Tim Keller

It may have looked like shooting fish in a barrel when State Auditor Tim Keller called out APD Chief Ray Schultz for possible criminal violations when he "greased" a contract for Taser Inc. to supply lapel cameras for the city's cops. The evidence in the 12 page audit is that overwhelming and obvious, just as it was when much of it first came to light in a report last year by KRQE-TV. But back then no one wanted to even look at the barrel, despite the strong stench surrounding it. Now that's changed and with it a possibly pivotal change to the landscape of state politics.

At a 35 minute news conference (video here) to unveil the audit, Keller tossed a potato hotter than a jalapeno directly onto the lap of Attorney General Hector Balderas. Keller said the city's former top cop is himself a criminal, in violation of a number of city and state laws. In other words, it's a case that cries out for prosecution. (Keller also sent the report to Bernalillo County District Attorney Kari Brandenburg but because of the APD bribery investigation of her there seems little chance of her taking on the case).

Only minutes after Keller stepped away from the podium the guessing game over Balderas was underway in earnest. Keller had just become the first major state political player to take on the Governor's political machine--responsible for electing Mayor Berry as well as Susana Martinez. The spell of intimidation cast by the machine's operatives was broken by a politically ambitious 37 year old with looks the cameras have a weakness for and who sports the kind of laid back personality that through the decades has proven a magnet for New Mexico voters.

So it's pretty straight forward for Balderas, who, like Keller, doesn't keep it a secret that the Governor's office would look pretty spiffy with a redecorating job overseen by his spouse. He now turns his guns blazing on Schultz and company, too. Right? Well, perhaps.

The Alligators and analysts point out that the Taser audit was begun over a year ago when Hector was state auditor but he left it to Keller to make it the headline maker that it is today. And then there was that unexpected question to Keller at the news conference pointing out that Luis Robles, the attorney for Ray Schultz, is of the same law firm as lawyer, former NM Dem Party Chairman and Balderas BFF Brian Colon. (Robles reacts to Keller's charges here.) The questioner wondered if that had entered Keller's mind when he referred the audit to the AG. Keller looked appropriately baffled but anyone with a political heart knew that his skipped a beat when that one dropped.

Dropping the other shoe is the issue for Hector. If he doesn't play street tough with Schultz his street cred among Dems could take a dive. More to the point, analyst (and now Democrat) Greg Payne, opined:

Hector can't afford to look like (former Attorney General) Gary King who was milquetoast when it came to corruption cases and earned a reputation as a do-nothing AG. This is the first of what could be a number of tests tossed Hector's way by Keller.

As for Keller staying close to the path carved by the Guv's machine, Payne said time will tell but this first outing packed plenty of punch.

It sure seems that way when you listen to how Gov. Martinez reacted. She seemed more concerned about Keller's investigation than the former police chief of the state's largest city being accused of  rigging a $2 million contract:

I was a prosecutor for 25 years. You can allege a whole lot of things, it all depends on what you can prove and making allegations doesn't get you all the way to proving something beyond a reasonable doubt. I have no comment on what he is alleging; I want to see what the end result ends up being.

Okay, Guv we'll get back to you on that, but be careful how much your operatives start beating up on Keller. He just might decide that it's time to revisit that state audit of the controverisal racino lease for the Downs at ABQ. And while that may be a humorous take, what's not funny for The Fourth and Fifth Floors is that they now know there is someone out there who appears more than willing--at least for now--to stand up to her and maybe more.

KLEIN'S CORNER

Ray Schultz

Retired APD Seargent Dan Klein has been monitoring the APD crisis for years. He comes with thoughts on the Taser audit:

Does this mean a special grand jury to investigate corruption at APD? Keller said that ultimately the person at the top is responsible. Hello? Richard Berry, he's talking about you. Everyone knows you don’t like the “blame game” (New Yorker interview). Now it looks like Keller is blaming you,
Keller says “from the top down (of APD and City Hall) they were being fast and loose with "procurements and ethics” Will Berry finally show leadership and place any command staff officer and civilian manager on admin leave pending the NM AG investigation? That could be almost all of the APD command staff and legal counsel. But this is the change that Pete Dinelli promised if he was elected mayor, remember him?

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This is the home of New Mexico politics.

E-mail your news and comments. (jmonahan@ix.netcom.com)

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(c)NM POLITICS WITH JOE MONAHAN 2014. Not for reproduction without permission of the author

Former NM State Rep. Elizabeth Thomson let it be known at last weekend's state Dem meeting that she will run yet again for the NE Heights ABQ House seat that she lost to Republican Conrad James last year. It's an announcement being greeted with mixed feelings by Dems hungry to regain control of the 70 member House after losing it in '14 to the GOP for the first time in over 60 years.

Some will argue that Thomson's name ID makes her a good choice. Others will contend that she had her chance and it's time for a new face to do what she could not.

James was unopposed when he took the seat in 2010 to succeed Republican Janice Arnold-Jones. Thomson, who is so far the only Dem in the race, ousted James from the seat in 2012, helped by the higher turnout in a presidential election year. She can point out that '16 also has a presidential contest. But since then James has grown in strength. For wary Dems the question is whether Thomson has.

DR. NO SAYS MAYBE

When it comes to a special session of the NM Legislature to pass that $264 million bill for construction projects statewide, a Senior Alligator recently said that a deal was done and that there will be a special, but Dem State Sen. John Arthur "Dr. No" Smith, who has a leading role in negotiating for a special with the GOP controlled House and the Governor, is warning the differences could be "insurmountable."

. . . For a special session to be successful, the House, Senate and executive must overcome the conflicts that led to the failure of the capital outlay package in the first place. Those difference remain and, while it would be advantageous for the Legislature to pass and the governor to sign a capital outlay bill, those differences might be insurmountable. A more important use of policymaker time would be to reform the capital outlay process that now too often leads to money being set aside for projects that never happen.

With over $1 billion in capital projects previously approved by the Legislature but the money going unspent, the urgency for reform of the capital process has never been greater. Can't we have a special interim committee get to work and present reforms to the '16 legislative session?

A SHAKEDOWN?

The ABQ City Council won praise for recently voting 7 to 2 to slow down approval of the $4.5 million contract for APD Federal Monitor James Ginger. It was read as a sign that the council was finally being more assertive in trying to resolve the crisis. But some remain cynical, including activist Dinah Vargas who says of the vote:

I am not in agreement with you at the moment regarding the recent ‘development of some huevos.’ Mostly because I am waiting for the bait and switch, shakedown, double talk, or otherwise shady deal to emerge. The monitor was always the big play. Let’s see, time will surely tell.

DA DOINGS

Al Sceresse

The exceptionally early start in the race for Bernalillo County District Attorney has readers reading up. Several point out that current DA Kari Brandeburg is the longest serving in history, now in her fourth, four year term and a possible contender for a fifth term next year. So who was the longest serving DA before her? Our Legal Beagles tell us it was Al Sceresse, a Dem who was first elected in 1960, re-elected in '64 and '68 and who died in office in 1972.  We managed to get a photo of him from photographer Mark Bralley who must have been a teenager when he snapped it.

Who was appointed to fill Sceresse's well-worn shoes? It was none other than Jim Brandenburg--father of Kari--who filled the vacancy, won election in '72 and served one term. He was defeated by fellow Dem Ira Robinson in '76.  And who was the last Republican DA? It was Bob Schwartz who was elected in 1988 and re-elected in 1992.

With the APD crisis continuing to make headlines the DA contest next year promises to be one of the most hotly contested and one of the more important.

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Well, at least we're not Baltimore. Over there they're taking it to the streets in a most violent way over actions of their police department. Our city's protests last year over the APD killing of James Boyd had tense moments, but nothing like what's happening back East. Still, the APD saga goes on, with Chief Eden saying the most recent revelation over an officer's misconduct fills him with "total disgust." You might agree:

Police found Adrian Marthell, who was intoxicated and in possession of marijuana cigarettes, according to a criminal complaint. While Marthell was sitting on a curb outside the motel, (Officer) Greer is accused of punching him in the head causing his head to slam against the pavement. He also punched the man in the ribs, which caused bruising, according to the complaint . . . Greer allegedly pulled Marthell’s arm toward his shoulder, causing pain. Greer asked Marthell “who’s the man?” several times, until Marthell responded “You are the man,” in obvious pain, according to the complaint.

That punk behavior--as in "who's the man"--reveals that the cultural rot at APD that brought the US Justice Department in here and which has given us--like Baltimore--the proverbial back eye--still spreads its putrid odor. And one senses that the community-at-large--not just those who have been in the vanguard of the protest movement--is tiring of it.

The City Council finding some hind legs by delaying approval of a multi-million dollar contract for the federal monitor hired to oversee APD reform is one sign. All three TV stations being in battle mode with APD over accessing information is another.

2010 Republican gubernatorial candidate and veteran businessman Doug Turner told us a few months ago he was baffled as to why it is taking so long to set APD right given that it is a department with less than 900 officers. It's not as though we're dealing with LAPD here.

Yes, any culture--large or small--takes time to change but it's not as if Mayor Richard Berry hasn't had over 5 years to get it right. He has and still the rogue behavior continues.

A hopeful sign in this most recent case of abuse is that it was reported by an APD cadet. Maybe we should make that young man the new APD chief or even Mayor. It is his kind of courage and forthrightness that is needed to end our city's too long nightmare.

THE POPE'S PICK

The state's widespread poverty and immigration reform will be a focus of the new Archbishop of Santa Fe. Bishop John Wester of Utah has been selected by Pope Francis to replace the retiring Archbishop Michael Sheehan who held the post since 1993.

Bishop Wester, 64, held a ABQ news conference with Sheehan Monday (full video here) where he delivered his remarks in both English and Spanish. During his service in Utah he has been in the fore on immigration. He said Monday that everyone can agree the system is broken and added: " It's a real thorny issue . . . a political hot potato..but it's more than a political issue it's a moral issue and we have an obligation to address it." And on poverty, he said: "Pope Francis has spoken eloquently about this very thing, especially how poverty has become institutionalized in our systems.". . . .

Wester, who will be formally installed in June, did not leave his sense of humor back in Utah. When asked what was the process that led to him being chosen the new archbishop, he joked that he had the same question. He'll need that funny bone when he has to deal with the state's favorite political pastime--repealing driver's licenses for undocumented immigrants.

THE BOTTOM LINES

A reader writes of the selection of Native American Debra Haaland as the new chair of the NM Democratic Party:

She is the first elected Native American chair of the State's Democratic Party. David Gomez, a lawyer in Santa Fe from Taos Pueblo and of Navajo descent, was appointed to serve on an interim basis when Diane Denish stepped down to run for Lt. Governor.

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Councilors Lewis & Harris

Maybe there’s life in the old gal yet. That’s the takeaway from the ABQ City Council’s 7 to 2 vote to hold the APD federal monitor's feet to the fire. Five Dems led by Council President Rey Garduno were joined by two of the council’s four R’s—Dan Lewis and Don Harris—in refusing to approve (for now) a $4.5 million four-year contract with monitor James Ginger because of concerns about the agreement. It was a rare occasion of the council breaking with the Mayor Berry administration and inserting itself into policy when it comes to the long-running APD crisis.

While the action seemed extraordinary because of the way the council has mostly hibernated during the mayhem that has surrounded APD, it was actually quite ordinary for the legislative branch—on equal footing with the mayor—to inject its concerns. It’s finally letting it be known that it too wants a seat at the table in resolving a matter that has given ABQ numerous national black eyes and demoralized APD officers.

Allies of the Mayor immediately criticized the seven councilors, saying their action was merely symbolic—that the federal judge monitoring the monitor and the city administration will have the final say over Ginger's contract. But symbolism should not be underestimated.

Berry, Chief Administrative Officer Rob Perry, APD Chief Gorden Eden and federal monitor Ginger have treated the council as an aside. Anyone familiar with the history of the nine member panel knows it is much more than a wall flower, even if the current crop of councilors has let its muscles atrophy. The 7 to 2 vote had the council finally doing some of the heavy lifting that is needed to renew confidence in APD and city government. Welcome back, councilors, please visit often.

HEINRICH REDUX

Dem US Sen. Martin H Heinrich had a nice little bounce back in the headlines in the aftermath of his embarrassment for being busted for violating Senate rules by using office money to reimburse himself for personal commutes. While the R’s were relishing that, Heinrich upset their apple cart with a proposal that would allow the Feds to approve the siting of power lines if the state and local governments don’t decide on such proposals within a year. It's aimed at improving the electric grid and promoting solar and wind power.

That brought howls from GOP Gov. Martinez and GOP Land Commissioner Aubrey Dunn, Jr. who wailed that local governments, not DC, know what's best. That reaction is actually good for Heinrich whose enviro credentials are solid and make up a good chunk of his support among base Dems. Martinez and Dunn are playing to their oil company base but from a statewide perspective, Heinrich takes this battle. The states rights advocates are a smaller slice of the pie, coming from the least populous counties. Meantime, support for renewable energy continues to grow, something we're sure Heinrich is mulling over during those pesky commutes.

DEB'S DUTIES

The New Mexican Democratic Party has never been so flat on its back. Part of the reason is the new campaign money laws that bypass parties in favor of mega-bucks PACS, but it is also a function of AWOL leadership. Bombastic Sam Bregman promised to bring a "storm” to Gov. Martinez but he soon petered out and what was to be a storm turn out to be what New Mexico farmers call virga—rain that never reaches the ground.

The silence of Sam will be noted no more as the party's chairmanship baton has been handed off to Debra Haaland. The 2014 Dem lieutenant governor nominee won it at Saturday's ABQ meeting of the Dem Central Committee, defeating former Santa Fe County Dem Party Chair Richard Ellenberg 214 to 168 (56%-44%). So now what? . . .

Haaland is going to have to put some vitality into the moribund party which in recent years has been devastated by twice losing the governorship, handing the state House to the Republicans for the first time in 60 years and losing the normally Democratic offices of secretary of state and land commissioner. The Dems failure to effectively fight the governor's political machine has the R’s eyeing possible gains in the Dem-controlled state Senate in 2016, despite a higher turnout in the presidential year when Dems can be expected to fare better.

As our analysts have said repeatedly about state politics, all the passion and purpose has been on the Republican side. Haaland, the first Native American to hold the chairmanship, has to somehow connect with a turned off Democratic base of middle and low income voters. Their apathy has resulted in turnout crashes in in the off year elections and possibly a downturn next year.

The Dems need to start acting like a party out-of power and not simply waiting for the GOP storm to pass. Bregman had it right. The Dems have to cause a storm for the R’s but he was the wrong weatherman. Now it’s Haaland's turn.

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