Mayor Berry

Mayor Berry posted a record-smashing 68 percent of the vote when he won re-election last October, but a brutal stretch of news revolving around the ABQ police department appears to have brought him back down to earth. In a poll of likely voters conducted by BWD Global on Monday and Tuesday of this week Berry scores an approval rating of 56.6 percent. 29.8 percent of the 998 likely voters surveyed said they disapproved of Berry's job performance. 13.6 percent said they were unsure.

Since Berry's re-election the Justice Department has released a scathing report over the many ABQ fatal police shootings and the most sensational of those shootings--that of homeless camper James Boyd--catapulted the city into the international spotlight and prompted large street protests against APD.

Berry's approval rating is still strong for a Republican in a Democratic city, but it has to be mentioned that Berry has not been subjected to any paid media criticism nor for that matter much criticism from  Democrats. The dismal news backdrop alone appears to have deflated his numbers.

The APD crisis appears to have hurt Berry most with Democrats. 46 percent of them now disapprove of his performance, while 36.7 approve and 17.3 percent of the Dems said they were unsure.

Berry continues to pull solid GOP support, with 83.4% of Republicans saying they approved of him. Independents are another bulwark of mayoral support. 63.8 percent of them approved of Berry and 21.3 percent disapproved.

BWD Global is headed by Republican Bruce Donisthorpe who has conducted numerous automatic phone call polls for NM Politics with Joe Monahan as well as political and business clients. The margin of error in the Berry survey is plus or minus 3.1 percent.

GUV OVERREACH?

Governor Martinez's camp professes to be supremely confident about her re-election chances, but this action says they may be a lot more nervous than they are letting on:

Gov. Martinez and her lawyers wanted to stop an ad critical of her from airing in the Albuquerque television market. The ad features a young Hispanic woman who says: "Behind closed doors, Susana Martinez played along when her staff laughed and shamed Spanish-speaking families, like mine. Caught on tape, she refuses to apologize." 

Better New Mexico Political Action Committee paid for the ad. The committee is supported by Pat Davis' ProgressNow New Mexico, which has been among Martinez's harshest critics. (Martinez's) lawyer, Paul M. Kienzle III, wrote to TV stations, saying the ad could be libelous. " Mr. Davis and ProgressNow New Mexico are notorious for launching. . . false attacks against Governor Martinez," Kienzle stated in a letter to KOB.

"... We do not know the content of this advertisement, but suspect it may be concerning the recent audio tapes leaked from Governor Martinez's 2010 campaign. The most controversial comments on those tapes were made by campaign staff of Governor Martinez and attempting to attribute comments on those tapes to Governor Martinez, or mischaracterizing her role in those comments, would be false and libelous."

Kienzle went on to say that TV stations did not have to run the ad.

Well, the TV stations are airing the ad and its curious why the Guv's camp tried to censor it before they even knew its content. But then they are likely to spend as much as $1 million on each of the three major stations for he re-election bid this year. Maybe they were trying to muscle the station?

ABOUT THE AD

More about the Spanish name for the TV ad in question from one of our readers:

Here’s a clarification on the term: ¡Qué vergüenza! Joe, it carries a much stronger meaning in Spanish than the English translation “How embarrassing.” It’s more like “How shameful!” or “Shame on you!” It’s used to tell someone that they should be ashamed of what they did/said.

And Alligator analysis of the Guv's unusual attempt to squash the airing of the spot:

I'm kind of Intrigued by the Martinez team's overreaction to this ad about the audio tapes involving the governor. The ad doesn't uncover anything new that hasn't already been reported. The ad itself is pretty soft, without any ominous background music or slashing graphics. But the governor's team calls it "false" (when "misleading" would probably be a better argument). And we hear the governor's attorney tried to stop stations from airing it. For a governor who claims to be tough, she's pretty thin-skinned. 

It's also amazing to watch no one really give into these bullying tactics. Is the magic spell that Martinez had had have over the press wearing off? Is their response so over the top for an incumbent governor because this issue moves voters in the polling? Is the ad particularly compelling because it uses a Hispanic woman--a group key to the governor's success? Or, perhaps, this is an ad that hits right at the Governor's efforts to sell herself nationally as a Hispanic Republican loved by Hispanics? I would say it's all of the above. 

And that's the stuff you won't get anywhere else which is why. . . .

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Martinez Campaign HQ

You've heard of the Fourth Floor--that's the top floor of the Santa Fe Roundhouse where Gov. Martinez has her office. And you've heard of the "Fifth Floor," the nickname of the Guv's political adviser  known  the "Shadow Governor." Now Susana gives us the "Third Floor" as she announces the opening of her ABQ campaign headquarters:

You are invited to an Office Grand Opening with Governor Susana Martinez Saturday, May 3rd at 10:30 am, 4700 Montgomery Blvd, NE 3rd Floor Albuquerque.. . .

Well, the Guv won't have to worry about having many "walk-ins" or prying eyes roaming about her third floor headquarters. It resembles a fortress. Some might say that's befitting the personality of the Guv and her tough talking entourage.

TV TIME

One of those who hopes to bring down that fortress and the Governor along with it is Dem guv hopeful Lawrence Rael. Rael became the first of the five Dem Guv candidates to put up a TV spot for the June 3 primary. It's a softie.

It's called "Contrasts" and outlines Rael's vision for a a better state. The closing line:  "Lawrence Rael sees a very different New Mexico and as Governor you can trust Lawrence to get us there."

Rael took hits for his 2010 TV when he unsuccessfully sought the Dem lieutenant governor nomination. It was criticized for being stilted and lacking emotional appeal. Maybe that's why Rael pulls in his horns this time and does not speak on camera, leaving it to a laid-back narrator and pleasing pics of youngsters to paint his vision. The transcript:

Lawrence Rael sees New Mexico in a very different light. He sees a New Mexico that can thrive. Where we lift up our children with an education that nurtures and inspires their full potential. A state with no shortage of good jobs and opportunities, a place that grows local business and welcomes others. Where poverty is transformed into prosperity and the life we all deserve. Lawrence Rael sees a very different New Mexico. And as governor, you can trust Lawrence to get us there.

The spot is well produced, but immediately drew criticism from Dems who are hungry for red meat and want Martinez taken to task. Independent analyst and campaign consultant Greg Payne explained:

If you've got a low budget, you need an ad with a hard message. The Rael ad is a soft buy with a soft message. It's warm, fuzzy political boilerplate--a different version of the Martinez re-election spots we see running. There is nothing here that will fire up the Democratic primary base. It seems odd that there's no mention at all of the Governor or why Rael--or any Democrat - should replace her.

Rael only had about $225,000 cash on hand recently so his TV buy is going to be minimalist unless the cash comes pouring in over the next few weeks. Maybe he will save his hits on Susana for later, but it could give Webber the opportunity to come now with a harder message that would put some fire in the primary electorate. Webber had around $440,000 in cash on hand earlier this month, giving him the ammo needed to make a serious TV presence.

The campaign of Gary King says he will also be doing TV ads. He had about $90,000 in cash on hand earlier this month. Linda Lopez and Howie Morales had low cash balances and are not expected to come with big TV buys.

HOW EMBARRASSING


Those leaked audio tapes from Mother Jones magazine this month were the sources of embarrassment for Gov. Martinez and her top aides. And now they are the source of a new TV spot--titled '¡Qué Vergüenza!,' (How embarrassing)--that hits Martinez for her taped comments and refusal to apologize. The spot is paid for by the Better NM PAC which is affiliated with ProgressNow NM. The transcript:

We all want to be proud of our leaders, but Susana Martinez is not the leader we thought she was. Turns out, she's just another politician. Behind closed doors, Susana Martinez played along when her staff laughed and shamed Spanish speaking families, like mine. Caught on tape, she refuses to apologize. Que Verguenza! Susana Martinez is not right for New Mexico. She's not right for me, she's not right for you.

The message is delivered by an Hispanic woman--a key constituency for Martinez who has crossed party lines to pick up a good share of that demographic.

The leaked tapes have Martinez referring to her Dem Guv opponent--Diane Denish--as a "little bitch" and her top campaign aide Matt Kennicott referring to then House Speaker Ben Lujan as a "a fucking retard." The Governor has not apologized for the remarks. Her campaign said of the ad:

This is a false ad run by an extreme, dark-money group that has a history of peddling fictional and misleading attacks against Gov. Martinez.

The spot is set to run through Friday, with donations determining if the run will be extended. No word on the total buy.

Martinez's campaign was the first to air TV spots, hitting the airwaves earlier this month. She had over $4 million in cash on hand on April 7.

TENACIOUS TRENDS

Syndicated columnist and former UNM poly sci professor Hal Rhodes writes of the current scene:

These are tenacious trends in New Mexico history and no one person—not even a governor—is apt to change them with the snap of a finger. A governor could, however, declare the equivalent of war on dead last, bottom of the barrel.

It has been said that parts of New Mexico never recovered from the Great Depression. It can now be said that much of New Mexico has not recovered from the Great Recession. How is it that other states, including neighbors, are bouncing back? Have New Mexicans haplessly inflicted upon themselves leaders in name only?

THE CHAVEZ LECTURE

For the history buffs among us, here is video of the 2014 US Senator Dennis Chavez endowed lectureship on law and civil rights at the UNM School of Law. The lecture is delivered by Professor Richard Delgado of the Alabama School of Law. Chavez served from 1935-1962. During that time he was the only Hispanic US Senator.

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Sir Richard Branson

"Due to technical difficulties. . . " That seems to be the unofficial motto of the NM Spaceport and Virgin Galactic--the company that for ten years has been working furiously to put civilians into suborbital space. It insists that this year is the year that will see Virgin's Richard Branson launch from our southern NM Spaceport and begin an exciting 21st era of routine space travel. But first. . .more of those technical difficulties.

According to Parabolic Arc, a blog aimed toward the scientific community and which has been spot-on in tracking Virgin's progress or lack thereof, we learn that;

Even as Virgin Galactic confidently predicts it will send its founder, Sir Richard Branson, and his two children into space by the end of the year and then promptly begin commercial service, the reality behind the scenes is quite a bit less certain. 

And then there's this little hitch--the suborbital space journey may not turn out to be all that it's been cracked up to be:

Sources say that the ship can’t reach the 100-km (62-mile) and above altitudes that Virgin Galactic has been promising its customers for nearly a decade. (The 100 km boundary is the international definition of space.) The ship might exceed 80 km (50 miles), which is the definition of space used by the U.S. Air Force to award astronaut status to X-15 pilots in the 1960′s. From a legal standpoint, Virgin Galactic would be fulfilling its customer agreement if the ship reaches 50 miles and above. However, ticket holders who have relied on the company’s public promises and failed to read their agreements carefully are likely to be disappointed if they can’t get to 100 km and enjoy the same interval of microgravity they were promised.

If Virgin does get off the ground but falls short of the altitude expected, will will there be rebels among its star-studded passenger list who have paid at least $200,000 a ticket and often more? Stay tuned. . .

HOW MANY?

Another 200,000 figure is being tossed around. If and when the Spaceport does take flight with paying passengers, the state tourism department says we can expect some 200,000 a year to the remote location near T or C. That's probably a good a guess as any. The problem remains: What year?

THE APD BEAT 

Reader Stephanie Padilla writes of a police officer's defense of the fatal police shooting of homeless and mentally ill James Boyd:

Joe, this caught my eye : The officers, whose job it is to protect the K-9 officer had to make a split-second decision based on the totality of what they have witnessed and experienced over the past hour with Boyd, decided that their partner was in imminent danger. Are you kidding me? They killed a man to protect a dog? I'm sorry if I'm not giving a "highly trained police officer" the respect it deserves, but seriously? Dogs now outrank people?

Another reader on the same topic:

Is the life of a dog more important than the life of a human. The officer put himself in a position of danger. The dog is a tool, as crass as it sounds, so is it the opinion of this writing officer that the threat to a tool deserves death? Boyd died because an officer put himself in danger.

Reader Norm Gagne writes:

These Nine Principles of Policing showed up in an NY Times story about the new New York Police Commissioner, Robert Bratton. Interesting reading in light of our current situation.

Another reader writes of APD:

So, according to the Journal, APD moved away from community policing because they are low on manpower. But the city has been saying repeatedly that they had enough officers. Now they say the officers are going from call to call. Another question is how is APD utilizing its officers? Are they inside on desk duty? Are those that have physical problems - medical leave - being allowed to work detective positions where the physical demands are less?]

A reader wants more cops on the street:

Supporters of APD should demand the Mayor Berry restore pay, sign a current collective bargaining agreement and restore the number of officers patrolling the street available to respond to calls for service. Supporters of APD should demand that only capable leaders are promoted, new training techniques implemented and accountability be held across all ranks. Mayor Berry's anti-union stance and uncooperative attitude has had a negative impact on morale and a damaging result in officer retention. It is time to end the partisan rhetoric and implement a pay raise the men and women of APD deserve. This needs to be the first step in restoring confidence and attracting and retaining quality officers.

And one more:

The supporters of this Mayor should demand that the numbers of officers be increased to start community based policing instead of the current pattern of reaction based response we are now seeing. We will not be able to attract new business to the area until APD regains the trust of the community and business owners. There are not enough officers available to do any proactive policing or make positive community contacts and interventions. Mayor Berry's practice of reverting money budgeted for vacant police officer positions into his pet projects is not an effective or efficient way to manage public safety resources.

GUV CHASE

The Democratic Governors Association is going to have to have some decent polling to get involved in the Guv's race here and so far it hasn't happened. That means no early infusion of cash to help out the Dem nominee following the June 3 primary. If state Dems are to nationalize the election against Gov. Martinez they will have to get the ball rolling on their own and post some polling numbers that would get DGA in. Meanwhile, the Republican Governors Assocation, Martinez's largest donor in the 2010 election, is expected to again help her shake the money tree.

WOMEN IN PRISON

A reader writes: 

Joe, New Mexico is losing population yet we are putting more women in prison and are being told we must now build a bigger prison for women. Is this the free market for corrections at work? Is this the only answer Susanna Martinez and the legislature can come up with to turn our economy around? Put more of our citizens in prison? How about not putting people in prison for stupid things? How about not keeping them there by judges setting bonds that are unreasonable? The bondsmen are doing wonderful, but that is not the economic boost that we need.

HOUSE ACTION

The battle for control of the NM House is well underway. In the thick of it is ABQ Dem Rep. Liz Thomson. She's serving her first term after taking her NE Heights seat away from Republican Conrad James in 2012. But in '14 James is going for a rematch. That has Thomson busy raising money. She writes to supporters:


JEFF WATCH

Well, it appears we won't be watching her much anymore. Navajo Country Dem State Rep. Sandra Jeff lost her appeal before the NM Supreme Court and will not appear on the June 3 primary ballot. But Jeff watchers aren't completely out of luck. The renegade Dem says she will run as a write-in candidate in November. She will face off with the winner of the primary in her district which features two candidates who, unlike Jeff, submitted the proper number of petition signatures to make the ballot. No R has filed for the seat.

Jeff's chances of now keeping the seat are slim to none. That's happy news for Dems who fear she would have crossed over and caucused with the R's and threatened the speakership of Ken Martinez. Her appeal loss makes it more difficult for the GOP to take control of the House.

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(Deming Headlight photo)

Look at that thing! It's just what the police department of every little city of 15,000 needs--its very own armored personnel carrier.

You hear about how PD's are becoming more  "militarized" but in Deming? What? Are the retirees there going to revolt against high chile prices? The news:

"This SWAT vehicle can hold up to 12 SWAT team members," Deming Police Chief Brandon Gigante said. "

The department became aware that this vehicle may be available through a program that disposes of excess property from military services. "Normally, an armored personnel carrier of this type could cost $733,000 and up, so we are grateful to receive this for free," Gigante said.

The vehicle is large enough to transport personnel to and from emergency situations. It can be used in case of major weather situations, like floods or fire, barricade hostage situations, or most any other type of critical incident. "This is absolutely not a weapon system carrier," Gigante said. "This is strictly a personnel carrier."

Well, we sure will be careful while on our way through Deming in the future. Of course, after this recent news out of there, we don't need much incentive:

Hidalgo County and the city of Deming recently settled their portion of a lawsuit for a total of $1.6 million. The lawsuit, filed against police and sheriff's officials, alleges Deming police sought a search warrant because they thought (a suspect) appeared to be clenching his buttocks when he got out of his car in January 2013. By the time his encounter with the officers ended the next day, the suspect had endured three enemas, two anal probes and a colonoscopy at Gila Regional Medical Center -- and authorities found no drugs.

Come to think of it, if you're traveling through Deming you might want to use one of those armored personnel carriers.

JUSTIFIED SHOOT?

Retired APD Captain David Gilmore thinks the media has gone overboard in its coverage of the fatal police shooting of James Boyd that sent shock waves through the city and nation. He sends this missive from a retired Illinois police lieutenant who examined the Boyd case and came with a rare defense of the shooting:

. . . .As is evident on the video—Boyd has two knives in his hand. As the K-9 approaches he raises his right hand with a knife in it and takes a step forward. The K-9 officer is within a few feet of Boyd holding the dog’s leash and is therefore empty-handed with his weapon in a holster. The officers, whose job it is to protect the K-9 officer had to make a split-second decision based on the totality of what they have witnessed and experienced over the past hour with Boyd, decided that their partner was in imminent danger. No villains, no malicious motivation, no evil intent, no hate of the homeless, certainly no premeditation, not even a lack of training—in fact, the opposite of all that is evident throughout this ordeal.

Meanwhile, reader Jason Libersky informs that there is a long shot move afoot to have the Department of Justice completely take over APD. A petition to urge just that is posted here.

THE BEST

Is this one of the best positive TV ads to surface so far this election cycle? Some folks think so. It's an ad for Monica Wehby, a doctor running for the Republican nomination for U.S. Senate in Oregon.

And it seems Dem US Sen. Martin Heinrich have one of the best congressional websites:

Heinrich was recognized by the Congressional Management Foundation (CMF) for having one of the best websites in Congress, awarding Heinrich.Senate.Gov with a 113th Congress Gold Mouse Award.

Does he now get a gold-plated mouse to surf with?

ORGAN DEBATE NOISY

Heinrich, along with NM Dem US Senator Tom Udall are noted environmentalists. And the conservative GOAL advocacy group is hoping to put some hear on them when it comes to the current big enviro issue down south:

GOAL Advocacy launched a radio ad in Las Cruces aimed at bringing attention to the Organ Mountain National Monument debate. The radio spot can be heard here. The spot encourages residents to contact Senators Heinrich and Udall and ask them to pursue the legislative process in the effort to protect the Organ Mountains as a national monument. The legislative process will help ensure the issues Dona Ana County residents care about most are addressed in any designation. According to a recent survey of Dona Ana County residents by GOAL Advocacy, strong majorities were more likely to support a designation that addresses and protects grazing, border security and flood control projects.

Udall and Heinrich introduced the “Organ Mountains-Desert Peaks Conservation Act” this past December to preserve the area. President Obama has the power to create the monument--something that GOAL advocacy opposes but has significant support in the community.

DIE ANOTHER DAY

McClure

ABQ is not dying, says Association of Commerce and Industry of NM leader Beverlee McClure as she pushed back against various comments heard on this blog, including those from veteran NM journalist Wally Gordon who asserted that ABQ has many symptoms of a dying metro. McClure says:

Bloggers and pundits are asking lately whether Albuquerque is dying. The optimism of the last decade disappeared with mind-numbing speed, as if the concept of a successful Albuquerque has an expiration date.. . . What if all we’re missing is an element of pride and belief in ourselves? What if it feels like we always fail because we ignore all the times we succeed?. . . .A cloud of negativity has hung over this city for decades. New Mexico faces a dismal self-fulfilling prophecy. Who wants to achieve when nobody will acknowledge our achievements? Despite the successes of our universities, we treat them as second-class. Despite the cutting-edge accomplishments of our scientists and engineers, we pretend we’re stuck in the Dark Ages. Despite our vibrant culture, we disparage ourselves as insignificant and backward.

Nothing wrong with high self-esteem and New Mexico, as McClure argues, has had a shortage. On the other hand, the the city often ranks in the cellar in many of the relevant measures of social and business success. We would argue that we also have a shortage business leaders willing to stand up and lead. That's one of the reasons the "bloggers and pundits" are wondering if the city is losing its mojo.

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Martinez & Gardner

When asked by Gallup to rate their state as a place to live, New Mexicans ranked their enchanted land as one of the worst. Only 28 percent said it was the best or one of the best states to spend the days of their lives. That had us at 46th among the 50th states. And after what we have been through in recent months, many of us might quip: "We rank that high?"

With a long-term sour economy and a generations-old social conditions crisis that has only worsened, it's no wonder that Mr. and Mrs. New Mexico are discontented with their state's lot in life.

That's the way they see it, but for public officials looking to avoid accountability our state has been a virtual paradise. In that category we have to be far and away #1. Let's take a look:

You're the Governor's chief of staff and you go on a bender and use the state credit card for your personal expenses thereby directly violating state policy and procedures? No problem. Just shrug it off as business as usual. And don't worry about your Governor boss firing you or even disciplining you. Those words are not in her vocabulary. Besides,  the rules don't apply to you. You work on the Fourth Floor but answer to the Fifth Floor.

You're the ABQ police chief and one of your officers guns down a 19 year old woman in the street. Problem? Not if you're the APD chief. When folks wonder exactly what happened, you just say repeatedly: "I don't know." No one will bother you. After all, you know best.

You say you're the former APD chief with a pay-to-play scandal over a nearly $2 million contract looking you square in the eye? Just say you didn't do it. If you're the city's chief administrative officer, just refuse to answer questions. Whose going to question you? You decide what's right and what's wrong.

You're the Governor and you're busted on leaked audio tapes calling your Dem Guv opponent a "little bitch" and one of your top campaign aides likens the House Speaker to a "fucking retard? Fugghedabout it. No apologies needed. Who's going to make you? Anyway, apologizes are for weaklings.

You're Mayor of ABQ and folks ask why during your first four years on the job you didn't take firm action over the many fatal police shootings that plagued the city and that forced the Dept. of Justice to come in here? Heck, that's child's play. Just blame most of it on your predecessor and then go back to hibernating. What do you have to fear? Hardly anyone holds you to account.

You're a former APD top cop who is brought in to oversee a "fix" for the department and insure that needed reforms are implemented. Say what? Well, if you're that ex-top cop you say it's Justice that says APD needs fixing, you dont' necessarily see it that way. After all, when you are in public power around here, you just don't sweat the small stuff. Everyone knows the public can't be trusted.

Now do you agree that we are actually lucky that we rank 46th and not 50th among the states in which people don't feel it's one of the best places to live? Yep. Thought so.

GARDNER GATE

Our Alligators have speculated for months that Guv Martinez Chief of Staff Keith Gardner may soon be headed for the exits--or another nicely padded state job. But the former Roswell state representative and tough-talker seems to have super glue on his seat.

His flagrant violation of state policy by using a state credit card for personal use--even though he defended himself by pointing out he reimbursed the state--is the latest in a long line of Gardner gaffes and worse. There was this:

Schools lobbyist alleged in a letter to Gov. Susana Martinez that Chief of Staff Keith Gardner painfully gripped her arm and yelled at her in “in an extremely threatening manner,” during the legislative session in February.

The Journal is calling this Jay McCleskey duo of Berry and Martinez out for their amateurism. Both of them are being asked to essentially step up and act like adults. In the case of Martinez she needs to start acting like an incumbent Governor and take responsibility for her comments heard on those audio tapes. In the case of Berry, he needs to move beyond city hall insiders and local Republicans to attack this APD issue like a real big-city Mayor. What the Journal may be coming to realize is that Berry and Martinez are just not ready for prime time. They made great candidates and pawns in (political consultant) Jay McClesky's game, but they have a very hard time governing.

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