Bail Reform Public Service

THE SPOTLIGHT SHINES ON
PLUTO
Historic mission has link to New Mexico

Copyright 2015 Albuquerque Journal
BY OLLIE REED JR.
JOURNAL STAFF WRITER
As scientists waited anxiously

Tuesday for confirmation that
NASAs New Horizons spacecraft
got the closest look yet at Pluto, a
colleague of the late Clyde Tombaugh, the man who discovered
the dwarf planet, said no one
would have been more pumped
by the prospect than Tombaugh
himself.
He would be very excited
about that, said Herb Beebe,
professor emeritus of astronomy
at New Mexico State University.
He would have been delighted.
He would be right on top of that.
He would be following it as closely as possible.
Tombaugh taught astronomy at
NMSU from 1955 until his retire-
THE ASSOCIATED PRESS
Astronomer Clyde
Tombaugh in 1931 at the
Lowell Observatory in
Flagstaff.
See SPOTLIGHT >> A2
NEW MEXICOS LEADING NEWS SOURCE
ALBUQUERQUE
ABQJOURNAL.COM
$1.00
Copyright 2015, Journal Publishing Co.
JOURNAL
WEDNESDAY
JULY 15, 2015
FINAL
ESTABLISHED
1880
IRAN NUKE PACT
NM Dems
support
framework
of accord
SUSPECT ARRESTED IN
MOTORCYCLE SHOOTING
Violation alerts wearer and supervisor,

but does not trigger immediate arrest
Sandia, LANL may

play important role

BY MAGGIE SHEPARD
BY MICHAEL COLEMAN
JOURNAL WASHINGTON BUREAU
WA SH I NGT ON New
Mexicos congressional Democrats backed the framework
of a landmark deal designed
to thwart Irans nuclear ambitions Tuesday, but the states
Republican congressman and
Israels envoy to the southwestern United States warned
that the pact will bolster terrorism and potentially lead
to a nuclear arms race in the
Middle East.
The delegations view of the
deal announced by President
Barack Obamas administration in Geneva on Tuesday
mirrored those of Congress
and much of the nation, with
liberals optimistic that it
will keep nuclear weapons
out of Irans hands and conservatives concerned that it
amounts to a capitulation to an
untrustworthy regime bent on
destroying Israel.
It puts the White House on
course for a contentious fight
with a wary Republican-controlled Congress and more
rocky relations with Israel,
whose le aders f u r iou sly
opposed the agreement.
Scientists at Sandia and Los
Alamos national laboratories
in New Mexico, who have
trained international weapons
inspectors and remain central
to U.S. nonproliferation efforts,
See NM DELEGATION >> A2
LEGALS
CLASSIFIEDS
C4
LOTTERY
A2
COMICS
D6
MOVIES
C4
OBITUARIES
C2
CROSSWORD B5, C4
B5
C6
EDITORIALS
A6
STOCKS
B2
FOOD
B4
TV
A5
HOROSCOPE
B5
WEATHER
A5
WEATHERLINE
821-1111
say
y he drunkenly
y rammed a
borrowed work truck into an
SUV full of children, killing
two p
people.
p
So why
y if he was wearing
g
the monitor with a GPS tracker would
authorities not
have p
picked
him up
p after
he didnt meet
curfew p
prior
to the crash?
V iol at ion s
like Trujillos
j
generally
g
yp
produce only
y an TRUJILLO:
ad m i n i s t r a - Put on ankle
tive alert in monitor after
t he s y s t em four requests
that monitors
defendants on ankle monitors.
System
y
administrators can take
evidence of the violation to a
judge to get a warrant, but the
violation doesnt automatically
See ANKLE >> A4
Between a fence and a hard place
T
GREG SORBER/JOURNAL
A SWAT officer takes Michael Kaumans, 32, into custody after a SWAT standoff at
a Southeast Albuquerque motel Tuesday. Kaumans is suspected of killing Vincent
McAneney on Saturday.
Owner of bike accused of chasing down, killing thief

JOURNAL STAFF WRITERS
B5
DEAR ABBY
Four months ago,

g Steven
V. Trujillo
j
wanted to g
get out
of jjail, so he signed
g
a p
piece
of p
paper
p
telling
g a jjudge
g he
wouldnt drink. He wouldnt
stay
y out after 8 p
p.m. or g
go anyy
where near his childs mother,
whom he is accused of raping
and beating.
g
His three p
previous requests
q
to g
go free had been denied due
to his violent criminal p
past,
so he spent
p
16 months in jail
awaiting
g trial.
This time his request
q
was
granted. In exchange
g
g for his
promises and a p
p
portion of an
$80,000 bond, he was released
to an ankle monitor that would
use GPS to track his whereabouts until his trial.
He was wearing
g the monitor jjust after midnight
g Sunday when sheriffs deputies
BY NICOLE PEREZ
AND ROBERT BROWMAN
INSIDE
BRIDGE
Ankle monitor
didnt prevent
p
tragic crash
When Michael Kaumans

saw a man riding his stolen
motorcycle early Saturday,
police say, he took matters
into his own hands.
He chased the man on Central Avenue and opened fire
from his truck.
Vincent McAneney, 30, who
was on the motorcycle, died of
gunshot wounds near the Presbyterian Hospital parking lot.
Kaumans and a woman
police said was in the truck
during the shooting were
arrested Tuesday, after a
standoff at a Southeast Albuquerque motel.

Of f icer Tanner Tixier
said SWAT officers arrested
Kaumans, 32, and Mariah
Kent Hothan, 30, at the Super
8 motel, 2231 Yale SE.
Both Kaumans and Hothan
were booked on warrants
from previous incidents, Tixier said.
Charges stemming from
the homicide will be filed at
a later date, he said.
Tixier said McAneney had
stolen a motorcycle from
Kaumans. Early Saturday,
when Kaumans was driving
See 2 HELD >> A4
SOURCE: MDC
Vincent
McAneney, 30,
was shot and
killed Saturday as
he rode a motorcycle on Central
Avenue.
hey say good fences

make good neighbors,
but Alan Sonntag
doesnt believe it.
And who can blame him?
Since he built his cityapproved, 6-foot-tall, cedarplank fence around a portion
of his backyard, the ensuing
hassle and heartache have
made him think about
moving from this Northeast
Albuquerque neighborhood
that had once been his dream
location.
I want to be a good
neighbor, but Im at a loss at
this point, he said with a
sigh. I thought I had done
everything by the book.
Joline
Gutierrez
Krueger
UpFront
Which is to say that before
he hammered the first nail
or dug the first posthole,
he obtained a permit from
the Albuquerque Zoning
Enforcement Division. The
permit, dated March 14, 2014,
approved his plans for a
NEW DIGS
DOWNTOWN
Molina Healthcare relocates
to space near Civic Plaza B1
See BETWEEN >> A3
A4
ALBUQUERQUE JOURNAL
ll
2 held in motorcyclists slaying
Ankle monitor didnt prevent tragic crash

From PAGE A1
From PAGE A1
with Hothan in a green truck, the pair saw

McAneney on the motorcycle.
At some point after realizing the motorcycle
was his stolen motorcycle, Kaumans, who was
driving the truck, chased McAneney and shot
at him, Tixier said.
McAneney rode to Presbyterian Hospital and
fell near the parking lot, Tixier said. He got up
and ran a short distance before collapsing.
Kaumans then took the motorcycle and left.
Hothan fled in the truck, Tixier said.
McAneney was taken to the hospital, where
he died, police said.
Police have not said how their investigation
led them to Kaumans and Hothan, but they
found them at the motel Tuesday morning.
McAneneys wife, Nicole McAneney, said she
was on her way to pick up her husbands body
from investigators when she heard they had
found the stolen bike parked at the motel and
went to see what was going on.
She yelled obscenities at Kaumans as he was
taken into custody.
Now I have to bury my husband. His family didnt even get to say goodbye, she told the
Journal near the SWAT scene Tuesday.
McAneneys brother, Michael Trujillo, said
McAneney showed him the motorcycle on Friday and told him it was stolen. But Trujillo said
his brother didnt deserve to die.
If my bike got stolen I might have beaten someone up, but I wouldnt kill them, Trujillo said.
Kaumans is a felon who has been found guilty
of receiving/transferring stolen motor vehicles,
aggravated fleeing of a law enforcement officer,
aggravated assault with a deadly weapon and
criminal damage to property. A warrant for his
GREG SORBER/JOURNAL
A SWAT officer takes Mariah Kent Hothan, 30,

into custody after the standoff. Hothan is suspected in the slaying of Vincent McAneney,
police say.
arrest was issued in April for failing to appear
in court in the receiving/transferring stolen
motor vehicles case.
A warrant for Hothans arrest was issued in
an April 2014 larceny case in which she was
accused of stealing shoes from Big 5 Sporting
Goods. She was approved to be released from
jail on May 7 and escaped from a community
custody program a few days later, according to
online court records.
Tixier didnt say whether Kaumans or
Hothan was armed when they were arrested.
McAneney was also a felon.
trigger
gg
law enforcement to
arrest the violator, said Albuquerque
q
q
Police Department
p
spokesman Tanner Tixier.
Second Distr ict Cour t
spokesman
p
Tim Korte could
not comment on what action
was taken in Trujillos
j
case
because he said the details
fall under state rules that
prohibit jjudges
p
g
and court
officials from commenting
on individual cases.
But, Any
y action that would
be a violation of the conditions
of release is reported
p
instantly
y
to the supervisory
p
officer,
Korte said.
Korte said the monitoring
g
program
p
g
sends an alert to the
wearer and an email alert to
a supervisor
p
when a violation
is noted.
The court then sends a message
g to the wearer to appear
before a jjudge.
g
The p
pretrial services officers can immediately
y send a
signal
g
to the defendants ankle
monitor with further instructions, such as directions to
leave the restricted area
immediately,
y Korte said.
Bernalillo County
y Sheriffs
Capt.
p Justin Dunlap
p said depp
uties saw the monitor on Trujjillos ankle after the wreck,
which is how they found out
ABQ Journal
Job Board
RISK MANAGEMENT
ANALYST
KINGSTON
Director of Nursing
Due to Rapid Growth of Our Community Kingston Residence of

Santa Fe is seeking a Director of
Nursing. Responsible for providing
leadership of the Nursing Department, by setting and maintaining
and improving resident care, by
providing guidance and management of staff. Requires a active
New Mecico nursing license.
Assist. Living
Nurse Manager
Responsible for assisting Director

of Nursing. Previous experience in
assisted living preffered. Must
have outstanding management,
customer service and supervisory
skills. Requires a active New Mexico nursing license.
Charge Nurses
LPN/RN
FT/PT. Responsible
ing and coordinating
Minimal supervision
ers. Great working
and Benefits
for supervisnursing care.

and remindenvironment
Tremendous Earning
Potential!
Business is booming and Perfection Honda has immediate

openings for qualified, FT sales
professionals. We are looking
for enthusiastic and career minded individuals to join our
award- winning sales team.
Prior exp. a plus but not required. Training and competitive wages and benefits provided.
Interested
applicants
please submit an online application @ perfectionhonda.com
(careers under "about us" tab)
or come by in person to 2603
American Rd SE Rio Rancho,
87124. Please ask for Monica
or Ryon B. EOE
DIGITAL ARTS &

TECHNOLOGY ACADEMY
2015-2016 Faculty Position
Appy online
www.kingstonhealthcare.com
or at 2400 Legacy Court
Santa Fe, NM 87507
505-471-2400
Purchasing Agent
Performs various purchasing assignments. Require 5 years of experience working with electronic
component vendors. Compiles information to draw up purchase orders for procurement of electronic
components and raw or semifinished materials for manufacturing. E-mail resumes to
mipalucki@
team-technologies.com
TEAM Technologies is an EOE.
Support Staff
Support Staff needed for mens
group home in NE ABQ. $9/hr +
benefits (health, PTO, 401K).
Full time: M-Th 6a-9:30a and
2p-8:30p. Must have HS diploma or GED; valid drivers license and insurable under company policy, able to pass DOH
Caregiver Screening. Paid training. Apply: Su Vida Services,
8501 Candelaria, Bldg. A, ABQ
German speaking female needed

to be a companion to 90 y/o women in Nursing home. 2 hours daily,
For more info call 505-239-4541
Non-profit local governmental association seeking risk management analyst to perform detailed
analysis & trending of insurance
claim data, loss ratios, cost allocations, underwriting; provide administrative, technical & operational
support. BA & min 2 years work
experience desired. Excellent benefits package & working environment. Email resume & 3 references by July 20, 2015 to
cstephenson@nmcounties.org.
Assistant Principal
CUSTOMER SERVICE
CLERICAL SUPPORT
Microsoft Word and Excel a must.
6 months Experience. Email
sprayestimator@bacastrees.com
APARTMENT LEASING AGENT

PT for Westside community. Must
work weekends. Approx. 25 hours
per week. Experience preferred.
Apply at 4816 McMahon NW
Applicants must have a valid NM

Administrative License. Previous
administrative experience preferred. Salary dependent on education & experience. Submit a letter
of interest, resume, professional
references (3 names with email
addresses & phone numbers) & a
copy of your NM Admin license to
Contact below.
Soccer or Flag
Football Coach
Applicants should have previous

experience coaching their respective sport. Background check &
coaching license can be obtained
once hired. Teams are co-ed &
practice times/games will be arranged by the coach. Stipend
payable at the end of the season.
Submit a letter of interest, resume
& professional references (3
names with email addresses &
phone numbers) to contact below.
DIRECT CARE STAFF
SIGN ON BONUS AVAILABLE!!!

We are looking for compassionate
caregivers to assist highly behavioral adults with developmental
disabilities in the Albuquerque, Los
Lunas area. The New Beginnings
is an Equal Opportunity Employer.
Interested applicants please fax /
email
your
application
to
jdevizio@tnbabq.com / fax 505797-2910 or apply in person at
8908 Washington St. NE. Albuquerque, NM 87113. Applications
can be found our website
www.tnbabq.com
ASSISTANT DIRECTOR/
FINANCE DIRECTOR
Established non-profit is seeking
an Assistant Director/Finance Director to oversee and/or perform
comprehensive accounting functions. Bachelors Degree in finance, accounting or business
preferred. Minimum of 2 years
experience administering and
managing programs for elderly
and disabled persons including supervising accounting staff. Must
have minimum of 5 years financial
management including working
knowledge of OMB Cir. A-122
Cost Principles for Non-Profits. In
lieu of degree, at least 5 years experience in financial management
in the non-profit sector including
management and reporting for
government contracts. Must have
the ability to analyze financial data
and prepare reports, statements
and projections as directed and
provide support for financial and
compliance audits; ability to manage and implement financial and
accounting policies, procedures
and controls.
Experience with
Sage 50 Accounting desirable.
Strong computer, communication
and writing skills. Criminal and education checks will be conducted
for employment. Send resume
with salary requirements to: Finance Director, PO Box 35101,
Alb, NM 87176
Contact for Applications:

Kris Quisenberry
1011 Lamberton Place NE
Albuquerque, NM 87107
or
kris.quisenberry@datacharter.org
CDL Class A
Transport Driver
Insulation Installer
Insulation contractors dont install

insulation we increase the energy
efficiency of a home! Join our
team to make a difference in our
homes & business. Apply in person at 424 Kinley Ave NE. Background checks, valid drivers license & clean driving record reqd.
Mission Rock Residential

is hiring
i
SERVICE TECHNICIAN
at The Pearl at Spring Creek in
Albuquerque FT with benefits,
opportunity for advancement Apply
at: www.missionrock
residential.com/careers or
careers@missionrockres.com
LINE COOK/COOK experienced

Great starting pay, DOE. Close
early on weekends. Copper Canyon Cafe, 5455 Gibson SE. 505266-6318
WEDNESDAY, JULY 15, 2015
Albuquerque Asphalt, Inc. is

accepting applications for a
CDL Class A, Transport Driver. Required minimum 2 years
experience hauling heavy
equipment. Must have clean
driving record and be able to
pass pre-employment drug
screening. Offering competitive wages, health benefits incl
dental and vision, 401K, and
paid vacation.
Please apply in person or mail
resume to: 202 94th St SW
By faxing resume to:
505-831-0811
Or by emailing resume to:
josette@alb-asphalt.com
AAI is an EEOC Employer
he was on a monitor p
program.
g
The crash was one of the
worst deputies
p
have ever
seen, Dunlap
p said.
The crash killed Mary
y Soto,
30, and a 14-year-old
y
boy,
y and
sent a woman and six children to the hospital
p
with
serious injuries.
j
The SUV
passengers
p
g
were not wearing
g seat belts. The Bernalillo
County
y Sheriffs Office would
not release the boys
y name,
citing
g respect
p
for his family.
y
Only
y one of the seven
injured,
j
an 11-year-old,
y
has
been released from the hospital, Dunlap
p
p said. The others
have stabilized, he said.
Meanwhile, Trujillo
j
is back
in jjail again,
g
this time with a
no-bond hold on both p
pending
g
cases and on his new charges:
g
two homicide by
y vehicle DWI
charges
g and seven g
great bodily
y
harm by
y vehicle DWI charges.
g
He has two p
pending
g cases
involving
g his ex-partner
p
and
their y
young
g child: the 2014
rape
p and beating
g case and a
2012 case in which he is also
alleged
g
to have seriously
y
beaten his ex-partner.
p
He also
has three other domestic violence cases, including
g chargg
es he terrorized, harassed
and beat her.
According
g to records, those
assaults have included beating
g
her with a brick, trying to pull
CPA - IN HOUSE OR FULL

CHARGE BOOKKEEPER
Looking for an in-house CPA or
full charge bookkeeper with comparable experience. Regional
business in Gallup, New Mexico
with multiple entities is looking for
a full-time, self-motivated candidate with at least 5 years of accounting experience. The ideal
candidate will have a strong work
ethic, a high integrity level, ability
to work with minimal supervision,
and experience with QuickBooks.
Salary is negotiable depending
upon experience. Submit resume
to dlstocking@dlstockingcpa.com.
HVAC Technician
with 3 to 5+ years experience

wanted for a plumbing, heating,
and A/C repair and service company. Clean driving record and
background check required.
Customer service skills a plus.
Medical and dental benefits. Pay
depends upon experience level.
Apply to marathonmechanical
@comcast.net Mike 366-1785
THERAPIST needed asap in Moriarty. Provides counseling services

and coordination of care for consumers. Great Pay and Benefits!!
410K, medical, dental, vision,
training budget, paid holidays, and
vacation pay. Company paid life
insurance and disability. Send Resumes to: tanyaL@vdsnm.com
Line Tech &

Lube Techs
Perfection Honda in Rio

Rancho has immediate openings for experienced Honda
Line Techs as well as Lube
Techs. We would prefer Line
Techs to have Honda
experience, Lube techs any
experience. We offer competitive benefits and pay. Interested applicants please submit an
online application @
perfectionhonda.com
(careers under "about us" tab)
Please Greg @ 314-5825 EOE
FACULTY/STAFF
Locally based company is expanding & adding 6 new positions.

Excellent career opportunities for
those able to start immediately.
$900 base pay upon company
agreement by-weekly. Students
welcome to apply. Call
505-831-5029 or text 433-8434.
Monday for an immediate interview no exp needed
Regional Transit
Planner
North Central Regional Transit

District
$40,980
($19.70/hr.)
$61,471($29.55/hr.) Responsible for planning, development,
and administration of transit and
programs, planning studies, marketing research, federal government transit programs, and serving as a liaison with the business
communities,
citizen
groups and local governments.
Bachelors Degree from an accredited college or university
and one (1) to three (3) years of
verifiable experience required.
First review of applicants will
take place on July 20, 2015. An
application and detailed job description can be found at
www.ncrtd.org. The NCRTD is
an equal opportunity employer.
Security Officer FT
Looking for SO in ABQ with current NM Guard License and either

a DOE "Q or DOD TS clearance.
But be able to work flexible hours
to include weekends and holidays.
Will be required to pass new hire
and random drug screen and
background check. Must be 18
yrs. or older with HS diploma or
equivalent. Only those with current
DOE or DOD clearance need to
apply.
Send resume to
smeier@santafeps.com, or mail to
P. O. Box 28275, Santa Fe, NM
87592.
Contact
number
505.244.8778 x102.
PART TIME OPENINGS

SAFE House Domestic Violence
shelter has immediate openings
for part time staff as follows: Thrift
Store M-F 10:30-2:30 and CookSat, Sun 7am-2pm & Mondays
8am-2pm. Require 1 year relevant
experience. For details please see
our
web
site
at
www.safehousenm.org. Apply to
hr@safehousenm.org. EOE.
MAINTAINENCE HELPER FT/PT

make ready position needed for a
westside apt. community. Apply at
4816 McMahon NW.
her out of windows hed broken

with his fists and threatening
to kill her and loved ones.
Trujillo
j
was sent to jjail in
February
y 2014 after a g
grand
jjury
y indicted him on the rape
and battery
y charges.
g
He asked the court at least
three times to be released
from jjail onto the ankle
monitor, but because of his
extensive criminal history,
y a
long
gp
pattern of not showing
g
up
p to court to face charges,
g
and the brutality
y with which
police say
p
y he raped
p and beat
his ex-partner,
p
he was denied
release to the ankle-monitor
program,
p
g
according to court
documents.
But he kept
p trying,
y g once
even telling
g the jjudge
g that he
needed to g
get out of jjail to take
care of his mother after she
had surgery.
g y
He succeeded in his request.
q
Second District Judge
g Jacqueline Flores authorized the
q
release.
Judges
g cannot comment on
cases, but a spokeswoman
p
for
the District Attorneys
y Office
said p
prosecutors opposed
pp
Trujillos
j
release each time
he asked for it.
The victim was in court for
this hearing
g and opposed
pp
any
y
release, spokeswoman
p
Kayla
y
Anderson said of Trujillos
j
attempts to get out of jail.
Excellent
opportunity
for
Educators/Staff. Do you want to
be a part of an exciting change in
education; then join the team at
ToHajiilee Community School.
Our schools pay is higher than
most surrounding school districts.
Our educators and staff are included in all educational reform efforts.
We work as a team to support the
academic increases for students at
our schools.
Positions for SY 2015 - 2016:
Elementary Teacher
Middle School Teacher (Math,
Science English, Social Studies)
HS Math Teacher
HS English Teacher
HS Science Teacher
HS Social Studies Teacher
Family & Consumer Science
Teacher
Family & Child Education
(FACE) Teacher
Special Education (K-12)
Special Education One-on-One
Assistant
Special Education Educational
Assistant
(2) School Bus Driver (CDL-Air
Brake Certified)
School Counselor
Social Worker
Accountant Accounting/Property
Technician
Chief Administrative Officer
Dean of Data & Accountability
For application information, please
contact Human Resources at 505908-2145/2174 Ext. 23, Fax 505908-2152, or visit our website at;
www.tohajiileeschool.com A background investigation is reqd.
TCSBE
is
an
Equal
Opportunity/Navajo
Preference
Employer.
Psychiatric
Registered Nurses
Desert Hills is a provider of behavioral health services ranging
from Sub-Acute Residential Treatment to Community Based Programs for youth 5-18 and offers outstanding benefits and competitive salaries for Full and Part time positions. All employees must
complete a two week orientation training, an extensive background check and drug screening.
Please send letter of interest and resume to
Anne.Salmon-Jasper@yfcs.com ,
apply at 5310 Sequoia NW 87120. Or visit us at
www.deserthills-nm.com/
Onyx Supportive Living
Direct Support Staff. PT-FT, Avail.

Competitive wages with benefits.
211 Montano NW Albuq, NM
87107. 505-341-9020
Administrative Assistant
DIRT CREW
Albuquerque Asphalt, Inc. is

accepting applications. 2 years
experience. Must be able to
pass pre-employment drug
screening.
Offering competitive wages,
health benefits incl dental and
vision, 401K, and paid vacation.
Please apply in person or mail
resume to: 202 94th St SW
By faxing resume to: 505-8310811 Or by emailing resume
to: josette@alb-asphalt.com
AAI is an EEOC Employer
House Lead
To manage residential home for

adults w/ developmental disabilities: $100 sign on bonus at 90
days. FT, competitive pay, full paid
health ins. at 3 mths. Must have
exp. in DD field and half the DOH
required trainings. All positions require a valid NMDL, reliable vehicle, current ins., HS Diploma/GED,
passing a drug test/bkgrd ck. & be
25+. Apply in person Tues.-Fri. 9a5p: Providence, 2225 4th St. NW
Phone: 898-9435
Seeking an experienced Full Time

Administrative Assistant for its affordable housing Asset Management Department based in Albuquerque. Must be proficient in MS
- WORD, Excel, Windows, Power
Point, and Email. Must have good
organizational,
communications
and writing skills. YES Housing
offers competitive wages. A drug
test and MS proficiency test will be
required. Job opening closes July
31, 2015. Fax resume to Claudette
Archuleta (505) 254-1988 or email
to: carchuleta@yeshousing.org
CAREGIVERS
ALBUQUERQUE & RIO RANCHO
Adult Day Services organization
with locations in Albuquerque and
Rio Rancho now hiring part-time
and full-time caregivers. Daytime
work; no evenings or weekends.
Must be 21 years old with a clean
driving record, HS diploma/GED,
30 lb weight lifting required, DD
Waiver experience preferred but
will train. EOE, drug-free workplace. Mail resume to PO Box
35101, Albuquerque, 87176-5101
or fax to 298-1900. Please specify Albuquerque or Rio Rancho.
Fo r Mo re Inf orm ati on

Ab ou t Po sti ng Yo ur Jo b
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ESTABLISHED
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AN INDEPENDENT NEWSPAPER
Published at Journal Center, 7777 Jefferson NE

Albuquerque, NM 87109-4343, by the Journal Publishing Co.
This newspaper is copyrighted, reprint of this masthead prohibited.
A8
Sunday, July 19, 2015
EDITORIALS
Ankle bracelet onlyy works

if defendant waants it to
The fourth time was the charm for longtime lawbreaker Steven V. Trujillo who, after being turned
down three times in his bid to get out of jail, convinced
2nd Judicial District Judge
J
Jacqueline Flores to lower
his bond and release him albeit with an ankle monitor to track his whereabouts and his hollow promises
to stay sober and be home by 8 p.m. nightly.
But it was also the death knell for Mary Soto, 30,
and a 14-year-old boy whom the Bernalillo County
Sheriffs Department has refused to identify. Seven
other people who were in the Ford Expedition that
Trujillo crashed into at 12:40 a.m. Sunday allegedly while drunk, police say were badly injured.
Six of them are children, ranging in age from 1 to 12.
Trujillo had to be cut out of his truck after the crash.
Deputies who showed up at the horrific crash noticed
that Trujillo was wearing an ankle monitor and soon
learned that he was on a pretrial release program.
Trujillo, 36, is a frequent guest at the Metropolitan Detention Center, and a violent one. At his initial
court appearance after the crash, Anthony Carter of
the courts Pretrial Services Division went over Trujillos rap sheet: Convicted of DWI in 2007 and 2012;
eight misdemeanor arrests with two convictions; 33
bench warrants, nine of them for failure to appear;
six felony arrests, with convictions for attempted
drug trafficking in 1999 and aggravated assault/
domestic violence in 2005. At the time of the crash,
Trujillo was facing felony charges for kidnapping,
aggravated battery/domestic violence, child abuse,
attempted breaking and entering, bribery of a witness and criminal damage to property. He had been
held in jail since February 2014 after a grand jury
indicted him on rape and battery charges both
related to alleged attacks on his ex-partner. One of the
attacks, according to court records, involved beating
his ex with a brick.
Now, Trujillo is back in jail, still facing the pending
cases but with new charges: two homicide by vehicle
charges, DWI and seven great bodily harm by vehicle
charges.
And this is a man who qualified for pretrial release?
Citing state rules that prohibit judges and court
officials from commenting on individual cases, 2nd
District Court spokesman Tim Korte declined to
comment on Trujillos, or explain why there was
no attempt to have police or deputies haul him in
more than four hours before the crash when his GPSenabled ankle monitor supposedly alerted someone
at Pretrial Services that he had violated his 8 p.m.
curfew that fatal night.
While the public might presume that any violation of Trujillos signed agreement would result in
a quick attempt at arrest, the only thing his monitor
triggered Sunday night was a bureaucratic morass.
Albuquerque Police Department spokesman Tanner Tixier said violations like Trujillos generally
produce an administrative alert in the tracking system. System administrators can take evidence of the
violation to a judge in seeking an arrest warrant,
but the violation doesnt automatically result in law
enforcement arresting the violator.
Korte said the ankle monitor sends an email alert
to a supervisor when a violation occurs, and Pretrial
Services officers can immediately send a signal to
the defendants ankle monitor with further instructions, such as directions to leave the restricted area
immediately. The court can then send a message to
the wearer to appear before a judge.
For what its worth, the monitor also alerts the person wearing the ankle bracelet that theyre where
they shouldnt be.
On Monday, Metro Court Judge Vidalia Chavez
stated the obvious, saying Trujillo is a clear and
obvious danger to the community and set bond at
$250,000 cash only. Its tragic that Trujillo managed
to exploit the system, and that he managed to ignore
the conditions of his release long enough to allegedly
kill two innocent people.
But the Trujillo case points to a dilemma facing the
states judges under its Constitution, which essentially
guarantees bail in all cases up to first-degree murder.
And so, Flores technically made the right decision
and Chavez the wrong one although its highly
unlikely the public that is put at risk would agree.
What it means is that its time for a discussion
on the issue of pretrial release and, if necessary, a
change by the Legislature and the states voters so
we dont have to put judges in this position and the
public at unnecessary risk.
Weight-gain season is now upon us

CHICAGO Happy midsummer! You have officially
entered prime weight-gain
season.
The back half of the calendar
always means that the Fourth
of July food extravaganzas
have erased the memory of
Januarys bikini-bod dreams.
From here on, its backyard
barbecues and food festivals
until we hit the HalloweenT h a n k sg iv i ng- Ch r i st mas
gluttony trifecta.
Youd better watch it. New
research on sugar-sweetened
beverages tells us that about
184,000 people worldwide die
from overconsumption of sugary drinks annually.
Obviously a single can of
non-diet soda wont kill anyone but our inattention to
its heavy impact on our health
will. Inattention is basically at
the root of our countrys massive malnutrition and obesity
epidemics.
Yet, with a few exceptions
for rare metabolic diseases,
the cure to obesity and the
related cardiovascular diseases, cancers and diabetes
is as exponentially hard as
it is simple: Eat less unhealthy
food.
This is about as easy as picking winning lottery numbers
we know it happens, but
you couldnt do it on demand
if your life depended on it.
At the start of the obesity
epidemic, those interested in
changing the countrys poor
eating habits believed that
once Americans were made
aware of surging levels of
obesity and illness associated
with eating unhealthy food
and made to understand
what, exactly, unhealthy food
is they would curb their
consumption.
That was but a first step.
ESTHER J. CEPEDA
Syndicated Columnist
In the last decade, Americans have been barraged with

an unprecedented amount of
information about what food
is healthy and unhealthy, how
to help regulate diets, and how
to keep weight off.
Unfortunately, most of this
information has been confusing or contradictory. The
latest research upends the
medical establishments longstanding advice to eat right
and get more exercise by noting that maintaining a healthy
weight is almost exclusively
about diet and only minimally
about how much exercise you
get.
The next wave of food advocacy must be focused on get-
ting people to pay attention to

what they eat.
Now that we have caloriecount labeling on most packaged foods, and will soon have
them on most menus, weve got
to get people to actually use
the information.
This is no small task calorie counts are generally based
on a 2,000 calorie diet, which,
to start, is a lot for most people
who arent very tall or active.
Were talking about the kind
of understanding that needs to
be taught in school, probably
in math and physical education classes as it requires
understanding how many calories we use on a daily basis,
and how much we can eat to
maintain a healthy balance.
But this is a bummer to
figure out. Another massive
bummer: learning that your
supposedly healthy fruit and
yogurt smoothie is actually a
big sugar bomb. Ouch.
Undertaking a whole-life
commitment to maintaining a healthy weight while
still enjoying food is a tough
mountain to climb. But here
are some baby steps.
(1) Watch what you drink.

Have water or actual fruit
(comes with built-in healthy
fiber) instead of fruit juice.
If you drink soda, pick diet
instead of regular. Theyre
both bad for you, but theres no
worldwide epidemic of artificial sweetener poisoning. Better to skip the insulin spike at
all costs.
(2) Check your halos.
Imaginary halos give people
a sense of nutritional goodness
that leads to overdoing it. For
instance, yogurt is a healthy
option, unless you get the kind
thats chock full of sugar and
comes with cookie/candy toppings. Watermelon and other
fruits are healthy, but dont
overindulge because youre
thinking that fruit is, basically, calorie-free (its not).
And dont pat yourself on the
back too much. New research
from marketing professors
Uma Karmarkar of Harvard
University and Bryan Bollinger of Duke University
has found that people who
use ecofriendly nondisposable grocery sacks are likelier to buy organic items and
give themselves permission
to splurge on junk food at the
supermarket.
(3) Start with your pet.
Fat dogs and cats are so
prevalent as social-media
image subjects that researchers are now fearing the normalization of obesity in dogs,
making owners believe that
overweight dogs are healthy.
Theyre not our fur babies
are experiencing their own
obesity epidemic.
Stop slipping Fido the extra
treats and, if possible, get
more exercise with your pets.
Chances are youll both feel a
whole lot better.
NM lawmakers push energy initiatives

Landmark Supreme Court
rulings, controversial trade
and nuclear weapons deals
and a long-overdue rewrite of
the No Child Left Behind education law have dominated the
headlines over the first half of
a busy Washington summer.
Beyond the glare of the
national media spotlight, two
New Mexico lawmakers have
been working on legislation
related to energy production
a subject central to the states
economy.
Sen. Martin Heinrich, D-N.M,
has introduced several bills to
boost clean energy production
and make it accessible to more
Americans. Meanwhile, over
in the U.S. House, Rep. Steve
Pearce is pushing legislation
that would prevent the Bureau
of Land Management from raising royalty rates paid by oil and
gas companies to extract the
traditional fuels from federal
land.
Heinrich last week introduced
a bill that would extend the Residential Energy Efficient Property Tax Credit by five years. The
tax credit helps families pay for
residential clean energy equipment, such as solar photovoltaics, solar hot water heaters, geothermal heat pumps and small
wind turbines.
This legislation puts solar
energy within reach for more
Americans, Heinrich said.
Families with solar panels on their rooftops already
know firsthand how solar can
reduce energy costs at home.
With more than 300 days of
sun in New Mexico, this tre-
MICHAEL COLEMAN
Journal Washington Bureau

mendous resource should
continue to be harnessed as
an economic engine for our
state. Extending the solar tax
credit for families is a great
way to achieve that.
A week earlier Heinrich
introduced a bill to encourage community solar projects
similar to New Mexicos first
community-owned solar garden
at Taos Charter School. The bill
would add a new federal standard described by his office
as a suggestion, not a mandate
for states to consider adopting. If Congress approved the
standard, states could require
utilities to allow community
solar projects up to 2 megawatts
in size to be connected to their
power distribution system.
T he leg i sl at ion wou ld
require the utility to allow
the electricity produced by
the community solar facility
to be credited directly to each
of the consumers that owns a
share of the system, offsetting
the cost of electricity normally
billed by the utility to the consumer. Currently, 12 states and
the District of Columbia have
shared renewable energy poli-
cies in place, Heinrichs office

said.
Shared solar projects have
the potential to allow more
Americans who lack sunny roof
space or startup capital to truly
benefit from solar energy and
take personal ownership over
their own energy use and carbon footprint, Heinrich said.
Its unclear if Sen. Lisa
Murkowski, an Alaska Republican who chairs the Senate
Energy and Natural Resources Committee, will include
the bills in her major energy
package expected later this
year, but she has a bipartisan
reputation and seems receptive
to clean energy proposals, as
well as supporting traditional
fuels.
Meanwhile, Pearce this
month convinced the U.S.
House to include an amendment to the House Interior
spending bill that would bar
any increase in royalty rates
that energy companies are
compelled to pay to the federal
government for oil and natural
gas extracted on government
lands.
The amendment passed 231198, with the overall Interior
bill still pending a final vote.
New Mexico collected $479
million from the royalties in
the 2013 fiscal year no small
chunk of change.
Pearce, a former oil industry
executive who is among the
top congressional recipients of
campaign contributions from
the energy industry, noted
that in April, the Department
of Interiors Bureau of Land
Management posted official

notice of a rule change that
he said would effectively raise
the cost of producing oil and
natural gas on federal leases.
Increasing BLM royalty
rates will not increase federal
revenue, because it will push
production off federal lands,
Pearce said. This will stifle
energy development, cost
jobs, reduce energy security
and lower the money coming
back to New Mexico. Schools,
universities, public hospitals,
law enforcement and infrastructure projects depend on
federal royalty revenue payments funneled back to the
state.
Opponents of the amendment, including the Center for
Western Priorities and some
members of Congress, argue
that raising the rates could
increase government revenue
by billions of dollars. Rep.
Chellie Pingree, D-Maine, said
boosting the rates would give
the public a fair return from
the production of oil and gas
from federal leases.
Interior Department spokeswoman Jessica Kershaw told
me late Friday that the agency is
wary of efforts such as Pearces.
While we havent been asked
to formally testify before Congress on this, generally the
department opposes efforts to
curb our authority to set royalty rates which provide a fair
return to the American people,
Kershaw told me in an email.
E-mail: mcoleman@abqjournal.com.
SOUTHPAW
UNM football is hoping to pick

up some TV bonus money
Jake Gyllenhaal is a
champ seeking redemption
in boxing drama
VENUE
SPORTS >> D1
ALBUQUERQUE
ABQJOURNAL.COM
$1.00
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JOURNAL
FRIDAY
JULY 24, 2015

FINAL
ESTABLISHED
1880
C. PALOMINO: Accused
along with
husband
SORDIA:
Described as
a multi-state
offender
NMS DRUG DEATHS

HIGHEST EVER
PAINKILLERS FUEL
19% INCREASE
IN 2014
Murder
suspects
grandma
goes to jail
Suspect
p in
carjacking
j
g
makes major
j
criminal leap
Neighbor who snitched

on grandson attacked
BY ELISE KAPLAN
A g r a nd mot her who s e

14-year-old grandson is one of
six teens charged with killing
Steven Gerecke during a night
of mobbing last month is now
in jail herself.
Police said Carla Palomino
and her husband attacked one
of their neighbors whom Palomino said snitched on her
grandson.
Daniel Guzman, the couples neighbor, told police that
Palominos husband, Leandro
Sordia, 49, tried to stab him
with a large butchers knife
and accused him of talking to
police about their grandson,
Enrique Palomino, according
to a criminal complaint filed
in Metropolitan Court.
Guzman said Sordia, whom
he knew as Alex, lunged at
him in the parking lot of the
Las Brisas apartment complex
on San Pedro and Eastern SE,
and the knife grazed his shirt
as he jumped back.
He told officers that Palomino stepped between the two
men and said not here before
saying, my sons are coming
to kill you, you (expletive)
snitch.
Carla Palomino called 911
about the attempted stabbing
of Guzman, according to the
complaint. She told the dispatcher that Guzman and his
girlfriend had done a lot of
bad things to her grandson
and she was depressed because
they snitched on him.
Sordia and Palomino are
charged with agg ravated
assault with a deadly weapon
and conspiracy.
See MURDER >> A3
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ROBERTO E. ROSALES/JOURNAL
Thomas Martinez, 26, was arrested after

police say he carjacked three cars, including the white one seen here, Wednesday
morning.
MORGAN PETROSKI/JOURNAL
In 2014, over 530 New Mexicans died from drug overdoses following a two-year decline, according to
the state Department of Health. Prescription opioids remained the leading cause of overdose deaths.
BY OLIVIER UYTTEBROUCK
ore New Mexicans died

last year of drug overdoses
than in any other year on
record.
The 536 deaths in 2014 mark a 19
percent increase over the year before,
following a two-year decline, according to the state Department of Health.
That number shows the state needs
to step up efforts to curb addiction,
including better monitoring of prescription painkillers, according to
state Epidemiologist Dr. Michael
Landen.
He said New Mexico also needs to
expand the use of naloxone, a prescription drug that can counteract
a drug overdose, by making it more
widely available to law enforcement
officers and the public. Far more New
Mexicans could have died last year
without naxalone, which was used
successfully in over 900 cases.
New Mexico led the nation for
years in drug overdose deaths per
capita, Landen said, but West Virginia has occupied the No. 1 spot in
recent years.
428
2008
2009
Prescription
opioids
256
468
2010
536
521
486
2011
2012
449
2013
DEATHS BY DRUG TYPE**
2014
heroin
152
methamphetamine
23
cocaine
113
230
121
39
93
2012
199
129
60
62
2013
206
135
77
57
2014
265
154
111
70
2008
2009

BY MAGGIE SHEPARD
NEW MEXICO
DRUG OVERDOSE DEATHS
513
Thomas Martinezs previous

criminal record was not so violent
Until recently, Thomas Martinezs lengthy

criminal history consisted mostly of traffic
violations, drug possession and failure to
appear in court.
But he made a major criminal leap this
month, police say, and on Thursday federal agents charged him as being one of the
worst of the worst following his arrest in
connection with a wild carjacking spree on
Wednesday.
Police tracked Martinez, 26, to a hotel at
noon Wednesday several hours after they
say Martinez carjacked a man at a hotel.
They say he fled from them with a gun in
hand, carjacked a woman and shot at her as
she jumped out of her car, then carjacked an
elderly man and tried to shoot at him before
he crashed the car to avoid a driver who had
See SUSPECT >> A2
2010*
2011*
*Years 2010 and 2011 were not provided because data lacked specificity
**Some overdose victims used two or more types of drugs.

SOURCE: New Mexico Department of Health
See NEW MEXICOS >> A2
RUSS BALL / JOURNAL
Your ideas for putting Albuquerque on the map
n our last episode make that last column

we learned about Albuquerque marimba
player Steve Chavezs big ideas to put Albuquerque on the map.
They included a zip line down the side of the
Sandias and a replica of
Stonehenge near the volcanos. (He posted his full list
of ideas on the web version
of the column at www.abqjournal.com/610581/.)
I asked you, dear readers,
to put on your thinking caps
and come up with your own
p ront
big ideas.
Im happy to say the
Dan
response was whelming.
Herrera
Not enough to crush me
after all, I have other duties over here but
enough to provide me with enough ideas to have
options for presentation.
BCSO says informant lied;

new suspect has been charged
BY NICOLE PEREZ
UF
See YOUR >> A3
Wrong man
arrested in
students death
Visitors walk on the Skywalk at the Grand Canyon in March 2007. One suggestion is for a Sandia Skywalk that projects out over a precipitous
cliff in the Sandias.
ExpEriEncE
The all nEw eJournal
(included with your newspaper subscription)
Bernalillo County sheriffs detectives

thought they had Jared Clarks murderer
nailed.
A confidential informant had pinned
the 22-year-old CNM students death on
an alleged drug dealer, 29-year-old Carlos
Escudero. The informant said Escudero had
asked Clark for a ride to the South Valley
on June 7, then shot him, stealing his Ford
Mustang.
But it was all a lie, detectives now say. A
lie detectives believed.
Detectives wrote up the informants
account in a two-page criminal complaint
and arrested Escudero, charging him with
an open count of murder.
The charges against Escudero have now
See WRONG >> A6
Take it anywhere,
anytime.
Available on your web

browser, tablet or smart phone.
Experience it at
abqjournal.com/ejournal
Registered subscribers use your current username and password. Or to register - go to abqjournal.com/register - To subscribe - go to abqjournal.com/subscribe
A2
ALBUQUERQUE JOURNAL
S ect makes major criminal leap

Suspe
New Mexicos drug

deaths highest ever
From PAGE A1
blocked his way.

y
At the time, Martinez was wanted on a warrant for robbing
g at
gunpoint
g
p
three men who were
selling
g him g
guns. He also was out
on bail after running
g from p
police
and hiding
g in a strangers
g
home,
terrifying
y g three children there.
Police say
y theyre
y
frustrated at
the p
pattern of catch and release
they
y have had with Martinez.
We can totally
y control the catch
part, we dont control the release
p
part, said Albuquerque
p
q
q
police
p
spokesman
p
Simon Drobik. Our
officers are trained to deal with
this, but do the citizens deserve
the g
guy
y walking
g around?
In the last seven y
years, Martinez
has been in and out of jjail 12 times,
two of those times since June.
Here is a rundown of Martinezs criminal history,
y according
to court documents and p
police:
n In 2008, age
g 19, Martinez
speeds
p
away
y after he sees a p
police
officer. He is p
pulled over for the
suspicious
p
behavior and is found
to have more than one-half p
pound
of marijuana
j
intended for trafficking.
g He p
pleads g
guilty
y and is
put on p
p
probation for one y
year. He
is caught
g with drug
gp
paraphernap
lia in February
y 2010 and g
goes to
jjail for 10 days,
y then is released
back to p
probation.
n For the next six y
years, Martinez is not arrested for any
y crime,
though
g he collects seven driving
g
violations, including
g having
g windows that are too dark, driving
g
without insurance, not having
ga
proper
p
p registration
g
sticker on his
license p
plate.
For each of these cases he either
fails to appear
pp
in court or fails to
pay
p
y fines, resulting
g in a suspenp
sion of his license and six bench
warrants, which is when a jjudge
g
orders a p
person to be arrested. He
is arrested several times on these
warrants, out on bail or bond less
than $500 and paying fines each
time.
His bond in a January
y 2014 epip
sode reaches $500 for failing
g
to appear for driving on a sus-
From PAGE A1
New Mexicos deaths per capita were 26.4 per

100,000 last year.
In 2013, 449 New Mexicans died of overdoses,
according to the Department of Health. Per capita,
that was 21.8 deaths per 100,000.
Prescription opioids narcotic painkillers such
as hydrocodone and oxycodone remained the
leading cause of overdose deaths in 2014, accounting for nearly half the total.
Back-to-back declines in overdose deaths in 2012
and 2013 may have led to complacency about the
problem, Landen said.
There was a lot of focus for a couple of years, and
I just think some of the focus has waned, he said.
We now need to redouble our efforts.
The states drug overdose death rate declined
16 percent from 2011 to 2013, which Landen attributed to initiatives such as the prescription drug
monitoring program. The program allows doctors,
nurses, dentists and other practitioners authorized
to prescribe opioids to view a patients use of controlled substances by visiting a website.
A 2012 law expanded the program, requiring state
licensing boards to formulate rules requiring practitioners to check the database before prescribing
opioids for certain patients.
State law requires the licensing boards for seven
medical professions to issue regulations for managing chronic pain with the use of controlled substances, Landen said.
As a result, the state has a patchwork of rules
governing when practitioners must check the state
database, he said. The seven licensing boards are
medical, osteopathic, nursing, dental, podiatry,
optometry and midwifery.
Use of the database has increased. In 2014, prescribers checked the records of 56 percent of patients
who received a three-month supply or more of opioid
painkillers, up from 50 percent in 2013.
The increase is encouraging, Landen said, but
Department of Health officials would like providers
to consult the database every time they prescribe a
three-month supply of narcotic painkillers.
We should be working toward 100 percent, he
said. The prescription monitoring program is a
great tool for dealing with high-risk prescribing
and reducing drug-overdose deaths.
Meanwhile, naloxone, also known by the brand
name Narcan, was used to reverse more than 900
opioid overdoses in 2014, a 29 percent increase
from 2013, the New Mexico Department of Health
reported.
The Department of Health advocates increased
use of naloxone. The agency distributed 5,874 doses
of the drug in 2014, up 55 percent from 2013.
Earlier this year, all Santa Fe County deputies and
some New Mexico State Police officers were trained
how to use naloxone and began carrying it in their
patrol cars. Landen said all New Mexico law enforcement officers should be trained to use the drug.
Naloxone also became available last year in some
New Mexico pharmacies.
Only 10 percent of our pharmacies stock naloxone, Landen said. We can increase that. We can do
a better job of making naloxone available to anybody
who is at risk of an opioid overdose.
Donald Trump responded to Sen. Lindsey

Grahams calling him a jackass by standing
onstage in South Carolina
A RG U S
with TV cameras rolling
H A M I LT O N
and giving out Grahams
cellphone number. His fans
loved it. Its the craziest thing
Donald Trump has done since
whatever he did right before
that.
n
Ohios Air and Space

Museum celebrated the first
moon landing Monday. The
first man on the moon was
from Ohio, the first American to orbit the earth
was from Ohio and the first two men to fly an
airplane were from Ohio. History teaches us that
man will do whatever it takes to get out of Ohio.
n
The U.S. Golf Association landed the

prestigious Los Angeles Country Club for the
n
Drug charges
n By July 2014, Martinez begins
to get charged with drug offenses.
He is pulled over for driving a
truck hauling a trailer that does
not have a license plate. Police
turn up two pounds of marijuana and a few Oxycodone and
Hydrocodone pills intended for
distribution.
Martinez, charged with unlawful possession of dangerous prescription drugs and trafficking
controlled substances, posts a
portion of $2,500 bond three days
after he is arrested.
The case lingered in court and
was dismissed due to insufficient time to complete chemical
testing, but status of that case
wasnt known Thursday.
n In November 2014, Martinez is
arrested in Bernalillo and police
say he had drugs with him then,
though details of this case were
not available Thursday.
He bonds out of jail on a portion
of $1,000 bond, but he fails to show
up for court and a warrant for his
arrest is issued.
n Last month, Martinez starts
to collect his first violent charges.
The Bernalillo warrant is active
June 17 when an officer at the
Wal-Mart on Eubank and Copper
accuses Martinez of shoplifting
$125 in merchandise, prompting
a foot chase across a busy road,
behind a fast food restaurant and
into a random home with three
terrified children inside.
Police say he jumped a backyard fence and pushed the back
door open against the 15-year-old
girl trying to lock it, knocking
her back against the wall hard
enough to take her breath away
and violently enough to traumatize a 9- and 11-year-old in the
home.
Martinez was arrested in the
homes garage and charged with
aggravated burglary and three
counts of child abuse and taken
TODAYS HIGHLIGHT IN HISTORY: On this

date in 1915, the SS Eastland, a passenger ship
carrying more than 2,500 people, rolled onto its
side while docked at the Clark Street Bridge on
the Chicago River; an estimated 844 people died
in the disaster.
In 1937, the state of Alabama dropped charges
against four of the nine young black men
accused of raping two white women in the
Scottsboro Case.
In 1959, during a visit to Moscow, Vice President
Richard Nixon engaged in his famous Kitchen
Debate with Soviet leader Nikita Khrushchev.
In 1969, the Apollo 11 astronauts two of
whom had been the first men to set foot on the
moon splashed down safely in the Pacific.
In 1974, the U.S. Supreme Court unanimously
ruled that President Richard Nixon had to turn
over subpoenaed White House tape recordings
to the Watergate special prosecutor.
In 2002, nine coal miners became trapped in a
flooded tunnel of the Quecreek Mine in western
Pennsylvania; the story ended happily 77 hours
later with the rescue of all nine.
TODAYS BIRTHDAYS: Comedian Ruth Buzzi
and actor Mark Goddard are 79. Actor Dan Hedaya is 75. Actor Chris Sarandon is 73. Comedian
Gallagher is 69. Actor Robert Hays is 68. Former
CORRECTIONS POLICY
The Journals policy is to correct errors of
fact in a timely manner. If you wish to notify
us of an error, you can contact us through one
of the numbers in the staff box on this page or
call and leave a message at 823-3949. Or, you
can email us at accuracy@abqjournal.com.
2011: Failure
to appear
June 18:
Burglary
Carjacking spree
Martinez was wanted on this
warrant when police used a tip
to track him down to a hotel near
the Target on Eubank and Lomas
at about noon Wednesday after
they say he carjacked a man at a
hotel on University and Menaul
at 9 a.m.
This prompted the carjacking
spree that federal authorities are
saying earns Martinez a place in
the worst of the worst prosecution program targeting repeat
offenders.
Police say Martinez, with a gun
in hand, fled from officers at the
hotel, violently carjacked an
elderly woman stopped at an onramp and ran over an officer who
tried to rescue that woman.
Federal charging documents
released Thursday say Martinez shot at the woman, who later
jumped out of the car uninjured.
Martinez, police say, ditched
her car, then carjacked another
July 6: Court
warrant
July 22:
Carjacking
vehicle with an elderly male passenger inside. The federal charging document and police say Martinez tried to shoot at a family
member who tried to rescue the
man and at one point the elderly
man had his hand on the gun,
keeping Martinez from firing.
Martinez was stopped, police
say, when a driver blocked the
road with his own vehicle, forcing Martinez to crash and the
relative was able to get the gun.
Martinez now faces two federal
counts each of carjacking and
firearms violations.
He is in jail on no hold bond.
Police take down Spartans on the march in Beijing

LOS ANGELES TIMES
BEIJING Scores of bareche ste d Spa r t a n wa r r ior s

marched through Beijings
streets, drawing swarms of
admirers, picture-takers and
then suddenly, police.
A local salad restaurants
asm in the citys bustling commercial districts.

Photos posted online showed
the men standing in formation
in the posh Sanlitun shopping
area; pictures apparently taken
soon afterward showed two of
them lying on a pedestrian fly-
marketing stunt went awry

Wednesday a fternoon when
publ ic secu r it y of f ici a l s
detained some of the muscular
male models each dressed
in sandals, shorts and f lowing
black capes that the eatery
had hired to muss up enthusi-
over, police having wrestled

them to the ground.
The Beijing Youth Daily newspaper said that police detained
the models for causing a public
disturbance after they failed
to heed several warnings to
disperse.
HOW TO REACH US
U.S. Open in eight years on Tuesday. No club
in L.A. is more relaxing. Membership requires
$2 million, your Protestant church confirmation
certificate and proof positive youve never had
an actor in your family.
Orange is the New Black began filming its
fourth season on Netflix after it garnered three
Emmy nominations, including for Best Drama.
Its a groundbreaking drama. For men, Orange
is the New Black is the first show about women
in prison that you dont have to delete from your
browser history.
ALBUQUERQUE JOURNAL
P.O. Drawer J
The White House altered the citizenship oath

so that new citizens can refuse to take up arms
to defend the U.S. for any reason. Earlier this
month, President Obama led a swearing-in
ceremony at the National Armory in Washington
that included this new oath. Now he can
surrender to Iran legally.
n
Argus Hamilton is host comedian at The Comedy Store

in Hollywood. Email him at Argus@ArgusHamilton.com.
Republican national chairman Marc Racicot is

67. Actor Michael Richards is 66. Basketball Hall
of Famer Karl Malone is 52. Retired MLB All-Star
Barry Bonds is 51. Actress-singer Jennifer Lopez
and basketball player-turned-actor Rick Fox are
46. Actresses Elisabeth Moss and Anna Paquin
are 33. Actress Megan Park is 29. Actress Mara
Wilson is 28. Rock singer Jay McGuiness (The
Wanted) is 25. Actress Emily Bett Rickards is 24.
The Associated Press
FOR THE RECORD

A story published Wednesday about
an Albuquerque lawyers challenge to
hourly rates ordered for contract defense
counsel included incorrect figures on the
current rate schedules. The current flat
fee for representing an indigent client on
a misdemeanor is $180 and for first-degree
murder $5,400. Because of a stated crisis
in indigent defense, a Lincoln County district judge ordered contract lawyers to be
reimbursed at $85 an hour, which could go
as high as $1,200 for a petty misdemeanor
without trial, and up to $30,000 for a capital crime that goes to trial, after which the
attorney would have to get permission to
bill additional hours. The petition seeks
to stop that order.
n
n The headline for a story in Thursdays Journal incorrectly reported that

state Auditor Tim Keller had accused
Gov. Susana Martinez of obstructing his
offices investigation into Taxation and
Revenue Secretary Demesia Padilla. It
should have said the auditor accused tax
department officials of obstructing the
probe.
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TODAY IN HISTORY
TODAY IS FRIDAY, JULY 24, the 205th day of
2015. There are 160 days left in the year.
Martinezs long
arrest record
in on the open warrant.

He pays $500 cash bond and is
out of jail the next day, promising to participate in the courts
pretrial supervision.
But he doesnt show up on June
26, and a warrant is put out for
his arrest.
Martinez is re-arrested on July
6, booked in jail and given another $500 bond, which he posts July
7 with the same conditions of
release.
On July 17, police say Martinez and two friends committed 2008: Drug
three ambushes in one night to trafficking
steal guns.
Police say Martinez and his
friends tricked three men into
meeting them in different parking lots around town in order to
buy guns that the men had advertised for sale online. Private sales
like this are legal.
Within the span of three hours
in the evening July 17, police allege
Martinez and his friends stole two 2014: Drug
handguns, an AK-47 and cash.
charges
Police put out a warrant for
Martinez and the two men.
pended license, driving without a

license plate and not having proof
of insurance.
THE LIGHTER SIDE

God Bless America, and hows everybody?
FRIDAY, JULY 24, 2015
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ALBUQUERQUE JOURNAL
ESTABLISHED
1880


Kent Walz, Editor

A6
Thursday, July 30, 2015
EDITORIALS
Fix NM Constitution
to stop revolving door
Thomas Martinez is just 26. But hes been a frequent

flyer in the justice system, helped along by a bail bond
system that promotes a revolving door for offenders.
In the last seven years, Martinez has been in and
out of jail 12 times, including twice since June. His rap
sheet has progressed from drug and traffic offenses
to extremely violent crimes.
In his most recent arrest, he is accused of carjacking three vehicles and shooting at two of the drivers.
Martinezs lengthy adult criminal history started
at age 19 when he was busted in 2008 for possessing
more than half a pound of marijuana intended for trafficking. He pleaded guilty and got a year of probation.
In 2010, he was caught with drug paraphernalia,
spent 10 days in jail and was put back on probation.
What followed was a string of driving violations, for
which he either failed to appear in court or failed to
pay fines, resulting in a suspended license, six bench
warrants and several arrests. Each time he got off on
bail or bond less than $500 although its doubtful a
higher bond alone would have made much of a difference since payment plans with little or even nothing
down are available from some bail bond companies.
In July 2014, Martinez was stopped for driving a
truck hauling a trailer without a license plate. Police
found two pounds of marijuana and some Oxycodone
and Hydrocodone pills. Martinez appeared to be back
in the drug business. This time he posted a portion
of $2,500 bond after spending just three days in the
jail. (Hint: accused drug dealers tend to have access
to money.)
In November, another drug arrest. He posted part
of a $1,000 bond and again failed to show up for court.
A warrant for his arrest was issued.
Last month a shoplifting offense and a foot chase led
to Martinezs breaking into a house and terrorizing
a teen and some children. He was out of jail the next
day after posting a $500 bond. He failed to show up
for pretrial supervision not exactly a shock and
drew another warrant for his arrest. He was arrested
and again posted a $500 bond.
A few weeks later he and some friends allegedly stole
two handguns, an AK-47 and cash. Another warrant
was issued.
Then came the carjacking spree. Now, Martinez is
in jail on a no bond hold. Finally.
Its not a pretty picture: spinning courthouse doors
sucking in and spitting out offenders at a dizzying
pace.
New Mexicans who complain about this ridiculous
catch and release system need to have an honest discussion about how to fix it.
Our states Constitution guarantees bond for virtually all but capital crimes. So as much as a judge might
like to set a sky-high bond on some of these frequent
fliers, they run into that constitutional provision.
Meanwhile, even low bonds can keep a poor person
accused of a nonviolent misdemeanor, but who cant
cut a deal with a bondsman, in jail .
The time is here for lawmakers to ask New Mexico
voters to change the state Constitution to provide judges with the legal tools to keep serial offenders with a
penchant for violence off the streets while awaiting
trial.
No regard for history in Iran deal

WASHINGTON It came two days
after the announcement of the nuclear
agreement with Iran, yet little mention
was made on July 16 of the 70th anniversary of the first nuclear explosion in New
Mexico.
The anniversary underscored that the
agreement attempts to thwart proliferation of technology seven decades old.
Nuclear-weapons technology has
become markedly more sophisticated
since 1945. But not so sophisticated that
nations with sufficient money and determination cannot master or acquire it.
Irans determination is probably related
to Americas demonstration, in Iraq and
Libya, of the perils of not having nuclear
weapons.
Critics who think more severe sanctions are achievable and would break
Irans determination must answer this:
When have sanctions caused a large
nation to surrender what it considers a
vital national security interest?
Critics have, however, amply demonstrated two things:
First, the agreement comprehensively
abandons President Obamas original
goal of dismantling the infrastructure
of its nuclear weapons program.
Second, as the administration became
more yielding with Iran, it became more
dishonest with Americans.
For example, John Kerry says we never
sought anywhere, anytime inspections.
But on April 6, Ben Rhodes, Obamas
deputy national security adviser, said
the agreement would include anywhere,
anytime inspections. Kerrys co-negotiator, Wendy Sherman, breezily dismissed
anywhere, anytime as something that
became popular rhetoric. It became?
This is disgraceful.
Verification depends on U.S. intelligence capabilities, which
failed in 2003 (Iraqs supposed possession of WMD),
in 1968 (North Vietnams
Tet offensive) and in 1941
(Pearl Harbor). As Reuel
Marc Gerecht says in How
Will We Know? The coming
Iran intelligence failure
(The Weekly Standard,
July 27), The CIA has a
nearly flawless record of
failing to predict foreign
countries going nuclear
(Great Britain and France
dont count).
During the 1960 campaign, John Kennedy cited
indications that by 1964
there would be 10, 15 or 20
nuclear powers. As president, he said that by 1975
there might be 15 or 20.
Nonproliferation efforts
have succeeded but cannot
completely succeed forever.
It is a law of arms control:
Agreements are impossible
until they are unimportant.
The U.S.-Soviet strategic
GEORGE WILL
arms control process was an arena of

maneuvering for military advantage,
until the Soviet Union died of anemia.
Might the agreement with Iran buy sufficient time for Iran to undergo regime
modification?
Although Kerry speaks of the agreement
guaranteeing that Iran will not become a
nuclear power, it will. But what will Iran be
like 15 years hence?
Since 1972, U.S. policy toward China has
been a worthy but disappointing two-part
wager.
One part is that involving China in
world trade will temper its unruly international ambitions. The second is that
economic growth, generated by the
moral and institutional infrastructure
of markets, will weaken the sinews of
authoritarianism.
The Obama administrations comparable wager is that the Iranian regime will
be subverted by domestic restiveness. The
median age in Iran is 29.5 (in the United
States, 37.7; in the European Union, 42.2).
More than 60 percent of Irans university
students, and approximately 70 percent of
medical students, are women. Ferment
is real.
In 1951, Hannah Arendt, a refugee
from Hitlers Germany, argued bleakly
(in The Origins of Totalitarianism)

that tyrannies wielding modern instruments of social control (bureaucracies,
mass communications) could achieve permanence by conscripting the citizenrys
consciousness, thereby suffocating social
change. The 1956 Hungarian Revolution
changed her mind: No government can
control human nature or all channels
of communication.
Todays technologies make nations,
including Iran, porous to outside influences; intellectual autarky is impossible.
The best that can be said for the Iran
agreement is that by somewhat protracting Irans path to a weapon it buys time for
constructive churning in Iran. Although
this is a thin reed on which to lean hopes,
the reed is as real as Irans nuclear ambitions are apparently nonnegotiable.
The best reason for rejecting the agreement is to rebuke Obamas long record of
aggressive disdain for Congress recess
appointments when the Senate was not in
recess, rewriting and circumventing statutes, etc. Obamas intellectual pedigree
runs to Woodrow Wilson, the first presidential disparager of the separation of powers.
Like Wilson, Obama ignores the constitutional etiquette of respecting even rivalrous
institutions.
The Iran agreement should be a treaty;
it should not have been submitted first to
the U.N. as a studied insult to Congress.
Wilson said that rejecting the Versailles
Treaty would break the heart of the
world. The Senate, no member of which
had been invited to accompany Wilson to
the Paris Peace Conference, proceeded to
break his heart.
Obama deserves a lesson in the cost of
Wilsonian arrogance. Knowing little history, Obama makes bad history.
Merkel dares to speak the truth on immigration
CHICAGO People tend to

say they want straight-talking
politicians then get upset
when straight talk actually
occurs.
Take the case of German
Chancellor Angela Merkel, who
has been tap-dancing across the
worlds stage this summer trying to hold the eurozone together
in the face of a massive Greek
default, while also dealing with
the issue that seems to be roiling
every well-to-do-country in the
world: illegal immigration.
During a televised public
youth forum a few weeks ago, a
14-year-old Palestinian girl living in Germany illegally pleaded
her case to the chancellor, saying, in fluent German, that her
father cant work because her
family doesnt have a permanent residence permit and that
she wants to feel secure, enjoy
her teen years and go to college
in Germany.
ESTHER J. CEPEDA
A U.S. president in this same

position might have promised
this inspiring, empathetic young
woman a positive outcome or at
least a special case review or other exceptional treatment while
mugging for the camera to show
(a) how his or her party is tops
on the issue or (b) that the monstrous opposition is fully to blame
for this innocent childs suffering.
Instead, Merkel gave the girl,
who goes by Reem, an unequivocally truthful and empathetic
answer that would be unthinkable in our country.

She complimented the girl on
her willingness to advocate for
herself and her family and said,
Politics is hard sometimes. ...
When you are standing in front of
me, you are a very likable person
... but ... there are thousands and
thousands more in the Palestinian refugee camps in Lebanon.
And if we say, You can all come
here, you can all come over from
Africa, we cant cope with that.
This resulted in waves of vitriol from around the globe, with
accusations that Merkel is a
coldhearted hard-liner.
But all she did was tell the
truth.
To put this in context, Germany has been at the forefront
of taking in large numbers of
asylum immigrants from some
of the most devastated countries
in Africa and the Middle East for
years it receives more than
twice as many asylum applications as any other country in the

European Union.
Germany is not engaged in a
national conversation about how
to get rid of migrants, but rather
one about how to best integrate
them across all of Germany, how
to fund their assimilation, and
how to determine who gets to
stay in the country permanently.
That a country about onefourth the size of the United
States in population cannot
take in every needy immigrant
is self-evident. But Merkel got hit
hard in the media for not sugarcoating reality.
Who declined to join the whining that the chancellor was
mean, heartless or cold?
That would be Reem, the
young woman who brought up
the issue to begin with.
The BBC quoted the girl: [Mrs.
Merkel] reacted like a politician.
At least she gave an honest opin-
ion. ... In a way, she was right.

Migration is a difficult topic. She
is not the person who can make
that decision in front of all the
cameras and the people.
Reem also told the German
tabloid Bild, It would have
made me feel even more sick
if she hadnt been honest, she
said. I like honest people like
Mrs. Merkel.
Its a sorry day when someone
whose future hangs in the balance can teach us about the power
of being treated with honesty and
realism, even as those without a
highly personal stake in the issue
sling mud whenever they hear
anything they dont like.
Illegal immigration and the
receipt of political, economic or
war refugees are difficult topics that involve money, cultural
confrontation and, inevitably,
limits.
Though everyone knows this,
those limits are almost always
left unspoken in order to keep

the peace, to keep talks going,
to push toward consensus.
In a recent editorial that condemned using the death of Kate
Steinle by an illegal immigrant
in San Francisco to foment
hatred against all immigrants,
The New York Times said this
country needs a serious solution that gives deserving
immigrants a foothold in this
country and makes it easier to
uncover those who come here to
do harm.
Typically left unspecified in
such declarations is the delineation between deserving and
undeserving.
And theres usually rancor
toward those who are willing to
confront these details.
This knee-jerk reaction stifles
dialogue by punishing those
who dare to speak openly about
things wed rather leave unsaid.
Titan moving Homers home

Simpson statues at Isotopes Park
have their own history
Moriartys mayor says Googles

Titan Aerospace will be leaving
BUSINESS >> B1
SPORTS >> D1
ALBUQUERQUE
JOURNAL
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AUGUST 5, 2015
FINAL
ESTABLISHED
1880
SUSPECT IN FATAL DWI::
WHY WAS HE OUT

ON THE STREETS??
STEVEN TRUJILLO
Criminal histor y no barrier to jail release

for rape
p suspect
p
who is now accused
in a crash involving a van full of children
JIM THOMPSON/JOURNAL
Sam Bregman, attorney for former Detective Keith Sandy,

questions pathologist Sam Andrews on bullet wounds James
Boyd sustained when he was shot.
New video of
Boyd shooting
shown at hearing
Many officers threatened Standard procedure
APD chief explains why he has
prior to killing, defense
not read the investigative report
points out
on the shooting death of James
Boyd A4
BY RYAN BOETEL
A memorial for the crash victims two were killed and seven injured was placed at the site of the wreck near Rio
Bravo and Del Rio SW. The driver, who had a criminal history and is alleged to have been drunk at the time of the crash,
had promised the court he wouldnt drink.
Editors note: Repeat
p
offender Steven Trujillo
was out on $1 bail and an ankle monitor
when he allegedly
g y crashed into a van, killing
a woman and a boy.
y Today,
y the Journal
chronicles whyy he was free. Tomorrow, the
victims family tells its story.
BY MAGGIE SHEPARD
For the past 16 years, Steven Trujillo, 36,

has gone only a few months at a time without close contact with police, courts or jail.
In fact, for most of 14 of those years hes

been on probation, wanted on a warrant,
scheduled for some sort of court hearing,
under police investigation or in jail awaiting trial.
Thats where he was earlier this year
awaiting trials on charges he raped his
childs mother and severely beat her while
she held their toddler son his third
domestic violence case with her.
When District Judge Jacqueline Flores
and the courts Pretrial Services program
Famed pathologist
questions Han ruling
ast month, famed forensic pathologist

Dr. Werner Spitz, who has made a
laudable living off the dead for more
than 62 years, offered his thoughts
on the investigation
into the death of
prominent civil rights
attorney Mary Han in
Albuquerque nearly
five years ago.
Spitz co-wrote
Medicolegal
Investigation of Death,
p ront
the bible of forensic
pathology, now in its
Joline
20th printing. His
Gutierrez
expertise has been
sought in dozens of
Krueger
high-profile cases from
the assassination of President Kennedy to
the murder trials of O.J. Simpson and Casey
Anthony. And now, it had been sought by the
Han family.
His opinion was stunning.
UF
See FAMED >> A2
Judges limited
What critics call New
Mexicos catch and
release system
y
of
jjustice is driven in p
part by
constitutional limitations
on the abilityy of jjudges
g
to order defendants held
without bail or require
q
high
g
bail, no matter how serious
the charges..
See CRIMINAL >> A3
Lawsuit filed in girls

death after Expo party
State among 10 defendants
named in wrongful death
complaint
BY T.S. LAST
JOURNAL NORTH
SANTA FE Just shy of the

second anniversary of the death
of Hannah Bruch, a 14-year-old
Santa Fe girl who died after
ingesting a hallucinogenic drug
while attending a rave concert
at Expo New Mexico, a lawsuit
alleging negligence was filed
against 10 defendants in Santa
Fe District Court on Monday.
In the wrongful death complaint filed by a representative
of Hannah Bruchs estate, the
defendants are listed as the state
of New Mexico, three companies
that co-promoted the event, two

security companies, an ambulance company, a hospital, and
two paramedics
who prov ide d
emergency medical care at the
show.
The show was
billed as Foam
Wo n d e rl a n d
and, according
to the court filing, included a BRUCH:
foam bubble solu- 14-year-old
tion fired from took Ecstasy
a cannon onto at rave party
partygoers while
lightning-like lasers flashed
and live performers played electronic dance party music.
The promoters tagline for the
See WRONGFUL >> A2
Prosecutors in court Tuesday played new video of the

James Boyd shooting made by
a civilian that hadnt been publicly released and questioned
what happened to the other
cameras officers were wearing at the time of the shooting.
Defense attorneys, while
questioning police witnesses,
pointed out that Boyd threatened numerous officers who
tried to negotiate with the
mentally ill man before he
was fatally shot by Albuquerque police officer Dominique
Perez and former Detective
Keith Sandy.
Tuesday was Day 2 in the
preliminary hearing against
Perez and Sandy, who are fac-
ing second-degree murder

and lesser offenses for shooting Boyd in March 2014. The
hearing is in front of Pro Tem
Judge Neil Candelaria, who
will decide if there is probable
cause to take the case to trial.
The newly released video
was shot on a persons back
porch, apparently northwest
of the standoff. It offers a different perspective than the
viral video of the shooting
that Perez recorded with his
on-body camera.
While it is shot from a distance, the new video shows the
See NEW >> A4
ABQ mayor says he would

veto Fair Workweek Act
Berry says proposal
would hurt both
employers and employees
BY DAN MCKAY
Mayor Richard Berry said

Tuesday that he will veto the
proposed Fair Workweek Act
if it ever makes it to his desk.
Thats unlikely to happen
anytime soon.
One councilor, Ken Sanchez, a Democrat, already
has requested an economic
analysis of the legislation a
process that will delay consideration of the bill for about 90
days.
And the co-sponsors of the
bill, Isaac Benton and Klarissa
Pea, both Democrats, already
have said they are considering
See BERRY >> A4
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ALBUQUERQUE JOURNAL
WEDNESDAY, AUGUST 5, 2015
A3
Criminal history no barrier to suspects release

From PAGE A1
looked at Trujillos history as

they determined whether he
should be released from jail,
they would have seen hes had
33 bench warrants and been
in an out of jail 15 times since
2000.
The Albuquerque man has
violated his conditions of
release from jail in all but one
of his cases, either for failing
to show up for court or not
following court orders, or for
picking up new domestic violence or DWI charges while on
release.
When he was given two
years of supervised probation instead of prison in 2000
for selling drugs, he promptly
disappeared
for 4 years
corrections
records show.
Still, after a
series of heari n g s, Jud ge
F lores a nd
t h e c ou r t s
Pretrial Serv i c e s D iv i sion, wh ich FLORES:
approves jail Judge finally
rele a se a nd agreed to
s u p e r v i s i o n release
plans for some

defendants, released Trujillo
from jail March 19 on $1 bail
and a GPS ankle monitor.
While out with this ankle
monitor on, he is accused of
driving drunk again
this time, police say, killing a
woman and a teen on July 12
and injuring six kids.
Court and police records
show some of the path that led
to his release, and it involves a
man with a past, a hasty hallway conversation, allegations
of improper conduct by court
staff, and a jury foreman sick
and angry over it all.
A mess of cases
Three girlfriends in Trujillos past have made similar
allegations that he stalked,
threatened and violently
harassed them.
Most recently, Trujillo, 36,
had three pending domestic
violence cases with the same
woman, with whom he has a
4-year-old son.
Two of the cases are pending
in District Court before Judge
Flores, and it is in one of them
that she authorized a Pretrial
Services officer to sign him
out of jail without bail.
In one of the cases, he is
alleged to have attacked his
girlfriend at home in 2012,
smashing out her windows
with his fists and trying to
pull her out through the broken glass before entering the
home, pouncing on her and
beating her and smashing her
head into the pavement while
she held their terrified toddler
son.
In the other case, he is
alleged to have been drunk
when he surprised her while
she slept, forcing painful sex
acts while choking her and
punching her head until her
cries woke Trujillos sister,
who stopped the attack.
Trujillos sister, Margaret,
told the Journal on Tuesday
that her brother is a good
guy.
He works. He just got married, she said.
Trujillo has been married
twice before. Police said he
works for a construction

company.
The third case went to trial
in Metro Court in August, and
the result played a consequential role in his release onto the
ankle monitor.
Dropped the ball

On May 5, 2013, Trujillos
ex-girlfriend called police
to make a final report about
harassing phone calls she
said she had been receiving
from Trujillo at all times of
day and night even though she
had changed her phone number. She told police she had an
extensive history of domestic
violence with Trujillo, including the rape and beating cases.
The case went to trial in
Metro Court in August, but
prosecutors did not provide
the jury with phone company
records, only a handwritten
call log from the woman. Also,
the officer in the case did not
show up for the trial, leaving
only the woman to testify.
The jury found Trujillo not
guilty.
The jury foreman recently
told the Journal that his jury
peers were ready to convict
Trujillo but prosecutors and
police dropped the ball.
The police officer had her
write this stuff down, but, my
God, in this day and age, why
didnt they have the records?
the foreman said. But none
of that was presented. That
would have been a shut case.
The District Attorneys
Office told the Journal last
week that police didnt get the
log or ask for a subpoena. The
woman was unable to get the
log herself. And by the time
prosecutors asked the cellphone company, the company
had deleted the records. As is
often the case, fair trial laws
prohibited prosecutors from
presenting Trujillos criminal
history.
Though not guilty of these
charges, Trujillo remained in
jail awaiting trial on the rape
and beating charges.
Asking for release

State District Judge Ross
Sanchez initially set Trujillos
bail in the rape case at $50,000
and ordered pretrial monitoring in the event he was able to
post bond. Another judge had
set bail at $1 in the beating
case a separate incident
with the same victim.
When Flores received the
rape case, she upped Trujillos
bail to $100,000, cash-only.
He had been in jail for about
five months when his attorney
in both cases, Stefanie Gulley,
requested that his $100,000
cash-only bail in the rape case
be lowered or that he be let out
of jail without bail and onto a
pretrial monitoring plan.
The $100,000 cash-only bail
at that point was an unconstitutional hold on her client,
Gulley told the Journal last
week.
Despite what a defendant
is charged with, they are
afforded the opportunity to
reasonable bond, Gulley said.
Thats my job, to uphold the
Constitution.
The State Supreme Court in
a 2014 decision said that under
New Mexicos Constitution
judges cant use the severity
of the charges to set a high
bail. Instead, judges are supposed to set bail to assure the
defendant shows up in court,
limiting them to factors that
establish a flight risk, such as
bench warrants for failing to
appear in court or follow court
orders.
Trujillo had 33.
Both the alleged victim and
prosecutors told Judge Flores
in a June 28, 2014, hearing
that it wasnt safe to release
Trujillo.
So Flores, balancing Trujillos rights with the likelihood Trujillo would appear
for trial, declined to release
him without bail, but she did
lower the bail in the rape case
to $80,000 and requested pretrial monitoring and a GPS
ankle monitor if he was able
to post bond.
He stayed in jail.
Gulley says pretrial officers
then should have conducted
an interview with Trujillo, but
they didnt.
So she came back again to
ask for his release Oct. 28,
2014.
Attacking the victim

The alleged victim was in
Flores courtroom Oct. 28 to
hear Gulley tell how Trujillos
mother had suffered strokes
and undergone surgery, and
Trujillo needed to get out of
jail to take care of her.
Prosecutors objected again.
The alleged victim said again
that she was afraid Trujillo
would follow her and their
son.
Even when he is out, we
could still run into each other,
so Im not, I dont want to stop
my life just for him. I would
accomplish more with him in
custody than when he was out,
and I feel safer, she told the
judge.
At this point, Gulley told the
courtroom that the alleged victim was found to be uncredible by the Metro Court jury
in the phone harassment case.
The foreman of that jury
told the Journal that characterization was inaccurate and
it made him sick and angry
that it was used to try to get
Trujillo out of jail considering what police say Trujillo
did once out.
I wouldnt say she (the
woman) was unreliable. Clearly, I would say the police and
prosecution were delinquent,
the foreman said last week.
Im sick of what happened
(after Trujillo got out).
Despite Gulleys argument,
At the time of Gulleys allegation, Judge Flores asked to

talk with the accused pretrial
officer, but she was unavailable, so the court called in
another Pretrial Services
employee to answer questions.
Reverse course
Suspected drunken driver Steven Trujillo makes his first video

court appearance last month, clutching his side because of
an injury he sustained in the crash that killed two people and
injured seven.
Judge Flores decided to keep

the $80,000 bail in place while
asking Pretrial Services for
screening to see whether Trujillo could qualify for what is
called third-party release in
which an officer from Pretrial
Services signs the defendant
out of jail and starts immediate supervision.
Flores ordered that if Pretrial Services approved his
release that Trujillo would
be released without posting
bail but would have an ankle
monitor and a supervision
program.
District Court would not
allow pretrial services to be
interviewed by the Journal.
In written responses to questions, the court provided a
summary of procedures for
Pretrial Services.
It said the programs officers
look at several factors in determining eligibility for release,
including appropriate housing, whether the defendant
can benefit from various services such as mental health
or drug counseling, the risk
to the community, and community ties.
Gulley said that Pretrial
Services finally interviewed
Trujillo, after she pressed
them, only to determine he
wasnt qualified for release.
Cour t documents dont
explain why, or when, that
decision was made.
A District Court spokesman,
who said he cant comment

on pending cases, would not
say why Trujillo was found
unqualified for release or
why five months later Pretrial
Services staff would change
their mind.
Closer to release
Gulley came back to court
on March 19, 2015, for her
third request to release Trujillo, reiterating that a Metro
Court jury flat out did not
believe (the womans) testimony, and her credibility was
called into question, in the
other case.
Gulley, though, added a surprise allegation that the Pretrial Services officer on Trujillos case was friends with
the alleged victim, who was
not present at this hearing.
Prosecutor Sarah Coffey
again told Flores that she
strongly opposed Trujillos
release, citing his history of
cases and his pattern of picking up new charges while out
of jail on other charges. She
also said she did not oppose a
new pretrial officer rescreening Trujillo.
Court spokesman Korte said
in an email last week that the
employee subsequently was
asked about this and told her
supervisor that no relationship existed nor currently
exists with the alleged victim. Another officer has since
been appointed.
TONIGHT 7:30 PM
Simms Center at ABQ Academy
Carnage
Trujillo was wearing that
ankle monitor on July 12
when, just after midnight, he
was arrested after police say
he drunkenly ran a red light
while fleeing sheriffs deputies
in the South Valley. His borrowed construction work
truck smashed into an SUV
full of seven unbuckled children and two women, deputies
said.
The children were thrown
from the vehicle and seriously
injured.
Mary Soto, 31, and a 13-yearold boy were pronounced dead
at the scene, which sheriffs
deputies described as one of
the worst crashes theyve ever
seen. Two children are still in
the hospital.
Trujillo is now back in jail
on a no-hold bond and with
another pending case, homicide by vehicle DWI.
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Trujillos fate and that of

a vanful of kids flipped in
less than 30 minutes.
Within half an hour of the
call, the summoned pretrial
employee, Dawn Smith, was
meeting with Gulley in the
hallway, according to Gulley
and court records.
Within minutes, Smith
entered the courtroom and
told the judge the pretrial
program had changed its mind
and would themselves sign
Trujillo out of jail on thirdparty release.
And just like that, the judge
reversed course and authorized Pretrial Services to sign
Trujillo out of jail without
posting bond.
He did post the $1 bond in
the beating case. And he did
promise to stay away from the
alleged victims in the case,
including his son. He also
promised to not stay out after
8 p.m. and to not drink. And he
would wear an ankle monitor.
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BRING ON
In theaters
THE IRISH
Read the reviews for The Man

from U.N.C.L.E. and The Gift
UNM to play Notre Dame

in 2019 SPORTS >> D1
VENUE
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$1.00
ALBUQUERQUE
JOURNAL
FRIDAY
AUGUST 14, 2015

FINAL
ESTABLISHED
1880
Keeping
p g
dangerous
g
defendants
behind bars
EPA: Lead, arsenic levels

soared in hours after spill
Groupp suggests
gg overhaul
of state bail bond system
y
COURTESY OF KAFB
Secretary of the Air Force Deborah Lee

James speaks at Kirtland Air Force Base
on Thursday during a gathering attended
by city, state and federal officials to celebrate the long-awaited extraction of water
contaminated by a fuel spill on the base.
BY MIKE GALLAGHER
JOURNAL INVESTIGATIVE REPORTER
A committee appointed by
the New Mexico Supreme
Court is recommending that
the state Constitution be
amended to allow judges to
keep violent criminal defendants in jail without bail if
they are a flight risk or pose a
significant danger to an individual or the community.
The so-called preventive
detention provision would be
just one part of an overhaul of
the pretrial release system that
also would allow less dangerous offenders out of jail without having to pay bail bond
companies to post their bail.
Bail bond industry representatives immediately assailed
the recommendation, pledging
to fight the proposal.
The issue has come to the
forefront recently after a state
Supreme Court decision reinforcing the state constitutional
right to reasonable bail in all
but capital murder cases, along
with a number of high-profile
crimes committed by defendants who have bonded out,
been released on recognizance
or had been released from jail
under supervision.
Police and advocates for
domestic violence victims also
have been critical of what they
call the catch-and-release
See GROUP >> A2
Pact made
to settle San
Juan dispute
Compromise covers
future use of coal
BY KEVIN ROBINSON-AVILA
Public Service Company of

New Mexico and four other
parties signed an agreement
on Thursday to end their dispute over the future of the coalfired San Juan Generating Station near Farmington.
The settlement resolves all
outstanding disagreements
among the parties, potentially
paving the way for the state
Public Regulation Commission
to approve PNMs plan to shut
down two of the power plants
four generating units to meet
federal haze regulations.
Environmental, clean energy
and consumer organizations
had opposed PNMs proposals
for San Juan, largely because
the utility and its parent firm,
PNM Resources, wanted to
acquire 197 megawatts of
See PACT >> A2
Fuel cleanup
work at base
celebrated
Gov. Martinez joins other officials
during ceremony at treatment site
BRENNAN LINSLEY/THE ASSOCIATED PRESS
Water flows down Cement Creek on Thursday just below the site of the blowout at the Gold King
mine, which triggered a major spill of toxic wastewater outside of Silverton, Colo.
Metal levels were hundreds times safety standards

JOURNAL AND WIRE REPORT
River-water testing released

Thursday showed soaring levels of lead, arsenic, cadmium
and other heavy metals when
the sickly-yellow Gold King
Mine plume of waste first flowed
through Colorado and into New
Mexico and Utah last week.
The metals far exceeded government exposure limits for
aquatic life and humans in the
hours after the Aug. 5 spill,
which sent 3 million gallons of
wastewater through three Western states and the Navajo Nation.
Lead was 3,580 times higher than federal standards for
human drinking and arsenic
823 times the level for human
ingestion.
The Environmental Protection Agency, which released
the results under increasing
political pressure, also said its
analysis shows the heavy metals
quickly returned to pre-event
levels once the plume passed
through the area tested, on the
Animas River between Silverton, Colo., and the downstream
municipal water intake for
Durango.
No EPA results for the Animas and San Juan rivers in
New Mexico were available yet,
but preliminary data for the
first few days after the spill from
Farmington and state Environment Department testing showed
unsafe levels of lead.
EPA chief Gina McCarthy, in
Farmington on Thursday, told
local, state and tribal officials
that the improving results show
the river is restoring itself.
It gives us a sense that we are
on a different trajectory than
we were before, but clearly we
INSIDE
Reckless and irresponsible

New Mexico Environment Secretary Ryan Flynn blasted
Colorado Gov. John Hickenlooper late Wednesday for drinking
river water outside Durango after it was treated with iodine
to kill giardia and E. coli to show it was safe.
Flynn called it a reckless and irresponsible act by a public
official.
(Hickenlooper) might as well stick 15 cigarettes in his mouth
and light them all at the same time and take a picture about
how thats good for you, Flynn said.
He said no one should be drinking river water under the best
of circumstances, and that Hickenloopers actions could send
the wrong message to parents and children.
need to continue to work, not
just short term, to look at every
segment of the river moving forward, McCarthy told the Farmington Daily Times.
She also announced that the
EPA has released $500,000 to
help supply clean water for crop
irrigation and livestock in northSee EPA >> A5
Hotline,
test results
Results of tests of river water
in New Mexico can be found at
nmedriverwatersafety.org.
The EPA has a hotline
residents can call for
questions, 1-844-607-9700.
BRIDGE
B5
EDITORIALS
A8
MOVIES
C4
FETCH!
B4
OBITUARIES
COMICS
B6
HOROSCOPE
B5
STOCKS
LEGALS
C6
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Gov. Susana Martinez, the secretary of

the Air Force, and city, state and federal
officials came together Thursday at Kirtland Air Force Base to celebrate the longawaited extraction of water contaminated
by the KAFB fuel spill.
Were committed to protecting our precious water supply, Martinez said. Weve
taken the initiative and worked closely with
the Air Force. Im pleased that they have
stepped up and started the work required
by my administration to clean up the fuel
leak, and Im looking forward to continued
progress.
Deborah Lee James, who has been secretary of the Air Force for 20 months, said the
New Mexico congressional delegation let her
know about the Kirtland fuel spill early on.
They spoke to me in a rather aggressive
and loud fashion, she said. I said, Lets get
on this. Enough time has gone by.
The cleanup projects first extraction well,
in a church parking lot at 6200 Gibson SE,
started pulling water tainted by the spill out
See FUEL >> A4
SHAUN STANLEY/THE DURANGO HERALD
CLASSIFIEDS
CROSSWORD
BY OLLIE REED JR.
VENUE
C2
B2
Presbyterians
firing of medical
pot user upheld
Attorney: Courts decision is
on the wrong side of history
BY RICK NATHANSON
A state district judge on Thursday upheld

the firing of a physicians assistant by Presbyterian Healthcare Services because the
woman, a registered medical marijuana
patient, tested positive for marijuana while
on the job.
Her attorney said the courts decision is
on the wrong side of history and out of
step with the new civil rights movement
that is medical marijuana.
But Presbyterian Healthcare Services
spokeswoman Amanda Schoenberg said
that under federal law, Employees and
contracted personnel are required to demonstrate that they are drug-free as a condition of working at Presbyterian.
At the conclusion of an hourlong hearing, 2nd Judicial District Judge Nan Nash
See PRESBYTERIANS >> A4
A2
ALBUQUERQUE JOURNAL
ll
FRIDAY, AUGUST 14, 2015
Group suggests overhaul of state bail bond system

From
m PAGE A1
system
y
currently
y in p
place, in
which defendants post
p
bail and
are back on the streets shortly
after their arrest.
The committee on a vote of
7-2 approved
pp
a letter that recommends the Supreme
p
Court
pursue a constitutional amendp
ment that would p
permit New
Mexico jjudges
g to detain defendants pending
p
g trial in cases in
which there is no type
yp of p
pretrial release and/or conditions
of pretrial
p
release that will
reasonably
y assure the defendants appearance
pp
in court or
the safety
y of any
y other person
and the community.
y
The committee decided not
to draft a specific
p
amendment,
leaving
g that job
j to the Supreme
p
Court, Administrative Office
of the Court and the Legislag
ture. A constitutional amendment would require
q
approval
pp
first by
y the Legislature
g
and
then by
y the voters.
Leo Romero, a former University of New Mexico Law
I really
y dont think it has
a chance, Madrid said. The
defense attorneys
y will be
opposed
pp
to it. Many
y legislators
g
will oppose
pp
it because it does
away with the right to bail.
the common p
practice of setting
g bail bonds to keep
p defendants in jjail p
pending trial was
unconstitutional.
And the committee has been
looking
g to actions taken in other states, such as New Jersey,
y
More changes
that have overhauled rules on
pretrial confinement and bail
The recommendation for a p
bonds.
ROMERO:
MADRID: Bail constitutional amendment is
The committee is reviewthe
first
in
what
is
expected
p
to
Proposal has bond indusg other recommendations,
be a series of recommendations ing
a long way
try is under
some that would substantially
y
from
the
committee
to
reduce
to go
assault
the use of commercial bail reduce the role of bail bond
School dean who is chairman bonds by
p
including
g the
yp
people
p charged
g with companies,
of the committee, told the crimes to g
release of first-time defendants
get out of jjail.
Journal that there is a long
without bail who are charged
g
The committee also approved
pp
way to go for an amendment a letter asking
with nonviolent misdemeanors
g the Supreme
p
to come before voters.
Court to seek leg
g islative ((other than drunken driving
Two bail bondsmen on the approval
pp
to create a central arrests).
comm ittee voted aga inst criminal records repository
p
y
approval.
that would g
give jjudges
g timely
y Brown decision
Gerald Madrid, a prominent access to the criminal backThe court established the
Albuquerque bail bondsman g
grounds of defendants appear- committee to look into overand committee member, said ing
g before them.
hauling
g the bail-based p
prethat the state Supreme Court
The committee has been trial release system
y
because it
has put the entire bail bond holding
g p
public meetings
g for currently
y runs afoul of a rulindustry under assault and several months studying
y g how ing
g the court made last y
year.
that he doesnt think a con- the states jjudiciary
y can com- That ruling
g created confusion
stitutional amendment would p
ply
y with a state Supreme
p
Court among
g jjudges
g throughout
g
the
survive the legislative process. ruling last year that found state on how they should set
bail bonds.
The Supreme
p
Court made
its ruling
g in a case in which a
19-year-old
y
Walter Brown was
charged
g with murder and was
in p
pretrial custody
y for three
years because he couldnt p
y
pay
the $250,000 cash-only
y bail.
The court ruled that the
trial jjudge,
g now-retired District Judge
g Kenneth Martinez, denied any
y other type
yp of
release for Brown because of
the nature of the charges.
g
The unanimous opinion,
p
written by
y Justice Charles
Daniels, brought
g
into q
question widespread
p
bail bond
practices, including
p
g the use of
bond schedules approved
pp
by
y
local courts that are used to
allow bail bond companies
p
to
post bail for defendants before
p
they
y are arraigned before a
judge.
g
The court found that Martinez ignored
g
testimony
y that
Brown was likely
y to comply
py
with terms of release recommended to the jjudge.
g
The
charges against Brown were
eventually dismissed, in part

because it took too long to
bring the case to trial.
The opinion said judges
were setting bail based on the
nature of the criminal charge,
ignoring the state Constitution, previous court rulings
and court rules requiring that
judges tailor the least restrictive conditions of release to
ensure community safety and
the defendants appearance at
trial.
The ruling said that criminal defendants under the state
Constitution are entitled to a
reasonable bail bond based
on an individual assessment on
the likelihood that the defendant would flee or present a
threat to an individual or the
community.
The bail bond industry from
around the state has protested
some committee proposals and
rule changes that would allow
more people arrested to be
released on their own recognizance without bail..
Pact made to settle dispute over future of San Juan Generating Plant
From PAGE A1
excess coal generation that will

be left behind in one of the two
remaining generators after
some plant co-owners depart
from the facility. Those groups
wanted PNM to shut down
more of the plant and require
PNM to instead seek solar and
wind power to replace the lost
coal generation.
But the new accord ends that
opposition, allowing PNM to
take ownership of the additional 197 megawatts to keep San
Juans two remaining units
fully operational. In exchange,
PNM has agreed to:
n A new PRC review in 2018
over whether more or all of
San Juan should be shut down
after 2022, when the current
partnership among plant coowners expires and PNMs coal
supply contract for the facility
comes to an end.
n A simultaneous review in
2018 of alternative sources of
energy to fully assess the costs
and benefits for replacing more
San Juan generation in New
Mexico.
n A commitment by PNMs
parent firm not to acquire any
Juan. And some groups remain

opposed, such as the Santa Febased environmental group
New Energy Economy.
Public Service Company of New Mexico has withdrawn
But the accord includes key
from a lawsuit originally filed by the Public Regulation Comparties in the case. Besides
mission to prevent the Santa Fe New Mexican from publishPNM, the agreement was
ing utility-related information it obtained by mistake.
signed by the PRCs utility
The PRC itself voted Wednesday to withdraw its suit, and
staff, the New Mexico AttorPNM and two other parties in the case BHP Billiton and
ney Generals Office, Western
Westmoreland Coal Co. all withdrew on Thursday.
Resource Advocates and the
The newspaper had obtained contracts filed under seal
Coalition for Clean Affordwith the PRC outlining Westmorelands stock purchase
able Energy, which represents
agreement with Billiton to acquire the San Juan Coal Mine
12 environmental and cleanand outlining the terms and conditions of a new coal supply
energy organizations.
agreement between Westmoreland and PNM for the San
Also, the Albuquerque BerJuan Generating Station.
nalillo County Water Utility
The newspaper published the information Wednesday
Authority, which had opposed
evening.
a previous settlement on San
PNM, however, said it reserves the right to take legal
Juan after PNM announced its
action in the matter in the future.
plans to absorb all excess capacity at the plant, says it will now
withdraw its opposition.
more coal capacity at San Juan of extra power from the Palo
PNM Resources President,
or any other plant apart from Verde Nuclear Generating Sta- Chairman and CEO Pat Vinthe excess capacity now being tion in Arizona that PNM plans cent-Collawn called the agreeto bring onto the New Mexico ment a win for customers, the
acquired.
n Procurement of renewable
grid to replace lost generation environment and jobs.
energy credits for clean power after half of San Juan is shut
I appreciate the willingness
development equivalent to the down in 2017.
of the parties to collaborate to
197 megawatts of excess capacThe agreement must still be reach a fair settlement that
ity being absorbed at San Juan. reviewed in a public hearing, incorporates the best interests
n PNMs acceptance of the
now scheduled for Sept. 30, of electric customers, addressnet book value of $1,100 per before the PRC makes a final es federal environmental
kilowatt for 134 megawatts decision on PNMs plan for San regulations, and protects the
economy of the Four Corners

region and the state, VincentCollawn said in a statement.
The settlement ref lects
significant compromises by
both PNM and the other parties. If approved by the PRC,
the agreement allows PNM to
continue operating two units
at San Juan, at least until 2022.
In addition, it endorses the utilitys plan to install pollution
controls on the remaining two
units to meet federal environmental regulations while guaranteeing that it will recover
that investment by 2022.
On the other hand, PNM
made some substantial concessions. Apart from evaluating
whether to shut down more of
San Juan in the coming years,
PNM agreed to spend up to $7
million per year on renewable
energy credits to match the
excess coal capacity its absorbing at San Juan.
For every megawatt hour
of coal generation produced at
San Juan, we now have a guarantee that a megawatt hour of
renewable energy will likewise be produced, said Steve
Michel, chief counsel for Western Resource Advocates.
PNM withdraws from suit
THE LIGHTER SIDE

God bless America, and hows everybody?
n Straight Outta Compton opened in theaters,
about the legendary rap group NWA that burst
into stardom in the 90s. They
A RG U S
were rich, wore flashy jewelry,
H A M I LT O N
sassed women and ridiculed
enemies. Their music faded
into history, but a white
guy whos doing their act
is leading the GOP polls by
double digits.
HOW TO REACH US
bidders. His empire grows as he campaigns.
It only justifies a suspicion about Donald
Trump that he doesnt really want to be elected
president; he wants to acquire the United States
in a hostile takeover.
ALBUQUERQUE JOURNAL
Hillary Clinton gave her Chappaqua home

server to the FBI amid reports there is secret
intelligence on it. We all know whats next.
Forget the secret intelligence; once the FBI
releases Bill Clintons browser history over the
past 10 years, the sympathy backlash will sweep
Hillary into the White House.
ABQJournal.com
The Barack Obama Foundation elected three

board members Thursday who will help raise
$500 million to build the Obama presidential
library on the University of Chicago campus. He
was a law lecturer there for 12 years. He taught
the How to Avoid the Constitutional Law course.
Donald Trump negotiated to buy Colombias

soccer club Athletic National against other

in Hollywood. E-mail him at Argus@ArgusHamilton.com.
TODAY IN HISTORY
TODAY IS FRIDAY, AUG. 14, the 226th day of
TODAYS HIGHLIGHT IN HISTORY: On
this date in 1945, President Harry S. Truman
announced that Japan had surrendered
unconditionally, ending World War II.
In 1848, the Oregon Territory was created.
In 1900, international forces, including U.S.
Marines, entered Beijing to put down the Boxer
Rebellion, which was aimed at purging China of
foreign influence.
In 1935, President Franklin D. Roosevelt signed
the Social Security Act into law.
In 1944, the federal government allowed the
manufacture of certain domestic appliances,
such as electric ranges and vacuum cleaners, to
resume on a limited basis.
In 1947, Pakistan became independent of British
rule.
In 1975, the cult classic movie musical The
Rocky Horror Picture Show, starring Tim Curry,
Susan Sarandon and Barry Bostwick, had its
world premiere in London.
In 1980, workers went on strike at the Lenin
Shipyard in Gdansk, Poland, in a job action
that resulted in creation of the Solidarity labor
movement. Actress-model Dorothy Stratten, 20,
was shot to death by her estranged husband and
manager, Paul Snider, who then killed himself.
In 1989, South African President P.W. Botha
announced his resignation after losing a bitter
power struggle within his National Party.
In 1995, Shannon Faulkner officially became the
first female cadet in the history of The Citadel,
South Carolinas state military college. (However,
Faulkner quit the school less than a week later,
citing the stress of her court fight and her
P.O. Drawer J
isolation among the male cadets.)

TODAYS BIRTHDAYS: Broadway lyricist Lee
Adams (Bye Bye Birdie) is 91. Pulitzer Prizewinning author Russell Baker is 90. Singer Buddy
Greco is 89. College Football Hall-of-Famer John
Brodie is 80. Singer Dash Crofts is 77. Rock
singer David Crosby and country singer Connie
Smith are 74. Comedian-actor Steve Martin is
70. Actor Antonio Fargas, singer-musician Larry
Graham, actress Susan Saint James and actor
David Schramm are all 69. Author Danielle Steel
is 68. Rock singer-musician Terry Adams (NRBQ)
and Far Side cartoonist Gary Larson are 65.
Actor Carl Lumbly is 64. Olympic gold medal
swimmer Debbie Meyer is 63. Actress Jackee
Harry is 59. Actress Marcia Gay Harden and
basketball Hall of Famer Earvin Magic Johnson
are 56. Singer Sarah Brightman is 55. Actress
Susan Olsen is 54. Actress-turned-fashion/interior
designer Cristi Conaway and rock musician
Keith Howland (Chicago) are 51. Actress Halle
Berry is 49. Actor Ben Bass (TV: Rookie Blue),
actress Catherine Bell and country musician
Cody McCarver (Confederate Railroad) are 47.
Rock musician Kevin Cadogan is 45. Actor Scott
Michael Campbell is 44. Actress Lalanya Masters
is 43. Actor Christopher Gorham is 41. Actress
Mila Kunis, actor Lamorne Morris (TV: New Girl)
and TV personality Spencer Pratt are 32. NFL
quarterback Tim Tebow is 28.
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Vermont socialist Bernie

Sanders went roaring
past Hillary Clinton in New
Hampshire as Donald Trump
led the GOP field. Our next president could be
Bernie Sanders or Donald Trump. Americans
are just starting to realize we had it much better
when we were ruled by a mad English king.
n
Under the settlement, PNM

is also accepting substantially
less compensation for the nuclear power it brings from Palo
Verde, since the net book value
for that energy is about $550 per
kilowatt less than what PNM
hoped to charge ratepayers.
Perhaps the key factor that
won backing from environmental groups is the promise
that more San Juan generation
could be replaced with renewable energy in coming years.
We signed on to the settlement because it will result
in the shutdown of two units
at San Juan and provide a
path for retiring the remaining units in 2022, said CCAE
attorney Chuck Noble. There
will be proceedings beginning
in 2018 to review whether the
remaining units should continue operating.
The settlement establishes a
potential transition away from
coal in New Mexico, Michel said.
Wed like to see PNM move
away from coal as quickly as
possible, but we cant do it all
at once, so this at least provides
a pathway for the future, he
said.
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Push goes on for New Mexico

residents to conserve water
even though severe drought has
disappeared
Page C3
SECTION C | FRIDAY, AUGUST 28, 2015 | ALBUQUERQUE JOURNAL
State senator will sponsor amendment on bail

Supreme
p
Court
favors reform move
BY MIKE GALLAGHER
Describing the states bail

bond system as broken, Sen.
Peter Wirth, D-Santa Fe, says
he will sponsor a constitutional amendment proposed
by the state Supreme Court
that would allow judges to
hold dangerous defendants or
those who pose a flight risk in
jail without bail pending trial.
The proposed amendment,
which is being drafted, also
will provide assurances that
defendants who qualify for
pretrial release will not be

held in jail simply because
t hey c a nt
afford to post
bond.
Artie Pepin,
director of the
Ad m i n ist rative Office of
t he C ou r t s,
said during a
news conference Thurs- WIRTH:
day that the Wants judges
cou r t s f ive to have more
justices voted discretion
unanimously
to support the amendment.
Wirth, a member of the Senate Judiciary Committee, said
he would introduce the amend-
ment as a joint resolution at

the end of October before the
Legislatures Courts, Corrections and Justice Committee.
The joint resolution would
have to pass both the House
and Senate in next years
30-day session before it would
go to voters in November.
Wirth said he doesnt have
cosponsors for the amendment
but hopes to build support in
the coming months.
The portion of the amendment dealing with pretrial
detention without bail is
expected to face opposition
from criminal defense attorneys. The entire amendment
is opposed by many in the bail
bond industry, who see it as an
assault on their business.

Defendants should never
be denied bail solely because
they cant pay, Wirth said.
And judges should not have to
grant bail when the evidence
clearly demonstrates a defendant is a flight risk or a danger
to society.
The amendment wou ld
require a hearing for a judge
to determine if a defendant
is a flight risk or a danger to
society.
The current system allows
a person with financial means
to buy their release from jail,
no matter how dangerous they
might be, Pepin said.
Last year, the Supreme
Court found that judges had
been setting high monetary

bail bonds to keep defendants
locked up and that the practice
violated the states Constitution, which requires reasonable bail for virtually every
defendant.
The exceptions under the
constitution are narrow, Pepin
said.
The ruling created confusion among judges around
the state, and the Supreme
Court appointed the Ad Hoc
Pretrial Release Committee
to address issues raised by
the courts ruling. The committee recommended a constitutional amendment earlier
this month.
The committee chair, former
A CALL FOR PEACE
University of New Mexico law

school Dean Leo Romero, said
the committee is working on
a number of other recommendations involving the release
without bail bonds of low-risk
defendants.
The committee is also looking at the long-standing practice of jailhouse bail bond
schedu les author ized by
courts around the state that
link the amount of a bail bond
to a criminal charge.
Romero said that practice
is in conflict with Supreme
Court decisions, which order
judges to make individualized
decisions for each defendant
as to bail bonds or conditions
of pretrial release.
County looks
at lawsuit to
recover funds
$17 million in investments
lost last year in meltdown
COPYRIGHT 2015 ALBUQUERQUE JOURNAL
BY DAN MCKAY
Sally Alice Thompson, left, and Dr. Hakim Zamir, center, release white doves symbolizing peace prior to the start of a presentation
by former CIA agent turned peace activist Ray McGovern at Albuquerque Mennonite Church on Thursday.
City activities held in honor of 85-year-old federal law aimed at ending U.S., world wars
BY MAGGIE SHEPARD
An 85-year-old federal law

aimed at ending American and
world wars while unsuccessful is still worth attention,
Albuquerque City Councilors
declared this month, naming
Aug. 27 as Rededication to the
Kellogg-Briand Treaty Day.
Also in honor of the KelloggBriand Pact, signed in 1928,

internationally known CIA
agent turned peace activist Ray
McGovern visited Albuquerque
as part of his work fighting
against out-of-control military
spending and U.S. military
policies that he said are undermining American security by
causing the deaths of innocent

people and fueling terrorism.
The nation spends billions
of dollars on bombs ... that we
dont need, he told a crowd of
about 70 gathered Thursday
afternoon for reception hosted
by the area chapter of Veterans
for Peace. He urged nonviolent
federal policies toward other
nations.
City Council President Rey
Garduo presented the citys
proclamation, part of which
reads, The City of Albuquerque encourages all citizens
on this anniversary date of
August 27th to rededicate their
See CITY >> C3
No contest plea to sexual contact, murder charges

Man faces sentence
of 21 years in prison
BY SCOTT SANDLIN
Edward Quintana, accused of

shooting the father of a child who
confronted him about alleged
abuse of his son, pleaded no contest Thursday to criminal sexual
contact with a minor and seconddegree murder of the dad, Jason
Estrada.
Quintanas family insisted he
had not molested the boy and
had been a good father to his own
children.
The shooting took place at Estradas home in the South Valley.
The plea agreement means Quintana, 31, faces at least another

decade in prison on top of the twoplus years he has been in custody
while the criminal charges were
pending in two separate cases.
The agreement is for a sentence of
21 years six for criminal sexual
contact and 15 for second-degree
murder. Sentencing is set for Sept.
9 before 2nd Judicial District Judge
Jacqueline Flores.
Quintana was assisting the U.S.
Drug Enforcement Administration with a drug investigation at
the time of the shooting incident
in the 1500 block of Atrisco SW on
April 3, 2013, according to a civil
lawsuit filed against the federal
government. It alleges that Quintana was deactivated the day
Led Zeppelin on silver

screen
Flying the
colors
The flag is to
be flown at full
staff today.
The KiMo Theatre continues its

nostalgic Rock n Roll on Film series
with Led Zeppelin: The Song Remains
The Same at 6 p.m. Saturday. The
film was released in 1976 and features
concert footage that was filmed
over three nights at Madison Square
Garden in 1973. Songs performed
include Stairway to Heaven, No
Quarter, Since Ive Been Loving You
and The Rain Song. Its rated PG
for some crude language. For more
information or tickets, go to www.
kimotickets.com. Doors open at 5:30.
after the shooting.

Quintana was charged with
first-degree murder and felon in
possession of a firearm in a May
2013 indictment.
A cour t f iling
says Qu intana
went to Estradas
home to confront
h i m about a n
allegation that
he had molested
Estradas son, and
the two got into a
fight that spilled Q U I N TA N A :
into the driveway, Is a member
where Estrada of the Southside gang
was shot.
Quintanas wife,
Nadine, said she believes her husband was in fear for his life and
that he had cried when he learned

Estrada had died from his wounds.
He pled no contest to something
he didnt do, Quintanas sister
Janis said.
Prosecutors said Estrada was a
member of the Southside gang with
convictions for possession, tampering with evidence and aggravated
battery against a household member in 2002, 2004 and 2005. They
said he violated probation four
times following his release in the
battery case, landing at the Metropolitan Detention Center when the
probation was revoked.
Erlinda Johnson, who represents
the Estrada family in the federal
civil lawsuit, said a prepared video
statement by the child victim will
be presented at sentencing.
Bernalillo County commissioners will meet

behind closed doors next week to consider
whether to file a lawsuit aimed at recovering some of the millions of dollars lost in the
countys investment meltdown.
The county Legal Department has been
analyzing the possibility of a claim against
brokers who handled transactions for County
Treasurer Manny Ortiz and his former investment officer, Patrick Padilla, himself a former
county treasurer.
The commission scheduled a closed meeting
on Tuesday to discuss the potential lawsuit.
State law allows public bodies to meet in closed
session to considered threatened or pending
litigation.
Bringing the claim itself is a big decision,
County Attorney Randy Autio said, and its
costly, so you have to weigh very carefully your
belief on whether or not theres a good chance
of recovery.
The countys case would center on whether
the brokers should have known that the countys long-term investments which tied up
cash needed to pay monthly bills werent
appropriate.
When working with government agencies,
Autio said, brokers have a duty to make sure
that we are, as an entity, following our policies
and not making investments that are going to
damage us as an institution.
The county ended up selling investments at a
$17 million loss last year to restructure its portfolio to minimize risk and provide liquidity.
A variety of brokers were involved. The state
Securities Division last year accused two of
them of breaching their duties and proposed a
ban on allowing the brokers to trade securities
in New Mexico. The case is pending.
Foam-party plea
deal nets probation
BY ELAINE D. BRISEO
A man police accused of

selling the drugs that killed
a 14-year-old Santa Fe girl
who died of an overdose while
attending a rave in 2013 will
not serve any jail time in connection with the case.
Prosecutors said they didnt
STONE:
have enough evidence linking
Couldnt be
the suspect to the drugs that
tied to drugs
killed the teen.
in girls death
Sandoval County District
Judge Louis P. McDonald on
Monday sentenced Eric Nicolas Stone to three
years of supervised probation. Under a plea
agreement, Stone pleaded guilty to one count
of attempting to distribute a controlled sub-
Coming of Coronado
Join Angel Cervantes and the New Mexico DNA project for a
discussion of Coronados entry into New Mexico. Its from 2 to 4
p.m. Saturday at the Special Collections Library, 423 Central NE.
See FOAM PARTY >> C3
Quote of the day

The overall beer culture is
moving toward multiple areas
in the city, and the Northeast
Heights is underserved.
Broker Richard Gallegos
about Marble Brewery
planning to open a new
taproom near Eubank and
Montgomery.
THE NEXT CHAPTER
In 1998, seven girls adopted from China arrived in ABQ. This year, theyre all off to college
LIFE IN NEW MEXICO >> INSIDE
UNM mens
soccer team falls
to No. 1 UCLA
SPORTS >> C1
THE SUNDAY
JOURNAL
ABQJOURNAL.COM
$2.00
AUGUST 30, 2015

FINAL
ESTABLISHED
1880
KEEPING DANGEROUS DEFENDANTS
BEHIND BARS
GREG SORBER/JOURNAL
Chris Norton, regional director of the Veterans Benefits Administration, left, and Andrew
Welch, director of the New Mexico VA Health
Care System, recently discussed efforts to
reduce wait times for veterans seeking decisions on their disability claims or to get medical appointments.
Shorter
wait times
for veterans
DEAN HANSON/
JOURNAL
Amendment would
allow some to be
held without bond
STORIES BY MIKE GALLAGHER
JOURNAL
L INVESTIGATIVE REPORTER
ince statehood, New Mexico

has relied heavily
y on bail
bonds to release p
people
p from
jail while awaiting trial
a system in which the amount of
bail was set with the twin goals of
protecting the public and making
sure defendants showed up for court.
Judges concerned about danger
to the community and the potential
of public backlash frequently set
sky-high bonds on people accused
of heinous acts without looking at
other factors. The bail bond industry, meanwhile, became ever more
innovative with marketing strategies like zero down with approved
credit for clients who needed to
bond out of jail.
A recent state Supreme

p
Court decision has turned that system
y
on its
head in a ruling
g that rocked the legal
g
community
y emphasizing
p
g that the
state constitution requires
q
reasonable bail for all defendants, with the
exception
p
of capital
p
crimes.
The ensuing
g debate is likely
y to
have a major
j impact
p
on how defendants awaiting
g trial are handled.
The Supreme
p
Court wants the
state constitution amended to allow
pretrial detention without bond for
p
defendants who pose a threat to the
community or are a flight risk to

show up in court.
That would involve a decision by
voters statewide on keeping some
dangerous accused criminals in jail
with no possibility of bail.
Meanwhile, judges continue to set
high cash-only bonds in some cases that virtually ensure a defendant
cant make bail.
For example, Donovan Maez, 18,
and Christopher Cruz, 21, are being
See KEEPING >> A4
DOUBLE TROUBLE FOR JUDGES

Neither bond nor bracelet
deters some criminals
GARCIA:
Bailed out on
3 different
felony cases
Jail inmates like Valentin Garcia

and Jamphal
p
Wangyal
gy are putting
p
g Bernalillo County
y District Court jjudges
g
between the proverbial rock and hard
place.
If a judge
j g sets a bail bond too high,
g
they
y are accused by
y defense lawyers
y
of violating Supreme Court decisions
WANGYAL:
Armed robbery spree,
15 assaults
NM Benefits, VA chiefs say they are

making progress after scandal of 2014
that say anyone charged with a crime

is entitled to a reasonable bond under
the New Mexico Constitution. Set bail
too low or allow release on recognizance, and the accused walks out the
revolving door to commit more crimes
or takes off.
And that means more victims, angry
cops and disgruntled voters.
Bail bondsmen claim pretrial
release without bond puts the community in danger because there is no
Reform
advocates
question
the Judicial
Systems
reliance on
monetary
bail bonds
for pretrial
release. Bail
bondsmen
say they are
under attack
as courts
seek changes in pretrial release
programs.

BY CHARLES D. BRUNT
The heads of the agencies that provide health

care and disability benefits for thousands of
New Mexico veterans say they are making
progress in reducing wait times for medical
appointments and speeding up decisions on
disability claims despite myriad challenges.
Andrew Welch, director of the New Mexico
VA Health Care System, and Chris Norton,
regional director for the Veterans Benefits
Administration, said they and their staffs
have made notable improvements in the past
two years and that veterans are beginning to
see the results.
The VA came under heavy scrutiny and
scathing attacks from veterans and Congress
in 2014 after an investigation found some VA
hospitals were using phantom appointment
lists to hide the lengthy waits veterans were
enduring to get medical services. Many VA
administrators received bonuses based on the
What is
State v.
Brown?
Opinion
said judges
ignored state
constitution,
past court
rulings when
setting bonds
based solely
on the criminal
charges.
Defendants
are entitled to
a reasonable
bail based on
an individual
assessment of
the likelihood
of fleeing or
being a threat
A4
See VETERANS >> A5
Blue Cross was faced

with losing situation
lue Cross and Blue Shield of New

Mexico will no longer sell to
individuals through the health
insurance exchange because it was
not allowed to raise its rates 51 percent.
Insurance Superintendent John Franchini
found that the company
could justify an increase
of no more than 24
percent.
The big question is
still unanswered: Of all
the insurers selling on
the exchange, why did
p ront
Blue Cross alone request
such a big increase? The
Winthrop
four other companies
selling exchange
Quigley
products to individuals
requested increases ranging from zero to 6
percent, according to Franchini.
Blue Cross has blamed what is known in
the industry as adverse selection. Company
officials say that, somehow, far more really
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THE SUNDAY JOURNAL
ALBUQUERQUE, AUGUST 30, 2015
Keeping dangerous criminals behind bars

From PAGE A1
held on separate
p
bail bonds
of $250,000 cash only
y for the
shooting
g death of Manzano
High
g School student Jaydon
y
Chavez-Silver, 17, in June.
They
y are among
g the almost
200 p
people
p being
g held at the
Metropolitan
p
Detention Center on bonds of more than
$100,000.
But defense lawyers
y
armed
with the recent Supreme
p
Court case have pounced,
p
aggressively
gg
y arguing
g
g for lower
bail under the ruling in State
v. Walter Brown.
Their p
point: Under Brown,
courts can no longer
g set bonds
based strictly
y on the nature of
the charges
g when setting
g bail
bonds or considering
g conditions of p
pretrial release other
than bail.
In essence, they
y argue
g
for
the lowest p
possible bond and
least restrictive conditions of
pretrial release.
The ruling
g is p
particularly
y
troublesome in rural New
Mexico, where jjudges
g are nonlawyer
y magistrates
g
and jjails
use p
pre-approved
pp
bond schedules based on the charge.
Bail bond push back

Bail bondsmen like Gerald
Madrid, of Gerald Madrid Bail
Bonds, said they
y believe the
Supreme
p
Court is trying
y
to put
them out of business.
Intent notwithstanding,
g
some court officials believe
the changes
g
they hope to
implement
could reduce
t he u s e o f
c om merc i a l
bail bonds by
y
8 0 p erc ent .
O t her s s ay
y
t he role of
ba i l bondsmen wou ld
be reduced,
MADRID:
but that there
Bondsman
wou ld be a
says bail is a
place for the
p
basic right
bail bond
industry.
y
A committee appointed
pp
by
y this y
year by
y the Supreme
p
Court after its decision in the
Brown case created confusion
on what the court intended.
For instance, the Administrative Office of the Courts, an
arm of the high
g court, issued
a letter telling
g local courts
that bail bond schedules used
at jjails around the state to
release p
people
p on bail before
arraignment
g
were no longer
allowed.
It begged
gg
the q
question of
what was supposed
pp
to happen
pp
in small towns with limited
jjudicial resources. The letter
was withdrawn a day
y later.
Defense attorneys
y insist that
the Brown case means that
anyone
y
charged
g with a crime
is entitled to release from jjail
prior to trial under the least
p
restrictive conditions and that
the seriousness of the charge
g
is no longer
g
an issue to be
considered.
Even before the Brown decision, the Bernalillo County
y
District and Metropolitan
p
courts working
g with the jjail
have been relatively
y successful in reducing
g the number of
people
p
p held on nonviolent and
minor charges
g at the Metropolitan Detention Center.
The p
problem is at the other
end of the crime spectrum
p
with drug
g dealers, rapists,
p
burglars
g
and armed robbers.
Police and some p
prosecutors
have criticized the ruling
g as
adding
g a revolving
g door on
jjails, where the arrested suspects walked out as fast as
p
police could arrest them.
In the face of the confusion
and criticism, the Supreme
p
Court created an ad hoc committee to review the states
pretrial release system
p
y
and
the use of bail bonds and make
Maany factors considered in setting bond

Forr all the confusion and different interpretations of State v. Brown, the Supreme
Courts ruling was simply to tell judges to
follow the courts rule on determining bond.
The court made its ruling in a case
in which 19-year-old Walter Brown was
charged with felony murder and was in
pretrial custody for three years because
he couldnt pay the $250,000 cash-only bond.
The court found that now-retired District
Judge Kenneth Martinez denied any other
type of release for Brown because of the
nature of the charges and failed to examine other factors, including ties to the community, past criminal history and whether
Brown was a flight risk.
Christopher Cruz, left, and

Donovan Maez are each
being held on $250,000
cash-only bonds in the June
shooting death of 17-year-old
Manzano High School student Jaydon Chavez-Silver.
recommendations to the court

on improving
p
g the system.
y
The committees open
p meetings
g attracted little attention
until earlier this month when
the group
g
p with vocal opposipp
tion from bail bond industry
y
members recommended
that the Legislature
g
and voters amend the state constitution to allow some form of prep
trial detention without bond
for defendants who pose
p
such
a threat, based on criminal
history
y and other factors, Or
defendants who are unlikely
y
to show up
p for trial. Think a
well-financed drug cartel guy
from Mexico.
The Supreme
p
Court acceptp
ed the committees recommendation, and state Sen.
Peter Wirth, D-Santa Fe, has
agreed
g
to carry
y the constitutional amendment to allow for
pretrial detention of dangerp
g
ous defendants and the right
g to
pretrial release for those who
p
cant afford bail bonds for low
risk defendants.
Thats not all

But the Supreme
p
Court committee is considering
g other
proposals
p
p
that would change
g
the way
yp
people
p are released
from jjail pendp
ing
g trial.
We h ave
a lot of other
changes
g on the
table that will
allow jjudges
g
to make the
best analysis
y
for m a k i n g
decisions on
ENGEL: We
how some have a lot of
one should be
other changr ele a s e d or
es on the
wh at bond s
table
to set p
prior to
trial, said Bernalillo County
y
Metropolitan
p
Court Judge
g
Sandra Engel,
g
a member of
the committee.
Many
y of those changes
g mirror what the courts in Bernalillo County
y have been working
g on for more than 18 months
under legislative
g
and Supreme
p
Court direction to end overcrowding
g at the Metropolitan
p
Detention Center and address
a backlogged criminal court
docket.
The options
p
for p
pretrial
release are expanding.
p
g People are still released on bail
p
bonds, 2nd Judicial District
Chief Judge
g Nan Nash said.
But as we examine and
explore these issues, we find
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VENUE
The opinion said judges ignored the state

Constitution and past court rulings when
setting bonds based solely on the criminal
charges and that defendants are entitled to
a reasonable bail based on an individual
assessment of the likelihood the defendant
would flee or present a threat to an individual or the community.
Judges recognize Brown as a good decision, 2nd Judicial District Chief Judge Nan
Nash said. It simply reiterates what we are
required to do in evaluating people for pretrial release under the state Constitution.
that there are options other

than bail bonds.
Among the proposals under
discussion by Supreme Courts
committee:
n Separate
proposals
t h at wou ld
allow people
charged with
nonv iolent
m i sdeme a nors
other
than drunken
driving and NASH: Presome people trial release
charged with options are
n o n v i o l e n t expanding
felonies to be
released from jail on their own
recognizance.
n A requirement that judges
use a risk-assessment system,
like the one judges in Bernalillo County will begin using
next month, in determining
what conditions to impose on a
person so they can be released
from jail. Those conditions
range from very high bail to a
promise to show up at the next
scheduled hearing in other
words, no conditions.
n A statewide clearing house
for criminal history information that judges and court
staff would be able to access
to help determine under what
conditions a person could be
released from jail.
n The use of unsecured bonds
filed with a court instead of
commercial bail bonds.
One committee member,
Mag istrate Judge Buddy
Hall of Fort Sumner, said
on several occasions during
the committee hearings that
members have to make sure
the changes are practical for
courts in rural areas that have
few resources.
Some proposals will cost
money and require new legislation, like the statewide
clearinghouse for defendant
criminal histories.
Changing court rules will
be up to the Supreme Court,
which appears poised to provide defendants and judges
with alternatives to commercial bail bonds.
The amendment
The constitutional amendment on no bail for high-risk
defendants would have to
go before voters in a general election, if it clears the
Legislature.
Wirth said he would try to
get it passed by the Legislature this session.
But committee member
Rep. Antonio Moe Maestas,
Mike Gallagher
D-Albuquerque,
q
q
said that prop
cess could take two to three
legislative
g
sessions and crafting
g the language
g g of the amendment has to be done carefully.
y
He said it is important
p
to
build some momentum for the
amendment.
It is difficult to get
g something
g like this through
g during
g a short session, Maestas
said. But the support
pp
of the
Supreme
p
Court would lend it
a lot of credibility, so well see
if we can g
get it done.
The alternative is to p
push
out the move for an amendment until the 2018 session,
he said.
Former University
y of New
Mexico Law School Dean Leo
Romero, the committee chair,
said he expects a long road for
a constitutional amendment.
Judge Nash doesnt think
a constitutional amendment
allowing pretrial detention
without bail will have much
of an impact on the number
of people locked up awaiting
trial.
That would potentially represent a very small percentage
of people, Nash said.
Last month, 22 people in
the Bernalillo County Metropolitan Detention Center
were held on bail bonds of $1
million or more. Most were
charged with first-degree or
felony murder.
District Attorney Kari Brandenburg said that pretrial
detention is a critical issue
and was cautious in her comments about a constitutional
amendment that has not taken
final form.
Any proposed amendment
should carefully balance the
demands of the constitution,
while also protecting the public, she said.
Madrid and others have
vowed to fight any amendment
saying bail is a basic right.
Before we think about making constitutional changes, we
need to enforce the bail laws
that already exist, said Matt
Coyte, president of the New
Mexico Criminal Defense
Attorneys Association.
Coyte said that the courts
should stop using monetary
bond in the vast majority of
cases and that the current
reliance on bail bonds in New
Mexico has proven to be a
failure.
The public has to understand, he said, our citizens
are presumed innocent until
proven guilty ... and that this
principle applies to both the
rich and the poor.
Judicial qquandary:
y Public
safety vs. defendant rights
From PAGE A1
real deterrent to a defendant

who ignores
g
the courts conditions of release.
Critics of the bail bond sysy
tem respond
p
that bonds do
less to keep
p the community
y
safe compared
p
to p
pretrial
release p
programs
g
serving
g
only
y to enrich the bondsman
through
g fees p
paid by
y the victim and the victims family.
y
The cases of Garcia and
Wangyal
gy are illustrative.
Garcia was released on bail
bonds in three different felony
y cases. Despite
p
15 counts
of aggravated
gg
assault and
eight
g counts of armed robbery,
y Wangyal
gy was released
on his own recognizance.
g
They
y each had p
prior felony
y convictions and a p
penchant for tattoos. Garcia has
South Side inked on his
chest, while Wangyal
gy has
Tibetan writing
g on his back.
But under a state Supreme
p
Court ruling
g last y
year, both
were entitled to be released
from custody
y without being
g
required
q
to p
post excessive
bail and to be p
placed on the
least restrictive conditions
necessary
y to reasonably
y
assure both the defendants
appearance
pp
in court and the
safety
y of the community.
y
Its impossible
p
to say
y how
those restrictions are set
because the written recommendations of p
pretrial services to jjudges
g on an inmates
release are secret.
The p
public has no way
y to
assess how the system
y
really
y
works whether the recommendation is for a monetary
y
bond or for some other form
of p
pretrial release. The
courts contend these are
social records.
The verbal recommendations made in open
p court, by
y
the court employee,
p y
or comments made by
y the jjudge are
made on the record.
Meanwhile, there are only
y
limited p
provisions that allow
jjudges
g to order someone held
without bail or the p
possibility
of release p
pending
g trial.
Different jjudges
g
tried to
find a balance between the
Supreme
p
Courts ruling,
g
Garcias gangster
g g
life and
Wangyals
gy
crime spree.
Neither worked.
Garcia case
Bail bond companies
p
postp
ed a $1,000 bond for Garcia
when he was charged
g
with
being
g a felon in p
possession
of a firearm, a $35,000 bond
for trafficking
g in a controlled
substance and a $2,500 bond
for p
possession of a controlled
substance.
In March, the 22-yeary
old Garcia called one of his
bail bondsmen and said he
couldnt come to Bernalillo
County
y District Court for a
hearing in one of his three
felony cases because a federal warrant had since been

issued for him on another
charge. He told his bondsman that he was afraid if he
appeared in state court, he
would be arrested by U.S.
marshals.
Despite the bondsmans
advice that he should appear,
Garcia didnt show up in
state court.
In May, the federal warrant
finally caught up to Garcia
when he was arrested on
charges that he robbed drugs
from a CVS Pharmacy at
gunpoint while he was out
on bond on the state charges.
According to court documents, Garcia told an Albuquerque police detective
when he was arrested on
the federal warrant that he
was ready to do his time,
when you live the life of a G
(gangster), you have to live
with the consequences.
He said he could easily do 10
years and that his homies
told him the food is better in
federal custody.
Garcia is now in the custody of the U.S. Marshals
Service awaiting trial held
without bond.
Wangyal case
Wangyal, 31, was arrested
late last year and charged
with going on an armed
robbery spree, holding up
eight different Albuquerque
fast-food restaurants at gunpoint and assaulting 15 different people during those
robberies.
Some of the robberies were
caught on store videotape
systems.
He was held on $150,000
bond, but his attorney filed
legal arguments based on the
Supreme Courts decision in
State v. Brown that Wangyal was entitled to reasonable bond and that his bond
should be reduced.
Any public safety concerns
could be easily addressed,
his attorney argued, by putting a GPS ankle bracelet on
Wangyal.
In April, Wangyal was
released on his own recognizance, with conditions
that he be supervised by the
court-run Pretrial Services
Division and wear an GPS
monitor on his ankle, along
with other restrictions.
So he cut off the monitor.
In July, a bench warrant
was issued for Wangyals
arrest for doing so.
He was found in August
lying on the ground near
Texas and East Central,
unresponsive but breathing.
Police identified him and
found the warrant for his
arrest.
He is now being held without bond at the Metropolitan
Detention Center.
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DEATH
OF A
BOMBSHELL
A GREAT RUN
NEW MEXICO >> B1
LIFE IN NM >> INSIDE
THE SUNDAY
JOURNAL
ABQJOURNAL.COM
$2.00
OCTOBER 11, 2015

FINAL
ESTABLISHED
1880
State,,
federal
bail varyy
drastically
FROM NEW YORK TO THE

LAND OF ENCHANTMENT
NMS NEW
POWER
PLAYER
Federal defendants
f
are
much more likelyy to be
detained before trial
Entrepreneur Dan Burrells portfolio

features real estate, ranching and
mining deals and now an
$85 million medical school
Editors note: The federal

and state systems
y
for dealing
g
with defendants awaiting
g trial
in criminal cases are vastlyy
different. The federal system
y
tends to focus on community
safety,
y the state on the right
g
to p
pretrial release. As a result,
manyy federal defendants are
kept
p locked up,
p while dangerous
g
state defendants can be back
on the street q
quickly.
y That could
change
g as New Mexico takes a
look at its system.

BY LAUREN VILLAGRAN

BY MIKE GALLAGHER
When Las Cruces neurolog

gist
Pawan Kumar Jain was
charged
g
with two counts of
overprescribing
p
g opiate
p
medications leading
g to the deaths
of two p
patients, 61 counts of
unlawfully
y dispensing
p
g controlled substances and 50
counts of health care fraud, a
federal magistrate
g
jjudge
g decided the Indian-born doctor was
a flight
g risk and ordered him
held in jjail until trial.
Ja i ns at t o r n ey
ys then
appealed
pp
to U.S. District Judge
g
Robert C. Brack, asking
g him
to allow the p
physician
y
to be
released before trial.
Brack responded
p
with a written opinion
p
in which he set a $1
million bail bond half cash
and half p
property
p y that Jain
and his family
y would have to
meet with their own resources,
without using
g a commercial
bail bond company.
p y
Brack ruled that such a high
g
bail would tie up
p a significant
g
portion of Jains assets and
p
along
g with other release conditions imposed
p
by
y the court
would significantly
g
y reduce
any
y chance Jain would f lee
the country.
y Jain has been a
naturalized U.S. citizen since
1992, but p
prosecutors believed
he still had family
y ties to India.
Jain has never p
posted the
$1 million bail and remains
in jjail awaiting
g trial. Earlier
this year, a federal grand jury
EDDIE MOORE/JOURNAL
Dan Burrell, chairman of Gemini-Rosemont Realty in Santa Fe, is founding a medical

school at NMSU. Burrell has molded himself after famed billionaire Warren Buffett.
Santa
Fe
40
Albuquerque
25
Las
Cruces
Orogrande
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B10
EDITORIALS
A10-11
SUCCESS
C12
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LIFE IN
NEW MEXICO
LOTTERY
A2
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NEW MEXICO
B1
AT HOME
18
OBITUARIES
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SPORTS
C1
LIVING
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WEATHERLINE
821-1111
Gemini-Rosemont
Realty, based in Santa
Fe, manages commercial
real estate in cities nationwide,
including 16 office properties in
Albuquerque like the First Plaza
Galeria, above.
The Burrell College of

Osteopathic Medicine
on the NMSU campus in
Las Cruces is slated to
open in 2016.
$85M
$115M
INSIDE
D1
See NMS NEW >> A12
DAN BURRELLS MAIN PROJECTS AROUND THE STATE
See STATE >> A4
CLASSIFIEDS
AS CRUCES A
cowboy is in the lobby
waiting for Santa Fe
real estate mogul Dan
Burrell.
Burrell, 37 years old,
dressed in a suit, is taking
care of business at New
Mexico State University
in a borrowed office while
his privately funded $85
million Burrell College of
Osteopathic Medicine is
under construction up the
road.
In an hour or so, he will
trade his suit for jeans and
hop into the cowboys truck,
headed for the Jicarilla
Mountains near Alamogordo,
where he has an industrial
garnet mine and a cattle
ranching operation in the
works.
Not so long ago, Burrell,
who is from upstate New

York, was back East
coming off several years
involvement in national
Democratic politics,
including presidential runs
by now Secretary of State
John Kerry and former Vice
President Al Gore.
Today, from his home
base in Santa Fe, Burrell is
transforming himself into a
miner, rancher, benefactor
and one of New Mexicos
most ardent entrepreneurs
hoping, he says, to mold
himself in the image of
billionaire Warren Buffett,
an incredibly socially
responsible investor who
has built the most successful
business platform in the
world.
Burrell is father to a
10-month-old girl, Dylan;
husband to jeweler Katherine
Jetter; an avid golfer and
outdoorsman who manages
Nevada
dominates
both sides
of the ball in
a 35-17 win
against UNM
C1
LOBOS
POUNDED
Orogrande Garnet Co., is a

mining venture in Orogrande,
a ghost town south of
Alamogordo in Otero County.
$25M
A cattle ranch, also near
Orogrande
Reaching Obamacares goals will take time
UpFront
Winthrop
Quigley
hen the Affordable Care

Act was enacted, policy
experts saw two possible
futures.
In one future, millions of lowincome people with medical
conditions that had long gone
untreated would swamp the
nations health care system and
drive costs higher. In the other,
the pent-up demand would be met,
and then patients would gradually
establish relationships with

medical providers, get routine
care, and costs would eventually
stabilize at a more-or-less normal
level.
University of New Mexico
Hospital CEO Steve McKernan
says it isnt clear which future
is correct. Demand for care has
definitely increased, he said.
See REACHING >> A2
A4
THE SUNDAY JOURNAL
ALBUQUERQUE, OCTOBER 11, 2015
State, federal bail bond practices vary dramatically

But as in the case of Jain,
defense attorneys
y try,
y with
some success, to come up
p with
pretrial release plans for their
p
clients.
Public defender McCue said,
Overcoming
g that p
presumpp
tion by
y clear and convincing
g
evidence isnt a high
g bar if
there is evidence favorable to
the defendant.
From PAGE A1
returned a new indictment

charging Jain with two more
deaths as a result of overprescribing opiate medications.
Large bail bonds like the one
set for Jain are unusual in federal courts in New Mexico.
Most of those charged with
federal crimes are ordered
held until trial with no bond
allowed, and when bail is
allowed, the use of commercial bail bonds is rare.
Of those who are released,
most are let go on unsecured
bonds or on their personal
recognizance. Conditions of
release set by judges run the
gamut, including third-party
custody, drug testing and treatment, and mental health care.
Federal courts bear little
resemblance to their state
court cousins when it comes
to pretrial release for criminal
defendants.
Thats because federal judges arent governed by the New
Mexico Constitution, which
says defendants in state courts
are entitled to reasonable bail
in most cases. And, unlike
Bracks ruling that said Jain
had to use his own resources
to post the $1 million in bail,
state court defendants commonly use commercial bail
bond companies.
But there are proposals on
the table to make the state bail
system more like the federal
system.
The state Supreme Court
has backed a proposed amendment to the state Constitution
that would allow judges to lock
up people awaiting trial if they
find by clear and convincing
evidence that the defendants
are dangers to the community
and/or are flight risks. That
amendment is similar to the
law that federal judges have
followed since the 1984 Bail
Immigrants
KAIRALI-TV INDIA VIA YOUTUBE
A news report on the indictment of Pawan Kumar Jain, M.D., appears on TV India. The Las
Cruces neurologist was charged with two counts of overprescribing opiate medications.
Reform Act went into effect.
Also, a court-appointed committee is considering proposals
that could result in state judges
relying more on unsecured
bonds and pretrial release
conditions, such as drug testing and GPS monitoring, and
relying less on commercial bail
bonds when setting conditions
for release prior to trial.
It appears that the state is
moving toward the federal system in some respects, Chief
Federal Public Defender Stephen McCue said.
Bail Reform Act

Before the passage of the
1984 Bail Reform Act, federal
judges were in the practice of
setting very high monetary
bail bonds to keep defendants
locked up before trial, even
if they were not considered
flight risks the major factor
in deciding bail at that time.
The Bail Reform Act allowed
federal judges to consider
BAIL BONDS,
HOW THEYRE USED
PRETRIAL RELEASE SYSTEMS
STATE JUDGES
FEDERAL JUDGES
1. Can't hold defendants

without bond with very limited
exceptions.
1. Can hold defendants without

bond if found dangerous to the
community.
2. Defendants have a
presumptive right to bail
bonds.
2. Not all defendants are

presumed to have a right to
pretrial release.
3. Defendants commonly use

commercial bail bondsman to
post bail.
3. Very limited use of commercial

bail bonds. Rely, instead, on
unsecured bonds and release on
defendant's own recognizance.
4. Use bond schedules based

on category of crime despite
state Supreme Court ruling.
4. Each defendant is given an

individualized review to determine
if they should be released.
SOURCE: Federal and State courts

RUSS BALL / JOURNAL
Two federal defendants

violated release conditions
Jeremy Boucher, 28, and
Justin T. Shipley, 31, got pretty
good deals on pretrial release
in separate federal criminal
cases. And both managed to
screw up rather quickly.
Boucher was arrested late
last year on charges of mail
theft, bank fraud and aggravated identity theft.
Boucher was released pending trial to the custody of La
Posada Halfway House in
Albuquerque on Dec. 4, 2014. A
week later, the federal probation office asked for an arrest
warrant because Bouchers
urine sample tested positive
for opiates. He was arrested
shortly after the warrant was
issued.
Boucher was given a second
chance at pretrial release. He
was placed into the third-party custody of his mother so he
could go to a 28-day drug rehabilitation program in Roswell.
He eventually entered a
guilty plea and was sentenced
to 39 months in federal prison, followed by three years of
supervised release. Boucher
was also ordered to pay restitution to the victims of his
crimes.
Shipley was arrested in the
spring of 2014 in Otero County
on trafficking in methamphetamine and possession of firearms during a drug trafficking crime after his associates
got stopped at a Border Patrol
checkpoint.
Shipley was released to the
custody of a relative in Ari-
BOUCHER:
Two chances
at pretrial
release
SHIPLEY:
Posted
$1,000 cash
before trial
zona under conditions that he

follow all the rules set out by
the probation office.
I n add it ion, he posted
$1,000 cash deposited with
the court as 10 percent of a
$10,000 bond. Such deposits are
uncommon in federal court.
Shipley was released in May
2014. In June, probation officers checked with his thirdparty custodian, who said he
had taken Shipley to meet with
his attorney in Portales and
hadnt seen Shipley since.
He was rearrested.
Unlike Boucher, Shipley
didnt get a second chance. He
was locked up pending resolution of his case.
Shipley was sentenced in
federal court in Las Cruces to
eight years in prison for his
methamphetamine trafficking
and firearms convictions and
will be on supervised release
for three years after completing his prison sentence.
Mike Gallagher
whether a p
person p
presented
a danger
g to the community
y if
charged
g with certain crimes
and p
permitted jjudges
g to consider the p
potential length
g of a
defendants p
prison sentence
when determining flight risk.
Since the 1984 law, commercial bail bonds have all but
disappeared
pp
from the federal
criminal justice system.
Fewer than 2.5 p
percent, or
582, of the more than 24,000
federal defendants released
before trial nationwide in a
12-month p
period p
posted commercial bail bonds.
But under the reform act,
subsequent U.S. Supreme

Court decisions and other
criminal laws, the number
of defendants held in pretrial
detention expanded.
For instance, there is a presumption a defendant is dangerous if charged with a crime
of violence or with possession
of a firearm in the commission of a felony; has been
convicted of prior felonies of
a similar nature within the
last five years; was a fugitive
who eluded federal custody for
a period of time or is charged
with a drug felony that carries
a sentence of 10 years or more.
According
g to statistics comp
piled
by
y the federal courts,
1,219 p
people
p were charged
g
with federal crimes, excluding
g
immigration
g
crimes, in New
Mexico in the year that ended
Sept. 30, 2014.
In cases involving
g more serious drug
g trafficking
g or smugg
gling
g
g crimes, immigrants
g
in
the country
y without authorization are not charged
g
with
lesser immigration
g
crimes but
their immigration status often
precludes any type of pretrial

release.
Across the country, roughly
50 percent of people charged
with federal cr imes are
released before trial. But in
border states like New Mexico,
that drops to about 30 percent.
In the 12-month period, federal data show, 410 defendants
were released pending trial
in New Mexico federal courts
out of 1,219 people charged.
Of the 410 defendants, 342
were released to some form of
pretrial supervision. Only 26
were released on commercial
bail bonds.
The vast majority of the
367 bonds set by New Mexico
federal judges in that time
period were unsecured bonds
or releases on personal recognizance. In 48 cases, judges
imposed house arrest.
THINK
B I G.
[ MORE TIME ]
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Kansas City Royals

a win away from
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Good vibrations
io
Beach Boys come to Popejoy Hall
LIFE IN NM >> INSIDE
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THE SUNDAY
ABQJOURNAL.COM
$2.00
JOURNAL
NOVEMBER 1, 2015
FINAL
ESTABLISHED
1880
TURNSTILE
URNSTIL
THUGS
An array of repeat
offenders show up
flaws in the system
A4
Gratitude
TERRORIZE ABQ
The mother of
slain officer Daniel
Webster thanks
everyone for their
support B1
BLOOD AND NUMBERS TELL THE

STORY OF CAREER CRIMINALS
BY MIKE GALLAGHER
areer criminals. Repeat

p
offenders. Turnstile
thugs.
g
Call them what y
you want,
but, from brazen armed
robberies to carjackings
j
g to the
cold-blooded shooting
g of p
police officers, a cadre of hard-core violent
criminals has become a common
theme in what can legitimately
g
y be
called a crisis in Albuquerque
q
q and
its surrounding
g communities.
And it is more than jjust a gut
g
reaction the numbers and the
blood on the street support it.
The blood:
n Albuquerque
q
q
Police Officer
Daniel Webster died from his
wounds last week after being shot
during
g a traffic arrest.
n Rio Rancho Police Officer Gregg
gg
Benner was shot and killed during
a traffic stop in Rio Rancho last

May.
y
n Albuquerque
q
q Officer Lou Golson was seriously
y wounded from
multiple
p g
gunshots in early
y January.
y
In each case, the suspect
p
had
prior violent felony
p
y convictions
and had served time in state p
prison.
In another case that outraged
g the
community,
y the man who allegedly
g y
shot and killed 4-year-old
y
Lilly
y Garcia during
g a road rage
g incident once
faced a p
previous road rage charge,
but it was dropped.
pp
The numbers:
n New Mexico has the secondhighest
g
violent crime rate p
per
100,000 p
population
p
in the country,
according
g to FBI reports.
p
n Yet New Mexico sends fewer
people
p
p to p
prison on a p
per capita
p
basis than the neighboring
g
g states
of Texas, Arizona, Colorado and
Oklahoma.
NM drivers licenses will

soon not be accepted by
some facilities, airports
BY DEBORAH BAKER
JOURNAL CAPITOL BUREAU
BY MIKE GALLAGHER
Even before officer Daniel Webster was shot and died from his
wounds, p
public officials had been
calling
g for change
g in the state criminal jjustice system.
y
Among
g the changes put up for
discussion:
n Changing
g g the state constitution
to allow jjudges
g to hold defendants
without bail if they
y are found to be
a danger
g to the community.
y
The Constitutional amendment
faces p
procedural p
problems, mainly
yg
getting
g through
g both houses of
the Legislature
g
during next years
30-day
y session.
The state Supreme
p
Court has
recommended that the Legislag
ture consider the amendment,
which would allow judges to hold
See TURNSTILE >> A4
ANDREW
ROMERO
defendants in p
pretrial detention if, after a hearing,
g a jjudge
g
decides they
y are a danger to the
community.
y
That amendment would also
require
q
jjudges
g to set monetary
y
bail at amounts defendants can
afford based on an individual
analysis
y
of each defendants
financial circumstances.
The recommendation came
from an ad hoc committee set
up
p by
y the Supreme
p
Court after it
reinforced a long-standing
g
g interpretation that the state Constitup
tion requires
q
bail only
y to assure a
defendant shows up
p for court.
The court appointed
pp
the committee to examine changes
g in the
bail bond system
y
as it currently
y
stands because of confusion over
the recent ruling on bail bonds..
DAVON
LYMON
See REAL ID >> A9
See A CALL >> A4
A primer for understanding PARCC score results
tarting this week, New Mexico

parents will finally learn how their
children did on the PARCC exam
that was given
back in March.
The Public
Education
Department will
send individual score
reports for students
in grades 9-12 to
schools Monday;
p ront
reports for students
in grades 3-8 will go
DVal
out to schools Nov. 30.
At Albuquerque
Westphal
Public Schools, letters
will be sent home with seniors Tuesday
telling them if they scored high enough on
the test to graduate or need to re-take it.
UF
SANTA FE With the federal government poised to clamp

down on the use of New Mexico
drivers licenses for getting
into federal facilities or onto
airplanes, the issue of compliance with the federal REAL ID
law has a renewed urgency for
state lawmakers.
New Mexico has had a
series of extensions, but the
U.S. Department of Homeland
Security recently denied the
Taxation and Revenue Departments request for a further
extension until October 2016.
At this point, it appears that
federal facilities that require
IDs from visitors to certain
areas Los Alamos National
Laboratory and Sandia National Laboratories, for example
will stop accepting New Mexico drivers licenses as of Jan. 10
and require alternatives such
as passports.
The Department of Defense
is still reviewing the situation,
according to the 377th Air Base
Wings public affairs office at
Kirtland Air Force Base.
The earliest that airline
travel might be affected in
the sense that identification
other than New Mexico drivers licenses might be required
is next spring, according to
the four Democratic members
of the states congressional
delegation.
U.S. Sens. Tom Udall and
Martin Heinrich, and Reps.
Ben Ray Lujn and Michelle
Lujan Grisham said its clear
that the state Legislature and
the governor must take action
to ensure continued access to
federal facilities and airports.
Eventually, the horse comes
home to the barn, said state
Senate Republican Leader Stuart Ingle of Portales. Weve
CHRISTOPHER
COOK
A call for change

REAL ID
denial
rekindles
NM license
debate
Repeat
offenders
INSIDE
CLASSIFIEDS
D1
CROSSWORD
B7, D2
DIMENSION
B10
EDITORIALS
A10-11
HOROSCOPE
B7
NEW MEXICO
B1
OBITUARIES
B3
SPORTS
SUCCESS
C1
C12
TV
B8
WEATHER
B8
LIFE IN
NEW MEXICO
Reports for 10th-12th graders will go home
Friday; reports for elementary through
ninth-grade students will go home Dec. 1.
Rio Rancho Public Schools will also send
high school reports home with students
this month; in December it will let parents
of elementary and middle school students
either pick them up at school or give

permission for the reports to be sent home
with students.
So what should parents be looking for?
(Full disclosure: Reports will be coming
See A PRIMER >> A2
ARTS
AT HOME
18
BOOKS
20
TRAVEL
14
Did you
remember?
Daylight saving time is
over. Time to turn those
clocks back.
WEATHERLINE
821-1111
November 1922 Popejoy Hall

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Albuquerque
A4
THE SUNDAY JOURNAL
ALBUQUERQUE, NOVEMBER 1, 2015
REVOLVING DOOR OFFENDERS
Joe Ray Barela
Christopher Cook
Davon Lymon
Convicted of robbery and

facing 66 more charges
Convicted in shooting of
APD officer Lou Golson
Accused of killing APD

officer Daniel Webster
Barela has criminal

convictions for property
crimes dating back to 1997.
In 2007, he was charged
in one indictment with
29 counts of burglary. He
pleaded guilty to seven
counts of burglary and
larceny and was sentenced to
8 years.
In 2014, he
was charged
with robbery,
credit card
fraud and
burglary of a
vehicle.
He was
initially freed
on a $50,000
bail bond in that case, but the
bond was later revoked when
he failed to appear in court.
In July, the 39-year-old
Barela was sentenced to
50 years in state prison as
a habitual offender after a
jury convicted him of the
robbery, credit card fraud
and burglary of a vehicle.
He also faced a new
66-count indictment in
Bernalillo County District
Court charging him with,
among other crimes:
kidnapping, aggravated
burglary armed with a
deadly weapon, aggravated
assault, armed robbery and
larceny.
Some of those crimes
occurred while he was out on
bond in the other case.
Local police have
submitted the pending case
to federal law enforcement
in the hopes they may take
Barela into federal court
because of his lengthy
criminal track record.
The 37-year-old Cook has

been in and out of prison
since 1998, when he pleaded
guilty to burglary and was
given probation.
Later that year he also
was convicted of being a
convicted felon in possession
of a firearm and again
received
probation.
In 2001
he was
sentenced
to prison for
a burglary
conviction.
He served
his sentence
and a 2005
burglary conviction led to
another sentence of probation.
In 2007, he was convicted
in District Court in Estancia
of two counts of aggravated
assault on a peace officer,
aggravated fleeing a law
enforcement officer, and
receiving and transferring
a stolen motor vehicle. He
was sentenced to six years in
prison.
In January of this year, he
was arrested in connection
with the shooting and serious
wounding of Albuquerque
Police officer Lou Golson
during a routine traffic stop.
In July he pleaded guilty to
auto theft, weapon possession
charges and shooting from a
motor vehicle in the Golson
case and was sentenced to 20
years in state prison. Golson
told reporters he was satisfied
with Cooks plea agreement
and sentence.
Cook still faces a federal
charge of being a felon in
possession of a firearm.
Lymon had already served

his time in state prison for
manslaughter when the
Bernalillo County District
Attorneys Office dismissed
assault and other charges
against him in January. The
DA said it was because of
difficulty getting evidence
turned over
to Lymons
defense
attorney
under the
new speedy
trial rules.
Lymon, 34,
was arrested
in July on
charges of
embezzlement and being
a felon in possession
of a firearm, but state
prosecutors dropped that
charge for lack of evidence.
Three months later, APD
officer Daniel Webster
spotted Lymon riding a
motorcycle with stolen
plates. Webster was shot
multiple times, and a
massive manhunt ended with
the arrest of Lymon, one
hand still in handcuffs.
He is charged in federal
court with being a felon in
possession of a firearm and
is being held without bond.
Because he is in federal
custody, the state speedy
trial rules do not apply to
his case at this time. DA
Kari Brandenburg said her
office intends to file the
appropriate charges when
the investigation is complete.
Ronald Marvin
Martinez
Andrew Steven
Romero
Feds considered him

dangerous; state not so
much
Accused of killing Rio

Rancho officer Gregg
Benner
When Smiling Marvin

Martinez was sent away to
federal prison in 1995 for
16 years for his part in two
carjackings using a sawedoff shotgun, local police
breathed a
sigh of relief.
Martinez
already
had state
convictions
for armed
robbery.
At no
point, once
in federal
custody, was Martinez
ever considered anything
other than a danger to the
community. He served the
better part of what used to
be called federal parole in
federal lockups because he
wouldnt obey the rules laid
down by federal officers.
Fast forward to 2014 and
Martinez was back on the
street.
He was soon arrested
again, but this time the case
went to state District Court.
He was charged with
forging checks and he bonded
out of jail. This year, APD
arrested him again, this time
on auto theft charges. And
again he bonded out. Then he
stopped showing up for court.
The 42-year-old Martinez
was arrested again in July
for credit card fraud and
failure to appear in court. He
pleaded guilty to four felony
charges shortly after his
arrest and was sentenced to
five years in state prison.
In January, the 28-yearold Romero, also known as

Lil Thug Boy, was facing
a potential 13-year prison
sentence. But instead he was
sentenced to a residential
drug
treatment
program, in
part because
District
Attorney Kari
Brandenburg
said her
posecutors
were
concerned
that new speedy trial rules
would have set Romero
completely loose on the
streets.
Romero, who previously
served state prison time for
manslaughter, never showed
up at the rehab program.
Instead police believe he
went on an armed robbery
spree over a period of months
that ended in late May when
he allegedly shot and killed
Rio Rancho Police officer
Gregg Nigel Benner after a
traffic stop.
He faces first-degree
murder and other charges
in state District Court in
Sandoval County. He is
also charged with a slew of
federal charges including
several of the armed
robberies he allegedly
committed before officer
Benners killing.
Turnstile thugs terrorize our town

From PAGE A1
And New Mexicos prison

inmates return to prison after
release at a higher rate than in
those same states.
At the same time, the number of officers on the street in
Albuquerque is 865, well below
the number city officials believe
necessary, while the city works
to revamp the department
under the oversight of a federal
court monitor after the Department of Justice found APD had
a culture of using excessive and
deadly force.
The state Supreme Court has
also shaken up the state court
system in Bernalillo County,
imposing new speedy trial
deadlines that have caused
hundreds of felony cases to
be dismissed and have reaffirmed bail guidelines that
make it more difficult to keep
defendants locked up prior to
trial.
The court is now supporting
a constitutional amendment
that would allow judges to hold
defendants without bond if
they are found to be a serious
threat to the publics safety.
Meanwhile, the confluence
of the blood, the numbers and
the legal issues appears to be
reaching critical mass.
I think the good people of
Albuquerque are really tired
of the effect that these repeat
offenders are having on our
community, Albuquerque
Police Chief Gorden Eden said.
Our officers encounter people every single night, and you
can count them on one hand,
there are certain nights you
can count them on two hands,
where were re-arresting the
same people over and over and
over again.
n
Risk to public safety

The United States Attorneys
Office has stepped in to try to
keep the Worst of the Worst
off the streets. It has brought
charges against the suspects in
the shootings of Webster, Benner and Golson, and is canvassing local law enforcement
agencies for cases in which
tough federal sentencing laws
can get repeat offenders off the
street.
The death of officer Benner brought to light how
overwhelmed the state system is, U.S. Attorney Damon
Martinez said. We had to do
something.
For example, Martinezs
office charged Davon Lyman
for being a felon in possession
of a firearm in connection
with the shooting death of
APD officer Webster.
That was a move to give District Attorney Kari Brandenburgs office and local police
time to gather evidence in
Websters killing so the state
can bring charges.
M a r t i nezs of f ic e a l so
charged the suspects in the
shootings of Golson and Benner with federal firearms violations and other charges that
not only kept them locked up
with no bonds, but can also
result in long federal prison
sentences.
Martinez said that, since
the worst of the worst program began in New Mexico in
2011, federal prosecutors are
becoming more aggressive in
trying to help local police and
prosecutors get violent offenders off the street.
Last week, in a strongly
worded statement, Brandenburg blamed the new Supreme
Court rules to speed up trials
in the Second Judicial District for allowing the two men
accused of killing officers
Benner and Webster to be out
on the street.
Brandenburg said, I believe
this new rule has resulted in a
risk to public safety and I am
greatly concerned about the
human costs.
A sp oke sm a n for t he
Supreme Court called Brandenburgs statements misplaced and misleading.
Artie Pepin, director of the
Administrative Office of the
Courts, said that Brandenburgs office could have refiled
any of the cases dismissed
under the new rule once her
office had enough evidence to
move forward.
But there is a time lag
between the dismissal and
refiling of charges that can
leave dangerous criminal
suspects free without court
supervision.
The new rules require prosecutors to have enough evidence on hand when they file
charges to move forward to trial and requires that evidence
be turned over to defense
attorneys within a short time
of arraignment the actual
time involved depends on
whether the defendant is in
custody or free on bond.
One of the reasons for the new
rules was to reduce the overcrowding at the Metropolitan
Detention Center, which was
due in large part to defendants
remaining in jail for long periods of time awaiting trial. They
have been effective in that area.
Pepin said, No one can reliably predict heinous conduct
that has such terrible consequences. We can, however,
working together, pursue solutions that will improve public
safety within constitutional
limits.
In the meantime, Attorney
General Hector Balderas has
offered to lend Brandenburg a
veteran prosecutor to help prosecute repeat offenders, because
of the problems caused by the
speedy trial rules and Supreme
Court bail bond ruling.
Two different systems

Repeat offenders dont have
to kill or shoot police officers
to cause chaos or terror on the

streets of Albuquerque.
Some are burglars or armed
robbers or car thieves.
There are two different definitions of repeat offenders.
The most common is for a
person who goes to prison,
gets out and commits more
crimes.
The second is the cop-onthe-street definition in which
officers lock somebody up on
charges and the suspect gets
out of jail within 24 hours,
either by posting a bail bond
or being released on their own
recognizance.
Kevin Folse, 30, whose street
name is Criminal, met both
those definitions. On July 2,
he embarked on a crime spree
that finally landed him in the
federal system.
Folse had previously been
convicted and had served time
in state prison for receiving or
transferring a stolen vehicle,
marijuana trafficking, aggravated battery with a deadly
weapon and being a felon in
possession of a firearm.
In April of this year, he was
charged in state court with multiple counts of identity theft and
fraud between $500 and $2,500.
He bonded out of jail.
In late May, he was arrested
again for receiving or transferring a stolen vehicle and
again he bonded out of jail.
On July 2, Folse went on the
daylong violent crime spree
during which he terrorized a
group of hostages at one residence and a teenager at another.
On that day, police were
looking for him in connection
with yet another stolen car,
when they received information that he was at an associates house in the Northeast
Heights.
When police arrived, no one
answered the door. Inside,
Folse realized what was happening and held the occupants
hostage, then fled with two of
them, hijacking their car.
He led police on a tense chase
through a residential neighborhood that ended when he
crashed the silver Saturn
sedan and rolled the car.
Folse escaped on foot, leaving the hostages behind.
He then ordered a 13-yearold boy passenger out of a Kia
Sorento that was warming up
in a driveway near Chelwood
Park and Turquoise NE.
He ditched that car near the
I-40 overpass at San Pedro and
again escaped on foot, causing
police to close the campus of
Wayland Baptist University
near San Pedro and Indian
School NE.
Uniformed officers, detectives and SWAT scoured the
area, but Folse managed to
escape.
He was finally arrested the
next night by Isleta Pueblo
Police at the Isleta Casino
without incident.
In federal court, justice was

swift.
He was charged in U.S. District Court on a criminal complaint on July 6 and was held
without bond. An indictment
soon followed.
After a four-day trial in
early October, a federal jury
deliberated for four hours
to return a verdict of guilty
on carjacking and firearms
charges against Folse.
Folse faces a potential sentence of life in prison.
His case highlights how different the federal system is
from the state one. His criminal history, and the charges of
carjacking and brandishing
a firearm during the crime,
defined Folse as a danger to
the community, making him
ineligible for pretrial release
in federal court.
But the state constitution
allows state judges to consider only whether someone
is a flight risk when deciding
bond, although state rules
do allow judges to consider
a defendants past criminal
history.
U.S. Attorney Damon Martinez said Folse will no longer
menace our community.
Eden said Folse terrorized
the people of Albuquerque
for years as a violent repeat
offender who has continuously made his way back onto the
streets ... . Folse will no longer
be able to victimize the innocent people in Albuquerque.
Changes proposed
In the wake of recent events
that have shocked the state,
there is a growing chorus
demanding changes to protect the public from such
predators.
And there are specific suggestions on the table.
Mayor Richard Berry has
proposed a series of changes
ranging from allowing retired
officers to come back to the
force and keep their pensions
to rewriting new speedy trial
rules to give prosecutors more
time to turn over evidence to
criminal defendants and their
attorneys.
Political and judicial leaders
have also come forward with
suggestions.
Some of the changes will
require legislative action and
appropriation. Others will
build off existing law enforcement programs. And still
others will require the state
Supreme Court to issue new
court rules.
We have to change our
laws, Police Chief Gorden
Eden said immediately after
Webster was shot and while he
was still battling for his life.
The scales of justice are out
of balance.
Jose Valles
Convicted of aggravated
burglary and linked to 50
more crimes
In November 2014,
APD submitted a case to
the District Attorneys
Office linking Valles to 50
residential burglaries.
He was arrested and
released from jail twice after
that case was submitted to
prosecutors.
And in
July he was
arrested in
an embezzled
car, in
possession
of a stolen
firearm
taken in
one of his
burglaries and a quantity
of methamphetamine. In
conversations with APD
detectives he admitted to
another 10 burglaries and
said he was doing one a day
for the last three months.
In September, the 36-yearold Valles was sentenced to
nine years in state prison
and two years parole
after pleading no contest
to aggravated burglary
(armed after entering) and
residential burglary.
At the time of his last three
arrests and the burglaries he
admitted committing, Valles
was out on bond on other
charges. Initially he was out
on a $10,000 bond that was
later upped to $25,000, which
he made with the help of a
commercial bail bond firm.
INCARCERATION RATES
Per 100,000 residents for 2013
STATE & POPULATION
Oklahoma (pop. 3.9 mil)
100
200
300
400
500
600
700
800
Texas (pop. 26.5 mil)

Arizona (pop. 6.6 mil)
Nevada (pop. 2.8 mil)
Wyoming (pop. 580,000)
Colorado (pop. 5.3 mil)
New Mexico (pop. 2 mil)
Utah (pop. 2.9 mil)
SOURCE: Corrections Statistical Analysis Tool (CSAT)
RECIDIVISM RATES
Percentage of released inmates returning to prison
Utah (2014)
5%
10% 15%
20% 25% 30%
35% 40% 45% 50%
NM (2015)
Ariz. (2015)
Nev. (2011)
Okla. (2014)
Wyo. (2012)
Texas (2011)
SOURCE: LFC files
RUSS BALL / JOURNAL
A call for change

From PAGE A1
n Creating a statewide
clearing house for criminal
background information
that judges could access
in determining whether
a defendant is a danger
to the community when
deciding how high to set a
bond under current court
interpretations of the state
Constitution.
To help in that individual
analysis and determine if
someone is a danger to the
community, the ad hoc committee is also preparing to
recommend a central clearing house for criminal history information.
The problem is finding the
money to pay for the computer infrastructure and staff to
make the information available to judges and their staffs
around the state.
It is being proposed that
the clearing house would be
run by the state Department
of Public Safety.
Department Secretary
Greg Fouratt said it would
take legislative appropriations to fund the criminal
history clearing house.
One of the advantages
judges in federal court have
in determining whether to
hold someone in pretrial
detention is access to information, said Fouratt, a former U.S. Attorney for the
state.
The more information a
judge has on an individual
defendants history, the better decisions the judge can
make.
n Expanding the states
Three Strikes law so more
crimes qualify.
The state already has a
Three Strikes law, which is
seldom used.
In its current form, New
Mexicos law calls for a life
sentence to be tacked onto
any sentence imposed on
an individual convicted of
three separate violent felonies, with at least the third
conviction occurring in New
Mexico.
As currently defined, violent felonies are limited to
murder, kidnapping, criminal sexual penetration and
shooting at or from a motor
vehicle resulting in great
bodily harm.
Rep. Paul Pacheco, an
Albuquerque Republican,
said last week that he plans
to propose a bill during the
2016 legislative session that
would expand the threestrikes law by adding new
felony offenses possibly
aggravated burglary and
conspiracy to commit murder to the current list of
qualifying crimes.
n Changing state retirement laws to allow cities and
counties to rehire retired
police officers and deputies
to fill out their ranks.
Under that change officers
and deputies would be able
to receive both a salary and
their pensions.
Ch a ng i ng t he st ates
retirement laws to allow
local governments to rehire
retired police officers has
faced opposition in the Legislature from unions.
Gov. Susana Martinez said
she supports a change in the
law but no version of the law
has gotten to her desk.
Winter Guide
UPSET WIN
New Mexico traditions, travel,

outdoor fun, and more
Double-digit underdog Lobos

nip Utah State
INSIDE
SPORTS >> C1
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JOURNAL
NOVEMBER 8, 2015
STATE
ESTABLISHED
1880
WE USE THE TERM

WATER IS LIFE,
ITS THE LIFELINE OF
THE PEOPLE.
THERE ARE WATER SONGS AND

CEREMONIES AROUND WATER.
WATER IS OUR MAINSTAY, ITS OUR
LIFEBLOOD, ITS A PART OF WHO WE ARE
AND ITS BEEN RUNNING
ON OUR NATION FOR CENTURIES
SO YOU TAKE CARE OF IT

AND YOU RESPECT IT.
JERRY MCBRIDE/THE DURANGO

HERALD/AP
Kayakers float on the

Animas River near Durango
on Aug. 6. The water was
discolored by the Gold King
Mine spill, into which about
3 million gallons of waste
were released.
THE NAVAJO NATION DOES NOT

TRUST THE EPA....
A FRACTURED
RELATIONSHIP
BY MICHAEL COLEMAN
JOURNAL WASHINGTON BUREAU
See NAVAJO >> A4
INSIDE
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CROSSWORD
B7, D2
EDITORIALS
A10-11
HOROSCOPE
B7
LOTTERY
A2
NEW MEXICO
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OBITUARIES
B3
SPORTS
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C1
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B8
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LIFE IN NEW MEXICO

ARTS
BOOKS
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16
LIVING
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18
Bail bondsmen
fight
g to pprotect
their turf
NAVAJO NATION PRESIDENT RUSSELL BEGAYE
ASHINGTON
Navajo Nation
President
Russell Begaye
was not happy.
The leader of the nations
largest Indian tribe sat before
a packed U.S. Senate hearing
listening to Environmental
Protection Agency
Administrator Gina McCarthy
testify about the Gold King
Mine spill that sent 3 million
gallons of mustard-colored
sludge pouring into the San
Juan and Animas rivers,
polluting waters in three
states and the Navajo Nation.
McCarthy admitted
during the mid-September
hearing that the spill was
caused by EPA workers who
accidentally punctured a wall
of the abandoned mine as they
worked to seal its leaks, and
she vowed the agency would
compensate those financially
harmed by the incident.
But she also defended the
EPAs bungled initial response
and conceded she hadnt fired
or reprimanded anyone in the
aftermath.
Begaye, listening quietly in a
dark business suit and a bright
turquoise necklace, could
hardly believe what he was
hearing. And when it was his
turn to speak to Congress, he
didnt mince words.
The Navajo Nation does
not trust the EPA, and we
expect them to be held fully
accountable for what they
have done to my people and
EDDIE MOORE/JOURNAL
Santa Fe bail bondsman Charles Archuleta

recently traveled to Texas to nab a client who
had failed to appear in court on a drunken
driving charge.
They oppose a possible constitutional

amendment concerning bail, say they
provide a valuable service
EDITORS NOTE: This is another in a series of
stories on changes
g in the states bail system,
y
including
gap
proposed
p
constitutional amendment.
The p
previous stories can be found at www.
abqjournal.com/bail-bond-reform
Navajo leaders bitter at EPA handling of mine spill
BY THOMAS J. COLE
Facing
g his second drunken driving
g charge
g
in two y
years and a bench warrant for failing
g to
comply
p y with the sentence in his first DWI case,
Jose Alberto Flores fled the state.
Flores didnt have much to worry about when
it came to law enforcement. It
rarely
y tries to track down fugig
tives wanted on misdemeanor
charges
g like DWI. Also, like
other states, New Mexico
doesnt g
generally
y seek extradition of misdemeanor fugitives.
g
But Flores still had someone
looking
g for him: his bail bondsman, Charles Archuleta, who
runs the Santa Fe office of Ger- FLORES: Bail
ald Madrid Bail Bonds.
bondsman
For a $250 fee, Archuleta tracked him
had p
posted a $2,500 bond to g
get to Texas
Flores out of Santa Fe County
y
jjail in the second DWI case
and faced the p
possibility
y of losing the $2,500 if
Flores wasnt apprehended.
pp
If Im responsible
p
for the g
guy,
y I take it seriously,
y Archuleta says. Im going to go get
him.
He did without incident tracking
g Flores
to a trailer home in Texline, Texas, handcuffing him, driving him back to Santa Fe and turn--
TOP: Navajo Nation President Russell Begaye attends a House committee hearing on the Gold King
Mine spill on Sept. 17. ABOVE: EPA Administrator Gina McCarthy testifies to the committee Sept. 16.
See BAIL >> A2
Growing an industry one brew at a time
ichard Weber, a native

of the Bronx, was
working on aircraft
power systems for
Allied Signal in New Jersey
until he was laid off during a
decline in business.
Weber and his wife loved
vacations in New Mexico, so
they relocated to Carrizozo
and began plotting their
next move. Weber enjoyed
drinking British ales when
he traveled, and he had been
brewing his own beer at
home. He had always wanted
to manufacture something,
he said. Why not beer? In
1996, he started Sierra Blanca
Winthrop
Quigley
UpFront
Brewing Co., which is now
based in Moriarty.
Mike Levis was part of a
family that had manufactured
glass for generations. When
the family business was
sold to Owens Illinois, Levis
worked for that company in
the East and Midwest. His

wife was part of a Harding
County ranching family,
so the Levises moved to
Galisteo in 1979 to be near
kin. Levis was selling bottles
to wineries when he saw an
advertisement in a trade
magazine. A failed Colorado
brewery was selling some
equipment. Levis bought
it. That was his midlife
crisis, said Levis son, Ty.
Mike brewed a batch of pale
ale in 1988 and that was
the foundation of Santa Fe
Brewing, the states oldest
MARLA BROSE/JOURNAL
Richard Weber designed aircraft power systems in New Jersey. After he was laid off, he moved to New Mexico and founded Sierra Blanca Brewing Co. in Carrizozo. The company is
See GROWING >> A4 now based in Moriarty.
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A2
2
THE SUNDAY JOURNAL
IN TODAYS PAPER
Tim McGraw shares his passion for giving

back to vets through Operation Homefront
PARADE MAGAZINE >> INSIDE
First Contemporary Hispanic Winter Market

in Albuquerque opens next weekend
ABQJournal.com Bail bondsmen fight to protect their turf

@ABQJ
@ABQjournal.com is a weekly column
about the news and features on the
Albuquerque Journals website
THE WEEKS
MOST READ
Most read stories last week
on ABQjournal.com
1
2
3
4
TURNSTILE THUGS TERRORIZE

ALBUQUERQUE
HARD-CORE FELON WAS DOING

SOFT TIME
FAREWELL TO A
SUPERHERO
MORE DETAILS COME TO LIGHT
IN INCIDENT WITH OFFICERS
ESPAOLA TEEN FOUND NOT
GUILTY OF RAPE, CONVICTED OF
LESSER CHARGE
TOP VIDEO
Final dispatch procession for Albuquerque

Police Officer Daniel Webster
TOP SEARCHES
Wild Horse, Olivier, Daniel Webster
Want to read these or other most read

stories? Go to ABQJournal.com and click
on the Most Read tab.
From PAGE A1
ing him over to law enforcement

so he could be tossed in jjail. And,
Archuleta says,
y It didnt cost the
state of New Mexico a dime.
Flores, 43, pleaded
p
guilty
g
y in Sepp
tember to DWI-second offense in
state Magistrate
g
Court and was
ordered to serve 16 days
y in jjail in
lieu of p
paying
y g fines and fees.
Bail bondsmen say
y their role
in nabbing
g absconders at no
expense
p
to taxpayers
p y
is one
of the benefits of requiring
q
g that
defendants post
p
commercial bail
in order to be released from jail
prior to trial.
We provide
p
hundreds of jobs,
j
pay
p
y millions in taxes, p
provide
community
y safety
y and get
g people
p p
to court so justice
j
can be done,
says
y Albuquerque
q
q bail bondsman
Gerald Madrid, president
p
of the
Bail Bond Association of New
Mexico and a member of a family
y
with three g
generations in the bail
business across the state.
There are about 50 bail bond
companies
p
in the state, including
g
more than a dozen in Albuquerq
que, and competition
q
p
is intense,
with some companies
p
offering
g
deals of little or no money
y down to
get defendants out of jjail. The comg
panies, which make their money
p
y
from fees, seldom have to forfeit
bonds, but say
y thats because they
y
are good
g
at g
getting
g clients to court.
But the industry
y is under siege
g
and is perhaps
p
p the most outspoken
p
opponent
pp
of the state Supreme
p
Courts push
p
for changes
g
that
allow the release of many
y nonviolent defendants without having
g to
post commercial bail and would
p
permit jjudges
p
g to keep
p some defendants in jail
j without bond pending
p
g
trial if they
y were deemed to be a
serious safety
y risk.
The bail debate has also figured
g
into the recent wave of shootings
g
of p
police officers in the metro
area and what critics are calling
a turnstile jjustice system.
y
Appearing
pp
g last month at a meeting
g of the Legislatures
g
Courts,
Corrections and Justice Committee, Supreme
p
Court Justice
Charles Daniels said that, under
the current bail system,
y
dangerg
ous criminals are being released
EDDIE MOORE/JOURNAL
From right, bail bondsman Charles Archuleta sits with defendant Nicolas Miramontes as they talk with lawyer Mike Jones in state District
Court in Santa Fe. At left is probation officer Jon Fischer.
on bond, while defendants who

arent likely to reoffend or flee
are being held in jail because
they dont have
the money to hire
a bondsman to
post bail.
Bec ause of
ef for ts by t he
Supreme Court
to reshape New
M e x i c o s b a i l
system, judges
across the state DANIELS:
a r e r e qu i r i n g Dangerous
fewer criminal criminals are
defendants to post released
commercial bail
pending resolution of their cases.
In a landmark decision in 2014, the
Supreme Court reaffirmed:
n A defendant must be released
pending trial on the least restrictive conditions necessary to
reasonably assure the persons
appearance in court and safeguard the public. In setting pretrial release conditions, judges
have a range of options, including
requiring a defendant to submit to
alcohol and drug tests, and wear a
tracking bracelet.
n Whenever possible, a defendant should be released on personal recognizance or upon the execution of an unsecured appearance
God bless America and hows everybody?

U.S. finished behind
Canada in a list of the freest
countries in the world released
by a think tank analysis in
London. Social scientists
say that America will always
suffer a terrible image problem
as long as we have the KKK
that is, Kim, Khloe and
Kourtney.
A RG U S
H A M I LT O N
n The
American Bar
Association reported that the Great Recession
resulted in 15,000 fewer practicing attorneys in
the U.S. Rest assured: They didnt disappear.

Yesterday at McDonalds, the cashier at the
drive-through window spilled hot coffee on my
leg, then offered to represent me.
Californias Disneyland announced
that it will raise ticket prices to $99 per adult.
Park officials stipulated that they consider
anyone over the age of 10 an adult. Roman
Polanski just told his extradition judge in
Poland that he would like a change of venue to
Disneyland.
TODAY IS SUNDAY, NOV. 8, the 312th day of

defeated Vice President Richard M. Nixon for the

presidency.
TODAYS HIGHLIGHTS IN HISTORY: On this

date in 1965, newspaper columnist Dorothy
Kilgallen was found dead in her Manhattan home
the morning after appearing as a regular panelist
on the CBS game show Whats My Line? The
TV soap opera Days of Our Lives premiered on
NBC.
In 1974, a federal judge in Cleveland dismissed

charges against eight Ohio National Guardsmen
accused of violating the civil rights of students
who were killed or wounded in the 1970 Kent
State shootings.
In 1793, the Louvre began admitting the public,

even though the French museum had been
officially open since August. Madame Roland,
39, an influential figure of the French Revolution,
was convicted of treason during the Reign of
Terror and sent to the guillotine.
In 1864, President Abraham Lincoln won
re-election when he defeated Democratic
challenger George B. McClellan.
In 1889, Montana became the 41st state.
In 1923, Adolf Hitler launched his first attempt at
seizing power in Germany with a failed coup in
Munich that came to be known as the Beer-Hall
Putsch.
In 1932, New York Democratic Gov. Franklin
D. Roosevelt defeated incumbent Republican
Herbert Hoover for the presidency.
In 1935, the movies Mutiny on the Bounty,
starring Clark Gable and Charles Laughton,
and A Night at the Opera, starring the Marx
Brothers, premiered in New York.
In 1950, during the Korean War, the first jetplane battle took place as U.S. Air Force Lt.
Russell J. Brown shot down a North Korean
MiG-15.
In 1960, Massachusetts Sen. John F. Kennedy
The flag is to be flown

at full staff today.
THE SUNDAY JOURNAL

P.O. Drawer J
See BAIL >> A3
In 1994, midterm elections resulted in

Republicans winning a majority in the Senate
while at the same time gaining control of the
House for the first time in 40 years.
Five years ago, former kidnap victim Elizabeth
Smart took the stand in Salt Lake City on the
first day of testimony in the trial of Brian David
Mitchell, the man accused of abducting her in
June 2002 when she was 14.
TODAYS BIRTHDAYS: Actor Norman Lloyd is
101. CBS newsman Morley Safer is 84. Actress
Stephane Audran is 83. Actor Alain Delon is 80.
Singer-actress Bonnie Bramlett is 71. Singer
Bonnie Raitt is 66. TV personality Mary Hart
is 65. Singer-songwriter Rickie Lee Jones and
author Kazuo Ishiguro are 61. Rock musician
Porl Thompson (The Cure) is 58. Singer-actor
Leif Garrett is 54. Chef and TV personality
Gordon Ramsay is 49. Actress Parker Posey is
47. Rock musician Jimmy Chaney and actress
Roxana Zal are 46. Singer Diana King is 45.
Actor Gonzalo Menendez is 44. Rock musician
Scott Devendorf (The National) is 43. Actress
Gretchen Mol and ABC News anchor David Muir
are 42. Actor Matthew Rhys is 41. Actress Tara
Reid is 40. Actress Dania Ramirez is 36. Actor
Chris Rankin is 32. Singer-actor Riker Lynch (TV:
Glee Dancing With the Stars) is 24. Country
singer Lauren Alaina is 21.
CORRECTIONS POLICY
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n Southern
TODAY IN HISTORY
Flying
the colors
bond, which is a promise by the

defendant to pay a certain amount
of money should the person fail to
appear in court.
n A judge can require a defendant to post a secured bond either
individually or through a bail
bondsmen only if other release
conditions wont reasonably
assure the persons appearance
in court and safeguard the public.
Secured bonds are backed by collateral, such as property or cash.
Last month, the Supreme Court
also published proposed additions
to its rules on bail. Under those
proposals:
n So-called jailhouse bond
schedules would be explicitly prohibited. The schedules, which are
set by judges, establish uniform
amounts of commercial bond that
must be posted for certain crimes.
The Supreme Court estimates
that about half the states courts
are using bond schedules, despite
a requirement that judges assess
each defendant for flight risk and
danger to the community in setting pretrial release conditions.
n Judges would be required
to use a risk assessment tool
approved by the Supreme Court
to determine what pretrial release
conditions would reasonably
assure a persons appearance in
HOW TO REACH US
THE LIGHTER SIDE

n The
court and safeguard

g
the p
public.
Judges
g are already
y required
q
to
consider several other factors,
including
g the seriousness of the
offense and a defendants criminal history.
y
n Defendants who score low on
the risk assessment tool could be
automatically
y released from jjail
without having
g to p
post bond or
see a jjudge.
g Defendants charged
g
with domestic violence, drunken
driving,
g stalking,
g negligent
g g
use of
a deadly
y weapon
p and other crimes
wouldnt be eligible.
g
Finally,
y the state Supreme
p
Court
has p
proposed
p
an amendment to
the state constitution that would
prohibit defendants from being
p
g
held in jjail p
pending
g trial solely
y
because of an inability to post a
secured bond.
Also under the p
proposed
p
amendment, a jjudge
g could deny
y bail to
a defendant if the jjudge
g found by
y
clear and convincing
g evidence
that no release conditions will
reasonably
y ensure the appearance
pp
of the p
person as required
q
or p
protect the safety
y of any
y other p
person
or the community.
y Currently,
y a
jjudge
g can deny
y bail only
y in some
first-degree
g
murder cases and in
limited cases where a defendant
has been p
previously
y convicted of
one or more felonies.
The state District Attorneys
y
Association supports
pp
the p
proposed
p
constitutional amendment in p
part
because jjudges
g need the option
p
to
deny
y bail to dangerous
g
offenders,
says
y association p
president Robert
Rick Tedrow, district attorney
in Farmington.
g
Tedrow says
y the association also
recognizes
g
that it is a violation of
the U.S. Constitution for a p
person
to be detained p
pending
g trial solely
y
because of a financial inability to
post a secured bond.
As D.A.s, we want to p
pride ourselves on doing
g what is right,
g
he
says.
y We dont have debtor prisons anymore.
y
The New Mexico Criminal
Defense Lawyers
y
Association has
also endorsed the amendment.
The association recognizes
g
the
current system
y
allows dangerous
g
people with resources to bond out
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ESTABLISHED
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Kent Walz, Editor

A8
Wednesday, November 11, 2015
EDITORIALS
Thank you, U.S. veterans,

for your dedicated service
11/11/11
Those numbers marked the end of World War I when Germany signed an armistice with the Allies in Compigne,
France, at 11 a.m. on the 11th day of the 11th month of 1918.
Declared a holiday by President Woodrow Wilson in
1919, Armistice Day was intended to honor World War I
vets for their sacrifice and service. The name was changed
to Veterans Day in 1954, and the holiday is now observed
as a day to honor all U.S. military veterans.
Since 1918, millions of Americans have served their country in World War II, in Korea, in Vietnam, in the Gulf
wars, in Bosnia and Kosovo, in Afghanistan, in Iraq and
elsewhere around the world now including Syria.
As of Sept. 30, 2014, there were roughly 22 million veterans nationwide, including 171,528 (154,785 men and
16,743 women) who call New Mexico home, according to
figures from the Veterans Affairs Department. Of these
New Mexico vets, 128,418 served in wartime and 43,110
served in peacetime assignments.
America remains strong because of these dedicated
men and woman who pledged that I will support and
defend the Constitution of the United States against all
enemies, foreign and domestic; that I will bear true faith
and allegiance to the same; and that I will obey the orders
of the President of the United States and the orders of the
officers appointed over me, according to regulations and
the Uniform Code of Military Justice.
For those pledges and sacrifices, sometimes the ultimate sacrifice, the rest of Americans should put aside
their own concerns today and remember these valiant
servants and warriors.
Thank you to the men and women who make our country a safer and more prosperous society.
Crime law overhaul a must

in NM to combatt violence
The numbers dont create confidence in New Mexicos

justice system. A Sunday Journal report by investigative
reporter Mike Gallagher laid out some startling facts:
n New Mexico has the second-highest violent crime rate
per 100,000 population in the country.
n The state sends fewer people to prison per capita than
Texas, Arizona, Colorado and Oklahoma.
n New Mexicos inmates return to prison after they are
released at a higher rate than in those states.
n The Albuquerque Police Department is understaffed.
It has 865 sworn officers. Its budgeted for 1,000.
n Career criminals enjoy what amounts to a revolving
door that spins defendants out of jail in some cases nearly
as fast as they are brought in.
In part the staggering crime problem is attributable to
a system laboring under several handicaps. State judges
must follow a state Constitution that says defendants are
entitled to a reasonable bail in most cases even if they
present a danger to the community or to victims.
A state Supreme Court decision last year restricts judges use of bail to keep defendants in jail. And a speedy
trial rule in Bernalillo County makes it difficult to keep
even career criminals locked up. While justice in a timely
fashion is important, some provisions of this rule are an
unreasonable overreach that is forcing prosecutors to
drop charges. While they can be refiled, dangerous defendants in some cases are released in the interim with no
restrictions.
As lawmakers prepare for the 30-day budget session that
begins in January, a bipartisan effort is coming together
to address the handicaps. But various proposals need to be
considered as a comprehensive criminal justice package.
Some important components include fixing the bail bond
system; centralizing criminal records so everyone in the
justice system is on the same page; allowing communities
to set youth curfews; widening the three-strikes strike zone;
and allowing retired police officers to return to work without adversely affecting their pensions.
Most of these have been discussed in previous sessions, recent violent crimes by repeat offenders mean
its time not just for discussion but action to keep bad
guys off the street.
A political cheap shot at free speech

WASHINGTON If you care about
free speech, you should pay attention to
the campaign now being waged against
ExxonMobil.
More than 50 environmental and civil
rights groups have written Attorney General Loretta Lynch urging her to open a
federal probe of the giant energy firm.
Bernie Sanders and Hillary Clinton have
also joined the chorus.
The charge is that ExxonMobil systematically misled the public on climate
change, even though its executives recognized the dangers. New Yorks attorney general has already launched an
investigation.
Whats behind the latest assault are two
recent pieces of investigative journalism
that, based on company documents, concluded that ExxonMobil played a double
game.
In the 1970s, when global warming began
attracting scientific attention, the firm
assembled a brain trust [that deepened]
the companys understanding of climate
change, reported InsideClimate News on its
website. But, in the late 1980s, the company
switched to climate denial, manufacturing doubt about ... global warming its own
scientists had confirmed. Stories in the Los
Angeles Times told a similar
tale.
Not so, responds ExxonMobil (unsurprisingly). The
investigative pieces cherry-pick their evidence,
exaggerating the divide
between the companys scientists and corporate policy,
says Ken Cohen, vice president of public and government affairs.
As an example, he cited a
scientific presentation made
to Exxons board of directors in early 1989 concluding
that global warming is, in
the briefings words, deeply
imbedded in scientific uncertainty ... [and] will require
substantial additional investigation. Instead, Cohen
asserts, the Times portrayed
the presentation as demonstrating that the enormity of
global warming was settled.
Nor, he says, does ExxonMobil oppose all action
against climate change.
Since 2009, it has endorsed
a carbon tax, a position
shared by many environmentalists and economists.
Taxing the carbon in fossil
fuels oil, coal, natural
gas would raise their
prices. This would, at least
in theory, encourage energy
efficiency and switching to
non-fossil fuels. (ExxonMobil prefers a carbon tax to
a cap-and-trade system,
which it argues is harder
to administer. Many economists agree.)
The feuding between ExxonMobil and environmen-
ROBERT J. SAMUELSON
talists is long-standing. In a 2007 report,
the Union of Concerned Scientists (UCS)
accused the company of financing a
sophisticated disinformation campaign ...
to deceive the public about global warming. From 1998 to 2005, the UCS said, ExxonMobil gave $16 million to 43 groups that
preached climate-change skepticism.
(The company says it has since halted
many of these grants.)
For many environmentalists, it is
gospel that ExxonMobils campaign
stymied remedial policies. Americans
were unsure of global warmings reality.
Weve had 20 years of delay because of
the doubt and confusion sowed by ExxonMobil and [climate] deniers, says Eric
Pooley of the Environmental Defense

Fund.
This is questionable. For starters, millions of Americans revile big oil companies; theyre not uncritical consumers of
industry propaganda.
The larger problem is the inherent difficulty of doing something significant about
global warming. Fossil fuels supply fourfifths of primary global energy. To stabilize atmospheric greenhouse-gas concentrations, fossil-fuel emissions need to go to
about zero. How is that going to happen?
Theres no obvious answer and any interim steps whether a carbon tax or cap-andtrade would increase fuel prices.
Thats a hard sell for politicians and the
public. Our political system is simply not
good at inflicting present pain for uncertain
future gains. (For proof, see budget deficits.)
Moreover, progress in the United States and
other wealthy countries would need to be
matched in China, India and other developing countries whose energy appetite is still
increasing.
To crystallize this complex problem into
a conspiracy controlled by ExxonMobil is
to engage in political make-believe. This
is a dangerous and self-serving exercise
that brings us back to free speech.
Genuinely free speech transcends accepted and respected
beliefs. It includes viewpoints
that are wrong, offensive and
ignorant. We take pride in the
marketplace of ideas a dividend of free speech to sort
the worthy from the unworthy.
If government assumes that
function, you no longer have
free speech.
The advocates of a probe into
ExxonMobil are essentially
proposing that the company
be punished for expressing its
opinions. These opinions may
be smart or stupid, constructive or destructive, sensible or
self-interested. Whatever, they
deserve protection.
An investigation would, at
the least, constitute a form of
harassment that would warn
other companies to be circumspect in airing their views.
Matters could be worse if the
government somehow imposes
monetary penalties or opens
the floodgates to suits by plaintiffs attorneys, la the tobacco
industry. Significantly, the letter
to Attorney General Lynch does
not allege any violation of law.
ExxonMobil (2014 profits: $32.5
billion) does not command our
sympathy. But free speech does
not belong only to the sympathetic. Casting ExxonMobil as
the scapegoat for global warmings dilemmas is historically
inaccurate and a political cheap
shot with troubling constitutional implications.
Copyright, The Washington Post
Writers Group.
Latinos ready to create solutions: You just need to ask

CHICAGO There is a pervasive belief in the world of philanthropy that Hispanics dont give.
Its not true.
Admittedly, you wont find any
Hispanic interspersed with the
Rockefellers, Mellons and Gates
on The Chronicle of Philanthropys annual Top 50 list. But thats
not the same as not giving.
When I was young, my family was very poor and we lived
in a Mexicali labor camp, said
Olga Talamante, the executive
director of the Burlingame,
Calif.-based Chicana/Latina
Foundation. But my dad and
my mom took in people when
someone needed a roof over their
heads, and my mom was a devout
Catholic. Once we had to sleep in
our car for a couple of nights and
yet when we went to Mass that
week I remember distinctly that
my mom still put her donation in
that little envelope in the basket.
Talamante herself an oddity in philanthropy as Hispan-
ESTHER J. CEPEDA
ics comprise only 2 percent of

foundation and nonprofit leaders knows about the power of
giving even small amounts. And
how its amplified when it comes
from your own.
The Chicana/Latina Foundation is just one of several Latinoserving nonprofit organizations
that were granted funds by the
San Francisco-based Latino
Community Foundation, which
has focused on sustaining
organizations led by Hispanics
for Hispanics and doing so
through Hispanic donors.

We increasingly do this
through our Latino and Latina
giving circles, said Masha
Chernyak, the foundations vice
president of programs and policy. We bring groups of Latino
donors together, set the threshold
amount for a donation at $1,000
and then they evaluate what programs they can impact. In this
manner, everyone has an equal
vote on what priorities they want
to support like, for instance,
investing in Latino leadership
or funding a particular type of
program, such as arts or health
intervention and they decide
how dollars are spent.
Thus far, the foundation has
partnered with 55 Latino-led
community organizations and,
since 2008, invested over $3.5
million in Californias Latino
communities, plugging a philanthropic hole because only 1.4
percent of Americas foundation
dollars go to Latinos.
Though funding and acknowledgement are crucial to Hispanic-serving community organizations from any and all sources,
there is an added element to the
power of a grant when it comes
from fellow Latinos.
Latinos are natural givers
they give to their churches,
their schools, to each other, they
send money back to their home
countries. They just dont often
get asked to contribute to institutions, said Chernyak, who,
along with others in the nonprofit world, is working to change the
reality of large philanthropies
overlooking small, communitybased, ethnic-serving organizations. But when they are asked
and they grant this money to
community nonprofits, its not
just money at that point. For the
organization receiving these
funds, its inspiration and acceptance. Its not a donation, its an
investment.
Talamante, whose organi-
zation offers Hispanic women

professional and leadership
development through skillbuilding workshops, mentoring
and scholarship programs, puts
the expanded impact of Latinodonated dollars this way:
When you get that grant, you
know not only that youve proven that the work youre doing is
worthwhile, but its like when
your own family acknowledges
you. Its really something if your
aunts or your cousins say to you:
Wow, thats really good, youre
doing great. It has a special
meaning and that turns into a
special responsibility. Do you
think Im going to let down any
one of those people who chose
us? Of course, we work hard no
matter what, but it serves as an
added encouragement.
True, Hispanics continue to
have less net worth than their
white and Asian peers. Some
estimates assert that the gap in
median income between whites
and Hispanics was worse in 2012

than it was in 1972.
But Hispanics are a vast,
untapped resource for reinforcing the seams of a social safety
net burdened by the weight
of struggling school systems,
crumbling transportation infrastructure, poor access to health
services and a weak economic
recovery in predominantly Latino communities.
The Latino community has
incredible assets, Chernyak
said. And once Latinos understand the need, and trust the
organizations inviting them,
theyre ready to be part of a
movement creating real solutions, not just write a check.
The prerequisite: It has to be
acknowledged that Latinos of
all income levels are givers. And
then, all thats left is the ask.
Copyright, Washington Post
Writers Group.
ALBUQUERQUE JOURNAL
ESTABLISHED
1880


Kent Walz, Editor

A6
Monday, November 23, 2015
EDITORIALS
Speedy
p y trial rules should be
revisited for sake of safety
Ten days.
Thats essentially why career criminal Davon Lymon
was out of jail reportedly helping a 17-year-old girl score
heroin when he allegedly gunned down Albuquerque
police Officer Daniel Webster during a routine traffic
stop.
Charges against Lymon that included assault had been
dismissed in January, according to the 2nd Judicial District Attorneys Office, in anticipation of the states new
speedy trial rules that did not take effect until Feb. 20.
That Case Management Order requires prosecutors to
have their case fleshed out and evidence turned over
to the defense at the time of arraignment within 10
days after the filing of an indictment if the defendant is
not in custody; or seven days if he or she is in custody.
Kayla Anderson, spokeswoman for the DAs Office,
said Lymons charges were dismissed without prejudice meaning the state could refile them because
it did not have a completed case from law enforcement
to turn over to his defense attorney. The office subsequently refiled lesser charges, but the court dismissed
them after the alleged victim didnt want to assist in
the prosecution. The office plans to refile a third time,
she said.
So Lymon, an ex-con who was no newcomer to violent
crime, was out of jail and on the street.
Lymon has not been charged with Websters death
in state district court at this time, but Tuesday he was
indicted in federal court with four firearms violations.
Federal court is not subject to the state time deadlines
order, so theres a good chance he could be behind bars
awaiting trial for some time giving the state time to
prepare the complex murder case against him.
The state Supreme Courts intention in imposing the
order, which applies only to Bernalillo County criminal
courts, was to unclog the 2nd Judicial Districts backlog of cases and reduce the population at the Bernalillo
County Metropolitan Detention Center. But the unintended result has been the release of hardened repeat
criminals.
Meanwhile, the state Constitution says defendants are
entitled to reasonable bail in most cases even if they
present a danger to the community or to victims. And a
state Supreme Court decision last year restricts judges
use of bail to keep dangerous defendants in jail.
All this has contributed to a perfect storm of dangerous criminals taking advantage of a jailhouse revolving
door.
The Supreme Court, which has been accepting input
from the Albuquerque Police Department, local prosecutors and others, is in the process of revisiting the
Case Management Order. And the Legislature should
put a constitutional amendment before voters that would
allow judges to hold dangerous offenders without bonds
a proposal the high court supports.
These changes would improve the safety of the community and its law enforcement officers.
How to talk to a child about IS

WASHINGTON The man in the camouflage vest stands with gun-toting goons
and, in the background, a missile launcher
sits atop a flatbed truck. In the video, he gesticulates wildly and shouts in Arabic.
I swear to God, he says. As we struck
France and its stronghold Paris, we
will strike America and its stronghold
Washington.
Among those who got the message: my
11-year-old daughter. Dad, she asked
when she got home from school, are terrorists going to attack Washington?
What to say?
Before I had a child, I reacted to this
sort of thing in the customary way. I
freaked out.
After the 9/11 attacks, I dutifully
stocked up on rolls of duct tape and N-95
masks, as the government recommended.
I bought one of those escape hoods they
stockpile in the White House and Capitol
and, after my colleague across the aisle
opened an envelope with white powder, I
talked my doctor into prescribing for me
a just-in-case supply of Cipro.
The Washington Post, helpfully, handed
out survival kits, containing whistles and
small pouches of water.
To blow off steam, I threw a party and
handed out petri dishes filled with vodka
Jell-O and test tubes of Bubonic Tonic,
Pox on the Rocks, Cipro Sippers and the
Evil Dewars.
But parents cant indulge our fears.
Were supposed to make our kids feel safe,
even if we dont feel safe ourselves.
I told my daughter that terrorists would love to attack Washington, but we, unlike the French, are
an ocean away from Syria, that
lots of smart people are working
very hard to stop the terrorists,
and that these terrorists are not
very sophisticated.
Even if they did attack here, I
told her, the risk to her was tiny.
One-hundred thirty people died
in Paris, but that means 99.999
percent of people there survived.
The talk seemed to soothe her.
Unexpectedly, it also soothed me.
Thousands of parents must have
had some version of that conversation. You know what sucks? my
friend Kathryn posted on Facebook.
Explaining to your kids on the way
to school why they shouldnt be worried after they just heard on the
radio that DC is an ISIS target for
another terrorist attack.
To this, my friend Fred replied:
Yep. Once youve done that, can
you explain to me why I shouldnt
be worried?
Another person shared the viral
video from Frances Canal+ TV
showing an interview of a French
father and his young son at a
makeshift shrine in Paris:
DANA MILBANK
because you need to move house.
Father: No, dont worry, we dont have to
move. France is our home.
Boy: But what about the baddies, dad?
Father: There are baddies everywhere.
There are bad guys everywhere.
Boy: Theyve got guns. They can shoot
us because theyre very, very bad, daddy.
Father: Theyve got guns but we have
flowers.
Boy: But flowers dont do anything.
Theyre for ... theyre for ... theyre for ...
Father: Look, everyone is laying flowers
here.
Boy: Yes.
Father: Its to fight against the guns.
Boy: Is it for protection?
Father: Thats right.
Boy: And the candles too?
Father: Theyre so we dont forget the
people who have gone.
Boy: Oh. The flowers and candles are
there to protect us?
Father: Yes.
Journalist: Do you feel better now?

Boy: Yes, I feel better.
That father-son exchange is a more

powerful answer to Islamic State than
any missile strike.
Kathryn told her kids essentially what
I told my daughter and this, I later
learned, is roughly what the experts
recommend. Children of middle-school
age would dismiss rosy assurances that
theres no danger, but they need to be
reassured that the risk is low, and that
grownups are doing everything they can
to protect them.
By modeling this calm response for
kids, we may discover that we calm
ourselves.
I had no such perspective in 2001, when
the chatter was of anthrax and nerve gas
and dirty bombs. This time, the bad guys
dont (yet) seem to pose an existential
threat from weapons of mass destruction.
Being rational about the current threat
also helps to recognize when others arent
such as those hysterical over the danger posed by Syrian refugees.
Certainly, this is a risk. But theres a
greater risk that war-on-Islam rhetoric
will radicalize more would-be terrorists
at home and abroad.
Living in the capital, I worry about terrorism, but I no longer panic. For this I
have my child to thank.
Email: danamilbank@washpost.com. Copyright,
Washington Post Writers Group.
Boy: Bad people arent very nice.

And you need to be very careful
Muzzling veterinarian one more attack on free speech

WASHINGTON Never has
American freedom of speech been
attacked so flagrantly, promiscuously and on so many fronts. The
most egregious examples come from
campuses and Congress.
On campuses, censorship proliferates as political advocacy is confined
to designated spaces.
In Congress, 54 Democratic senators voted last year to amend the
First Amendment to empower Congress to regulate the quantity, content and timing of political campaign
speech.
There are, however, smaller, less
visible and hence especially insidious abridgements of the right to
make oneself heard.
On Tuesday, the Supreme Court
will decide whether to hear such a
case from Texas, where it is a crime
for a retired veterinarian to share his
advice with people seeking it.
Dr. Ron Hines, 72, of Brownsville, is
a licensed veterinarian with a Ph.D.
in microbiology. He is physically disabled but eager to continue dispensing his healing wisdom worldwide,
which he does using the Internet and
telephone. He estimates that about 5
percent of those he speaks to are in
GEORGE WILL
Texas.
He neither dispenses nor prescribes medications. But in 2005, the
Texas Legislature, with time on its
hands and nothing better to do to
perfect the state, criminalized such
electronic veterinary advice.
Students of contemporary government will instantly understand that
this was not done to protect pets,
none of whom has complained about,
or been reported injured by, people
like Hines.
Rather, the Legislature acted to
protect those veterinarians who
were vocally peeved because potential customers were getting online
advice that, even when not free, is
acquired at less expense and more
conveniently than that gained from

visits to a veterinarians office.
This is rent-seeking, the use of public power to confer private benefits on
one economic interest by handicapping another interest.
Rent-seeking is what the political
class rewards when it is not brooding
about why people think the political
class is disreputable.
Many veterinarians dispense
advice on the Internet and on local
radio and television programs, so
Hines is just a small part of a metastasizing menace.
So the Texas Vet Board, which has
never received a complaint about
Hines, has fined him and suspended
his license in order to prevent him
from piling up ill-gotten gains, which
in his best year totaled $2,800.
It is Texas lore: When people wondered why a single Texas Ranger was
sent to quell a riot, the ranger said
laconically, theres only one riot.
Today, the Texas Legislature in
all its majesty is challenged by the
wee but mighty Institute for Justice.
It exists to quell lawless legislators,
and it represents Hines.
A few kinds of speech defamation, inciting violence, falsely shout-
ing Fire! in a crowded theater

are not protected by the First Amendment. But governments increasingly
use their power of occupational
licensure the power to regulate
entry into a profession to justify
regulating speech pertinent to the
occupations.
This has even included restricting
interior decorating advice.
Various appellate courts have
rendered conflicting decisions as to
when never, sometimes or always
occupational speech merits First
Amendment scrutiny and protection. This is one of the few areas of
First Amendment law on which the
Supreme Court has not ruled.
It has rendered decisions about
speech in political campaigns and by
students at various education levels,
speech in signs, advertising, solicitations and video games.
Even if the court remains reluctant
to take notice of blatant rent-seeking
through speech restrictions, the time
is ripe for a clarifying ruling to give
maximum protection to speech that,
although related to licensed occupations, bears no demonstrable relation
to a legitimate government interest
in public health and safety. And the
ruling should limit the latitude government has to evade First Amendment scrutiny by simply declaring
that when it regulates occupational
speech it is really regulating conduct.
Tuesdays Supreme Court decision
about whether to hear Hines case
comes as occupational licensure is
spreading.
And as the use of the Internet and
other technologies for the practice of
various professions, especially telemedicine, is burgeoning.
And as all sorts of speech are being
restricted almost casually.
Chief Justice John Roberts, writing
about race-based government actions
(a sordid business, this divvying us
up by race), has said: The way to
stop discrimination on the basis of
race is to stop discriminating on the
basis of race.
Tuesday the court can begin saying
that the way to stop the multiplying
abridgements of freedom of speech is
to stop them, large and small, beginning with the one preventing Hines
from talking about pets.
E-mail: georgewill@washpost.com;
copyright, Washington Post Writers Group.
ALBUQUERQUE JOURNAL
ESTABLISHED
1880


Kent Walz, Editor

A6
Saturday, November 28, 2015
EDITORIALS
State should act to rein

in pretrial releases
The newest entrant in the poster boy contest for our

catch and release criminal justice system is Aaron Lujan,
a suspected thief who was released from custody twice
over three days in separate incidents and then again
faced a judge Monday on charges in a third crime.
Lujan was arrested on Nov. 15 on a warrant involving a
July drug case that arose while he was on pretrial release
on a May shoplifting charge. He was released Nov. 18 on
the drug charge after posting a portion of a $1,500 bond.
On Nov. 19, the next day, he was arrested after allegedly
burglarizing the garage of a senior couple, who managed
to hold him at gunpoint until police arrived.
On Nov. 20, Metropolitan Court Judge Victor Valdez
released Lujan on his own recognizance to a monitoring
program for defendants awaiting trial. The reason: He
has no felony convictions. Most of his previous charges
were for misdemeanors.
Then on Nov. 21 Lujan was arrested once again after he
allegedly tried to steal a womans car at gunpoint and fled
when he couldnt get the car into gear. He later called the
woman and asked her to meet him at a Target, ostensibly
to return her keys. He fled when police showed up and
was captured while hiding in a tree. Once again, Lujan
was booked into jail, this time charged with robbery with
a deadly weapon and other serious crimes.
On Monday, Lujan appeared before Judge Valdez
again for a conditions-of-release hearing on the previous
weeks burglary charge. This time, Valdez, who apparently was free of a Supreme Court decision requiring
makeable bail in most cases, set bail in the newest case
at $25,000, cash only. Metro Judge John Duran then presided at Lujans hearing on the armed robbery charges
and set his bail at $50,000 cash or surety.
So now Lujan needs $30,000 cash to get out of jail.
Good. And yes, Bernalillo County wants to keep the
jail population down. But letting perps like Lujan run
the streets is a ridiculous way to do it and one voters
are growing very tired of.
Its hard to fathom Lujan being released on his own
recognizance after he was caught loading the couples
belongings into a stolen truck. But thats the law and
one the Supreme Court agrees needs to be fixed.
Legislators should pass a constitutional amendment
and let New Mexico voters decide when and how judges
can hold dangerous defendants without bail. Stopping
the states criminal revolving door shouldnt be up to a
couple of older gun owners.
Learn to share musical road
The music falling in where it is wanted, and stopping where it is not wanted,
The cheerful voice of the public road, the gay fresh
sentiment of the road.
From a Song of the Open Road by Walt Whitman
When beloved American poet Walt Whitman espoused

the enchantment of the open road in this 1856 poem, he
likely never dreamed that a road itself could be the song.
But it can and it is right here in New Mexico.
Along historic Route 66 in Tijeras Canyon is a stretch
of engineered roadway that sings to those who drive
over it. It is a rarity that should be preserved.
National Geographic is responsible for the rumble
strip on N.M. 333 in Carnuel. If you drive at just the
right speed, about 45 mph, your tires will play a segment from America the Beautiful. The only other
singing road in the United States is in California.
But the local musical roadway has area bicyclists
singing an unhappy tune. The Greater Albuquerque
Bicycling Advisory Committee has written National Geographic to complain about drivers who they
claim are endangering bicyclists. The cycling group
is asking for National Geographic to stop supporting
the Musical Road and for the state to pave it over.
But this charming attraction captures the spirit of
America and the joy of driving. It also encourages
motorists to stay within the speed limit.
The bicyclists self-centered request hardly supports
the spirit of sharing the road that drivers are correctly
admonished to do. This road should keep singing.
Refugee debate sullies both sides

WASHINGTON The Syrian refugee debate has become a national
embarrassment.
It begins with a president, desperate to
deflect attention from the collapse of his
foreign policy, retreating to his one safe
zone ad hominem attacks on critics,
this time for lack of compassion toward
Syrian widows and orphans.
This, without a glimmer of acknowledgment of his own responsibility for these
unfortunate souls becoming widowed and
orphaned, displaced and homeless, in the
first place.
A quarter-million deaths ago, when
Bashar al-Assad began making war on
his own people, he unleashed his air force
and helicopters. They dropped high explosives, nail-filled barrel bombs and even
chemical weapons on helpless civilians.
President Obama lifted not a finger.
In the earliest days, we could have
stopped the slaughter: cratered Assads
airfields, taken out his planes, grounded
his helicopters and created a nationwide
no-fly zone. (We successfully maintained
one over Kurdistan for 12 years between
1991 and 2003.)
At the time, Assad was teetering. His
national security headquarters had been
penetrated and bombed. High-level aides
were defecting. Military officers were
forming a Free Syrian Army.
Against the advice of his top civilian
and military aides, Obama refused to
intervene. The widows and orphans he
now so ostentatiously champions are the
product of his coldhearted refusal to do
anything that might sully his peacemaking image.
Obama has also charged the
Republicans with cowardice,
afraid to grant admittance
to 3-year-old orphans. He
gave zero credit to the very
real concern of governors and
other officials that terrorists
could be embedded amid the
refugees. This is no theoretical
proposition. At least one of the
Paris attackers came to France
by way of Greece.
Obamas own officials have
admitted that the absence of
thorough data makes it nearly
impossible to properly vet Syrian refugees.
In response, many Republicans (and some Democrats)
called for a pause in admitting
Syrians until alternate vetting
procedures are developed. In
my view, it would have been
better to differentiate among
the refugees: Admit women,
children and the elderly under
the current procedures, while
subjecting young men of fighting age to a new regime of far
stricter scrutiny.
The concerns of GOP officials were quite reasonable.
But there was no need for the
CHARLES
KRAUTHAMMER
Republican candidates to allow the Syria

debate to be derailed into a cul-de-sac on
immigration as if the essence of the
Middle East issue is a relatively small
number of potential refugees rather than
the abject failure of Obamas policies.
Terror is rising around the world
Sinai, Beirut, Mali, Paris. Brussels was
shut down by fear itself.
The president, in denial about the
collapse of his Syria policy, denounced
those demanding a change in course.
His secretary of state actually acknowledged a rationale (if not legitimacy) for
the machine-gunning of a room full of
Charlie Hebdo cartoonists for offending
Muslim sensibilities with a drawing.
Beyond that is the strategic surrender
of the Middle East, for 40 years dominated
by the United States, to Russia and Iran,
who now dictate the terms. Which is why,
for example, we dare not impose a protective no-fly zone. Its too dangerous. Russia
has filled the Obama vacuum.
Facing a massive failure of seven years
of Democratic foreign policy stewardship,

the GOP candidates have instead tried to
outbid each other in being tough on Syrian refugees. This descent into xenophobia was led, as usual, by Donald Trump.
Amid bushels of word salad, he concurred
with registering American Muslims, raised
alarms about Arab-American treachery
(thousands and thousands on TV cheering the World Trade Center collapse) and
promised not only to deny entry to Syrian
refugees, but to send back the ones already
here.
Can you see it? Packing them onto his
757, the one with gold-plated seatbelts,
then dumping them orphans, widows,
the lot into a war zone to await the next
regime barrel bomb.
Other GOP candidates have issued
Trumpian echoes. The Muslim registry
had no takers. But some have advocated shutting out all the refugees or taking Christians only. They are chasing
the polls showing strong anti-refugee
sentiment.
How deeply shortsighted.
It may work in the GOP primaries. But
Trump-like anti-immigrant, anti-foreigner, now anti-Muslim, anti-Arab rhetoric
and dont forget those cunning Chinese
stealing our jobs and ruthless Mexicans
raping our women will not play well in
a general election.
Politically, it will be fatal. John Kasich
has forcefully denounced this slide into
the swamp. Where are the others?
Copyright, Washington Post Writers Group; e-mail
to letters@charleskrauthammer.com.
Standing up for justice, one terrible case at a time

On the night of Oct. 20, 2014,
Laquan McDonald, a 17-year-old
African-American teenager in
Chicago, was walking down the
street when two police cruisers
sped up to him. Officers jumped
out, and at least one of them,
Jason Van Dyke, began firing.
Laquan fell to the ground, his
final, painful moments caught
on the dashboard video camera
of a third police vehicle that had
arrived just seconds before.
This week, on the day the
video was released to the public
by court order, officer Van Dyke
was charged with first-degree
murder 400 days after he
killed Laquan McDonald.
The official scenario that the
Chicago Police Department
(CPD) offered sounded like so
many others: The teen was
armed with a knife and lunged
at Officer Van Dyke and his partner. Van Dyke, the official story
holds, fired on the youth only to
protect himself and his partner
from a potentially lethal attack.
AMY GOODMAN
Independent media took that

scenario and turned it on its
head. Jamie Kalven is the founder of the Invisible Institute and a
freelance journalist in Chicago.
He uncovered the autopsy report
showing that Laquan McDonald was shot 16 times and first
reported on the existence of
the video of the shooting. Many
prominent news outlets sought
the dashboard video footage
through Illinoiss Freedom of
Information Act laws, but were
denied.
Brandon Smith is an award-
winning independent reporter.

Smith challenged the CPDs denial of the FOIA requests in Cook
County Court. Judge Franklin
Valderrama heard the case, and
ordered the city to release the
footage by Nov. 25.
The footage clearly debunks
the official story. Just one day
before the deadline to release it,
Cook County States Attorney
Anita Alvarez announced that
Van Dyke was being charged
with first-degree murder. Within hours, the video was released.
Citizens have filed between 17
and 20 complaints against Van
Dyke over the course of his 14
years with the CPD, for issues
ranging from excessive force
to improper use of a weapon
to racial slurs. He was never
disciplined.
After the killing of Laquan
McDonald, Van Dyke was not
indicted. Rather, he continued
to be paid while assigned to desk
duty until his arrest.
It also has been widely report-
ed that additional video footage

may have been destroyed. Police
entered a nearby Burger King
restaurant shortly after the
shooting, asking for the password to their surveillance video system. They left after three
hours. Eighty-six minutes of surveillance video had been deleted,
it was later noticed, encompassing the time during which the
shooting occurred.
Burger King district manager
Jay Darshane told NBC: We had
no idea they were going to sit
there and delete the files. I mean,
we were just trying to help the
police.
Activists have been especially
critical of Chicago Mayor Rahm
Emanuel, who has urged calm in
the wake of the videos release.
Charlene Carruthers, national
director of the Black Youth Project 100, told me on the Democracy Now! news hour: The
city has very specific interests
around what happened. And
theyre very concerned with
the city remaining peaceful. But

unfortunately, the community,
the target that is being told to
remain peaceful, is not the Chicago Police Department.
The shooting occurred just
two weeks before Emanuel was
facing a tight re-election race.
Several months after he won
re-election over a progressive
challenger, Chicago offered a
$5 million settlement to Laquan
McDonalds family, without
them even filing suit.
Meanwhile, in Minneapolis,
outrage over yet another police
killing of a young, unarmed
African-American male has led
to a public occupation outside a
police precinct.
Hundreds have maintained
a peaceful vigil demanding
accountability and justice for the
victim, Jamar Clark. The police
have responded with a show of
paramilitary force.
Last Wednesday, an officer
was photographed dressed in
military fatigues, pointing his
rifle at a protester with his

hands in the air. The protester
happens to be the son of Minneapolis Congressman Keith
Ellison, the co-chair of the Congressional Progressive Caucus
and the first Muslim member of
Congress in history.
Then, in a shocking escalation, several masked white men
came to the protest Monday, and
shot and injured five Black Lives
Matter activists. In response,
close to 1,000 people marched in
Minneapolis on Tuesday night,
the same night that hundreds
marched in Chicago against
police violence.
Despite the difficult circumstances, proud father and
Congressman Keith Ellison is
hopeful: There is a surge going
on across this country among
diverse populations craving justice, demanding fair treatment.
We have to have a more just
society.
Distributed by King Features Syndicate.
ANOTHER UPSET
Lobos stun Air Force
to assure winning record
SPORTS >> C1
On their toes
The Nutcracker, in all of its
varied versions, comes to town
THE SUNDAY
JOURNAL
ABQJOURNAL.COM
$2.00
NOVEMBER 29, 2015

FINAL
ESTABLISHED
1880
A CALM,
STEADYING HAND
New APS chiefs journey went
from poor Texas town to Harvard
to leading embattled district
Suspected
cop killer
wants his
case moved
Andrew Romero, charged in
Rio Rancho death, says he
cant get fair trial in Sandoval
COPYRIGHT 2015 ALBUQUERQUE JOURNAL
BY KATY BARNITZ
The suspect in the May 25 killing

of Rio Rancho police officer Gregg
Nigel Benner wants the case moved
outside Sandoval County, claiming
that due to excessive media coverage
it is improbable he
would get a fair trial
there.
A nd r ew Rome ros attorneys are
requesting a change
of venue in two cases
against him, one in
the Sandoval County
homicide case, and a
second in Bernalillo ROMERO:
County in which Also charged
he is accused of with a Bernaattempting to head- lillo County
butt a jail guard.
crime
Romero and his
former girlfriend, Tabitha Littles,
who are both charged in the killing of officer Benner, have also filed
motions requesting that the cases
against them be handled separately.
Hearings are scheduled this week
on all of the motions.
An affidavit filed in Sandoval
County District Court by Romeros
attorney, Todd Farkas, alleges that
because of extensive, prejudicial,
inflammatory and at times mislead-
COURTESY OF RAQUEL REEDY
Acting Superintendent of APS Raquel Reedy

is pictured here, age 1, with her mother,
Rosenda (Chenda) Benavides, in the town of
Laredo, Texas.
BY KIM BURGESS
hen Raquel Reedy was a

little girl growing up in
an impoverished Texas
border town, she loved
to hear her mother
recite fairy tales in Spanish but
they always ended with a twist.
Snow White, Sleeping Beauty,
Rapunzel and Cinderella never went
off with a prince to a big white castle.
Instead, they enrolled in college and
started careers.
This was her way
of telling me that this
dream world where
... SHE IS BILINGUAL; people live happily
ever after doesnt
SHE IS FROM THE
happen, and you
really have to prepare
DISTRICT; SHE
yourself for life,
Reedy said.
KNOWS TEACHING
It is a lesson that
AND LEARNING.
has been key to her
success, pushing
SHE IS AN
the girl from Laredo
EDUCATOR AND
to excel at Harvard
and build
WELL-RESPECTED IN University
a strong reputation as
an Albuquerque Public
THE COMMUNITY.
Schools administrator.
DON DURAN
She has held the
APS SCHOOL BOARD
top job at APS since
PRESIDENT
Aug. 31, when the
Board of Education
appointed her acting
superintendent in
the wake of Luis Valentinos forced
resignation.
The district reeling from
scandal, leadership changes and lost
confidence needed a steady hand.
Many say Reedy has delivered just
that.
Board members gave her glowing
reviews at their meeting Nov. 4,
with several pushing to make her
permanent superintendent without
looking at other candidates. The
board will consider that option after
See ACTING >> A4
See MAN >> A6
Acting Superintendent of APS Raquel Reedy encourages a student working on a problem at

McCollum Elementary School on Friday, Oct. 30.
Amendment
would expand
p
pretrial jailing
Dismal scores await new superintendent
Proposal
p
would make NMss
rules on bail closer to feds
Reedy seeks input

from many groups to
meet challenges
EDITORS NOTE: This is another

in a series of stories on changes
g
in
the states bail system,
y
including
g a
proposed
p
p
constitutional amendment.
The p
previous stories can be found at
ABQjournal.com/bail-bond-reform
DEAN HANSON/JOURNAL
BY KIM BURGESS
Acting superintendent
Raquel Reedy says she knows
that running Albuquerque
Public Schools wont be an
easy task.
The district faces a laundry
list of problems, from low
standardized test scores and
INSIDE
CLASSIFIEDS
D1
NEW MEXICO
B1
COMICS
E1
OBITUARIES
B3
LIFE IN
NEW MEXICO
SPORTS
C1
ARTS
CROSSWORD
B7, D2
DIMENSION
B10
EDITORIALS
A10-11
HOROSCOPE
B7
SUCCESS
C12
AT HOME
WEATHERLINE
821-1111
3
18
TV
B8
BOOKS
11
WEATHER
B8
TRAVEL
12
falling graduation rates to a

high percentage of graduates
taking remedial college
classes.
In 2014, APS graduation rate
fell to 62.5 percent from 68.7
percent the previous year. And
over half of those students
who graduated and entered
the states universities needed
remedial classes.
Standardized testing showed
that fewer than one-third of
many of APS elementary
grades tested at grade level.
In fact, New Mexico is

typically near the bottom of
national education rankings,
often dueling with Mississippi
for last place.
Reedy said she believes the
key to improvement is getting
students on the right track in
early childhood to keep them
progressing to graduation and
college success.
It is not a matter of just
looking at graduation rates; it
See DISMAL >> A4
Who is he?
Colorado clinic shooting suspect described
as a loner who once warned a neighbor
about government spying A8

BY THOMAS J. COLE
Despite
p a long
g rap
p sheet and a history
y of failing
g to appear
pp
for court
hearings,
g Joseph
p A. Jaramillo of
Albuquerque
q
q was entitled under the
New Mexico Constitution to release
on bail after he was jjailed in May
y on
13 charges,
g
including
g battery,
y child
abuse, assault and felon in possession
of a firearm.
State District Judge
g Brett Loveless set bail at $30,000 cash or surety,
y
meaning
g Jaramillo at a minimum
would have to p
pay
y or agree
g
to p
pay
ya
$3,000 fee to a bail bond company
p y to
get out of jail. Loveless also ordered
See PLAN >> A2
Happy Holidays
From Our Family to Yours
Interstate for Bekins Van Lines
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lll
IN TODAYS PAPER
The holiday seasons hottest items

to give and receive
PARADE MAGAZINE >> INSIDE
ABQJournal.com
@ABQjournal.com is a weekly column about the news

and features on the Albuquerque Journals website
THE WEEKS MOST READ

Most read stories last week on ABQjournal.com
1
2
3
4
5
BEATING SUSPECT FREED ON BAIL, REARRESTED

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ITS ABQ DOORS
UNM WOMEN WIN CROSS COUNTRY NATIONAL
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Plan would expand pretrial jail time

From PAGE A1
the courts Pretrial Services

Division to supervise
p
Jaramillo if he p
posted bail.
Jaramillo sat in jjail for
more than five months before
he was able to g
get a bail bond
company
p y to p
post his bail Nov.
2. Four days
y later, a bench
warrant was issued for his
arrest for failing
g to report to
Pretrial Services.
And, on Nov. 11, Jaramillo
was dead, shot by
y Bernalillo
County
y sheriffs deputies
p
after
he allegedly
g y rammed a depup
tys
y car with a stolen truck he
was driving.
g
Sheriff Manny
y Gonzales
says
y the incident began
g
when
deputies
p
tried to p
pull over
Jaramillo, 31, in the South
Valley.
y Three deputies
p
opened
p
fire after Jaramillo crashed
into one of the p
police vehicles,
according
g to Gonzales.
Dangerous
g
suspects
p
who
get out of jjail on bail and then
g
commit more crimes are the
reason some state p
policymaky
ers want to amend the state
Constitution to allow jjudges
g to
hold some defendants without
bail until trial.
Federal jjudges
g can do that,
and Jaramillo would likely
y
have been held without bail
if charged
g
in federal court
based on the seriousness
of the charges
g he faced; the
seriousness of his criminal
record, including
g convictions
for aggravated
gg
assault with
a deadly
y weapon
p
and armed
burglary;
g
y and his failure to
appear
pp
in court in at least
eight
g different criminal cases
since 2009.
Tony
y Torrez, the suspect
p
in
the fatal shooting
g of 4-yeary
old Iliana Lilly
y Garcia, and
Davon Lymon,
y
accused in the
fatal shooting
g of Albuquerque
q
q
police officer Daniel Webster,
p
are being
g held without bail by
y
federal authorities on weapons
charges.
g
Under a const itutiona l
amendment p
proposed
p
by
y the
New Mexico Supreme
p
Court
and backed by
yp
prosecutors and
defense lawyers, a state judge
God Bless America, and hows everybody?

President Obama delivered
a Thanksgiving Day address
to the nation on TV and over
the radio. He said that the
arriving Syrian refugees are
just like the English Pilgrims
who landed four centuries
ago. So there, you see, Obama
admitted it, they ARE coming
to take over the country.
A RG U S
H A M I LT O N
Macys Thanksgiving
Day Parade drew 3 million New Yorkers. We
sometimes forget that Americans are the only
ones celebrating the holiday. Joe Biden meant

well, but he could have accidentally started a war
when he called Vladimir Putin and wished him a
Happy Turkey Day.
Brett Favres uniform number was retired
during halftime of the Green Bay PackersChicago Bears game on Thanksgiving in honor
of his long, long career. He set records that
will last forever. Brett Favre is the only player in
history who was drafted by both the NFL and the
Confederate Army.
TODAY IN HISTORY
TODAY IS SUNDAY, NOV. 29, the 333rd day of
TODAYS HIGHLIGHTS IN HISTORY: On this
date in 1890, the first Army-Navy football game
was played at West Point, N.Y.; Navy defeated
Army, 24-0. The Imperial Diet, forerunner of
Japans current national legislature, opened its
first session.
In 1530, Cardinal Thomas Wolsey, onetime
adviser to Englands King Henry VIII, died.
In 1864, a Colorado militia killed at least 150
peaceful Cheyenne Indians in the Sand Creek
Massacre.
In 1924, Italian composer Giacomo Puccini died
in Brussels before he could complete his opera
Turandot. It was finished by Franco Alfano.
In 1947, the U.N. General Assembly passed a
resolution calling for the partitioning of Palestine
between Arabs and Jews.
In 1952, President-elect Dwight D. Eisenhower
secretly left on a trip to Korea, keeping his
campaign promise to assess the ongoing
conflict first-hand.
In 1961, Enos the chimp was launched from
Cape Canaveral aboard the Mercury-Atlas 5
spacecraft, which orbited earth twice before
returning.
In 1972, the coin-operated video arcade game
Pong, created by Atari, made its debut at Andy
Capps Tavern in Sunnyvale, Calif.
In 1981, actress Natalie Wood drowned in a
boating accident off Santa Catalina Island, Calif.,
at age 43.
In 1986, actor Cary Grant died in Davenport,
Iowa, at age 82.
The flag is to be flown

at full staff today.
j a i l s i mply
because they cant afford to
post even a low bond.
As for the most violent felonies, currently a state judge
can deny bail in only some
first-degree murder cases
and in limited cases in which
a defendant has been previously convicted of one or more
felonies. And the courts and
defense lawyers tend to view
a judge setting an exceptionally high amount of bail as
denying it.
Amendment concerns
The Legislature will consider the proposed constitutional amendment in its
30-day session beginning in
mid-January. If approved, the
amendment will go to voters
next November.
The proposal, which Democratic Sen. Peter Wirth of Santa Fe has agreed to sponsor,
has run into some turbulence.
At a committee hearing on
the amendment in October,
Sen. Cisco McSorley, D-Albuquerque, said if the proposal
becomes law, criminal defendants will need legal resources to fight for bail because,
he said, defendants who are
denied bail are more likely to
be convicted.
Senate Judiciary Chairman
Richard Martinez of Espaola, a retired state magistrate
judge, said he was concerned
that judges would misapply

the standard of clear and
convincing evidence, keeping
jailed those defendants who
should be freed pending trial.
Supreme Cour t Justice
Charles Daniels said the standard is well established in law
and that no defendant is going
to be held on a judges whim.
He also said those held without bail would have the right
to an expedited appeal to the
Appeals or Supreme Court.
So, what is clear and convincing evidence?
According to legal resources, clear and convincing evidence is a medium level of
burden of proof. It is a more
rigorous standard than preponderance of the evidence,
which is roughly defined as
at least 51-49, but a less rigorous standard than evidence beyond a reasonable
doubt, which is required for
conviction.
In order to meet the standard of clear and convincing
evidence, a party must prove
that something is substantially more likely to be true than
untrue. Also, a judge must
have a firm belief or conviction in its truth.
Possible restrictions
Under the bail system for
federal defendants, a person
can be jailed until trial if the
government proves by clear
and convincing evidence that
no conditions of release would
reasonably assure the safety
of the community. A person
can also be held if the government proves by a preponderance of the evidence that no
conditions of release would
reasonably assure the defendants appearance at trial.
Federal law, however, limits
the situations under which a
pretrial detention hearing
can be held. Such a hearing is
required before a defendant
can be jailed before trial.
The government can seek
a hearing when a defendant
poses a serious flight risk or
there is a serious risk that
THE SUNDAY JOURNAL

P.O. Drawer J
the defendant will obstruct

justice or threaten a witness.
Also, it can seek a hearing in
cases that involve one of the
following:
n A crime of violence.
n An offense with a maximum
sentence of life in prison or
death.
n An offense for which the
maximum term of imprisonment is 10 or more years as
prescribed by the Controlled
Substances Act.
n Any felony if the defendant
has been convicted of two
or more of the above federal
offenses or comparable state
offenses.
n Any felony involving a minor
victim or involving the possession or use of a firearm or
destructive device.
At detention hearings in
these cases, there is a presumption that a defendant
shouldnt be released pending trial if the defendants
criminal history and pending
charge meet certain criteria.
If the Legislature chooses to
approve the proposed constitutional amendment on bail,
which would then go to voters, it could also pass a law to
implement that amendment.
That law like the federal
law could restrict when a
judge could hold a hearing on
whether to detain a person
pending trial. The Supreme
Court could also adopt rules
governing how the amendment is implemented.
The court now has rules
for judges on how to set bail,
and Arthur Pepin, director of
the Administrative Office of
the Courts, said the Supreme
Court would adopt new rules
for pretrial detention of defendants if the constitutional
amendment is approved by the
Legislature and voters.
Pepin said he couldnt speculate on what the rules might
include but said the Supreme
Court would likely have a
committee draft proposed
rules, then seek public comment on them.
In 1990, the U.N. Security Council voted to

authorize military action to free Kuwait if Iraq did
not withdraw its occupying troops and release
all foreign hostages by Jan. 15, 1991.
In 2001, George Harrison, the quiet Beatle,
died in Los Angeles following a battle with
cancer; he was 58.
TODAYS BIRTHDAYS: Hall-of-Fame
sportscaster Vin Scully is 88. Former French
President Jacques Chirac is 83. Blues singermusician John Mayall is 82. Actress Diane Ladd
is 80. Songwriter Mark James (Always on My
Mind, Suspicious Minds) and composermusician Chuck Mangione are 75. Country
singer Jody Miller is 74. Pop singer-musician
Felix Cavaliere (The Rascals) is 73. Former
Olympic skier Suzy Chaffee is 69. Comedian
Garry Shandling is 66. Actor Jeff Fahey is
63. Movie director Joel Coen is 61. Actorcomedian-celebrity judge Howie Mandel is
60. Actress Cathy Moriarty is 55. Actress Kim
Delaney and actor Tom Sizemore are 54. Actor
Andrew McCarthy is 53. Actor Don Cheadle is
51. Actor-producer Neill Barry and musician
Wallis Buchanan are 50. Pop singer Jonathan
Knight (New Kids on the Block) and rock
musician Martin Carr (Boo Radleys) are 47.
Actress Jennifer Elise Cox is 46. Actor Larry
Joe Campbell, rock musician Frank Delgado
(Deftones) and actress Paola Turbay are 45.
Actor Brian Baumgartner is 43. Actress Anna
Faris and actor Julian Ovenden are 39. Gospel
singer James Fortune is 38. Actress Lauren
German is 37. Rapper The Game is 36. Actress
Janina Gavankar is 35. Rock musician Ringo
Garza and actor/comedian John Milhiser are 34.
Actor Lucas Black is 33.
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if the court finds by clear and
convincing evidence that no
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DECEMBER 6, 2015
FINAL
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REVOLVING CELL DOOR

Easy,
y qquick bail
despite
p near fatal
beating of girlfriend
Editors note: This is another

in a series of stories about
changes
g in the states bail bond
system,
y
including
gap
proposed
p
constitutional amendment. The
previous stories can be found
p
at ABQjournal.com/bail-bondj
reform.
Advocates sayy
amendment would
revolutionize how they
help victims

BY COLLEEN HEILD
JOURN
NAL INVESTIGATIVE REPORTER
n Albuquerque,
q
q
N.M.,
a man can allegedly
g y
beat his g
girlfriend until
shes unconscious, be
booked into jjail on a felony
y
aggravated battery charge
while shes on life support

and get back on the street the
same day by coming up with
just $1,750 to make bail.
This is no hypothetical
and perhaps not surprising
in a state that, in 2013,
ranked third most deadly
nationally for women killed
by men.
It happened just last month
in the case of Micah Criswell,
despite his two prior
domestic violence arrests
in the past 18 months and
an outstanding warrant for
failing to appear in court.
No judge was involved in
deciding whether Criswell

should have been released
on $17,500 bond just before
midnight on Nov. 22, said a
Metro Court spokeswoman.
In 2014, Criswell allegedly
sent an ex-girlfriend a photo
of her clothes on fire and
has a pending misdemeanor
charge of damaging the
window of a truck belonging
to an ex-girlfriends
roommate.
But no judge considered
Criswells past history, or
whether he was a threat to
public safety or a flight risk.
See EASY >> A4
WINTER WANDERLAND
DEAN HANSON/JOURNAL
Micah Criswell appears

pp
in metro court via video November 24
for arraignment
g
in the death of Tannis Johnson. Two days
y earlier,, Criswell came up
p with jjust $1,750
,
to make bail after being
g
arrested in Johnsons beating. He was rearrested after she
died from her injuries.
Priest sex abuse

victim challenges
culture of secrecy
Judge grants church request to seal virtually all
documents, personnel files of credibly accused priests
Accused priests
BY OLIVIER UYTTEBROUCK
Many sent to Servants of the

Paraclete treatment facility in
Jemez Springs A5
housands lined Central Avenue at nightfall

Saturday as floats, cars and humans
flaunted their flashiest holiday garb in the
annual Twinkle Light Parade.
Nearly 100 entrants took part in the 2015 edition
of the parade, which has become a wintertime
staple in the Duke City. Community groups,
businesses, organizations and clubs participated,
competing for monetary awards in nine categories.
Shown at right, Chelsea Cameron, left, and Nicole
Morales rode atop the Presbyterian Hospital float.
Central remained closed until midnight to allow
shoppers to stroll Nob Hill.
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Albuquerque attorney Brad

Hall, who represents Gutierrez, said the archdiocese has
made a practice of marking
confidential virtually all
records it produces in the
lawsuits.
Ive seen them take the
position that photocopies of
Albuquerque Journal news
stories are confidential, he
said. Whatever they stamp
confidential, the court order
says we have to go to court to
make it public.
The archdiocese was provided with a list of questions
for this story, but declined to
comment.
The culture of secrecy prevents not only healing, but
also accountability and might
preclude the safety of children
in the future as well, Gutierrez said in an interview.
His case, which is set for
trial in August, is one of 53
See PRIEST >> A5
Why SFs Info Mesa didnt become a Silicon Valley
Sports
and fitness
catalog listing
exercise
classes,
fitness
centers and
outdoor
recreation
opportunities
INSIDE
LIFE IN NEW MEXICO
Brian Gutierrez, 46, said

he filed a lawsuit last year
against the Archdiocese of
Santa Fe to spare others the
anguish he has endured for
nearly 30 years and promote a
new era of openness in the
Catholic Church.
A key goal is to require
the archdiocese to publicly
disclose records that he says
reveal the facts of his alleged
rape by a priest in 1986, when
Gutierrez was a 17-year-old
freshman at the University of
New Mexico.
The Catholic Church still
keeps too many secrets, he
contends.
And, in fact, few records
ever have been released by the
archdiocese in the hundreds of
clerical abuse cases that have
been filed and settled, or in the
18 now pending.
D eposit ions a nd ot her
records, including the personnel files of 48 credibly
accused priests, are sealed
under a confidentiality order
sought by archdiocese lawyers and approved by District
Judge Alan Malott.
ired magazine
published an article
in 2000 that seemed to
proclaim finally!
the birth of the long-anticipated
New Mexico version of Silicon
Valley.
Titled Greetings From Info
Mesa, the article described the
worlds need for information
processing tools capable of
making sense of the oceans
of data being produced by
the pharmaceutical industry,
financial markets, climate
science, genomics and other
industries.
Winthrop
Quigley
UpFront
Today, those tools are pouring
forth from an unexpected place:
Santa Fe, New Mexico, home to
a growing, computer-powered
industry known as informatics,
and the center of the data dump
universe, according to Wired.
Most of the companies began

with people or technology or
both with roots at Los Alamos
National Laboratory or the
Santa Fe Institute.
The magazine quoted
Stuart Kauffman, a founder of
BiosGroup, as saying, Im told
that Santa Fe feels like what
Silicon Valley felt like 10 years
ago.
Unlike San Jose or Santa
Clara or other Silicon Valley
communities, Santa Fe is not
blanketed with thousands of
See WHY >> A2
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Kent Walz, Editor

A5
Tuesday, December 8, 2015
EDITORIALS
Lawmakers should lock upp

revisions to lax bail bonds
I had no idea of the severity of the victim. It looked

like just a routine domestic violence case.
Bail bondsman Gerald Madrid
Apparently it was business as usual when it took

just $1,700 to spring Micah Criswell from jail after he
allegedly beat his on-again, off-again girlfriend literally within an inch of her life Nov. 22. That, despite two
prior domestic violence arrests in the past 18 months
and a warrant for failing to appear in court.
Criswells father paid Gerald Madrid Bail Bonds
10 percent of a $17,000 jailhouse bond to get his son
out the same day of the alleged assault, while Tannis
Johnson, 34, was on life support. The routine transaction didnt include judicial consideration of Criswells
history or if he was a flight risk or threat to society.
Thats because at the Bernalillo County Metropolitan Detention Center, some defendants can post bond
based only on the crimes they are charged with in
Criswells case aggravated battery.
Criswell wasnt out for long because Johnson died
the next day and he was rearrested on a murder
charge. During the hearing on that charge, a pretrial investigator told Metro Court Judge John Duran
that Criswell had 18 bench warrants, two for failure
to appear, and that his risk level was high.
Duran was not swayed by a request from Criswells
attorney to release him to his parents custody; bond
on the murder charge was $250,000 cash only. Finally.
Jailhouse bonds allow defendants to get out of jail
quickly without seeing a judge. But that practice
doesnt track with a state Supreme Court ruling last
year that requires judges to assess individual defendants cases to determine whether they are likely to
show up for trial or pose a safety threat. The court
said the charge itself or a defendants ability to pay
shouldnt be determining factors in releasing that person from custody. The ruling also restricts judges use
of bail to keep dangerous defendants locked up.
The ruling, plus a new speedy trial rule that applies
only to Bernalillo County criminal courts and a state
constitutional requirement that most defendants are
entitled to reasonable bail even if they present a danger to the community or to victims, has created a situation where defendants thumb their noses at police
and court personnel, knowing they will be out quickly
to reoffend as charges and pending court dates pile
up. Most troubling is that in domestic violence cases,
the perpetrator may try to intimidate the victim or
continue the attack once released.
Next month the Legislature is expected to consider
a proposed constitutional amendment, backed by the
Supreme Court, to give judges discretion to hold defendants without bond if deemed dangerous or a flight
risk, as well as eliminate jailhouse bond schedules.
The Legislature should pass the amendment and let
voters decide if they agree. Because there is no such
thing as a routine domestic violence case.
Eval ruling hurts students,

struggling teachers, public
A state district court judge has said the teacher
evaluation system developed by the New Mexico Public Education Department is based on a sound policy
and statistical foundation but the data collection
and reporting that feeds it needs a closer look.
Considering Secretary of Education Hannah Skanderas contention that errors in the first round of
evals were due largely to school districts supplying
bad data as well as startup confusion, it would be
good to get that closer look and finally put to rest
the Sturm und Drang that has surrounded the evals
since their inception. Meanwhile, its too bad those
who need help the most will pay the price.
American Federation of Teachers President Randi
Weingartens interpretation, that Santa Fe Judge
David Thomson recognized the eval system is deeply
flawed, would fail any core English, history or civics
class. It would fare no better in a forensics elective.
In fact, the judge says his ruling does not stop the
PEDs operation, development and improvement of
the evaluation system. It does keep PED from taking
consequential actions against teachers based on it.
To date the evaluations have not prompted a firing,
pay cut or loss of license; those so-called consequential actions have amounted to placing struggling
teachers on improvement plans so they, and thus
their students, can get help and on a positive track.
That means the real losers from last weeks ruling are the struggling teachers, their struggling
students, and taxpayers, who in addition to paying
billions for K-12 public schools annually now get to
fund the defense of twin lawsuits filed by teachers,
their unions and a handful of state lawmakers. The
lawsuits ignore the Obama administrations push
to tie student improvement to teacher performance
evaluations, a move to rate educators like employees
in the private sector on the results of their work.
PED says nothing changes in light of the ruling
and the evaluation system will move forward. What
needs to change is how New Mexico has allowed its
K-12 education system to deliver students ill-equipped
for life after public school, the exact reason evals
were revamped in the first place.
Both anti-eval cases are scheduled to go to trial in
April, and the sooner the evaluations are again fully
implemented, the better for students, for educators
who care about them, and for taxpayers.
Electric grids vulnerability is scary

WASHINGTON When it comes to cyberwar and cyberterrorism, we need to think
the unthinkable, says veteran TV journalist
Ted Koppel. And for Koppel, the unthinkable is this: Someone hacks into the nations
electric power grid and causes large parts
of it to crash for a prolonged period.
Anyone who has endured a blackout from
a storm or mechanical breakdown probably most Americans knows how frustrating and infuriating it can be. You lose your
lights, refrigeration, communications and
sense of control. But two certitudes limit the
anger and anxiety: first, outages are usually small geographically; and second, we
know that power will be restored in days
or weeks.
Not so with a cyberattack, which aims to
cripple the system and cause chaos. Lengthy
disruptions may be widespread. Then the
effects become horrific, as Koppel writes
in his new book, Lights Out.
Darkness descends on cities and suburbs.
As refrigeration fades, food inventories are
exhausted. Resupply is difficult, because
among other reasons gas stations without backup generators are unable to operate their pumps. Water supplies are also
paralyzed by inert pumps. There is little
running water ... toilets no longer flush.
Routine payments, being mostly electronic
transfers, are virtually impossible. People
feel increasingly isolated and vulnerable.
There are emergency plans, Koppel
writes, for natural disasters and electrical
outages of a few days but no plan for many
millions losing electricity for months.
Once people realize theyre on their own,
theres a contagion of panic. The likelihood of looting is obvious.
The Internet, whatever its advantages, has
become a potential weapon of mass destruction,
Koppel argues. Without
the frightening label, I
have made the same point
in recent columns.
Lets concede: We may
exaggerate the danger.
Cybergeddon may not be
inevitable. Theres a long
history of false alarmism.
In the 1950s, people feared
thermonuclear war. At the
turn of the century, the
Y2K computer bug allegedly threatened havoc.
After 9/11, there were
widespread warnings of
terrorism using chemical
or biological agents, as
well as a dirty nuclear
ROBERT J. SAMUELSON
bomb. More recently there was an Ebola

scare. As yet, none of these predicted calamities has occurred.
Some self-restraint may be built into the
system. Its likely, experts tell Koppel, that
both the Chinese and Russian governments
have penetrated vital U.S. cyber networks,
but they may be deterred from mounting
destructive attacks for fear of retaliation.
The United States, said one general, has the
worlds best cyber offense the ability to
damage other countries networks but a
weak defense. Highly networked countries
may refrain from mutual destruction.
Still, Koppel has an easy time building a
case for worry. When he asks Janet Napolitano, former secretary of homeland security, the chances that some adversary will
knock out a significant part of the power
grid, she responds, Very high 80 percent,
90 percent. More troubling: Koppel cites
George Cotter, a former chief scientist at the
National Security Agency, who has repeatedly contended that the grid is dangerously
porous to hostile intrusions.
What especially bothers Cotter is the
deregulation and restructuring of the

electric utility industry. Traditionally, the
industry was dominated by a small number
of large companies responsible for generating, transporting and delivering power to
customers. But in recent decades, these various functions (generation, transportation
and delivery) have been split among separate firms. Cybersecurity becomes harder
because the task of protecting the grid is
spread among many more businesses.
To be fair, Koppel quotes utility executives as asserting that the grid is highly
resilient. Taking down the grid, said one
manager, is not nearly as simple as I think
some people ... believe.
Its hard for outsiders to referee these
technical disputes. But we should not
assume that the self-restraint of major
countries will keep us safe. Were also
vulnerable to rogue states (think North
Korea or Iran) and groups of terrorists
and anarchists. The Internet empowers
the weak: The thought of an Islamic State
hacker probing for openings in European
and American networks is chilling.
So far, hacking has involved mostly commercial and criminal misdeeds. These
are costly and inconvenient. But they are
a lesser danger. The real threat is hacking intended to destabilize entire societies. Along with the grid, communications
and financial networks pose similar dangers. There are limits to how much we can
protect ourselves, but any improvement
requires a change in consciousness.
Theres a conflict largely ignored
between exploiting all the Internets
economic opportunities and reducing its
threats to social peace.
There is not yet widespread recog n it ion,
writes Koppel, that we
have entered a new age in
which we are profoundly
v u l ner able i n ways
we have never known
before. Thats our dilemma. The more functions
we put on the Internet,
the more dependent on it
we become. And todays
dependency is tomorrows
vulnerability.
Samuelsons columns,
including those not published
in the Journal, can be read
at abqjournal.com/opinion
look for the syndicated
columnist link. Copyright,
The Washington Post Writers
Group.
We can resist some ravages of time

In the new movie Creed, Rocky Balboa once again mounts the steps of the
Philadelphia Museum of Art.
In the original Rocky, the climb up
those stairs was the climax of a training
montage that has since become iconic.
With the gladiatorial horns and sweeping
strings of Bill Contis soundtrack pumping full out behind him, Rocky takes those
stairs at a celebratory run, dancing and
shadowboxing when he reaches the top.
But that was 39 years ago.
In Creed, Rocky walks. He needs help.
He has to take a breather. It is a soulful
juxtaposition to his run up those same
stairs when he was young, a moment
of almost unbearable tenderness that
reminds you just how long and how
short is 39 years.
I occasionally find myself wishing I
could see Rocky again for the first time.
I wish I could experience again that first
surge of Wow! and can do! that came when
Rocky Balboa, this unheralded club fighter nobody ever heard of, tagged preening
champion Apollo Creed with an up-fromnowhere left that dropped him like an
ex-boyfriend. People in the theater were
yanked to their feet, cheering. I was one
of them.
It is axiomatic that there are moments
when art imitates life. But there are also
moments, rare though they are, when art
impinges life, when it affects you and you
find yourself different after the experience than you were before. Rocky was
one of those moments for me.
It was a battle cry for underdogs, losers and misfits, a Bronx cheer to con-
LEONARD PITTS
ventional wisdom and long odds. It was

a reminder that the secret of success is
ultimately pretty simple: Get knocked
down, but keep getting up.
Creed is all those things, too. But it is
also, subtly, something more: a reminder
to rage against the dying of the light.
You sometimes hear athletes and TV
commentators speak of how Father Time
is undefeated and he is. You need only
look at 37-year-old Kobe Bryant struggling through his final season of professional basketball to know how true
that is. You need only note how abruptly
mediocrity landed on Bryant, the fieriest
combination of will and skill this side of
Michael Jordan, to understand that time
is a thief.
Yes, it steals your legs and stamina,
your quickness and strength. But thats
just physicality. Time takes more. It takes
the places you used to go and things you
used to do. It takes memory. It takes loved
ones. Eventually, it takes you.
Life and Creed are about how
you respond as time does those things.

When Rocky was released, writer and
star Sylvester Stallone was 30 years old.
Almost 40 years later, Creed finds Stallones signature character aged, ailing
and alone. Adrian, the wife who loved
him, Mickey, the manager who trained
him, Apollo, the opponent who befriended
him, Paulie, the brother-in-law who exasperated him, all are gone.
And on some level, Rocky is simply
marking time until he joins them. Enter
Adonis Johnson, the out-of-wedlock son of
his old opponent. Unheralded like Rocky
was, underdog like Rocky was, fighting
for respect as Rocky did, he cajoles the old
pug into training him. In the process, he
also cajoles him back into life.
Its not simply that Rocky finds a surrogate son or even renewed purpose in
readying Adonis for the ring. Rather, its
that he rediscovers the thing that made
him, him.
So much of what time steals, we have
no choice about. Your legs are going to go,
your loves are going to go, whether you
acquiesce to it or not. But to watch Rocky
struggle up those steps he once conquered
by leaps and bounds is to know that the
thing inside that makes you get up from
every knockdown is different. Its loss is
not predetermined by age. Rather, its a
choice. You decide to let time take that
thing away from you.
Or not.
Copyright, The Miami Herald; e-mail to lpitts@
miamiherald.com.
ALBUQUERQUE JOURNAL
ESTABLISHED
1880

T.H. LANG, Publisher 1971-2012

Kent Walz, Editor

A8
Wednesday, February 10, 2016
EDITORIALS
Bail bond reform measure

deserves full House vote
New Mexico lawmakers have an opportunity to

approve and send to voters a proposed constitutional
amendment that makes historic and needed changes
in the states bail bond system, which now allows dangerous defendants to bond out and terrorize the community while keeping poor, but nonviolent, defendants
locked up at taxpayer expense while awaiting trial.
Whether voters get that chance is now up to the
Republican-controlled House of Representatives.
While the GOP often accuses Senate Majority
Leader Michael Sanchez, D-Belen, of trying to derail
important legislation by giving it multiple committee
referrals, Republican House Speaker Don Tripp of
Socorro has taken a page from that playbook with
this legislation. After the proposal supported by
prosecutors, defense lawyers, the ACLU and unanimously endorsed by the board of the Greater Albuquerque Chamber of Commerce cleared the Senate 29-9, Tripp referred it to three committees. It has
cleared House Judiciary 7-2, but faces two more.
The highly profitable bail bond industry, with a
fury reminiscent of the old liquor lobby, is fighting this important reform. It is worth noting that it
kicked in $2,500 to Tripps political committee.
Another recipient of the industrys largesse is Rep.
Yvette Harrell, R-Alamogordo, who prior to the session received $1,000 from a bail bond company hoping
to set up shop in New Mexico.
Harrell, who chairs the Regulatory and Public
Affairs Committee, told Journal investigative reporter Thom Cole on Tuesday that she is hoping for an
agreement between supporters and opponents, but
absent that then we may not have a hearing.
Why is this change needed?
The states Constitution guarantees reasonable bail
for virtually all defendants. This amendment gives
judges new authority to hold dangerous ones behind
bars. As for non-violent poor people charged with
minor crimes who dont pose a flight risk it says
only that they cannot be held in jail solely because
they cant afford to post bond. Or get grandma to put
up her mobile home, or uncle Joe to offer up his car
title as security to a commercial bondsman.
It does not do away with bail .
The Legislative Finance Committee says passage
would result in more dangerous offenders in custody
and fewer non-dangerous ones in jail at a savings of
about $18 million a year to counties.
Attorney Lisa Simpson testified Monday that as
of Nov. 25, the Metropolitan Detention Center had
513 inmates who had bond set but had not posted it.
Those prisoners run up a daily tab of about $60,000.
This is a common sense fix that deals both with
so-called boomerang thugs and poor, nonviolent
defendants who are costing the taxpayers big money.
It deserves a vote first on the House floor and then
by New Mexico voters.
Modern trauma hospital needed

It bears repeating that the 340-square-foot operating rooms at the main University of New Mexico
Hospital were built in 1954, decades before technology and protocols dictated they be 700 square feet.
It bears repeating because as the design phase for a
modern surgical and adult-care hospital heads to the
UNM Board Regents for consideration on Thursday,
thats just the next stop.
Assuming the regents approve plans to launch initial design work, the final project and construction
will need approval by the Health Sciences Board, the
regents, the states Higher Education Department and
the state Board of Finance.
It also bears repeating because the current hospital
makes providing the optimum in complicated emergent
care challenging at best and impossible at worst.
UNMHs doctors, nurses and professional staff
perform about 19,000 surgeries a year in a building
designed to handle just 1,000 to 2,000. In the past year
they have treated nearly 6,000 patients from around
the state but have turned away 800 because the hospitals 308 adult beds were full.
It is indeed important that the project be vetted and
debated at every step. It is, after all, a huge investment
of taxpayer resources. The price tag for the project
which includes 360 adult acute care beds, a new psychiatric unit and a medical office building is now
around $600 million.
UNMH plans to use its significant cash reserves of
$250 million and issue $350 million in bonds it will pay
off with hospital revenues. Officials are not seeking any
new revenue from the county or state.
The next step, which is on the regents agenda Thursday, would be to get an actual design/location/cost plan
in place so an informed debate can take place. An earlier
proposal for 96 adult beds met with resistance at the
final Board of Finance stage because of unanswered
questions about where the project fit in the health
care picture. And there are still legitimate questions
to be asked and answered.
But the people of New Mexico depend on the states
only Level One trauma center to be there when they
need it. And we all want the best possible care when
facing serious injury or illness. The current facility
isnt up to that task.
So its time for detailed planning to begin in earnest so
the issues can be resolved and UNMH can move ahead
sooner rather than later in a state-of-the-art health care
facility to serve New Mexicans.
Feminism has been too successful
WASHINGTON Two recent comments by famous feminists have underscored the inevitable and predicted the
foregone: The feminist era of Hillary
Clinton, Gloria Steinem and Madeleine
Albright has come to a close.
Each heroic in her own way, these
three icons of second-wave feminism
have reached a pinnacle of sorts, along
with the bittersweet recognition that
they are sorely out of touch with todays
younger women. The world they knew
and helped change has produced a new
generation no longer as concerned with
the issues that animated their mothers
and grandmothers.
So it goes.
Adding possible injury to insult, liberal
millennial women are tilting toward Bernie Sanders rather than she who would be
the first woman president of the United
States. What are they thinking?
Albright and Steinem, speaking on different days in different environments,
offered comments that are by now familiar:
Theres a special place in hell for women
who dont help each other, said Albright,
who was the first female U.S. secretary of
state.
And, When youre young youre thinking, Where are the
boys? The boys are
with Bernie, said
Steinem, co-founder of Ms. Magazine
a nd icon ic leader
of the 60s feminist
movement.
Much bestirring followed on social media.
The gist of critics:
How dare Steinem
insinuate that young
women are just chasing boys? And, how
dare Albright curse
young women for failing to support Clinton!
They have a point.
But theyre missing
the bigger point that
had these women not
cut a path for others
to enter and expect to
be treated fairly in the
workplace and else-
KATHLEEN PARKER
where, these same young women would,
indeed, be following the boys in hopes of
inserting an R between the M and the
S in their titles, as their predecessors
had to.
This is the irony, isnt it? Of all people
to suggest that girls just wanna have fun
with boys: Though its not necessarily
untrue, Steinem has lived a life based on
quite the opposite premise. It was she,
after all, who said, A woman without a
man is like a fish without a bicycle. Come
on, its funny. And it is certainly true to
women of a certain age.
Albrights comment, meanwhile, is
a well-known and, perhaps, worn-out
trope of the former secretarys. Now 78,
she might have imagined that her audience at a Clinton rally would have
been familiar with it and responded with
laughter, as had so often been the case.
Whether some of the young women
preferring Sanders to Clinton are also
interested in boys, a not-dishonorable
distraction, was probably a weak stab at
humor, for which Steinem, 81, has apologized. Also, she was talking to Bill Maher
on his show, hardly the forum for solemn
pronouncements.
The more likely explanation, however, is
that young liberal women, like their male
counterparts, are attracted to the cool old
guy because hes promising a dream in
which the rich have less and the poor have
more. Robin Hood is so awesome.
And socialism has always appealed to
the young, the cure for which isnt age but
responsibility. Clinton, ever the adult in the
room, may be doomed by her own sober
momliness. To whom do children run to
when Mom is no fun? She isnt helped by the
two elder women in the room.
What is obvious, if bittersweet, is that
Steinem and Albright, and possibly Clinton by association, have passed the baton,
if without realizing it. Through their
temerity and hard work, theyve created
a world in which their
or ig i na l pu r poses
have become obsolete
through acceptance.
Millennial women,
who reached adulthood around 2000, and
those afterward have
never known a world
in which they were not
treated to daily doses of
go-girl power. Theyve
never known a time
when abortion wasnt
an option. They really
can have it all, including the choice to not
vote for a woman just
because shes a woman
because, after all, this
would be sexist.
And no one would
want that.
Copyright, Washington
Post Writers Group
GOP guvs take Rubio down a peg

GOFFSTOWN, N.H. There was a time
when Republican governors were not all
that different from Democratic governors.
The politicians from both parties who ran
the states tended to be a pragmatic lot. They
were pro-business because they wanted
their people to have jobs but they championed government spending in the areas
that contribute to economic development,
starting with education and transportation.
Democratic governors still largely
behave that way, but many of their Republican peers have followed their national
party to the right and now run far more
ideological administrations. North Carolina, Kansas and Wisconsin are prime
examples of this break from a longer GOP
tradition.
But in a pivotal debate here on Saturday
night, the old solidarity among Republicans in charge of statehouses made a comeback of convenience. Govs. Chris Christie
and John Kasich and former Gov. Jeb Bush
are competitors but they had no qualms
about creating an ad hoc alliance that
might be called Governors Against Callow and Outrageous Candidates.
They took on both Donald Trump and,
indirectly, Sen. Ted Cruz. But their central
target was Sen. Marco Rubio, who had a
chance to put all three governors away with
a strong performance. Instead, thanks to
the pugilistic Christie, Rubio wilted.
In nearly every season, there is a media
favorite whose standing with journalists
relates not to ideology but to what reporters think a good candidate should look
and sound like. For some time, Rubio has
been that guy. Fresh and fluent, Rubio
seems to bridge the partys divides. He
was nominated for the Senate as a tea
party favorite, but was really an insider.
On paper at least, hes the potential GOP
E.J. DIONNE Jr.
nominee who scares Democrats the most.

A young Cuban-American (age: 44) would
presumably have a nice edge on either of
the Democratic candidates (ages: 68 and
74), and Rubio loves playing the generational card.
In practice, trying to be all things to all
Republicans has often thrown Rubio off
balance. His multiple positions on immigration reform make him both a target of
the GOPs anti-immigration hard-liners
and the object of (mostly private) scorn
from Republicans who were struggling
to get an immigration bill passed.
All along, the question about Rubio has
been whether hes too good to be true.
After Christies clinical takedown during
their encounter at Saint Anselm College,
this suspicion is now front-and-center in
the Republican campaign.
Marco, the thing is this, Christie thundered. When youre president of the United
States, when youre a governor of a state,
the memorized 30-second speech where you
talk about how great America is at the end
of it doesnt solve one problem for one person. They expect you to plow the snow. They
expect you to get the schools open. And
when the worst natural disaster in your
states history hits you, they expect you to
rebuild their state, which is what Ive done.

None of that stuff happens on the floor of
the United States Senate.
Ah, yes, governing is about running a
government, even if Republicans arent
supposed to like government.
The real shock was that Rubio played
right into Christies hands by repeating
a canned attack on President Obama four
times. Christie couldnt believe his good
fortune. There it is, there it is, Christie
declared, basking in his eureka moment,
and chopping five seconds off the prefabricated Rubio sound bite. The memorized
25-second speech. There it is, everybody.
Of course none of the three governors
is like the moderate (let alone liberal)
Republican chief executives of old. Kasich
came closest when he insisted that conservatism should mean that everybody
has a chance to rise regardless of who
they are so they can live their God-given
purpose.
Bush had by far his best debate, for once
taking on Trump without backing off, and
he has looked comfortable, even happy, in
his final town hall meetings around the
state. But over and over, Bush made clear
just how conservative he had been as governor, and how conservative hed be as
president.
Nonetheless, for one night, positioning,
ideology and Obama-bashing wrapped
in an attractive new package were not
enough for Rubio. Its not clear what
Christie did for his own candidacy, but he
performed a long-term service by reminding his party that running a government
is serious work and ought to be respected.
That this was revelatory shows how far
contemporary conservatism has strayed
from the essential tasks of politics.
Copyright, Washington Post Writers Group
LEGISLATURE
llll
THURSDAY, FEBRUARY 18, 2016 | THE ALBUQUERQUE JOURNAL | A3
Lawmakers send $6.2B budget plan to governor

From PAGE A1
W hen the next cr isis

comes with our budget, were
not going to have these huge
reserves and these cash balances to sweep, said House
Minority Leader Brian Egolf,
D-Santa Fe.
Lawmakers also sent to
the governors desk another big-ticket spending bill
Wednesday, when the Senate
signed off on House Bill 219, a
$166 million package of public
works projects.
Meanwhile, ethics-related
legislation faced tougher sledding at the Roundhouse.
Attorney General Hector
Balderas told the Journal on
Wednesday that he was disappointed with the failure of an
ethics commission proposal a
day earlier, and with the slow
movement of a bill making
explicit that corrupt public
officials lose their pensions.
I think that politicians are
afraid to apply accountabil-
ity and strengthen laws that

may impact their own bodies.
Thats always been a very difficult culture to overcome,
Balderas said.
B a ldera s sa id he wa s
hopeful the Legislature will
strengthen and put teeth into
the (pension forfeiture) law.
The attorney general determined last year when he was
prosecuting former Secretary
of State Dianna Duran for misusing her campaign funds
that the current law which
some thought allowed pension
forfeiture was vague and
unworkable.
Several senators, meanwhile, defended themselves
against criticism that they had
derailed a House-approved
ethics commission measure.
Sen. Da n iel Ivey- Soto,
D-Albuquerque, told reporters at a news conference that
members of the Senate Rules
Committee had merely tried
to improve the proposed ethics
commission, not kill it.
I do think its a little bit
unfair to suggest things go to

die when you have sponsors
who abandon their bills, IveySoto said.
That was a reference to Rep.
Jim Dines, R-Albuquerque,
the sponsor of the ethics commission measure, who said
Tuesday that revisions proposed by members of the Senate committee would make it
a toothless tiger and that he
didnt want his name on it.
Late action
The Senate unanimously
approved House Bill 65, which
would provide sentences of
up to 10 years for possession
of child pornography, plus an
additional year if the child
depicted is under 13. Currently, because of a court ruling,
those offenders can be sentenced at most to 18 months,
no matter how many images
they possess.
Distribution or production
could result in an 11-year sentence up from the current
Bail reform will go to voters

Senate approves
pp
amendment proposal
Online
BY THOMAS J. COLE
For the latest news

on the Legislature,
go to ABQJournal.com
SANTA FE New Mexico

voters will have their say in
the November election on a
proposed amendment to the
state Constitution that would
allow judges to hold dangerous
felony defendants without bail
pending trial.
The Senate, in a unanimous
vote and without debate, gave
final approval Wednesday to
the proposed amendment
the result of a compromise
reached by key lawmakers,
the state Supreme Court, the
bail industry and others. The
House, also unanimously,
approved the proposed amendment, Senate Joint Resolution
1, last week.
The chief targets of the measure are dangerous turnstile
thugs those offenders who
are jailed, only to post bail and
commit more crimes while
awaiting trial. Currently,
under the state Constitution,
nearly all defendants are entitled to reasonable bail.
Under the proposed amendment, a judge could deny bail
to a defendant if there was
clear and convincing evidence
that no release conditions
would reasonably protect the
safety of any person or the
community. This amendment
will give judges the tools they
need to best protect our communities, Democratic Sen.
Peter Wirth of Santa Fe, a
chief sponsor of the proposed
amendment, said after the
Senate vote.
Voter approval of the measure would bring New Mexicos bail system more in line
with federal laws and laws in
some other states that permit
pretrial detention of dangerous defendants.
Proposed constitutional
amendments approved by the
Legislature dont go to the governor for signature or veto and
instead go directly to voters.
However, Gov. Susana Martinezs top public safety official
has endorsed the proposed
bail amendment.
The proposed amendment
includes a second provision
designed to deal with defendants who pose no risk but are
held in jail before trial simply
because they cant post bail.
Under that provision, a
defendant who is neither a danger nor a flight risk couldnt
be detained before trial solely
because of a financial inability to post a money or property
bond. Most money bonds are
posted by bail bondsmen, who
charge a defendant a fee equal
to 10 percent of the bond.
County officials pushed that
provision, saying the release
of defendants who pose no risk
would help them trim their
jail costs. Bernalillo County
reported that as of Nov. 25, it
had 57 jail inmates who had
bail set at $100 or less but
couldnt post it. Another 123
defendants were being held
on bail of $101 to $500.
Bail should be based on
risk, not resources, Wirth
said.
The bail industry initially
opposed the provision dealing with defendants who pose
no risk but agreed to support
the proposed amendment after
the provision was rewritten
to make it possible for a judge
to refuse a no-bail release to
an indigent defendant if the
defendant posed a flight risk.
Also, under the compromise,
an indigent defendant who is
neither a danger nor a flight
risk may be required to file a
court motion requesting relief
from a requirement to post
money bail.
Because of the changes to
the provision dealing with
defendants who pose no risk,
the New Mexico Criminal
Defense Lawyers Association
and the American Civil Liberties Union of New Mexico withdrew their support.
The original bill addressed
the disparity and fundamen-
tal unfairness that allows the

wealthy to post a bond while
the common citizen sits in jail
waiting for a trial. This new
version no longer holds true
to that goal, said Matt Coyte,
president of the defense attorneys group.
The movement to reform
New Mexicos bail system has
its roots in a decision by the
state Supreme Court in 2014.
The justices said that, with few
exceptions, a defendant must
be released pending trial on
the least restrictive conditions necessary to reasonably
ensure the persons appearance in court and safeguard
the public.
A judge can require a defendant to post a secured bond
either individually or through
a bail bondsman only if other release conditions dont reasonably guarantee appearance
in court and public safety.
Courts around the state had
drifted from the legal requirements by failing to assess the
individual risks posed by
defendants and instead relying in large part on so-called
jailhouse bond schedules that
set bail based on the crime
alleged.
Since the court ruling, some
judges have sharply increased
the number of defendants
released on personal recognizance or upon the execution
of an unsecured appearance
bond, which is a promise by
the defendant to pay a certain
amount of money should the
person fail to appear in court.
There also is a national
movement to reform bail. A
group called Equal Justice
Under Law has filed several
lawsuits around the country,
alleging that keeping people
jailed solely because they
cant pay a cash bond violates
the U.S. Constitution. The U.S.
Justice Department has sided
with the group.
The United States and the
Philippines are reportedly the
only countries whose pretrial
release systems are dominated by commercial bail bond
companies.
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three years and manufacture could result in a 12-year

sentence, instead of nine years
now.
The Senate left intact a
provision thats intended to
ensure that teenagers under 18
who engage in sexting arent
charged with possession.
Balderas objected to that
exemption, saying it walled off
law enforcement from investigating situations that may, in
fact, be exploitation.
The bill headed back to the
House for its agreement to
changes the Senate made.
The Senate also approved
on a 34-2 vote Senate Bill 118,
which would create a penalty
for an eighth or subsequent
DWI: a potential 12 years in
prison, with 10 years of that
mandatory.
Currently, the penalty provisions stop at a seventh or
subsequent DWI with a potential of three years in prison.
In other action Wednesday:
n The House voted 63-0 to
approve Senate Bill 137, requir-
ing student athletes with concussions to sit out for at least

10 days, up from the current
requirement of seven days.
The concussion protocol
also was expanded to youth
athletic groups that use public
school district property.
n The Legislature sent to the
governor House Bill 336, authorizing the Department of Public Safety to create and maintain a criminal records clearinghouse that merges information from multiple databases. It
also would require the Administrative Office of the Courts to
report to the FBI any information from court proceedings,
or other updates, that would
affect someones eligibility to
buy a gun.
n Lawmakers sent the governor a bill that would allow
17-year-old New Mexicans to
vote in the June primary election if they will turn 18 before
the November general election.
House Bill 138 passed 24-16.
n Lawmakers sent the governor House Bill 105, which
would mandate that the Secretary of States Office create

and maintain a more userfriendly, modern campaign
contribution website that
would be searchable by the
secretary of states staff and
the public.
Unfinished business
Unresolved as the session
wound down were other
crime-related bills that Martinez and majority House
Republicans made a priority.
They included harsher
penalties for child abuse, an
expansion of the three-strikes
law and a bill allowing judges
to look at the juvenile records
of some offenders when theyre
deciding about bail.
Other proposals awaiting
action would allow retired
law enforcement officers to
return to work while still collecting their pension benefits
and increase the annual payout from the states $14 billion
Land Grant Permanent Fund.
MARCH FOR VICTIMS OF DWI
EDDIE MOORE/JOURNAL
Nelson Alarcon, 18, left, from Capital High School in Santa Fe, leads a group of about 275 people
near the state Capitol on Wednesday in the sixth annual March of Sorrow. The event, organized
by Santa Fe Public Schools Student Wellness Action Team, Santa Fe Prevention Alliance, AAA
New Mexico and Santa Fe Preparatory School, is held in memory of victims of DWI.
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Historic mission has link to New Mexico

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As scientists waited anxiously

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Sandia, LANL may

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Between a fence and a hard place

Owner of bike accused of chasing down, killing thief

Four months ago,

When Michael Kaumans

standoff at a Southeast Albuquerque motel.

hey say good fences

See BETWEEN >> A3

2 held in motorcyclists slaying

Ankle monitor didnt prevent tragic crash

with Hothan in a green truck, the pair saw

A SWAT officer takes Mariah Kent Hothan, 30,

Due to Rapid Growth of Our Community Kingston Residence of

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Business is booming and Perfection Honda has immediate

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THERAPIST needed asap in Moriarty. Provides counseling services

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Locally based company is expanding & adding 6 new positions.

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