eying a run for a southern NM seat on the Public Regulation Commission....Former ABQ state Senator Tim Eichenberg is coming into the contest, joining former Bernalillo County Treasurer Pat Padilla...Former Dem Chairman Wertheim is considering, but not thought to be likely. That could mean a two way face-off for the nomination between Eichenberg and Padilla. The R's continue to talk about state tax and revenue secretary Demesia Padilla as their contender.

DEFENDING SANTA FE 

Blogging NM (joemonahan.com)

Widespread lousy service in the state's hospitality industry is recognized as a hindrance in attracting tourists, but reader Richard Randals riff on sub par service in Santa Fe drew this rebuke from reader Matt Baca:

During the first six months of this year I have eaten at many Santa Fe establishments, including Raga, Tia Sofias, Pranzos, the Indian Palace, the Guadalupe Café, La Fonda, the Bull Ring, El Palanque and Furrs Cafeteria (Furrs being a favorite of the locals). I have never found the workers to be impolite, and in fact, as a whole, find them to be some of the nicest people I've had the pleasure to encounter in my dining experience. I am not sure what Mr. Randals means by wait staff using correct verbiage, but if he is referring to The King's English, then I must remind him that part of the lure of Santa Fe is an Hispano/Native American community that, until recently, was largely isolated from the rest of a country dominated by the customs and languages of the Eastern seaboard.

And reader and ABQ attorney Jeff Baker can be counted on for this insights whenever this subject comes along:

Good service is not rocket science. It results from an owner’s high expectations of himself and his staff. Recently, my daughter was married at La Posada. The attitude and conduct of the staff were outstanding. Most of the guests were from the southeast U.S. – Alabama, Georgia, and Florida. They left raving about Santa Fe’s charm and beauty, and said they are coming back. If La Posada’s employees had been rude and indifferent, no amount of beauty and charm would entice these folks to return. Perhaps the NM Restaurant Association and the NM Hotel Association should offer classes in customer service – it’s all about attitude and expectations. It ain’t rocket science.

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Tuesday's hard-hitting blog on what could lie ahead for the Guv's administration in the emailgate case had a number of political operatives wondering out loud if there won't be some kind of last-ditch effort to get former Governor Martinez campaign manager Jamie Estrada to cop a plea and put an end to what threatens to become a three ring political circus.

But don't go spending your circus money on something else.

A spirit of all-out war prevails between Estrada and the Governor's political team. His side doesn't see anything to gain from a plea deal--not when he is seeking redemption in the public eye. And a full-blown public trial isn't going to do any more damage to his reputation than has already been done. In other words, the likelihood of a peace pact between Martinez and Estrada is about as likely as Jay McCleskey nominating this blog for a Pulitzer Prize. Not gonna happen.

(One of our readers speculated that if there is any plea deal on the horizon it would be one in which Estrada would plead down his emailgate charges if the Feds needed him as a witness for any bid rigging case that arose over the controversial ABQ Downs racino lease approved by the administration).

We will get a better clue on where Estrada is headed when his attorney makes known what documents he will ask to be produced in the "discovery" phase of the pre-trial period. What surprises will we get then?

This is a two track deal--the legal case and the political case. Even if the Guv ends up winning the legal case, a weeks-long trial that has key administration figures testifying and challenging charges from Estrada and other former Martinez staffers is going to do damage.

To the public at large much of this is going to look like a political kangaroo court. They know Estrada is not charged with violating national security and that this affair is along the lines of political dirty tricks that politicians play on one another.  In fact, the whole affair looks like a frat boy prank gone wrong.

The Governor calculates that the public is outraged that emails from her campaign account "were stolen." But she forgets she is not only Governor--but a politician. Folks don't shed tears or get outraged when politicians muddy each other up. They expect it.

It's hard to see the voting public taking the case too seriously--but they will be avid and serious listeners if the case reveals previously undisclosed activities of the administration (think that ABQ Downs racino lease). And that's where the damage could come from. You've heard of "win-win" scenarios. This one could well be "lose-lose" for Martinez, with even an Estrada guilty verdict not being worth the political price.

When she was a district attorney in Dona Ana County Martinez was not big on plea bargaining, but as a sitting governor facing a possible runaway court case, she must be having second thoughts about her position.

(By the way, Estrada is a native of Dona Ana County, not Valencia County where he currently resides.)

NO CHAOS?

An ABQ City Hall insider has an update for us on what is going on with the Police Oversight Commission:

The Police Oversight Commission (POC) is hardly in chaos (from your June 17 column); although they are in the limelight. The Commission has added 7 new members since last May. Hostile remarks made regularly by aggrieved citizens pertain to the previous Commissioners, not to the current fresh faces. 

 Public hearings, which previously took as little as 20 minutes and included mass approval of all cases now take several hours...

APD may not appreciate the increased scrutiny, and nobody is going to entirely ease the pain of citizens who have lost loved ones, but the commission is actually meeting with renewed attentiveness and purpose. In remarks June 13 several Commissioners broadly endorsed a review of the oversight Ordinance, as outlined in legislation sponsored by Councilors Garduño and Winter, but took issue with the proposal by Councilors Jones and Winter to suspend their operations. 

Removing Oversight from a citizen panel and giving it to a city-designated administrator can hardly engender the public’s confidence in the review process.

Winter and Jones are both Republicans from the NE Heights. Garduno is  Democrat. The proposal to suspend the oversight commission is being read by some as a political move to keep the commission out of the headlines while Berry seeks re-election in October. but the actions of past commissioners are drawing fire from across the political spectrum, giving political support to the Jones-Winter suspension proposal.

Jamie Estrada

The legal wheels are starting to roll on emailgate and before it's over some political wheels could come flying off and spinning in all manner of direction. Some supporters of Governor Martinez are concerned that one of those wheels could hit her:

Does Susana and her inner circle realize the ramifications of handing accused email hijacker Jamie Estrada subpoena power?" asked one.

Good question. Susana urged the Feds to go after Estrada--her former campaign manager--and now that they have, things do not look as clear cut as the Guv may have hoped, Yes, Estrada has been indicted, but R's fear he may have held back damaging email information he collected on the administration and is going to drop the bombs during the lengthy legal process he faces.

That's where that concern about Estrada being able to subpoena documents and witnesses as part of his defense comes in.

Will Governor Martinez be subpoenaed? Her shadow and political consultant Jay McCleksey? Chief of Staff Gardner? And, if they are, what will they be asked about?

Estrada who served in the US Commerce Dept. under President George W. Bush, entered a not guilty plea Monday to federal charges that he hacked Martinez's campaign email system and intercepted communications from the Governor and her staff.

And if you think this case against Estrada is a no-brainer, think again. His attorney gave a preview of the battle to come:

Jamie Estrada is not guilty of the charges against him. This is just the beginning of a process that should allow us to expose the significant legal and factual problems with the allegations against Mr. Estrada.

And then there's our Legal Beagles. They'll tell you a prosecutor can get a grand jury to indict a ham sandwich, but getting a conviction can be as tough as a well-done steak at K-Bob's. In the Estrada case one of them tells us of a legal strategy that could have him beating the rap:

If Estrada is the legal owner of the website and he did not intend to use the emails for an illegal purpose, he should be okay because then the US Attorney cannot show he “intercepted” anything, much less that he actually intended to use the communication for criminal or tortuous activity. Under the definitions of the law a "computer trespasser" does not include an owner or someone known by the owner. The relevant statute says:

(It) does not include a person known by the owner or operator of the protected computer to have an existing contractual relationship with the owner or operator of the protected computer for access to all or part of the protected computer.

That is why Martinez’s camp is saying that they revoked Estrada’s privileges to access the domain but I doubt they have provided proof of that nor do they have proof that Estrada wasn’t the legal owner of the domain.

The criminal case will be of keen interest, but equally so will be the inner workings of the Martinez campaign apparatus that will be coming to light as a result of this political melodrama.

THE DOWNS DEAL

Rogers

And then there's Estrada's insistence that the lease for the racino at the Downs at ABQ was rigged by the administration. That charge is the one that rankles them most and has caused them to send out attack dogs on the media and others who are reporting that the FBI has launched a Downs investigation and has asked several former Martinez campaign staffers about the deal.

That concern was underscored Monday when Pat Rogers, the controversial Republican attorney, emerged on the same day Estrada was indicted to make this statement on the Downs deal:


THE BEAR

The Bear Market isn't done with us. And its latest paw print is a doozy. In Santa Fe, the 70 year old Packards on the Plaza--an iconic store directly across from the legendary La Fonda Hotel--is closing its doors at the end of this summer. Packards will be remembered as a classy place that sold some of the finest Indian jewelry and southwestern art around. It has been a major lure for tourists as well as locals and is located at the most prime retail corner on the historic Santa Fe Plaza.

The owners blame economy for the closure. They don't see the future replicating the past. And they are simply closing--no one is buying.

The concern is what replaces stores like Packards? Santa Fe has been getting cheesy enough during this prolonged slump and if it can't keep its high-end retail and restaurant environment it's going to look more like downtown ABQ--not the distinguished and alluring City Different that has been a must see for discerning tourists.

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(c)NM POLITICS WITH JOE MONAHAN 2013 Not for reproduction without permission of the author

State Dems may have been given a gift by GOP Bernalillo County GOP Chairman Frank Ruvolo. He says he is bringing back the controversial Steve Kush as the party's executive director. Kush took a public flogging when he went on Twitter and called a 19 year old labor advocate a"a radical bitch."

"Nice hat Working America chick but damn you are a radical bitch," Kush tweeted while watching a county commission meeting where an increase in the minimum wage was being debated.

Kush, who apologized for his remarks, tells freelancer Peter St. Cyr that he took a "social media awareness class" after Ruvolo suspended him for his wayward comments. But Ruvolo seems to be asking for a battle in bringing Kush back. He says the ED was subjected to a "double standard" because when ABQ Dem State Rep, Sheryl Williams Stapleton called Governor Martinez the "Mexican on the Fourth Floor" she apologized but did not lose her job.

Ruvolo and the GOP apparently don't see much sense in the rule that says "two wrongs don't make a right."

Also, Stapleton stood for election after her comments and she won. Maybe members of the Bernalillo County GOP Central Committee should vote on Kush's future?

THE DOWNS DEAL

Here's an Alligator strike on the newspaper's front-pager Saturday previewing the opening of the new ABQ Downs casino:

The Journal forgets its own reporting. This casino was supposed to be opened much earlier. Part of the supposed reason the bidding for the Downs lease was rushed was because the Downs team was ready to break ground and get a new casino built....

And another:

So the Journal does a front-page fluff piece on the Downs getting ready for it's casino opening with no mention that the FBI is questioning folks about how they were awarded the deal? I wonder who called and requested that...?

Several former Governor Martinez campaign staffers and their attorneys have publicly confirmed that they have been interviewed by the FBI specifically about the Downs lease and that it was not part of the investigation into the emailgate probe that led to the indictment of former Martinez staffer Jamie Estrada.

CAT AND MOUSE

Critics of APD Chief Ray Schultz are happy to see that he will soon be leaving--but Schultz appears to be enjoying toying with them as he heads for the exits. He still has not given a definite date for his retirement. When he announced he would be leaving earlier this year he said it would be in "the summer or fall." Conventional wisdom has it that Schultz will be gone by Labor Day because he is a potential political liability for ABQ Mayor Berry who is up for re-election October 8.

The APD is facing its most troubling times since its inception well over a hundred years ago. The US Justice Department is investigating it because of numerous fatal police shootings, the civilian oversight process for the department is in chaos and the city faces tens of millions of dollars in potential lawsuits settlements because of the fatal shootings.

Speaking of the history of APD, from what we see on the web site, there is a pretty cool museum commemorating the department's long history. It's a reminder that the reputation of APD can and will be restored. But the cleansing process will be long and difficult.

The museum is at 4th and Roma and tour information is on the site.

RURAL REDUCED

Why did eastern NM lose a state Senate seat in the redistricting of 2010 and why may other rural areas of the state lose more in the future. Here's one reason: