Defense attorney says it's too early to reinstate the death penalty

A prominent defense attorney, who has represented several murder clients facing the death penalty, including convicted sheriff killer Michael Paul Astorga, doesn’t want to see a repeal of New Mexico’s 2009 death penalty repeal.

Gary Mitchell told me this afternoon it’s too early to consider reversing course.

“We haven’t given it time to work,” Mitchell said. “We have a new governor, who never sought the death penalty when she was as a prosecutor, and now she wants to repeal the repeal. I don’t agree with that.”

But Roswell Republican Rep. Dennis Kintigh, isn't persuaded and today he proposed a ballot initiative measure which will put the issue in the public's hands.

Just last week, Gov. Susana Martinez called on the legislature to reinstate the death penalty, stating that “some crimes deserve the ultimate punishment."

Mitchell claims Martinez’ request is politically motivated and that she's “obligated to certain conservative right-wing groups who helped her get elected.”

Martinez made restoring the death penalty a prominent campaign issue last year, and on Tuesday she reiterated her pledge when she told legislators she believed juries should have the option to impose death.

“When a monster rapes and murders a child or a criminal kills a police officer, the death penalty should be an option for the jury,” Martinez said.

Rep. Dennis Kintigh
Before introducing today's legislation, Rep. Dennis Kintigh, R-Roswell told KOB TV he favors letting voters decide the issue and plans to sponsor a constitutional amendment.

"There's a lot of good people on both sides of the issue," Kintigh told the television station. "It's a fundamental issue of how we deal with this in society and I believe the best way to deal with these kinds of issues is to let the voters decide, give it to the voters."

Larry Larranaga

But other lawmakers don’t believe this is the year to consider the issue.

"We have very pressing issues during this legislative session," Rep. Larry Larranaga, R-Albuquerque said. "There's the budget, education reform, we've got job creation, we have the economy to look at."

The state only has two men currently on death row, and only executed one man since 1960. In 2001 Terry Clark received a legal injection after being convicted of raping and murdering a child.

When lawmakers dropped the death penalty two years ago they decided to replace it with life in prison without the possibility of parole, but allowed some then death qualified cases like Astoraga’s to continue. He was convicted last year, but the death sentence hearing has delayed while the state’s supreme court reviews petitions by Mitchell.

States Face Shortage of Key Lethal Injection Drug

While it may not become an issue in New Mexico, some states are running out of sodium thiopental, which is used to put prisoners to sleep before other drugs stop breathing and shut down the heart.

That’s because the drug’s manufacturer, Hospira Inc., decided to stop making the drug at its plant in Italy after that country decide to prohibit its export to countries who use it for capitol punishment.

Mitchell said case law would allow the state to change it’s form of executions without additional hearings, but the constitutionality of executions is still the priority.

He said some of the drugs currently used in lethal injections have caused inmates to suffer from painful deaths.

“It’s the main reason executions are not public nor video taped,” Mitchell said. “The gruesome nature of executions offend our human decency.”

Sodium Thiopental is used by 34 of the 35 states that use lethal injection to carry out the death penalty. The scarcity of sodium thiopental has led to execution delays in in at least two states, California and Oklahoma.

Michelle Lyons, a spokesperson for the Texas Department of Criminal Justice told the New York Times they have enough for two scheduled executions in Texas. Texas' supply is expected to expire in March.

“There currently are four executions scheduled in Texas — two in February, one in May and one in July,” said Michelle Lyons, director of public information at the Texas Department of Criminal Justice. At this time, we have enough sodium thiopental on hand to carry out the two executions scheduled in February.”

Last week's story in the NY Times reported an average of 55 executions have taken place annually over the last 10 years, with 46 last year and 52 in 2009, virtually all of them by lethal injection.

Errol Chavez succumbs to cancer

Last year’s Republican candidate for state auditor Errol Chavez has died. He had been diagnosed with inoperable brain cancer just a few weeks before the 2010 election.

Chavez, who was raised in Española, talked to me for an hour after then GOP Chairman Harvey Yates announced his candidacy last January and said wanted “to save the money the state is losing by going after people who are corrupt.”

Balderas beat Chavez by more than 60,000 votes.

The former DEA agent, who originally planned to run for public land commissioner, worked 31 years for the U.S. Drug Enforcement Administration (DEA), where he managed money laundering investigations; directed the administration’s policy implementation in Europe, Latin America and the United States; and supervised several hundred agents in various assignments.

After retiring from DEA, Chavez became the executive director of the High Intensity Drug Trafficking Area (HIDTA), a federal drug-prohibition enforcement program. In this position, Chavez was responsible for administering and auditing $11 million of federal funds directed to law enforcement agencies and prosecutors in New Mexico.

Chavez served as president of both the Hispanic American Police Command Officers Association and the International Narcotic Enforcement Officers Association, an international law enforcement organization with 12,000 members.

Senator Ingle, who asked for a moment of silence to remember Chavez in Santa Fe this morning, said the state of New Mexico “appreciated Chavez’ willingness to serve the public his entire life. He said the state and the country is grateful to Errol Chavez”

Funeral services are still pending.

Attorney General outlines legislative priorities

New Mexico Attorney General Gary King, a former legislator himself, said he plans to propose a number of measures to lawmakers meeting in Santa Fe for the state’s 50th Legislative Session.

His wish list includes ethics and campaign finance reforms, and Forfeiture and Drug law revisions to apply to real property seizures, along with several others.

Ethics reform was a focus of King's first term as AG and this year he plans to urge the Legislature to enact a law that prohibits government contractors from donating funds to the government officials with whom they contract, and to require full disclosure of all funds either given to them in the past or directed to other organizations, including nonprofits, at the request of the elected officials.”

King said that he wants all local government employees to be subject to the Governmental Conduct Act, the same law that state officers and workers are bound by.

King, who served 12 years in the New Mexico House of Representatives before losing his 2004 congressional bid to Rep. Steve Pearce, said his measures are “designed to improve the lives and protect the well being of all New Mexicans.”

King’s 2011 priorities (from a news release):

• Ethics and Campaign Finance Reforms, focusing on enhanced campaign practice and government contractor disclosures. I am particularly interested in helping New Mexico enact a good, strong public disclosure law so that at a minimum all funds used for political campaign purposes, and all of the sources for those funds, are fully disclosed. Additionally, I will again urge the Legislature to enact a law that prohibits government contractors from donating funds to the government officials with whom they contract, and to require full disclosure of all funds either given to them in the past or directed to other organizations, including nonprofits, at the request of the elected officials. I intend to renew my request to have all local governments subject to the same main Ethics law that governs state officers and employees, the Governmental Conduct Act. This will incorporate a patchwork of Ethics laws into one Code, and be applicable statewide.
• DWI and Underage Drinking Prevention...McKinley County has successfully used its ability to raise additional revenues to address serious alcohol and drug abuse problems; that option should be expanded statewide so that the voters in every state county can decide whether they want to tax sales of alcohol to provide additional funds to address alcohol and drug abuse problems.
• Domestic Violence law improvements, especially to protect victims using Uniform Orders of Protection.
• Criminal Law Enforcement initiatives, including Securities Laws enhancements, Child Pornography law amendments and Animal Cruelty law revisions.
• Border Violence and Drug Enforcement issues such as Money Laundering Act revisions to update property crime violations and Administrative subpoenas for computer and bank records to investigate and prosecute sexual exploitation; ID theft and computer crimes; Forfeiture and Drug law revisions to apply to real property seizures and authorize community service improvements.
• Consumer Protection proposals, such as a Usury cap on small loans and mortgage foreclosure practice reforms to protect innocent homeowners.
• General Fund increased revenues for the State, including strengthening the Fraud Against Taxpayers Act and Tobacco law amendments to maximize the State’s access to full recoveries.
  

New Katies Law proposal faces uphill battle

During her State of the State address Gov. Susana Martinez asked lawmakers to strengthen Katies Law by requiring law enforcement agencies to take DNA swabs from all suspects arrested on felony charges. But, lawmakers' reaction to the proposal is mixed.

Many, like Sen. Trip Jennings, D-Roswell, worry those swabs are an invasion of privacy and worry about having records expunged if a suspect is later acquitted.

But the mother of Katie Sepich, a 22-year-old graduate student at New Mexico State University, who was brutally raped, strangled, and whose body was eventually abandoned at a dump site in 2003, says legislator’s concerns are unfounded.

Jayann Sepich, who was invited to sit next to First Gentleman Chuck Franco on Tuesday, says since the law was originally adopted in March 2006 only 12 people have asked for their records to be expunged.

Since January 2007 authorities have gathered 7000 swabs from violent offenders, sex offenders, and burglars. And the results have been overwhelming successful.

Sepich said investigators have solved 173 crimes using the DNA records. Now 24 other states have adopted some version of Katies Law and half of those require swabs from all felony arrests, not just from violent offenders.

In our video interview Sepich told us the DNA samples include no genetic information and when they are entered into a computer do not list suspect's name nor social security number. She says the DNA information only surfaces when a match is made. Only after that do investigators received a name of a potential suspect.



Sepich said DNA can easily and quickly be expunged, while fingerprints, which are taken after every misdemeanor arrest, become part of a permanent file. She says scientists picked 13 points in the DNA strand to use as markers and those points contain no genetic information, which should alleviate privacy concerns.

Traveling around the country, Sepich said she’s heartbroken every time she hears about homicides that could have been prevented. One of those cases is Brianna Denison who was killed in Reno two years ago.

Sepich says her murder could have been prevented if James Michael Biela’s DNA had been collected after an earlier domestic violence arrest.

She also thinks the new proposal can help exonerate innocent people up front. She hopes lawmakers approve it and will be in Santa Fe trying to persuade them that "collecting DNA upon felony arrest will not only solve crimes, but prevent crimes, and save lives."

This year’s bill is being carried by Sen. Vernon Azbill , R-Carlsbad and Rep. William Rheem, R-Albuquerque, a retired police officer himself.

Cargo urges Martinez to visit Hollywood

As lawmakers prepare to consider what do to with the state’s film incentives, the man who started the first governor's film commission in the world, former Gov. David Cargo, is weighing in on the debate.

He’s urging Gov. Susana Martinez to be more empathic toward the state’s film industry.

Cargo suggests her decision to lower incentives from 25 percent to 15 percent is an “attack” on the industry, and he suggested the new governor plan a trip to Hollywood.

“She needs to go out there and talk to the people in the industry and reassure them that they can film in New Mexico and make a profit,” said Cargo.

He said Hollywood executives want assurances the state is open for business and not political attacks on their industry.

“She ought to be talking about the advantages that the motion picture industry brings to New Mexico, how affirmative it is, how much we gain out of it, all of the wonderful things they’ve really done it. It’s a way of assuring them," said Cargo.

He recommends Martinez learn how to approach movie and television producers.

“She’s explaining this in a campaign mode," said Cargo. "You’re not running against the motion picture companies. You’re running a state, and you’ve got to be involved, not in politics, but in government,” said Cargo.

He disagrees with those making the argument that producers will take their business to states that offer the highest incentives.

“They go were they can film and do it most effectively and they’ve got the most cooperation and they’re welcomed. You see it’s the welcome mat that brings them in," said Cargo. "You bring in more people by empathizing with them and understanding what their problems are and working with them.”

During a news conference a day before Martinez' State of the State address Martinez outlined her legislative priorities and told reporters she plans on sticking with her budget plan which includes the incentive reduction.

She contends the incentive amount needs to be reduced to help balance the budget deficit. Martinez has said her priority is to make sure money is not taken away families and children in the state.

Meanwhile, Cargo gave former Gov. Bill Richardson a B grade for his work luring films to New Mexico, but criticized that administrations heavy reliance on subsidies.

Cargo, who never asked then California Gov. Ronald Reagan to send films to New Mexico, believes Martinez will be more successful going straight to the heart of the industry in Los Angeles.

That’s where Cargo spent his time. In fact, in 1971 he made a cameo appearance in Bunny O'Hare, which starred Bette Davis and Ernest Borgnine, as well as parts in 11 other films.

A dedicated promoter of the New Mexico film industry, Cargo, a Republican, was beloved by liberal Democrats in Hollywood, actually becoming personal friends with those behind the camera as well as the stars facing it.

“I had a vision for what we were going to do in filmed entertainment,” said Cargo. “I had a plan. I had a way of working it out. And it worked out rather well -- extraordinarily well.”

Former Lt. Gov. Diane Denish had high praise for Cargo's vision for the film industry.

"Dave Cargo was a visionary governor," said Denish. "He was one of the first New Mexico governors to see the value of the film and television industry to our state's economy."

After his term as governor Cargo shared that vision with his successor Gov. Bruce King. Later he took King, and First Lady Alice King, to visit with some of the producers and studio executives he had already established relationship with in Southern California.

During the trip, they visited Lawrence Welk’s studio During taping of a show, King danced with Albuquerque native Cissy King, while Mr. Welk danced with Alice.

Time to govern

Cargo, who was only 37 when he was elected governor in 1967, also told us he was disappointed in Martinez’ first State of the State speech, calling it "too political."

“She’s got to make the transition from being in campaign mode to being governor. She had a lot of things that were good. But, she’s talking about things that are exciting partisan feelings and that’s not going to get her through the legislature,” said Cargo. “She’s got to get after things that she can agree with them on. She’s got to work with them. She can’t antagonize them.”

Cargo, who celebrated his 82nd birthday last week, wrote an autobiography titled Lonesome Dave several years ago.

Tea Partiers want government spending cut

Between 200 and 300 hundred Tea Party supporters rallied in the shaded area of the Roundhouse Tuesday morning just hours before the start of the 2011 legislative session.

Former State Rep. Janice Arnold-Jones, who only hours before turned her seat over to freshman Rep. Conrad James, R-Albuquerque, greeted the rambunctious crowd and introduced former Gov. Gary Johnson, the rally's keynote speaker.

Arnold-Jones got cheers and applause when she mentioned Johnson's 750 vetoes and her distrust of former Gov. Bill Richardson's administration.

Braving the wind and cold, Johnson told the crowd both political parties are responsible for the state's current economic mess. He said "this level of spending cannot be sustained."

He also said it was time to consider eliminating the State Treasurer's office, claiming a few people could do the job.

In the rotunda, current Treasurer James Lewis responded to the suggestion, "Gary is Gary."

Johnson also weighed in on the House Speaker's race, telling SF New Mexican Reporter Steve Terrell he thinks it would be "a good change" if Rep. Joseph Cervantes was elected to the leadership post.

But, Heath Haussamen, New Mexico Politics.net's publisher, is reporting that pressure from many of Tea Party supporters, like Tina Carson, who attended the outdoor rally, want Republicans to unite behind a conservative candidate rather than vote for "the lesser of two evils." Haussamen writes a division in the GOP could hurt Cervantes' chances to oust Rep. Lujan, who has had the job since 2001.

Several noteable Republican VIP's were spotted in the rally crowd including, Tom Mullins who was last year's GOP candidate for congress in Congressional District 3, and Adam Kokesh, who lost to Mullins in the primary election. Albuquerque City Councilor Dan Lewis, who launched his congressional exploratory committee two weeks ago, and may run against Rep. Martin Heinrich, also braved the chilly weather to attend the rally.

Standing Room only

Every seat in the public gallery of the House chamber is reserved (with yellow stickies) and members of the public who didn't have an invitation and chair, are upset. In fact, they're being forced into a standing room area behind a waist high wall.

One woman from Santa Fe said she noticed them roping off the gallery yesterday and is disappointed that no seat were reserved for the public.

While you might not have a seat in the gallery you can view today's roll call vote and Gov. Susana Martinez' first State of the State online. Several media outlets will be streaming it.

UPDATE:

House GOP Caucus communications director Larry Behrens tells us he's not sure why all the gallery seats were reserved. So far, the Santa Fe fire marshal is allowing people to crowd the space behind the wall, but there does not appear to be much room left.

Rep. Lujan says father is optimistic

While Rep. Joseph Cervantes, D-Las Cruces scrambles to pick up votes to oust current NM House Speaker Rep. Ben Luján, D-Nambe, at the start of tomorrow’s 2011 Legislative Session, Lujan’s son, U.S. Rep. Ben R. Lujan says he’s optimistic that his father will retain the leadership post.

Following Albuquerque’s Martin Luther King Rally on Civic Plaza on Saturday, Luján Jr. told us he’ll be in the Roundhouse on Tuesday supporting his father.

“He’s been a tireless advocate for our kids, he’s been a tireless advocate for New Mexicans and education,” Luján Jr. said.

While the congressman would not make any predictions he urged legislators to come together especially from a “caucus perspective to do what is right for New Mexico.” He said he has not been rallying votes for his father.

“We’ll see what happens. I certainly hope that the Democrats can stick together. We’ll see ultimately what their decision is.” Luján Jr. said. “ In the end, this is a discussion about the future of the state.”

He hopes “we can have that debate without being disagreeable,” hoping the party comes together before what is expected to be a busy session in Santa Fe.

Luján Jr. says there they Democrats have fundamental disagreements with the Martinez’ administration during “difficult economic times.”

Political journalist Heath Haussamen has been reporting extensively on the two-man contest since November. He reported Andy Nuñez, D-Hatch, has already said he plans to nominate Cervantes, who has been seeking votes from members of both parties.

And adds:

Luján has also been asking Republicans and Democrats alike for support. Sources say the race remains up in the air and within a couple of votes. There will be heavy, behind-the-scenes politicking between now and Tuesday at noon.

Bregman Advocates Democrats' Core Values

Albuquerque businessman and attorney Sam Bregman, who announced his candidacy for chairman of the state Democratic Party this week, sat down with us on Friday afternoon for an exclusive video interview.

Bregman talked about the party’s platform and core values, political fundraising, his ability to attract strong candidates, and about his plans to recapture eight house seats lost in 2010.

Holding no punches, Bregman said new Gov. Susana Martinez “scares” him and he plans to hold her feet to the fire especially when she “assaults the middle class.”

“We now have a Republican who I think is going to assault the middle class time and time again,” Bregman said near the end of our interview. “We’ve already seen her dismantle environmental regulations. Shame on her for that. There are so many different levels that the state chair needs to hold this Republican governor’s feet to the fire when it comes to her rhetoric and when it comes to her actions.”

As Martinez ramps up her new administration, Bregman said his party will have to develop a coordinated strategy to help Sen. Jeff Bingman win re-election in two years, regain the executive branch in four years and win back those eight new republican house seats in 2012.

While Bregman didn’t blame election defeats in 2010 completely on current Chairman Javier Gonzales he did say he thinks the party's leadership needs to change before the next election.

“If we do the same thing, with the same state chair over the next two years, we’re going to get the same results,” Bregman said. “ We’ve got to come back a lot stronger in 2012. That’s something I plan on doing by working with folks in these contested races.”

Bregman said the Dems are prepared to stand up for the middle class and he’s prepare to carry that mission forward.

“We have to stand up for the working class when it comes to education, when it comes to jobs, when it comes to protecting social security and medicare,” Bregman said.

In fact, Bregman says he supports the party’s platform in it’s entirety.

“That’s the job of the state chair,” Bregman said. “The rank and file determine what the platform is going to be. It’s the job of the chairman to advocate for it -- to give it a voice.”

Bregman said both of the state U.S. Senators are his friends, but doesn’t think the men will get involved in the campaign for chairman in New Mexico.

“I’m really looking for the rank and file Democrats,” Bregman said. “If I have their support I know we’ll get our story out, and we’re going to have some effective, strong leadership.”

Bregman said the Democrats can make gains if they’re successful talking about what direction the state and country are going.

“The Democrats are right on every issue just about when it comes to the general public. Unfortunately we haven’t been getting our story out,” Bregman said. “In 2012 we need to come back stronger than ever. If I get the chance as state chairman I’m going to make sure that story is heard.”

A muddy campaign

Chairman Javier Gonzales
Chairman Gonzales, who replaced Brian Colon after he announced his candidacy for Lieutenant Governor on our blog in August 2009, told the Albuquerque Journal he wants the campaign to be positive, and urged other candidates not to "throw stones."

But, we received a copy of an email sent out by a DPNM staffer on Monday that could be perceived by some as a negative campaign tactic.

Director of Party Affair’s John Dyrcz urged supporters, in that email, to write letters critical of Bregman to political gossip columnist Joe Monahan.

I am sure you are aware of the Monahan article mentioning Sam Bregmen as a possible challenger to Javier. We're working on getting some folks to write in to Joe questioning Mr. Bregmen's qualifications.

The email included a link to a story in the New Mexico Independent that included a picture of Bregman defending Meyner and Company executive Bruce Mallot in a State Investment Council whistleblower lawsuit.

One day later Monahan published several of the critical comments from Gonzales’ staff and supporters.

I have a major concern with his candidacy in that (Bregman) represented former State Treasurer Robert Vigil. While I understand everyone is entitled to fair representation, I don't want the Republicans using his representation of Robert Vigil on corruption charges and others to say that it is the same old story in the Democratic Party with the leader of the Party defending those in pay-to-play scandals. I believe that every time he would speak on behalf of the Party that the Republicans would raise that issue. It is time Democrats put those stories to rest and we move forward and work on ensuring that the new Administration does not dismantle programs that are important to working families....

And Monahan reader Scott Tillman "piled on" Bregman with this:

Didn't Bregman represent Marc Correra, the guy that made millions off state investments in the form of finder's fees, and is under investigation with all the pay to play allegations? It just seems that with Sam as chair of the Democratic Party, the Richardson scandals that plagued Denish would hang over the Party even longer. The party needs to move forward, and not backward, in this humble dems opinion.

Bregman calls those criticisms “silly”.

“I’m a lawyer doing my job,” Bregman said.”For someone to be that shortsighted is really silly.”

But Gonzales isn’t the only one going negative.

Bregman said he's heard that Gonzales has taken stipends and insists he would never take a $3 thousand dollar a month stipend. Instead, he said he’d make sure the $36 thousand was used in competitive races across the state.

State party officials told us this afternoon that Chairman Gonzales never received any stipends. And, Federal Election Commission and Secretary of state reports confirmed their statement.

Other’s have been vocal and criticized Gonzales’ leadership as an NMSU regent and for his involvement in a proposed Santa Fe movie studio.

The race will be decided on April 30 in Albuquerque. The party has not picked a venue for their two-day state central meeting, but said it’s reviewing bids from three casinos, Isleta, Sandia, and Santa Ana, and one from the Albuquerque Convention Center.

UPDATE:

Heath Haussamen reported on NMPolitics.net that Letitia Montoya, who most recently worked on the losing campaign of former Secretary of State Mary Herrera, is also seeking the chair position.

We plan to interview both Gonzales and Montoya and post the video here in the next few weeks.

Disclosure:
Bregman represented us when we were a plaintiff in a civil case several years ago in Bernalillo County.

Gov. Richardson Grants Few Clemency Requests

After quietly granting 19 requests for executive clemency earlier this fall, Gov. Bill Richardson has decided not to consider application packets from 241 other convicts before his term expires on Friday.

As of today, only a pardon request for Billy the Kid is still being considered by the governor.

For the other applicants, who claimed responsibility for their crimes, completed their court-ordered sentences, and begged for the governor’s mercy, the black stain of a criminal conviction will remain on their record.

Public records indicate Richardson has kept his 2009 promise and rejected requests by two death row inmates to have their lethal sentence commuted to life in prison.

The governor has also decided not to act on an application he received from former Santa Fe attorney Carlos Fierro. He was convicted on a vehicular homicide charge while driving drunk in November 2008..

Richardson also rejected a request from former Democratic Party Chairman Ray Sena. He was convicted of vehicular homicide after a Shuttlejack bus he owned crashed while transporting a group of elementary school students back from a ski trip in the Sangre de Cristo mountains in March 1999.

“I believe that requests of this nature must be fully vetted and investigated by the appropriate agencies to ensure that I do the right thing for those who request clemency as well as the citizens of New Mexico,” said Richardson in a news release issued on Wednesday afternoon. “While [I] appreciate the urgency from those who have made last-minute requests for pardons, I do not have adequate time to thoroughly review them before leaving office.”

After returning from a private trip to North Korea earlier this month, Richardson has spent most of his time considering the Billy the Kid pardon and reviewing input from the public that he solicited online.

Big Richardson donor given clemency.

In August, Richardson accepted the recommendations of the Adult Parole Board and State Corrections Secretary to restore citizenship rights to a donor and 88-year-old philanthropist Edward M. Gilbert, a real estate magnate and the founder of Santa Fe company BKG, a group that controls 230 properties in 25 states. His net worth has been estimated to be over $100 million.

Interestingly, Gilbert does not appear to have any criminal convictions in New Mexico. In fact, his clemency file only included information from two cases filed years ago while he still lived in New York.

It’s unclear why Richardson restored rights to Gilbert for crimes he committed out of state.

The governor’s office did not offer an explanation despite multiple calls to his deputies and press secretary.

Reviewing hundreds of applications for executive clemency in the governor's office.

That may be because last week this reporter filed a complaint in the 2nd Judicial District Court (in Bernalillo County) alleging the governor and his staff were violating the state’s Inspection of Public Records Act for blocking access to executive clemency applications first requested on November 11th.

While the lawsuit remains on the docket, the governor’s custodian of public records Marcie Maestas finally allowed SF New Mexican veteran journalist Steve Terrell and this reporter access to the records today in Santa Fe after blocking requests for nearly 50 days.

Santa Fe New Mexican reporter Steve Terrell helps review documents.

With records in hand, we learned that Richardson has only granted clemency to 12 men and 7 women since November 2005. And those individuals only had their citizenship rights restored, which allows them to vote and buy and carry a firearm in some cases.

The 19 approved clemency requests represent a little more than seven percent of the 261 applications received in the governor’s office. Documents reviewed today show Richardson granted eight clemency requests on August 6th. The remainder were granted on November 11th.

Commutation pleas from death row inmates Robert Fry and Timothy Allen were rebuffed by the governor. Their attorneys had argued for the governor to spare their lives after he signed a 2009 law repealing the state’s death sentence. Allen’s attorney even submitted an Executive Order to commute the sentence, but it will not be signed by Richardson.

Governor Elect Susana Martinez campaigned to restore the state’s death penalty. She is unlikely to consider future requests for clemency by Fry and Allen.

Both Fry’s and Allen’s applications included a speech delivered by Governor Toney Anaya in 1986 when he announced his decision to commute the sentences of death row inmates William Wayne Gilbert, Richard Reynaldo Garcia, Michael Anthony Guzman, Joel Lee Compton, and Eddie Lee Adams.

Another applicant who will not receive clemency is Yhoshua Cohen – a Jewish Rabbi convicted of aiding in an escape. He pleaded with Richardson for a full pardon and firearm restoration citing, “I honestly feel that Ms. Martinez will deny my application and I’m ready to move on with my life.”

Prison inmate David Lewis Stone will not get relief despite a sending the governor a handwritten note in January . “I would be greatful [sic] if you could send me not one packet request, but if you could do me a favor and send me (2) two of them as I mess up alot.”

Not everyone was denied.

David Vincent Wohlert, who spent 11 years in federal custody on drug charges received a letter from Richardson just before Thanksgiving notifying him that his citizenship rights would be restored.

“We count it among our Thanksgiving blessings, and our gratitude is profound,” wrote Wohlert in a note to the governor. Wohlert even invited Richardson to stay on his coffee farm in Costa Rica. “You always have a place here.”

Martha Ann Moore will also begin 2011 with a fresh start and a clean record. She wrote a Thank You note to the governor for granting her clemency after clearing tax debts with the IRS that she claims were imposed on her by her former husband in 1993.

“Thank you from the bottom of my heart for granting me a pardon. After nine years of clearing all those tax debts with the IRS and three state agencies, imposed upon me by my former husband, you have restored my good name,” Moore wrote to Richardson. “I shall never forget your act of kindness.”

Many of the 241 applications were rejected because they were incomplete or requested clemency for misdemeanor convictions. In his denial letters, Richardson wrote, “Unfortunately, a pardon to restore civil rights has no effect regarding conviction for misdemeanors, because a misdemeanor conviction does not negatively affect any of the civil liberties that a pardon restores.”

Most applicants had their petitions for clemency prepared by attorneys and provided certificates they have earned in prison or in school, and included letters of recommendation by employers, friends, church pastors, and in some cases prosecutors and trial judges.

Traffic investigators in Fierro’s vehicular homicide case submitted letters to the governor along with Fierro’s request for clemency stating they believe the accident investigation was biased.

Gabriel Gurule, 26, who was also convicted of vehicular homicide after killing three people in an Albuquerque taxi cab more than five years ago, learned he was not eligible for Commutation of Sentence or other relief because that is only considered in cases of unusual meritorious service of an inmate who has saved the life of a correction department employee or inmate, or assisted in stopping a riot, or secured the release of a hostage in a riot situation.

A large number of clemency requests were submitted by people convicted of drug crimes, some as long ago as the 1960’s. Other’s came from murders, rapists, and check forgers. Many convicts initially asked to be considered for executive clemency, but did not return the required information forms.

Photo and scan credits: MG Bralley

Abruzzo Pushed Boundaries and Inspired Us All.

For adventurer Richard Abruzzo the sky wasn't the limit—it was just the beginning.

Whether he was aloft in a hot air or gas balloon, flirting with his wife Nancy, racing down the mountain, leading a business meeting, pedaling his bike up a mountain trail or across a rural country road, playing with his children, or teaching his friends the joys of scuba diving, Abruzzo used his talents and energy to inspire us.

A remarkable balloonist, businessman, husband, father and brother, Abruzzo spent his life pursuing his dreams, nurturing his family, building a business and serving our community.

Abruzzo often drew upon a well of bravery and courage to tackle obstacles he encountered in pushing the boundaries of his sports and businesses.

He didn’t wait for happiness to find him. In fact, he showed us the importance of cherishing the joys in our own lives. He taught us to appreciate every waking moment.

Blessed with the spirit of adventure and entrepreneurship, Abruzzo planned his expeditions and his races knowing that the thrill was simply taking the journey, not arriving at the destination. Indeed, he seemed happiest not at the end of an adventure, but along the path.

Perhaps it was his consistent belief that he could fly higher and farther, ski quicker and pedal faster, that makes it possible for us all to believe we can confront our own life challenges, achieve happiness, and ultimately success in our own lives.

The warmth of his heart, the strength of his convictions, and the smile on his face are examples for those who survive him.

Like his father Ben Abruzzo, who built the Sandia Tram and opened Sandia Peak Ski Area, all before sailing the skies across the Atlantic and Pacific Oceans, Richard's accomplishments and community leadership will never be forgotten.

It’s clear our lives would be lesser without daring men and women like Abruzzo and his co-pilot Carol Rymer Davis. Each taught us the importance of making the most of life journeys. They knew the risks of their sport, but decided to push the boundaries because it fulfilled their dreams. They each decided not to be just good, but great.

Today we recognize Albuquerque’s son Richard Abruzzo’s legacy and honor his life.

Balloonist Prayer:
The Winds have Welcomed you with softness.
The Sun has blessed you with his warm hands.
You have flown so high and so well
that God has joined you in your laughter
and set you gently back again
into the loving arms of Mother Earth.