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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Talk about all-crime-all-the-time:

A recent study by Yahoo Finance said Albuquerque leads the nation in car theft with nearly 700 per 100,000 people in 2014. FBI crime data said more than 6,600 were stolen in 2015.  Albuquerque police said they're doing all they can to keep cars out of the hands of thieves but they need some help. “We'll arrest these guys but they'll literally laugh in our face and say 'I’ll be back out tomorrow doing it again,” APD said. APD said people can keep their cars safe by not warming them up in the mornings, they said they had 30 stolen cars in one day.

Sure, we'll warm up our cars but how about warming up the cop recruiting effort so we have enough of them on the streets to discourage the car thieves? APD remains severely understaffed.

Retired APD sergeant and longtime APD critic Dan Klein said his jaw dropped, along with the rest of the city, when it was disclosed over the holidays that the city was preparing to ink another deal with Taser to supply lapel cameras for APD officers. Yep, that's the same Taser that's involved in an alleged corruption caper with former APD Chief Schultz to get its first contract with the city:

Only in Mayor Richard Berry's world would allowing a company that your staff admits had inappropriate ties to the past chief of police, and is now under criminal investigation for that contract, to have the winning bid on the current multi-million dollar camera contract! We don't have common sense, we don't have rule of law, we just have an AWOL mayor. And once again a shout out to Attorney General Hector Balderas--please make a decision on the Taser investigation. So far the City Auditor, City Inspector General and the New Mexico State Auditor are all alleging criminal pay-to-play between Taser and APD Command Staff. Hector, you need to do something.

Your move, Hector.

SCRAPHEAP?

Here's one reason the idea of reinstating the tax on food to raise money for the state budget may end up on the Roundhouse scrapheap:

Advocates say Santa Fe Archbishop John C. Wester is forcing New Mexico lawmakers to reconsider various proposals related to fighting poverty in one of the nation's poorest states. Less than two years into his tenure, Wester has been outspoken on issues ranging from early childhood education and immigration to income inequality. He recently denounced a tax proposal that critics say would unfairly raise grocery prices for low-income families. He hosted an immigration forum earlier this year and criticized the Obama administration for not giving due process to detained migrant children from Central America. He also spoke out against an effort to reinstate New Mexico's death penalty. 

The food tax, aka, "The Tortilla Tax," is being prominently promoted by Sandoval County GOP Rep. Jason Harper who is grabbing all sorts of headlines. But, hold on. Didn't Harper lose his chairmanship of the House Ways and Means Committee when the GOP lost control of the state House at the November ballot box? Yes, he did. So why is the Democratic legislative leadership letting the minority representative hog the public microphones with his Tortilla Tax and not putting out their own spokesmen to counter Harper's view? Did the Dems forget they won? Just wonderin'.

THE BOTTOM LINES

In the Tuesday blog we called Republican Wayne Johnson, who is a possible '17 mayoral candidate, a former BernCo Commissioner. He is an incumbent serving his second term. And we misspelled the first name of mayoral candidate Eddy Aragon.

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Berry and APD Chief Eden

When Dave Letterman ended his multi-decade run as a talk show host last week he had several former US Presidents joke that "our long national nightmare is over."  That was first said in 1974 by Gerald Ford after Nixon's resignation over Watergate. Everyone laughed with Dave, but here in ABQ many may have also pined for those words to be uttered over the long nightmare featuring the ABQ police department and the Berry administration.

The ceaseless, demoralizing and often maddening news flow--now several years old--is unprecedented. At this point we are in wheel of fortune territory--where it stops nobody knows. Just look at the most recent cascade of nightmarish offerings:

---Bernalillo County District Attorney Kari Brandenburg--in a sometimes surreal hour long news conference--announces she is asking federal authorities to investigate APD's investigation of her on bribery charges. Attorney General Balderas says those charges appear politically motivated and in retaliation for her decision to charge two APD officers with murder in connection with the fatal shooting of homeless camper James Boyd. (Full news conference video here.)

---A settlement of yet another lawsuit against APD and the city for a fatal police shooting ends with a mammoth $6 million judgment. That's money out the door that is sorely needed for improvement to the city's social services as well as maintenance and repair of an aging infrastructure. Strange that we hear nothing from fiscal conservatives over the tens of millions being lost.

---In a bizarre development, an APD cop critically wounded by his own boss as he sat in a car with two suspected drug dealers threatens to sue the city unless a settlement can be reached.

---APD, under the legal gun, finally releases a video of possible APD and State Police abuse (welcome to the party Chief Pete Kassetas) of an already dead suspect after denying it existed:

Albuquerque Police body camera video shows an APD SWAT officer firing three beanbag rounds at an unresponsive suspect’s face, followed by a State Police sergeant flicking the suspect’s eyeball before stomping on his groin. Lusian was dead. The lapel video, which APD denied existed after KRQE News 13 first requested it, shows the end of a March 2014 SWAT call out at a tow yard in the Heights. Police said 56-year-old Dale Lusian had been seen rummaging through cars in the fenced-in lot before hiding in a metal container. When a police service dog went in, Lusian shot the dog three times. Medical investigators ruled Lusian’s death a suicide from a gunshot wound to the chest.

That APD in 2015 was sitting on 2014 lapel video shows the cover-up culture at APD remains as virulent as the AIDS virus at its peak.

The establishment press and most players in the business community--for whatever reason--continue to run interference for Mayor Berry who is now rebutting his critics not by not addressing their charges but trying to marginalize them. Says he:

One thing that makes me mad as mayor is when people in our community would like us to be seen in less than a positive light. . . we should stop listening to naysayers. 

Well, Mayor, maybe if we all put cotton balls in our ears and blinders over our eyes all those morbid news stories we just cited will go away--or at least not seem to place the city government in the middle of an unending crisis--which is what it faces but refuses to acknowledge.

OTHER VOICES

The apathy, defensiveness, resistance to change and downright parochialism that have been hallmarks of much of the community's reaction to the APD drama and attendant events does not speak well of the body politic.

Only recently has there been some meaningful movement--DA Brandenburg's conversion via intimidation, AG Balderas' hardball report on APD's probe of her, Auditor Keller's hit on the suspect APD Taser deal and the City Council's questioning of the Department of Justice Federal Monitor for APD. But with the mayor and APD continuing to resist transparency and change (as seen in that very recent KRQE incident and Berry's quote above) it will take much more from the aforementioned politicians as well as any new voices that choose to join the fray. An editorial in the ABQ Free Press sums it up this way:

There seem to be no consequences for failure or malfeasance in this administration. One debacle follows another and nothing changes. Could it be that the cancer Downtown has so metastasized that if any one person were scapegoated, everyone goes down? We have a crisis at City Hall and no one in charge seems to care. We have a police department that is rapidly becoming the pariah of the Southwest. Beat cops struggle to maintain public trust while the people at the top cover their asses. So what’s the answer? Fire everyone at APD at the rank of lieutenant and above? That’s a lot of people to replace. Bring in a new chief who methodically cleans house among APD’s top commanders with a “My way or the highway” approach? Or do we fire someone over at City Hall calling the shots from an “us vs. them” proposition. Oh, wait, it’s not “we,” Mr. Mayor, it’s you. Do us a favor and clean up the steaming, stinking pile of problems that have accumulated on your watch. Show us there are consequences for screwing up. Otherwise, we can only conclude you don’t care or you’re not really the one in charge.

And from our reader email we get this incisive lament:

Joe, I guess we have finally reached the point where consumerism trumps democracy, narrow self-interest wins over any commonweal and frustration and/or cynicism about politics and government renders the people impotent. Without a doubt "community" has always been difficult to achieve in these unnatural political conglomerates that have been labeled "New Mexico" and "Albuquerque." As a thirteenth generation New Mexican and a fourth generation Albuquerquean, I am disappointed and saddened with the current state of affairs. At least some people are taking some action; some are communicating about our dire situation; and others are contributing in whatever manner they are able. Thank you for the great public service you are contributing with your blog. This is an example that there is still hope.

BERRY VS. DINELLI

Dinelli

One could see Pete Dinelli, the losing candidate to ABQ Mayor Berry in the 2013 election, picketing City Hall with a sign that says, "I told you so." He isn't going that far but the onetime city councilor and former chief deputy DA, is having a say and it doesn't sound like sour grapes:

DA Brandenburg and I have had our differences over the years. However, what APD has done to her is an affront to out criminal justice system. People should be appalled by the findings of the Attorney General that APD accused her of felony crimes for political gain. The Albuquerque public and voters have a right to demand that APD’s investigations not be politically motivated. What happened in this case is a throwback to the 1980’s when APD used to keep and maintain investigation and intelligence reports on elected officials.

The AG investigation of the DA reflects the kind damage that can occur to people’s lives and reputations when initial police reports are released to the media to promote a political agenda. APD was attempting to tarnish and destroy the DA’s reputation and destroy her career because of her prosecution of the two cops in the Boyd murder case. How many other elected officials or private citizens has APD targeted because of being outspoken critics of APD? 

As Dinelli mentions it's not as if the police have not gone off the reservation before when it comes to civil liberties and intimidating public officials. We've been around long enough to remember the 1980's when the department publicly announced the destruction of files that should have never been kept or opened. That is a flagrant and intolerable abuse of power. The fear of it now may be responsible in part for the public quietude over this latest police crisis. It's why federal authorities need to take seriously the DA's request for an investigation and peel the onion even further.

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Why would a group of APD DWI officers set up a criminal scheme in which they accepted bribes from defense attorneys in exchange for agreeing to not show for DWI trials thus insuring the cases were dismissed? 

Maybe the Guv's fave to fill the state senate seat left vacant by the resignation of Phil Griego will get a second chance and snatch victory from the jaws of defeat? The Lincoln County Commission is doing a do-over of its Sunday meeting on the advice of legal counsel who tells them it was done too hastily.

At the first meeting on Sunday, Bobbi Shearer, former head of the NM Elections Bureau, told the GOP dominated commission that she was the Guv's choice, but the commission ignored her pleas and named one of their own--Commissioner Tom Stewart for the slot. The second meeting is slated for Thursday unless the NM Supreme Court rules otherwise (see below). We'll soon see if Bobbi can bounce Tom.

The Griego district has six--count em--six counties in it and each of them gets to send a name up to to Governor who will make the final choice. Two have done so. The other commissions are slated to do so on Friday--except BernCo which will meet Wednesday-- so it appears the Griego seat will stay vacant until the end of the current legislation session at noon Saturday. But. . .

Martinez camp supporters have gone to the NM Supreme Court to get an order forcing the county commissions that have not yet sent her names to fill the Griego seat to do so ASAP. Like right away. The petition is here.

Does the administration really think the GOP vote that it will appoint to replace Griego can turn the tide for them?  Stay tuned. . .

HYPOCRISY WATCH

And what about the hypocrisy? When ABQ Dem state Senator Tim Keller announced his resignation the Bernalillo County Commission filled the seat within three days and drew cries of outrage from GOP Commissioners Johnson and Talbert and the Martinez media. And they were right. That was too quick. Now they are saying hurry up and send a name to Martinez within the same time frame as the Keller replacement--Mimi Stewart--was picked. Fellas, that bite you feel on your buttocks is an old fashioned Alligator strike.

AT THE ROUNDHOUSE

The solons are sure to pass a state budget for the next budget year that begins July 1. Most everyone agrees on that, but not much else. Speaking of which. . .

No sooner had we blogged that this year--against our better judgment--that this might finally be the year for a compromise on the repeal of driver's licenses for undocumented workers when any possible deal fell apart. The Guv has turned her back on the compromise bill offered by GOP Sen. Ingle and Dem Sen. John Arthur Smith. So it's back to the campaign trail with that one for the umpteenth time. And that's probably just the way the Guv wants it. This was the sixth time the driver's license bill has been debated in the Legislature--five regular sessions and a special session.

Another of the Guv's initiatives of the refried bean variety--third grade retention--is also headed for another failure. Right-to-work was put in the grave earlier, although you could see some of its fingers wiggle through the dirt in the final days. . .

We take note that Republican House Speaker Don Tripp did not come with any major legislative initiatives of his own this session. In an interview prior to the session he excited the bleacher seats when he said it might be time to look at extending the state's gross receipts tax to include giant online retailers like Amazon.com. Nothing but silence on that one ever since.

DOWN TO TWO

Now there are two. Chavez County Dem Party Chairman Fred Moran has withdrawn from the race for NM Dem Party Chair and tossed his support to Santa Fe County Dem Chair Richard Ellenberg. Moran says:

Richard’s understanding of the problems we face and his ability to deal with them, is well beyond the effort I could have provided.

Attorney Deb Haaland, the '14 Dem lieutenant governor nominee, is still in the race. The Dem Central Committee will meet in April to choose a replacement for Sam Bregman. The two chair hopefuls are scheduled to debate in ABQ Thursday at 6 p.m. at the Plumbers and Pipefitters Hall, 510 San Pedro SE.

APD CRISIS

A new development in the APD fatal shooting one year ago of homeless and mentally ill camper James Boyd:

One of the weapons Albuquerque police chose to help bring James Boyd out of the Sandia foothills alive last March never should have been in officers’ hands in the first place. Nearly two years before the encounter that has come to symbolize the cratered relationship between police and many citizens here, Taser International discontinued its X12 shotgun, according to the company’s own literature. It cited flagging sales. The weapon, which APD officer Rick Ingram fired twice at Boyd, was no longer supported by Taser at the time. Nor was it covered under warranty.

And former APD Chief Ray Schultz is far from out of the woods when it comes to his relationship with Taser:

The city of Albuquerque’s longstanding and cozy business relationship with the Scottsdale, Arizona-based stun gun and body camera manufacturer is under increasing scrutiny.

The state auditor's office and the city Inspector General have both been investigating the city's relationship with Taser.

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Now that one big fat cockroach has crawled out from under the carpets of City Hall, the question is whether there are more to come. 

State Auditor Tim Keller busted former APD Chief Ray Schultz for "greasing" a nearly $2 million city contract for Taser, maker of police video lapel cameras. The Berry administration is reacting by admitting there are some weaknesses in the city "procurement code." That's prompted City Hall watchers to ask if Taser is the only questionable contract approved by APD or other city agencies under this faulty procurement code or are there more cockroaches to come?

As for Keller, his aggressive move against Schultz and the Taser deal--he said there have were criminal violations of ethics laws and forwarded the audit to the AG and DA--put the political guessing game into overdrive.

Veteran politico and independent Mike Santullo took note of our Friday blog on speculation about Keller seeking the '18 Dem Guv nomination by adding, "Don't forget the '17 mayoral race."

We are quite away out,  but aside from a couple of city councilors, I am not hearing any big names. Keller is a former ABQ state Senator and now knee-deep in a major city issue. He could take a serious look at a mayoral run. He would not have to give up his auditor's seat to make a run since he is not up for re-election until '18.

Reader and Dem activist Danny Hernandez also brought up the mayoral angle:

The target of Keller's investigation makes me wonder if his audience is Albuquerque voters. Although it's no secret Keller and (Attorney General) Balderas are both eying the fourth floor of the Roundhouse, it's also no secret that in 2013--before the APD crisis hit the fan with the James Boyd shooting video--Keller was eying the mayor's office. He likely took one look at Berry's high approval rating and decided to take a pass--or a rain check. Is it possible Keller is keeping his options open and he could also be looking at a mayoral run in 2017?

Meanwhile on the 11th floor of Government Center Republican Mayor Berry has hired himself a new spinmeister, but don't expect any drastic change in message. The new spinner is none other than the wife of GOP state House Majority Leader Nate Gentry.

Erin Gentry will collect a handsome salary in the $90,000 area but as a full-fledged member in good standing of the Guv's political machine, it's hard to see anything but more of the same.  Not that Berry couldn't use some Dale Carnegie lessons. . .

His relationship with the three TV stations is in shreds because of the constant APD stonewalling over public records.  Berry has lost much of a politician's most precious asset with the media--trust. The newspaper is still hanging onto his coattails but one wonders how long that can last as TV news gets the jump on the big stories like the Taser corruption, leaving the paper in the dust.

And how about Taser? No worries, really. When they inked the deal with the city its stock was trading at under $9 a share. Today it's in the $32 area--a nearly 300 percent climb. Still, the company's generosity in entertaining (and hiring) police chiefs has won national notice. Wall Street can be pretty merciless if it notices any cracks in the company's armor with those who buy its products.

GOING NUCLEAR

It may seem nearly nonsensical for the Martinez administration to be putting its muscle behind a private company's proposal to store high level nuclear waste in SE NM in light of the recent radiation leak at WIPP. But nuke boosters in Hobbs and Carlsbad say they want to do what no one else in the USA wants to do and Martinez says bring it on.

NM Dem Senator Udall Tom Udall has been taking a lambasting from ardent enviros who oppose his compromise bill on chemical safety, but they--and much of the rest of the state-- may join the cheer leading squad over his reaction to making the state a high level nuke waste dump:

I don’t think we should be talking about this at all while the state and the Department of Energy are still addressing the serious accident and radiation release at the Waste Isolation Pilot Plant. I have helped secure hundreds of millions in vital funding for WIPP for many years, and my focus now is ensuring WIPP can reopen safely and the workers are protected. 

Sen. Heinrich shares Udall's views. Odds of Hobbs becoming the new Yucca Mountain? About the same as Manny Pacquiao winning a rematch against Floyd Mayweather, Jr.

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Regarding the early talk of Mayor '17, several readers wondered just which ABQ city councilors are looking at getting in that race. The answer is Democrat Ken Sanchez and Republican Dan Lewis.  Neither has formally announced but are headed in that direction.

The name Taser may be sour around here after former APD Schultz was accused by the state auditor of "greasing" a $2 million contract for the manufacturer of the lapel camera maker, but as we pointed out Monday the company is in the sweet spot nationally, with its stock price continuing to roar ahead. Here's the latest on why:

Taser International shares are climbing. . . as the company continues to gain following its earnings release last week and an announcement that the U.S. Department of Justice plans to spend $20 million on body cameras similar to the one the company makes. The Justice Department's announcement of its investment in body cameras came on the same day that Maryland State Attorney Marilyn Mosby announced that her office was filing charges against six officers in connection to the death of Freddie Gibbs. 

 The DOJ said that the investment was just the initial round of funding for its three-year $75 million plan to dispense 50,000 body cameras to police departments around the country.

That DOJ blessing could be be enough to keep Taser around ABQ for a long time, despite its controversial involvement with Schultz. Still, there is this:

A high-ranking retired member of the department (says) they had serious concerns about those (Taser) cameras. They say the gear was "shoved down their throats," even as people questioned their reliability.

GOOD NEWS?

Some beleaguered APD police officers are tired of all the negative publicity about the department and have launched the  #GoodNewsAboutCopsCampaign. You can read up on it by clicking on the image posted here. The email sent out promoting the launch says: "It's high time we show everybody what APD is all about."

Well, they might adjust that to "what a part of APD is all about." After suffering through five years of horror stories Mr. and Mrs. Albuquerque are well aware that their police department is not all about "good news." Not that there isn't room to hear some. . .

LOOK OUT HOBBS

Most of NM has watched enviously as Hobbs in the SE oil patch boomed as they busted. The recession that has been sticky as fly paper in the ABQ metro bypassed Hobbs as oil prices skyrocketed. But the party is finally ending:

The New Mexico Energy, Minerals, and Natural Resources Department is forecasting at least 2,000 jobs will be lost over the coming months due to sharp declines in the price of crude oil.

Hobbs has made strides in diversifying its economy so things won't be as bad as in previous busts, but neither will it be an entirely recession free zone. And speaking of oil prices. . . .

STILL RICH

In 2014 oilman Mack Chase was listed in Forbes as the richest man in New Mexico, worth $900 million. Now in 2015 Forbes says Chase, 84, is still the richest of them all but the oil crash has reduced his wealth to a mere $650 million. We thought something was up when the other day we saw Mack comparing prices at the local Wal-Mart. . .

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McCleskey, Gardner & Kennicott

After enduring withering attacks on his character and credibility from Gov. Martinez's political operatives, the seemingly mild-mannered Alan Webber campaign let out a growl Wednesday that turned the heads of La Politica.

The Dem Guv contender's campaign unloaded both barrels on Jay McCleskey--aka "The "Shadow Governor"--as well as two other close Martinez aides--and  labeled them "a fraternity of misogynistic thugs."

Webber's campaign manager Neri Holguin ripped a page directly from the McCleskey playbook and got personal, listing McCleskey's various indiscretions--legal and otherwise--including an alleged case of domestic violence. Webber's camp also targeted the indiscretions of Martinez Chief of Staff Keith Gardner and Matt Kennicott, the Martinez aide who called former House Speaker Ben Lujan "a fucking retard" in tapes from 2010 that were recently leaked to Mother Jones Magazine.

Webber's email fundraiser was titled: "Meet Susana Martinez’s most inner circle: a group of misogynistic, abusive men with a criminal past." It said of McCleskey:

Alleged battery of his girlfriend’s roommate, Guilty of DWI, Guilty of leaving scene of an accident; Charged with criminal damage to property.

On Keith Gardner, Chief of Staff:

Alleged battery against a young woman; Viciously attacked the President Pro-Tem of the New Mexico Senate; Violated public records law by using private account instead of state email account; Used his position to get high-paying government jobs for his friends and family

On Matt Kennicott: 2010 Deputy Campaign Manager:

Insulted and attacked the late Ben Lujan, revered Speaker of the House; Mocked and trivialized the Commission on the Status of Women

McCleskey has been catapulted into the national spotlight via lengthy pieces in the National Journal,  Mother Jones and Real Clear Politics. The in-depth pieces point out his enormous and highly controversial influence with Martinez and the hard ball tactics he has used against critics in both parties. Even influential Republicans have called on Martinez to get rid of him or rein him in,

The Webber attack was Jay getting a taste of some of the very personal medicine that he has dished out over the years. One news reporter called the charges Webber listed about  McCleskey as "old." That's true, but they are new to the New Mexico public as none of them nor McCleskey's background have received very much media treatment.

The Guv's campaign said Webber's email hit was "unhinged" and that Webber is "an unapologetic extremist who is better-suited to run a hate-filled blog than serve as the state’s chief executive.”

But Democrats have been accused of cowering in fear of McCleskey, not wanting to become his next victim. Dem frustrations have been repeatedly voiced here and elsewhere that their party and their candidates have been doing nothing to deter Martinez and McCleskey. Meantime, the GOP  has built a formidable political machine in a Democratic state.

Webber apparently reached the breaking point when he was hammered for accepting a political donation from Mark Rudd, a longtime ABQ resident and retired CNM teacher who was associated in the 1960's with the radical group the Weather Underground. Rudd long ago apologized for his involvement with the group.

It was McCleskey and company who started the red meat phase of the campaign. Now Webber's camp has thrown some rare cuts back at them. Let's see where it goes. . . .

SUSANA'S HISPANIC PLAY

Governor Martinez hit a big pothole when those leaked audio tapes had Matt Kennicott refer to former House Speaker Ben Lujan as "a fucking retard." Now she is trying to fill in that hole with a new TV ad. In it Las Vegas Mayor Alfonso Ortiz and former Taos Mayor Darren Cordova both endorse the GOP Governor. The mayors are clearly identified as Democrats in the spot. It is aimed past the June primary in which the Guv is unopposed.

The endorsements are shrewd poltics and a blow to state Democrats who must peel away her support in the heavy Hispanic Democratic North.

Martinez has refused to apologize for the retard remark and others that were found offensive. That refusal could still ding her, but the Ortiz and Cordova endorsements send the message:  "Hey, Spanish North, if we aren't bothered by it, why should you be?"

A number of campaign watchers tell us they think the leaked remarks may have hurt Martinez in her polling and this spot is in direct response. Whether it is or not, this is the Guv's second English language TV spot of the cycle and seems the right move at the right time. Again, Martinez  shows that while turning the government over to be run by a political consultant  has been a very bad idea, it's a different story when it comes to her political campaigns.

None of the five Dem Guv candidates have been up with TV ads, but that will soon change. Insiders tell NM Politics with Joe Monahan that Lawrence Rael will go on the air May 1 with a one week TV buy. Rael and Alan Webber have both done small radio buys. Absentee voting for the June 3 primary begins May 6.

CLEMENTS VS. WEH

The GOP US Senate campaign of David Clements began on a high note when he surpassed expectations at the party's preprimary convention where he nabbed 47% of delegate support compared to front-runner Allen Weh's 53%. But it's been an uphill climb from there for the 34 year old Las Cruces attorney. His campaign has been plagued by plagiarism charges and he did not capitalize on his preprimary showing financially. His report has not been posted by the FEC yet, but he tells us he raised about $70,000 in the latest reporting period, compared to Weh's $414,000--including a $140,000 personal loan. Weh had $206,000 in cash on had when the reporting period ended earlier this month. Clements has not said how much cash he has.

Weh's camp says Clements did not file his FEC report on time, but Clements said he has a tracking record that shows he has and that the Senate Clerk was slow in posting his report to the FEC site.

Clements, 34, has positioned himself as the libertarian Republican and fresh face and still hopes to attract national political support. He needs to.

Meanwhile, the Senate race remains Dem Senator Tom Udall's to lose. He reports a big fund-raising haul of $1,010,599 in the first quarter and finished with $3,117,813 cash on hand.

US HOUSE ACTION

Dem US Rep. Michelle Lujan Grisham remains heavily favored to retain her ABQ congressional seat this fall. She reports raising $234,985 in the first quarter with cash on hand of $842,000.

The Republicans vying for the right to take on Grisham--who is unopposed for the Dem nod--are Mike Frese and Richard Priem.

Frese had only $27,000 in cash at the end of the quarter. Priem had $41,000.

Down South, Dem Rocky Lara has been having a go of it, but GOP incumbent US Rep. Steve Pearce has answered, Pearce now has $1.380 million cash on hand compared to Lara's $444,000. Neither have primary opposition.

APD CRISIS

It was a universally scorned news conference by APD Chief Gorden Eden Wednesday. He appeared befuddled and uninformed as he repeatedly declared, "I don't know" when queried about key issues in this week's fatal police shooting of 19 year old Mary Hawkes. Eden was crucified on the evening newscasts, raising questions about the new chief's future. Our Alligators were out in force to assess this shooting and Eden's response. Here's a report:

What can you say about the Eden press conference? “I don’t know” seems to be the right answer.

Chief Eden said “I don’t know” so many times it made me wonder what he does know. Do we really believe he doesn’t know the answers? If he didn’t know then he is admitting to not doing his job as chief. If he knew, he should have truthfully answered the question or said he can’t answer because it is under investigation. To trust your police the citizens must trust their chief. So far Eden has not done much to gain the trust of the community. Is it now too late for him?

And what about the Command Staff in the room? Didn’t any of them know the answers to some questions? If not, why not? The command staff was suspiciously quiet during the news conference. Are they letting Eden sink, or are they all quiet for a reason? The community isn’t trusting the cops at the top and therefore are not trusting the department as a whole.

 Eden couldn’t name the maker of the lapel cameras but we all know former APD Chief Ray Schultz knows, because he went to work for Taser immediately after he retired from the city. Most lapel camera video sucks. The Boyd shooting was good video, but it was helmet mounted, not lapel. The entire Taser contract should be investigated for pay-to-play. Ray signs the $1,950,000 for Taser lapel camera and then retires and goes to work for Taser. Doesn’t anyone in the check and balance system find this suspicious? Shouldn’t the DOJ look into this? Federal grant money may have been used. And what about the City Council and the NM AG? Shouldn’t they investigate for violation of City Ordinance (Conflict of Interest)? Hell, District Attorney Kari Brandenburg could even repair her credibility by investigating.

It seems the only people that the DOJ and others want to target are the officer in the street. Their silence on Tasergate speaks volumes that the guys at the top are not going to be held accountable, but the guy at the bottom will be slammed. Equal justice for all? Not for Albuquerque Police.

 PAY TO PLAY?

A potentially devastating report for Schultz and the Berry administration came from KRQE-TV news on Taser and possible pay to play. We say potentially because as the Alligator above wonders who will investigate and bring charges if necessary. The report:

Former APD Chief Ray Schultz helped make Albuquerque one of Taser’s biggest clients before he retired. Now he’s on Taser’s payroll.

“I actually started after I retired so I started talking in October,” Schultz told KRQE News 13 in a February interview. “After I retired, they asked if I’d be willing to come and share some of our experiences so I agreed to do that.”

Emails obtained by News 13 show his speaking gig, and a multi-million dollar city contract with Taser International signed in September, were in the works long before that. A timeline of the events leading to Schultz’s retirement as Chief of APD shows a correlation with the events leading to the city signing off on a nearly $2 million, 5-year contract for Taser Axon Flex cameras, online storage and accessories.

And what about the newspaper's investigative reporters. Will they finally join the hunt?

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Carlos Sandoval-Smith (Journal)

The brazen in your face corruption revealed in audio recordings made last June by a DWI suspect interacting with an APD officer and a paralegal has sent the city back on its heels yet again and wondering if the decades-long rot at the department will finally be extracted.

The DWI scandal, on simmer for a while, exploded with renewed force when Carlos Sandoval-Smith, arrested for DWI, released audio recordings that detailed one method APD DWI officers allegedly employed to extort money from desperate defendants.

Leon Howard, Deputy Director of ACLU NM, summed up the city's reaction:

It’s shocking and quite frankly disgusting.

The taped revelations came in the midst of the bizarre news of an auto accident involving APD Chief Harold Medina who spun like a high-speed top to explain how and why he ran a red light, slammed into a mustang seriously injuring the driver all the while surveying a homeless camp in the SE Heights from an APD vehicle in which his wife was riding shotgun.

The outlandishness of the accident was appropriate to the moment, reflecting the chaos and a confounded public that has watched for over a month as command and control of the city's police force seemed to slip away like a handful of sand.

AN OUTRAGEOUS BETRAYAL

The Sandoval-Smith recordings reveal an outrageous betrayal of the public trust and stain every law-abiding law officer in the city. His contact with APS went like this:

Officer Joshua Montano stops Sandoval-Smith on suspicion of drunk driving, conducts tests, takes his Apple Watch and bracelet and has him booked. Days later the arresting officer calls Smith to tell him his jewelry was misplaced but he can get the items back from an attorney friend of Montaño's. Smith goes to the law offices of Tom Clear where he encounters paralegal Rick Mendez who tells him (on tape) that the guaranteed way to avoid a DWI conviction is to hire Clear for $8,500. He can even make payments if he likes. 

The deal as we now know is that Montaño will not show up in court and the case will be dismissed. Sandoval-Smith did not take the offer, hired a public defender and the case was dismissed but not before he notified the Feds of the scheme.

This scenario or similar ones have apparently played out for years, right under the noses of APD and city leadership. Now the question is will the wheels of justice crush the corruption of today and inhibit it from occurring tomorrow. 

WHAT'S NEXT?

We called on one of of our Legal Beagles of long experience for details and analysis on how the FBI's ongoing investigation into the DWI scheme may unfold from here:

Joe, It appears the status of the corruption case is that the Feds are still gathering evidence. My experience is that the Feds are much more cautious than NM in preferring charges. They have a very high conviction rate and don’t want to see it go under the national average of 90-95%. Also, they are looking to expand the circle of defendants. 

One of the reasons for this is the more defendants, the more likely it is defendants will roll to save their own necks. I know they would be extremely interested in finding not only more law enforcement (and expanded to more agencies) but in an ideal world more lawyers who engaged in this corruption.

We can expect an indictment in the very near future, but of whom is not certain. Indicting attorney Tom Clear, alone, would not accomplish the goal of cleaning house at APD, but indicting him along with a couple of other unindicted co-conspirators and, more importantly, others as yet unknown would cause a great shudder and could have the effect of creating a rush to make deals with the US Attorney.

This is a non-stop topic of discussion in the local legal community. There is, of course, a certain amount of schadenfreude in the hearts of defense lawyers who do not stoop to the illegal methods used to gain DWI acquittals. 

Good stuff and the kind you get only here. Thanks Beagle.

THE GREAT HOPE

The hope in the Duke City is that this will be the scandal to end all APD scandals. Readers can be forgiven if they approach that hope with a healthy dose of skepticism as seen in this email to your blog:  

Corruption starts as a tiny weed. If ignored it takes over your garden. Welcome to APD. Since the evidence room scandal under Mayor Martin Chavez, police chiefs, mayors, district attorneys and the attorney general have just ignored corruption. 

The Taser pay to play scandal under APD Chief Ray Schultz? The DA and AG did nothing. Mayor Berry allowed Schultz to retire and the corruption was ignored. 

--Seven government audits confirming the potential for corruption with APD's payroll were met with silence from chiefs, mayors, the DA and AG. 

--An APD public information officer (Simon Drobik) was investigated and found to be taking a taxpayer check during the same work hours he was working overtime for another entity. This caused the state auditor to refer it to the attorney general. What happened? Nothing. 

All of the chiefs, mayors, district attorneys and attorney generals are all complicit because they allowed the weed of corruption to grow.  If these new allegations involving DWI arrests are true all of them again helped to cause it by not weeding the garden.

And don't forget the asleep at the wheel city councilors over the years. Still, hope springs when it comes to cleaning up the corruption--if not eternally--at least once in a while.

ANTISEMITIC DOG WHISTLE? 

Zuckerberg

Several readers detected a note of antisemitism in a quote we had on the Thursday blog from a columnist writing in the Rio Grande Sun. The comments strike a chord. Here's Michel Hays, a commentator who sent this to us and his email list: 

In his February 22, 2024, issue of New Mexico Politics with Joe Monahan, Mr. Monahan included an extensive passage about Progressive influence on legislation in this year’s legislative session. It reads: 

Conservative columnist Tom Wright, writing in the Rio Grande Sun, ponders the power of progressive Democrats: 

New Mexico has a Democrat majority, but most Democrats here are not progressives. One must ask, why was there so much progressive legislation being considered in this session? Progressive politicians get elected here because big money, from outside the state, funds their campaigns. Super-PACs funded by the likes of George Soros, Mark Zuckerberg, Michael Bloomberg and other elites with power agendas, make sure their handpicked and groomed candidates get elected and support their outside agenda. . . A truly local politician, funded only by locals stands little chance of being elected in a super-PAC funded race. 

Hays responds: 

What I noticed is “the likes of.” The phrase calls attention to “George Soros, Mark Zuckerberg, Michael Bloomberg” as Jews. They make up an elite differentiated from “other elites” (emphasis added) and are associated with “power agendas” [understood to be hidden]. Thus, Mr. Wright insinuates the old antisemitic canard about Jews with their wealth controlling governments. Mr. Monahan gives credibility to this canard by including it in his blog on New Mexico politics. It is unfortunate if the likes of these columnists believe it and repeat it to others. I prefer to think of it as evidence of antisemitism latent in New Mexicans, most of whom are unaware of it in themselves and unaware of it even when it emerges and reveals itself, as in these instances. 

Reader John Campbell writes: 

Would you ask Tom Wright if he can think of any "elites with power agendas" who use massive wealth to pull strings from the shadows but aren't of Jewish descent? I found it a little weird to see that kind of view featured uncritically on your blog, but maybe that was my mistake. 

Insightful comments and the points are well-taken in this corner. 

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E-mail your news and comments. (newsguy@yahoo.com

Mayor Berry & Chief Eden

What if you're an ABQ cop and want to be a whistleblower for the Department of Justice? It's not likely. ABQ police Chief Gorden Eden this week issued what was widely perceived as a "gag order" that prohibited any officer from speaking with Justice without first getting his approval. When that backfired he backtracked and said he did not need to authorize officer meetings with Justice but only be notified of them so he or his representative could attend.

How do you blow the whistle to Justice investigators when the guy sitting next to you can blow up your life? Well, you don't. And that's the cultural problem that has brought APD and the city so low.

COMMUNICATION PROBLEM

It is ironic that Eden is still struggling mightily with his ability to communicate given that he just hired a $95,000 a year communications officer. But in all actions we've seen from APD since Justice reported that the department uses excessive force and violates the civil rights of citizens, it is covering up--not communicating--that seems to be the guiding principle. . . .

Eden made his remarks about his gag order before the city's Economic Forum where top business leaders regularly listen to speakers and ask questions. But they don't always get answers. In light of the over two dozen fatal police shootings since 2010 and the millions in lawsuits they are costing the city, one of the Forum members asked Eden to explain APD's use of force policy. Eden replied that it was too complicated to explain. That had retired APD Seargent Dan Klein grabbing for his keyboard:

He tells the business owner who asks about use of force that it would take hours to explain--really? I could explain it very easy. The Academy has the Use of Force chart that shows what force is allowed based upon what circumstance. Eden was in charge of DPS, he should know this. Well, he should know this.

This is just a continuation of spin and bunker tactics that the community is tired of. We are tired of Berry telling us his 8 day disappearance after the Boyd shooting was “off limits.” We are tired of Janet Blair spinning the police memorial. We are tired of hearing about how great the Cincinnati Boys are, but don’t ask questions about their ties to Taser or just what they have done that makes them qualified or who referred them. Tired of the spin.

Well, Dan, folks are more than tired of the spin. As our old friend and outgoing State Treasurer James B. Lewis memorably said during one campaign. "I'm sick and tired of being sick and tired of being sick and tired!"

THAT $6 MILLION

By the way, don't get too excited that the $6 million the city has been ordered to pay the family of 27 year old Christoper Torres because he was wrongfully killed by APD is capped by state law at $$400,000. A federal civil rights trial in the Torres case continues and seeing how the judge in the state case ruled, that federal trial could result in even more than the $6 million the state court ordered.

The Torres' lawyer is Randi McGinn. Maybe Mayor Berry should ask her to be city attorney. She seems to know how to handle his administration. . .

REALLY LOUSY 

It's just a really lousy week for APD and Eden when it comes to trying to restore confidence in the department. Look at this:

APD officials released all of the video in the officer-involved shooting of James Boyd Wednesday. However, they say nothing could be recovered from one officer who fired. APD said no audio or video recordings of the incident could be recovered from Officer Keith Sandy’s equipment.

And why not? That's the eight figure question. Eight figures meaning the amount of money the city is going to probably have to shell out for the lawsuits over the killing of the homeless Boyd.

GETTING QUEASY

Because of the way APD and administration have proceeded since Justice came to town, there's reason for getting queasy about a June 21 march to protest the many fatal police shootings. The march will start at Roosevelt Park and then proceed to Central Ave.

If you're a real old timer you'll recall Roosevelt Park was also the starting point for the June 1971 ABQ riots. One of the complaints back then was the same as today--police brutality. The protesters turned rioters looted shops along Central Ave. It got so rowdy the National Guard was called out to patrol the streets and the story was featured in the national media.

The June 21 demonsttrationion is being billed as "nonviolent" but there is so much discontent and desperation for change, everyone is going to be on pins and needles. If he isn't already, Chief Eden ought to be thinking about what officers he's going to assign to that march. The ones with patience get to the top of the list.

This is the home of New Mexico politics.

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

Interested in reaching New Mexico's most informed audience? Advertise here.      

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