Hearing Impaired Women Sues Sheriff's Office with help of ACLU

The ACLU of New Mexico filed suit against the Bernalillo County Sheriff’s Office (BCSO) and several of its deputies on Thursday -- the same day they settled this lawsuit.

The ACLU claims sheriff’s deputies coerced Angelicka Serna, a hearing-impaired woman, to falsely accuse her fiancé, Jose Herrera, of domestic abuse. The suit alleges that BCSO deputies violated the plaintiff’s First and Fourteenth Amendment rights when they threatened to take away her infant son if she didn’t confess that her boyfriend assaulted her.

The suit also alleges that the Defendants violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act by failing to use a certified sign language interpreter when Serna requested one.

The incident occurred in November of 2008 as Serna, her fiancé, and their child attempted to leave an apartment where they had just been caught in the middle of an altercation involving other individuals.

BCSO deputies arrived outside as they were leaving and noticed the minor bruises and scrapes the couple sustained in the confusion of the fracas. When questioned by the deputies, Serna produced a card that explained she was hearing impaired and requested the presence of a qualified interpreter.

Ignoring her request, the deputies instead separated the couple and relied instead on Jose’s half-brother, Louis Herrera, who possesses only rudimentary sign language skills and is not a qualified interpreter.

“This incident is an excellent example of why we have laws like the Americans with Disabilities Act,” said ACLU-NM Executive Director Peter Simonson. “If the sheriff’s deputies had taken the time to procure a certified sign language interpreter as required by law when one was requested by Ms. Serna, the misunderstanding would not have led to the shocking violation of her rights and the wrongful arrest of Jose Herrera.”

The ACLU of New Mexico is suing BCSO on behalf of Angelicka Serna for damages and also demands that BCSO alter their regulations to be compliant with the ADA and Rehabilitation Act. The case was filed by ACLU-NM Staff Attorneys.

White may replace Berry in state legislature

This afternoon, less than a week after being elected Mayor of Albuquerque, two-term State Rep. Richard Berry (R-Bernalillo) resigned his District 20 house seat to focus on his transition to leading the state's largest city.

Now, Bernalillo County Commissioners, led by three Democrats and two Republicans, are scrambling to find a replacement for Berry by the start of Saturday’s special session.

Insiders gave us the word this afternoon that Republican Jim White (not Sheriff Darren White) has emerged as the leading GOP candidate for the position.White lost to Berry in the 2006 Republican primary after receiving retiring House Minority leader Tedd Hobbs endorsement. White, an Air Force retiree and former GOP State Treasurer, did not immediately return our phone calls.

The commissioner's next meeting is tomorrow at 5pm and the appointment discussion has already been added to the agenda.

In a news release announcing his resignation, Berry said he needs to focus full-time on his transition.

“The citizens of my district deserve a full-time legislator representing their needs in Santa Fe and the people of Albuquerque deserve a mayor-elect who is working full time to facilitate a smooth transition at City Hall.”

Republican County Commissioner Michael Brasher said he’s looking for someone who knows Berry’s district.

“They’ll need to have an understanding of the problems, needs and interests of the district,” said Brasher. “They will have to carefully go through the budget addressing the [state budget] shortfall issues. They’re going to have a spent a lot of time getting a briefing on the budget situation.”

Brasher anticipates the person selected will be a registered Republican.

“It’s a Republican district. It’s been represented by a Republican for years, so I expect we’ll chose a Republican to fill the position.”

Democratic Party of New Mexico’s Executive Director Josh Geise disagrees with the notion that the seat has to be filled by a Republican.

“Certainly there will be qualified Democrats interested in serving, and we would encourage the county commission to select one of those Democrats,” said Geise.

But, Geise told us that no Democrat, living in District 20, had approached the party for support by 4pm on Monday afternoon, but said interested individuals may be contacting county commissioners directly.

Democrat County Commissioner Maggie Hart Stebbins, who was just appointed to the board by Gov. Bill Richardson on May 12^th to replace Deanna Archuleta, who accepted an appointment by U.S. Interior Secretary Ken Salazar as Deputy Secretary for Water and Science, said that she doesn’t think the board decision will be partisan.

“I think our position has to be consider anyone who’s interested and make the best choice based on qualifications. I would like to give all the people interested in the seat consideration,” said Hart Stebbins. “I do understand the need to have someone represent District 20 during the special session in Santa Fe, but I would like to make sure it’s an open process.”

She said whoever is selected needs to have deep roots in the district and be prepared to jump right in.

House Speaker pledges to get appointee up to speed by Saturday

“I feel that the commission will make a wise decision,” said House Speaker Ben Lujan. “I would think the commission will be interviewing a lot of people and that they will appoint some who can handle the duties that needed during the upcoming special.”

Lujan said that he expects there will be between seven and ten bills to cover the budget shortfall and that he would get whomever is appointed to Berry’s seat as much information as possible ahead of this weekend’s session in Santa Fe.

Lujan seemed surprised to hear Berry had resigned ahead of this weekend’s meeting.

“I was hoping he was stay on. He didn’t have to resign,” said Lujan. “I understand it’s probably a lot of work. He was a good member of my Corporations and Finance Committee.”

Berry served on the interim Finance Authority Oversight Committee and was an interim member of the Retirement Systems Solvency Task Force. He also served on the Appropriations and Finance Committee and was a member of the Transportation and Public Works Committee. He also was a Rules and Order of Business member.

Berry will be sworn into office in Albuquerque on December 1st.

Sheriff White endorses Berry in Albuquerque's mayoral race

After claiming to be neutral in the 2009 Albuquerque mayoral, Bernalillo County Sheriff Darren White, switched gears and announced this morning that he's endorsing fellow Republican State Lawmaker Richard "RJ" Berry.

White indicated it is Berry’s position on crime and "the false attacks" by Marty Chavez that persuaded him to get involved. Both men have claimed Albuquerque has become a sanctuary city.

“I did not endorse anyone against Chavez in 2005, but Richard Berry is a good man and I know he’ll be tough on crime,” said Sheriff White. “I’m disgusted by the false, personal attacks made against Richard Berry and his family. Claiming Berry is not a businessman is like saying I’m not a cop.”

Just last week, Bernalillo County Sheriff Darren White said he was upset at comments that Albuquerque mayor Martin Chavez made at a recent debate about the crime rate in unincorporated parts of Bernalillo County. Albuquerque lies in the borders of Bernalillo County.

Richard Berry has made crime a centerpiece of his campaign, promising to crackdown on gangs, target property crime and end the mayor’s sanctuary city policy for criminals.

Mayor Chavez' campaign quickly responded to our inquiry about White's endorsement. Spokeswoman Joan Griffin, an email to us, wrote:

The Albuquerque Mayor's race is a non-partisan race. The Mayor is proud to have the endorsement of the Albuquerque Police Officers Association, the Fraternal Order of Police the Albuquerque Firefighters Association and the National Rifle Association.

But, the Berry campaign isn't wasting anytime promoting the endorsement by long-time Republican White. They've purchased radio time on 770KKOB and are airing these commercials.



In this spot, an announcer states "12-year incumbent Mayor Chavez wants to play games." The ad goes on to describe "facts" about one of Berry's top campaign issues the city's so-called sanctuary city policy.

The spot refers to a 2007 policy which prohibited Albuquerque Police Officers from checking the immigration status of criminals in their custody. Berry has said the policy attract criminals. Berry's ad states that some criminals that are suppose to be turnover to immigration officials were never deported.

Chavez' has regularly said anyone arrested for a crime who is later determined to be in the country illegally is reported to the I.C.E. for deportation, but that the custom's agency hasn't always followed up with deportation. Suspects not picked up within 48 hours can then be released back on to Albuquerque streets.

In the ad, White tells voters the "personal attacks against Richard Berry and his family are desperate and false." He urges voters not to be fooled by them."

Deputy McGrane's "End of Watch" Marked with New Highway Sign.

For nearly three years a white cross has marked the spot along highway 337 where Bernalillo County Sheriff's Deputy James McGrane was senselessly murdered during a routine traffic stop three years ago.

Now, a large green highway sign will remind driver's of McGrane's "end of watch" patrol on March 22, 2006.

On Friday, Governor Bill Richardson, Sheriff Darren White, McGrane's mother, father, sister, and nieces, the mayor of Tijeras, and others, honored the fallen deputy and dedicated the rural road to McGrane.

Wearing his full dress uniform and white gloves, Sheriff Darren White told the crowd how much McGrane, an 11 year law enforcement vet, loved his job, even calling him a "hero."

McGrane's dad, who drives a school bus said he asked his young riders to pray for good weather for the dedication ceremony, instead the wind and cold reminded the needless and chilling loss of his son.

McGrane said the new memorial would be a reminder of how his son lived...not died.

He also recalled how his son was afraid of the dark as a child, but loved patrolling the dark streets in the East Mountains as an adult. His mother said her last phone call with her son was 12 hours before his death. She told the crowd of nearly 150 people that McGrane told her he'd been invited to join the S.W.A.T., but was uncertain, because he loved community policing and his East Mountain Assignment. Mrs. McGrane said she's certain her son would be delighted with the crowd turnout, and that he's watching over deputies and police officers from heaven.

The McGrane's Foundation has been responsible for raising money for several advance street survival training classes and workshops for law enforcement officer's statewide.

Governor Richardson praised the family and Deputy McGrane.

Deputy McGrane sacrificed his life protecting the citizens of Bernalillo County and the citizens of this great state. He paid the ultimate price in the name of duty and public service. The naming of this Memorial Highway in honor of Deputy McGrane is a way for us to thank him for his service and remember what he and other fellow law enforcement officers do for us on a daily basis-putting their lives on the line in order to keep our communities safe.

State Transportation Commissioner Jackson Gibson said:

Naming this highway after Deputy McGrane is a fitting tribute to a man who gave his life in the line of duty. We hope this Memorial Highway will serve as a lasting reminder of Deputy McGrane's legacy.

The dedication officially designates 29.3 miles of N.M. 337 from N.M. 333 to N.M. 55 between Tijeras and Mountainair.

McGrane's accused killer Michael Paul Astoraga is facing the death penalty. But prosecutors are waiting to see if the ultimate penalty is repealed by lawmakers in Santa Fe, or if the court tosses the death penalty, before proceeding to trial.

State Road Is Renamed after Slain Sheriff's Deputy!

A Bernalillo County sheriff’s deputy killed in the line of duty is getting a new tribute.

Today, at a meeting in Santa Rosa, The NM Transportation Commission agreed to name State Road 337, in Tijreas , the James McGrane Highway.

Deputy McGrane was shot and killed while making a traffic stop there at the end of his watch on March 22, 2006.

McGrane's accused killer Michael Paul Astoraga is awaiting trial and is currently housed at the NM State Prison in Santa Fe on parole violations. Astoraga is also accused in two other earlier murders. He was arrested in Mexico City and extradited to New Mexico in April 2006 after his mug shot appeared on America's Most Wanted.

McGrane had served with the Bernalillo County Sheriff's Department for 3 years. He also worked in law enforcement for the NM State Police and the United State Postal Inspection Service.

The renaming process began a few years ago by residents in the East Mountains.

County Commissioner Michael Brasher and Sheriff Darren White backed the idea, but the process was delayed because road name change rules were being changed by the NM Transportation Commission.

"This is a fitting tribute to a dedicated law enforcement officer," said White. "It is recognition of the way McGrane lived his life, not by the way it was taken."

White says he doesn't have an exact date for the ribbon cutting ceremony, but said, "It won't be long. We've already been in touch with the Governor's office."

The Officer's Down Memorial Page has more information on McGrane.

The ABQJournal has more on the story, including how the 38-year old's family is celebrating the decision.

White Still Grinding It Out Door to Door.

On Sunday afternoon, with the sun dropping below the western horizon one hour earlier, Republican CD1 Candidate Darren White is still pounding the pavement, knocking on doors, and asking residents to vote for him on Election Day.

White is upbeat after receiving an important community endorsement from the ABQ Journal on Saturday, and reading polls showing him still within striking distance of his Democratic opponent, albeit it down another two percentage points, but within the margin of error.

"We knew last year this race was going to come down to the wire," said White. "We feel good that we"ll pick up most of the undecided and independent voters."

Meanwhile, Democrat Martin Heinrich told KOAT, "We're going to be campaigning until right up to 7 o'clock on Tuesday night. We're going from place to place all day today, all day tomorrow and on Tuesday as well. We're just going to keep pushing until 7 o'clock on Tuesday," Heinrich said.

White is giving is staff credit for keeping the race close.

"They've worked hard to keep this race essentially neck and neck. Martin hasn't been able to put us away despite all the money he's raised," said White.

"Heinrich has outspent us in this race," said White. "Last week the DCCC bought another $500,000 in television advertising time, because Heinrich, can't close the deal with the voters. The more they find out about him the less comfortable they are voting for him. People just don't like the positions my opponent has taken," said White.

Heinrich's campaign believes their own organization will put them over the top on Tuesday.

From the Democrat's blog:

We're within the margin of error and it's our ground game that is going to decide this election...

If you weren't an early voter, or if you're still undecided, here's an online voter's guide from the non partisan League of Women's Voters; plus, take a few minutes to listen to all of our 5-minute Q&A's with each of the congressional and senate candidates here.

Here's a shortcut to our interview with Martin Heinrich.

And a shortcut to our interview with Darren White.

UPDATE - 8:45pm

Plan to visit the blog tomorrow for our final interview with CD3 Candidate Ben Ray Lujan.

Do Darren White's Deputies Threaten Ballot Box Integrity on Election Day? Sheriff Demands Apology for Accusations.

Darren White says Martin Heinrich's campaign owes Bernalillo County Sheriff's Deputies an apology after the Democratic Congressional Candidate raised some serious questions regarding their election day integrity on KOB TV's Eyewitness News 4. See the report here.

We just received a copy of this letter from Darren White to Martin Heinrich:

10/30/2008

Mr. Heinrich,

On Wednesday, October 29, 2008, your campaign laid out a very public charge on KOB-TV that you do not trust the deputies of the Bernalillo County Sheriff’s Department to uphold Election Day ballot integrity, protection and security.

Your cheap political smears, claiming our deputies cannot be trusted, attack every law enforcement officer in the State of New Mexico, and I call on you to personally issue an apology to the deputies of the Bernalillo County Sheriff’s Department.

Also, your campaign operative, Jason Burke, should be informed that the deputies serve the citizens of this county, first and foremost. Just like the employees of the Bernalillo County Clerk’s Office, who are dedicated professionals, they would never compromise an election because their boss’ name is on the ballot.

And for the record, the officers of the New Mexico State Police despise being referred to as “troopers.”

Martin, desperate political attacks against law enforcement officers is repugnant and unbecoming for someone who portends to represent the people of this community in Congress with dignity.

The Bernalillo County Sheriff’s Department has always provided Election Day security with unquestioned commitment to the process. The department provides ballot protection so the system is just and fair for everyone involved – Democrats and Republicans, incumbents and challengers. In no way will this election be decided by the deputies.

The deputies and other law enforcement officers of this community put their lives on the line every single day for our citizens. It is a disgrace that you would raise public suspicions about their integrity, honesty and professionalism, for the sake of a political stunt – a week before Election Day.

On the one hand you defend the actions of a convicted eco-terrorist, while on the other hand you question the integrity of our police officers. I believe this is a revealing look into your thinking and why so many believe you are the most extreme candidate ever nominated in this district.

Again, I call on you to personally and publically apologize to the law enforcement community of New Mexico. The comments of Jason Burke, acting as your representative, were out of line and downright false and represent the worst kind of politics and outside interference in New Mexico’s election process.

You should know better, Martin. This is no way for you to conduct a campaign for Congress on the backs of dedicated civil servants and law enforcement officers.

Sincerely,

Darren White

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County Clerk Maggie Toulouse-Oliver says anyone from either political party is allowed to observed the transfer of ballots to her election warehouse.

Singer Pat Boone Praises White

Legendary entertainer Pat Boone, spokesman for a national non-partisan senior citizen group, has presented Darren White with the Association’s Honorary Guardian of Seniors’ Rights award.

Boone, a recording artist, movie and TV star second to none in the 1950s, 60s and 70s, called White a “fighter for the elderly.”

The 60 Plus Association’s Guardian Award is presented to Democrats and Republicans in Congress based on their “senior friendly” voting records. The Honorary Award is given to those running for office and is based on their views on seniors’ issues.

Boone cited White’s support for repealing the 1993 tax imposed by President Clinton on Social Security benefits, as well as White’s support to repeal the ‘Death Tax’ which hurts small businesses and farmers across New Mexico and the country. “Darren White, running for the U.S. House of Representatives for New Mexico 's 1st District, knows a bad tax when he sees one,” said Boone, “and the Death Tax is as bad as they come!

“And to those who call death tax repeal a ‘tax break for the rich,’ or akin to giving a ‘tax break for Paris Hilton,’ I say that’s nonsense, a con job of the first order. In fact, invoking her name is an insult to small businesses and farmers,” said Boone. “Why? Because the rich set up trusts and foundations to protect their assets, and who can blame them? Ever heard of the Kennedy, Heinz, Gates, Turner, Buffett, Winfrey or Rockefeller Foundations, as well as the Hilton Foundation, to name a few?”

Boone continued, “I am pleased to present this award to Darren White. He is a tax cutter, protecting the pocket books of senior citizens. 60 Plus calls on nearly 5 million seniors for support so I believe I can speak on behalf of seniors when I say that they can count on Darren White. Clearly, seniors will have no finer friend in Congress than Darren White.

Freedom Watch Ads Challenged by NM Democrats

Ahead of Thursday night's debate the Democratic Party of New Mexico and Chairman Brian S. Colón, Chairman filed a complaint with the Federal Election Commission (FEC) against the New Mexico Republican Party, Freedom's Watch and Candidate for Congress, Sheriff Darren White. They say a Republican group, Freedom's Watch, is violating Federal Election laws and is coordinating its efforts with White's campaigns to produce and buy television ads, which is prohibited.

The parties statement said released by Conchita Cruz for the parties Executive Director Josh Geise said:

The Democratic Party of New Mexico believes that the attack ads coming from Freedom's Watch and the New Mexico Republican Party share more than just similarities. Both of these ads share the same photographs of Martin Heinrich and were produced by the firm Stevens, Reed, Curcio and Potholm, the same firm that produced the 2004 Swift Boat Veterans for Truth commercials.

The actions of the New Mexico Republican Party and Darren White are illegal and reckless. Does Sheriff Darren White think he is above the law? We call on Darren White to demand that Freedom's Watch stop airing their ads and cease this illegal activity on behalf of his campaign.

This is not the first time Freedom's Watch has been implicated in this type of scandal. In April 2008, the Democratic Congressional Campaign Committee charged that, in a special election for Congress in Louisiana, Freedom's Watch was running a television advertisement with a script that came from the National Republican Congressional Committee, which is illegal. Freedom's Watch is run and supported by several former officials of the Bush Administration.

White Gets Another Professional Endorsement!

The day after Darren White's campaign released its fifth TV ad the the Chicano Police Officers Association (CPOA) has announced it has endorsed Darren White for Congress.

The CPOA was established in 1973, the Chicano Police Officers Association stands for “equality, opportunity, and justice for all.” The CPOA has approximately 330 members.




Today’s endorsement continues Darren White’s overwhelming support from New Mexico ’s law enforcement community. Darren has also received the official endorsements of the Albuquerque Police Officers’ Association (APOA), the Bernalillo County Deputy Sheriff’s Association (BCDSA), and the New Mexico Fraternal Order of Police (FOP).

“The support that I have received from my fellow law enforcement brothers and sisters is overwhelming,” said Darren White. “Many politicians speak about their respect for the law enforcement community and solving local crime problems but nobody really gets it until they put on that uniform and actually experience it. My 20+ years of public service in Albuquerque and Santa Fe have prepared me well to face the tough challenges ahead in Washington.

“I am humbled by the Chicano Police Officers Association’s endorsement, and I look forward to serving them and our community with honor.”

The television ad, entitled "Broke the Law," attempts to highlight allegations that former city councilor Martin Heinrich admitted to breaking city law by illegally operating an unlicensed business while serving on the City Council. Heinrich also admitted to being paid by special interest groups to lobby and influence government officials, but never registered as a lobbyist. Heinrich even claimed he was not required to register as a special interest lobbyist, but his former boss has publicly disagreed, saying Heinrich should have registered as a lobbyist.

“Our ad points out that Martin Heinrich used his elected City Council office and position to help his own special interest lobbying clients, by pushing their liberal agenda on the City Council,” said Stephen Schatz. “By using his title as City Councilor, Heinrich influenced elected officials and government bureaucrats in Congress, Santa Fe , and Albuquerque on his own clients’ behalf. It is time for you to come clean, Mr. Heinrich. Who were the special interest groups that paid you to push their agenda? The voters deserve the truth.”

KOB TV will air the first CD-1 debate tonight at 7pm.

Photo: MG Bralley

WHITE HAS $631K FOR FINAL STRETCH

On Thursday, the Darren White for Congress campaign released its latest financial report to the Federal Elections Commission (FEC). The report showed that Darren White’s campaign has $678,371 cash-on-hand compared to Martin Heinrich’s $327,608 – a 52 percent difference.

“We are in great standing for the home stretch,” said Stephen Schatz. “With just 19 days left to go, we feel that we have the resources and manpower necessary to close strong and to achieve victory on November 4th. Our cash-on-hand total puts us in a good position to respond to our opponent’s false character attacks, and will allow us to get-out-the-vote.”

Darren White received $554,347 in contributions for the quarter, and has raised $1,507,556 since he began his campaign.

The cash-on-hand report follows an earlier press release from the Heinrich campaign requesting local TV stations pull ads the Republican Party is sponsoring for the White Campaign. See the their news release here.

Whites report does not mention that Heinrich reported donations of $750k in the third quarter of 2008 and has the support of big money fro the DNCCC for local television media buys.

White Claims He Raised Flag on Aragon Long Ago

Today, former Senate President Pro Tem, State Senator Manny Aragon pleaded guilty to three charges of conspiracy and mail fraud in a public corruption scandal surrounding the construction of the downtown Metropolitan Courthouse. Earlier, Aragon’s co-defendants pleaded guilty to corruption charges earlier this week and agreed to provide federal prosecutors information on millions of dollars in kickbacks to Manny Aragon, who was working to secure their construction contract.

Now Darren White, who served as Secretary of Department of Public Safety [DPS) says he raised the flag on the "bought and paid for Aragon," long ago.

White's campaign released the following statement:

Former State Senator Manny Aragon has a long history of shady deals, unethical behavior, strong-arm tactics, and huge conflicts-of-interests when he controlled the Roundhouse in Santa Fe.

As the Associated Press reported, when Darren White served as the Secretary of Public Safety in Governor Gary Johnson’s Administration, Darren ‘did what few in state government have dared to do: publicly criticize Aragon’s involvement in debates and legislative decision about privately operated prisons in New Mexico.’ As Darren correctly pointed out, Manny Aragon was a ‘bought and paid for’ consultant for the industry he was in charge of regulating.

Along those same lines, the Santa Fe New Mexican reported on Aragon’s power ‘play’ where he was ‘pandering to the police-officers’ union,’ and orchestrated the ‘crass politic[al]’ stunt of the New Mexico State Police Association’s vote of no confidence. The paper concluded that the vote of no confidence was ‘reason enough for the rest of our state’s population to be glad he’s [Darren White] the top cop.’

Darren White has long fought against shady deals, corruption, and ethics violations throughout his career – from Santa Fe to Albuquerque. When he is elected to Congress Darren will continue do the same thing and fight for the citizens of New Mexico.

Darren White will shake up the political bosses, shady lobbyists, and the traditional power-brokers in Washington, D.C., and promises to govern in an open and transparent manner ....

White released these two articles as proof of his concern years ago:

Legislators decide the rules governing their ethical behavior

Associated Press

12 September 1999


SANTA FE (AP) - New Mexico's recent prison troubles could force the Legislature to undergo a bit of self-examination and rethink the ethical rules that govern the conduct of lawmakers.

As the Legislature tries to organize an investigation into privately operated prisons, questions are resurfacing whether the Senate's top leader has a conflict of interest in dealing with prison-related matters.

It's unlikely those questions will go away soon. And if the issue lingers long enough, it could focus public attention on what a national watchdog group says are flawed ethics laws governing legislators in New Mexico and other states.

"Taken together, the financial disclosure rules that apply to the nation's state legislators may be more loophole than law," the Center for Public Integrity, a Washington-based research group, said in a report earlier this year.

At the center of the ethics dispute in New Mexico is Senate President Pro Tem Manny Aragon, D-Albuquerque. He's a paid consultant to Wackenhut Corrections Corp., the Florida-based company with a multi-million-dollar contract to hold state inmates in its prisons at Hobbs and Santa Rosa.

Since December, four inmates and a guard have died at Wackenhut prisons. That's prompted the calls for an independent investigation into private prisons.

Aragon is among those pushing for an investigation. He says his business interests with Wackenhut pose no conflict with his legislative duties because the prison consulting work involves matters outside of New Mexico.

Aragon also says he's being unfairly singled out for ethical scrutiny. He suggests similar conflict of interest questions apply to the business interests of New Mexico's other part-time citizen legislators - from teachers and ranchers to liquor retailers and oil producers.

But last week, Public Safety Secretary Darren White did what few in state government have dared to do: publicly criticize Aragon's involvement in debates and legislative decisions about privately operated prisons in New Mexico.

State Republican Chairman John Dendahl took up where White left off.

Dendahl asked Attorney General Patricia Madrid, a Democrat, to determine whether Aragon's consulting work for Wackenhut posed a conflict of interest.

Madrid turned down Dendahl's request. Only elected and appointed officials or prosecutors can ask for legal opinions from the attorney general's office, she said.

Dendahl isn't giving up. He plans to have a legislator pose the conflict of interest question to Madrid.

And Dendahl has other options if that doesn't work.

A legislator can ask for an advisory opinion from the interim Legislative Ethics Committee. Any citizen can file an ethics complaint with the Legislature about the conduct of a member of the House or Senate. A complaint alleging ethical misconduct could lead to an investigation, hearing and disciplinary action.

But the controversy about Aragon's Wackenhut job also raises larger questions about New Mexico's ethics laws.

According to the report by the Center for Public Integrity, New Mexico deserved a "barely passing" grade for its law that requires lawmakers and state officials to disclose some information about their personal financial interests.

The center said New Mexico's law, like most others across the country, had too many loopholes that allowed legislators to "keep a wide range of private business activities and interests from public view."

State law requires lawmakers to list the sources of gross income of more than $5,000 - but not the exact amount or even broad ranges of their earnings from jobs or investments. And the sources of money need only be described in broad categories - such as "law practice" or "consulting operation" or "oil and gas."

Moreover, lawyers and consultants are not required to disclose the names of their clients.

In Aragon's financial disclosure report, filed in January, "consulting" is listed as a source of income for his law practice. There's no mention of Wackenhut or any other client, however.

The center's report said detailed financial disclosures are particularly vital in the states like New Mexico that have part-time legislators because "legislative service is often just one of several hats they wear."

"If they (legislators) fully disclose those activities and interests, others - their constituents, news organizations and their peers in the legislature - are at least armed with the information they need to decide whether a particular lawmaker's actions have been influenced by factors other than the public good," the report concluded.

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White attacks Aragon for Wackenhut job

Albuquerque Tribune

9 September 1999

Was Senate President Manny Aragon working for the people of New Mexico or for Wackenhut Corrections Corp.?


It was a serious question raised by the state's head of public safety on Wednesday during a briefing on prison matters.

"Senator Aragon has to choose," Darren White, the secretary of the Department of Public Safety, said. "He's either an employee of Wackenhut or the Senate Pro Tem."

White angrily stomped out of the closed meeting between legislators and Wackenhut officials at the federal courthouse Downtown.

Aragon chaired the briefing of the legislative leadership about recent private-prison events. Wackenhut officials and Corrections Secretary Rob Perry also attended. Aragon and House Speaker Raymond Sanchez arranged it.

Aragon took a paid consulting job with Wackenhut in 1998 shortly after the state entered into agreements with two New Mexico counties to rent prison cells from Wackenhut.

"It's just a travesty, given the man who is chairing is an employee of that company," White said.

Aragon said he did nothing wrong.

"I have no idea what he is talking about," Aragon, a South Valley Democrat, said. "I wear my Senate Pro Tem hat every day.

"There are no sacred cows in this thing," Aragon said. "It if turns out Wackenhut hasn't done its job, . . . they should be removed from the state of New Mexico."

"It's an egregious conflict of interest for a legislator who is bought and paid for by Wackenhut to say he's approaching this issue from an objective standpoint," White said.

Aragon has defended his role with Wackenhut, saying he only consults for the company in other states.

Sen. Mary Jane Garcia, majority whip and Aragon's second-in-command, also defended him.

"I think Senator Aragon was there as a concerned leader, not as a Wackenhut employee," the Las Cruces Democrat said.

Last year, legislators including some Senate Democrats admonished Aragon, an attorney, for taking the side job.

Aragon held on to the top job in the Senate, promising that he would distance himself from policy issues involving Wackenhut.

White said Aragon and Wackenhut are putting a political spin on the riots.

"Wackenhut and Senator Aragon are blaming all this on the Corrections Department and the inmate-classification system," White said. "Wackenhut was doing the presentation likelife was good, and why shouldn't it be when they've got that guy on the payroll? It's disgusting."

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Leave State Police in Darren White's hands

Santa Fe New Mexican

22 October 1999

So Darren White's a bit of a hot dog. And Manny Aragon isn't?

Boss man of the New Mexico Senate, Aragon is leading a legislative effort to separate the State Police from the Department of Public Safety over which White presides.

The Albuquerque senator won unanimous support this week from the Legislative Finance Committee. Undoubtedly he'll ram a bill through the Legislature when it convenes in January presumably to consider weightier matters.

Gov. Gary Johnson is likely to veto this attempt at a police-barracks coup, and even though the Republican governor is embarrassing many GOP legislators to tears with his drug-legalizing obsession, we're confident most Republicans would rally 'round the governor and Secretary White if it came to an override vote.

Aragon's play, then, is merely to the gallery, where he's pandering to the police-officers' union and scoring points off a man who couldn't even defend himself. Secretary White is awaiting back surgery, and could make the finance-committee hearing at which Sen. Aragon dismissed him as "more walk than talk." Whatever that meant in Aragonese, it was no compliment to White, an Albuquerque cop given a big-time lift when our quirky governor took office nearly five years ago.

White may be the most pleasant surprise in the Johnson cabinet. He's proven himself an excellent listener not to the suits stalking the Roundhouse, but to the working people whose taxes pay his salary.

Last month's narcotics raid on Chimayo resulted from White's willingness to hear what the people of the area had to say about drug thugs and other law-enforcers' unwillingness, or inability, to do anything about them.

Where cop cars of other colors wouldn't go, the black-and-gold "staters" have made their presence felt for the past three years. Undercover officers also were hard at work in the arroyos of the Santa Cruz Valley.

Federal narcotics agents were called in, and a combined force swooped down on the headquarters of several suspected druggies; nearly three dozen indictees were taken out of circulation.

Were White concentrating solely on Chimayo, and neglecting New Mexico's other 121,000 square miles, Aragon might have cause for making the State Police an independent agency, as it has been off and on. The senator says he's been talking about it for years. By bringing it up in the wake of the well-executed Chimayo raid, however, Sen. Aragon calls his own motives into question.

Were a Democrat in the governor's mansion, and the DPS secretary a Democratic appointee, would the Democrats running the Roundhouse be so hot to trot out a reorganization plan?

Last month, White was given a vote of no confidence from the New Mexico State Police Association; reason enough for the rest of our state's population to be glad he's the top cop. Sen. Aragon's assault, too, should be viewed from the framework of crass politics thus as evidence in favor of leaving the State Police under White's demanding leadership.

Photo Credit: MG Bralley

Updated: WHITE LAUNCHES NEW TV AD.

The day after the National Republican Congressional Committee cut funding for some Darren White TV commercial's, his campaign has released a new ad, called the "Trolley." The ad highlights his Democrat Martin Heinrich’s push to extend the City of Albuquerque 's quarter-cent transportation tax for 10 years – without voter approval – to pay for a $270 million trolley car that would service his own Nob Hill neighborhood.



Campaign spokesman Stephen Schatz claims, "When the transportation tax was first passed in the nineties, voters were promised it was temporary and would sunset in 10 years. But Martin Heinrich tried to extend the tax without voter approval."

Schatz also said, "This led to weeks of public and media criticism, which ultimately forced Heinrich to back off his plan to increase taxes without voter approval to fund the trolley car."

Blogger Joe Monahan reports the NRCC will put up about $232,000 in tube time for Darren starting October 14th.

UPDATE- 5:31

The Editor of the New Mexico Independent David Alire Garcia has an in-depth story on the "war of words" in the 2008 1st Congressional District race here. Garcia says the Heinrich campaign is still trying to clarify the flap over whether or not he was an unregistered lobbyist.

White Confident He Has Resources and Ideas to Win.

NMFBIHOP and the New Mexico Independent are reporting the NRCC has withdrawn financial support for up to twenty Republican congressional candidates nationwide. But, Darren White's campaign released a statement late this afternoon saying they're confident they have the resources and are on the right side of the issues to beat Martin Heinrich, who they say is too liberal to represent the district:

We are in a strong position financially, and have our television time booked through Election Day. We always knew we were going to be outspent in this race, and we budgeted and planned appropriately. We are confident that we will have the resources necessary to win this race.

From LP at NMFBIHOP:

The NRCC has cut two of three weeks of an expected media buy for White.

UPDATED 5:20 pm

In August we interviewed NRCC Chairman Rep. Tom Cole. He told us in this audio interview Darren is has a unique background and record of independent accomplishments. He also advised White to to run against Washington, D.C. Cole also pledged financial support, saying "I'm sure your going to be seeing a lot of television commercials in the next 85 days.

Update 2 - 5:34 pm

But now Sue Major Holmes with Associated Press is reporting executives at the local stations said Thursday "none of the canceled buys were aimed at a particular candidate."

They don't stipulate what the ad is (in advance). ... I can't tell you it was designated for a specific candidate," said Jeff McCallister, director of sales for KRQE.

Susan Hern, assistant to the national sales manager for KOB, echoed that.

"We can't say they are specific for any candidate. We have no way of knowing until the ad really starts," she said. "It doesn't say in the contract."

The campaign of Democratic 1st Congressional District candidate Martin Heinrich contended the canceled television ads -- two weeks out of a three-week buy -- were a vote of no confidence by the national GOP in Republican candidate Darren White.

But White's campaign said the national party has canceled television ads in other states as well. National reports say Republican House and Senate committees are pulling out of several places, said Stephen Schatz, spokesman for White.

"We always knew the NRCC ad budget was not the most prolific, so we always anticipated when we were doing our fundraising that anything the NRCC would do would be in addition to what we did," Schatz said.

Ken Spain, press secretary for the NRCC in Washington, D.C., said Thursday the committee doesn't comment on strategy.

New Mexico's 1st District race, he said, "remains a high-profile race and we plan to make the case to voters that there is a clear choice between Darren White ... and Martin Heinrich."

Last month, the national Republicans' Senate campaign arm called off television ads that were to air in New Mexico to support Steve Pearce in the run-up to Election Day.

The National Republican Senatorial Committee's decision to cancel the spots reflected its priorities during a tough year for the GOP, with the party lagging badly in fundraising and resigned to losing seats in the Senate.

The NRSC pulled the New Mexico ads a little more than a week after Sen. John Ensign, R-Nev., the committee's chairman, announced he would scale back advertising in battleground states because Republican senators haven't contributed enough money to compete with Democrats.

Meanwhile Heinrich, who is still shuffling his staff, issued this statement through a new spokesman, Jason Burke:

Back in August, the NRCC reserved $731,690 in advertising on behalf of Darren White from October 14 to November 4th [NRCC to spend $731k on TV ads in 1st District Race, 8/27/08]. The NRCC has now slashed two weeks out of the three-week buy, cutting an estimated $500,000 in financial support from the White campaign.

LP reports:

The Democratic Congressional Campaign Committee has already spent $866,746.05 in the 1st Congressional district, much of those expenditures on TV ads.

According to FEC reports, the DCCC led the NRCC on cash on hand by a wide margin; the NRCC had just $14.2 million cash on hand as of September 1. The DCCC had nearly $54 million at that time.

FRATERNAL ORDER OF POLICE RIPS MARTIN HEINRICH’S NEGATIVE POLITICAL CAMPAIGN

Updated - 7:03pm

The President of the New Mexico Fraternal Order of Police (FOP) Auxiliary Sharon Valtierra, and President of the Albuquerque Lodge #1 Auxiliary Linda Martinez have written a letter (posted below) to Darren White’s Congressional Campaign refuting charges made by his opponent in this recent television message.



White responded to the Heinrich ad with his own controversial ad featuring the parents of a slain Bernalillo County Sheriff's Deputy.



Valtierra and Martinez characterize the attacks as baseless and misleading. They say it's just more "deceptive personal character attacks that Martin Heinrich has used in his negative political campaign advertising. "

With over 327,000 members in the United States, and 2,500 members in New Mexico, the FOP and its Auxiliary “work to represent and support law enforcement officers who go out every day into their communities to serve and protect their fellow citizens.”

The Presidents write that they are “appalled” by Martin Heinrich’s “spurious, specious, and unfounded attacks against [Darren White],” and they call Martin Heinrich’s negative political campaign advertisements “blatantly false and deceptive.”

The letter references the FOP’s unanimous endorsement of Darren White for Congress, and cited some specific reasons for their support of their fellow law enforcement professional, including Darren White’s personal handling, command, and response to the national tragedy in New Orleans caused by Hurricane Katrina.

They support Darren because he “will stand up for the right things and defend the rights of citizens and law enforcement officers” in Congress.

Text from Letter:

Dear Darren,

The Fraternal Order of Police (FOP) in New Mexico is the largest law enforcement organization in the state. There are more than 2500 members in the state and over 327,000 members in the country. The FOP and its Auxiliary work to represent and support law enforcement officers who go out every day into their communities to serve and protect their fellow citizens. These officers do this at great risk to their own personal safety and have the support of their spouses and families to be the shepherd dogs in their communities to protect all families from the wolves who prey on law abiding citizens in the cities and towns throughout New Mexico and especially in Albuquerque.

As wives of law enforcement officers, we are appalled at and take exception to the spurious, specious and unfounded attacks against you by your opponent. Clearly, Martin Heinrich neither understands nor appreciates the sacrifices that law enforcement officers and their families make each day. The reality of not knowing whether your loved one will come home after his or her shift places a great burden on the officers and his or her spouse, their family and loved ones. When Martin Heinrich attacks you, he is attacking every law enforcement officer who has taken an oath to do his or her duty of protecting and serving the community. The current articles and political advertisements that Martin Heinrich is using to try to discredit you are “old news”. These articles come from over ten years ago and do not have any basis in fact regarding the support and confidence that you enjoy from the law enforcement family in New Mexico, today. It is very clear to us that these advertisements are blatantly false and deceptive. We are particularly incensed by these attacks on your commitment and support of your law enforcement brothers and sisters and their families because at the 55th Annual New Mexico State Fraternal Order of Police (FOP) Conference held this past June in Roswell the Albuquerque Lodge #1 delegation made a motion that the members of the New Mexico Fraternal Order of Police endorse you for the position of United States Congressman for District #1. The motion to endorse you was unanimously passed.

As the President of the New Mexico State Fraternal Order of Police Auxiliary and the President of the Albuquerque Lodge #1 Auxiliary, we represent the family members of the Fraternal Order of Police throughout the State of New Mexico and the Albuquerque Metropolitan Area. We would also like you to know that we respect and admire the way you have represented law enforcement officers and their families in this State, the greater Albuquerque area and the nation.

The following facts are indicative of the support and active interest that you have taken with regards to law enforcement officers, their spouses and their families:

· When Deputy McGrane was killed we saw you work tirelessly side by side with officers for days during the investigation until his killer was caught. No one wants to make a death notification especially to an officer’s family. Law Enforcement Agencies have Chaplains to deal with this type of tragedy. However, the fact is that you took it upon yourself to personally notify Deputy McGrane’s wife and his mom and dad. By your doing this, it attests to your compassion and concern for your officers and their families. You also traveled with the McGrane family to Washington DC to honor the memory and life of a husband and son at the National Peace Officers’ Memorial Service. We watched how you personally made sure that the family was taken care of.

· When the horrible catastrophic Hurricane Katrina hit New Orleans, you personally took command of a team of deputies and went to New Orleans to assist a seriously strained law enforcement community in need of help by subjecting yourself to the dangers of patrolling a lawless area and by you and your deputies protecting helpless citizens in need of help while witnessing the death and the devastation as you went from house to house.

· For years we have seen you stand up for the rights of officers and their families and not just for the Bernalillo County Sheriffs Department; but, for the entire law enforcement community including local police departments and the state police agencies.

· We have read your articles to the Editor of the Albuquerque Journal and other newspapers correcting misleading or inaccurate statements about the actions of law enforcement officers and their agencies. You have consistently provided a coherent and balanced approach to describing the obligations, responsibilities and duties of a law enforcement officer.

· You have shown us many times that you are not afraid of making your voice heard or signing your name to something and taking whatever responsibility comes from it. This fact has been noticed and appreciated by law enforcement officers and their families throughout the state.

In closing, we want you to know that you have the unequivocal support of the families in New Mexico that are proud to have a father, mother, son or daughter, brother or sister who is a law enforcement officer. You have the support of the families of New Mexico Law Enforcement.

We would be honored to have you as our Congressman in Washington DC representing us. We want you as our Congressman because you will stand up for the right things and defend the rights of citizens and law enforcement officers. We want you as our Congressman because you will not be afraid of being up front and honest, someone who corrects the facts when they are wrong, someone who has shown the respect and care for the people of this State. We want you as our Congressman because we know that you will represent law enforcement officers, their spouses and their families and fight for our issues and concerns.

Fraternally,

Sharon Valtierra Linda Martinez

President President

State Auxiliary Albuquerque Lodge #1 Auxiliary


Cc: Bill Standridge, State President

Toby Gallegos, Albuquerque Lodge #1 President

New Mexico Voter Guide Podcasts with Peter St. Cyr Debuts on 770KKOB.

Ahead of the 2008 General Election, I interviewed all seven candidates for the U.S. House and both U.S. Senate Candidates.

Each interview was limited to five questions, dealing with the U.S. Economy & Gas Prices, The War in Iraq, Health Care in the U.S., Education and the No Child Left Behind Act, and I also asked each why they wanted to represent New Mexico in Washington, D.C.

To hear the interviews with Tom Udall, Steve Pearce, Ben Ray Lujan, Dan East, Carol Miller, Ed Tinsley, Harry Teague, Martin Heinrich and Darren White visit the 770KKOB on-line Voter Guide here.

Or download from here:

Tom Udall

US Senate (D)
Time: 6:54 • File Size: 1:19M

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Steve Pearce

US Senate (R)
Time: 6:31 • File Size: 1:12M

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Darren White

US House District 1 (R)
Time: 5:44 • File Size: 1M

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Martin Heinrich

US House District 1 (D)
Time: 4:38 • File Size: 815k

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Harry Teague

US House District 2 (D)
Time: 5:01 • File Size: 883k

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Ed Tinsley

US House District 2 (R)
Time: 7:42 • File Size: 1:10M

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Ben Ray Lujan

US House District 3 (D)
Time: 5:42 • File Size: 1M

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Dan East

US House District 3 (R)
Time: 5:54 • File Size: 1M

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Carol Miller

US House District 3 (I)
Time: 5:42 • File Size: 1M

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