From time to time we receive letters about various events, happenings, miscarriages of justice, and various things that public officials don't want anyone talking about. We check the content and when we can verify the stories we like to publish them in their entirety.
The following is one such letter. As you know, we've got a problem with DWI here in New Mexico. Part of the problem is the most frequent offenders tend to somehow avoid incarceration. Sometimes it's not only the habitual offenders that somehow get off easy but those who have friends in powerful places.
On the DWI Front
New Mexico State Statute 66-8-102.1 NMSA 1978 reads “no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to the Implied Consent Act disclose that the blood or breath of the person charges contains an alcohol concentration of: A. eight one hundredths or more”
It is the policy of the 2nd Judicial District Attorney’s Office headed by District Attorney Kari Brandenburg that no charge of DWI will be allowed to plead guilty to a lesser charge including any driving offenses that the offender may have committed. NO MATTER WHAT THE BREATH SCORE!!!
What all of this means is that if you are stopped for a traffic offense, like speeding, and then charged with DWI you cannot go to court and plead guilty to the speeding and have the DWI charge dismissed.
So why is it that Kari Brandenburg’s doctor was allowed to plead guilty to Careless Driving and have his DWI dismissed when he had a breath score of .08?
On August 7, 2007 Dr. Michael Flax was driving northbound on the frontage road to I-25. Dr. Flax struck a car that was stopped for a red light at Martin Luther King Ave. Dr. Flax struck the car so hard that it forced the car to hit the car in front of it resulting in one of the drivers being transported. An Albuquerque Police Department DWI officer saw the crash and stopped. When the officer talked to Dr. Flax she was concerned that he might be drunk. Dr. Flax was given Standardized Field Sobriety Test which he failed miserably. Dr. Flax could not even say his alphabet or count correctly either. The officer arrest Dr. Flax and he was later given a breath test. Dr. Flax blew a .08 and .07.
Dr. Flax was given “the deal of the century” and was allowed to enter into a plea that no other violator of a DWI would have been offered in Bernalillo County. Dr. Flax plead guilty to Careless Driving and the DWI charge was dismissed.
This was actually a case that was not the fault of the Metro Court Judge. Elizabeth Jaenicke is a special prosecutor that was brought in from another county to handle this charge because the DA’s Office was concerned that there would be a measure of impropriety if the case was handled by Kari Brandenburg’s office. ADA Jaenicke gave Dr. Flax a plea bargain that no Metro ADA would have been allowed to give. So was she called in to handle this case just for that reason? Having a special prosecutor gives Kari Brandenburg a certain amount of deniability. DA Brandenburg can say that her office was not responsible for this plea.
This plea bargain was in direct violation of the law and the policies of the 2nd Judicial District Attorney's Office. My question is whether the special prosecutor Elizabeth Jaenicke is incompentent or was she told to fix the case?
So folks unless you are rich like the Dasklos Family or the doctor of the District Attorney I suggest that you don’t drink and drive. They shouldn’t drink and drive either, but they know that they are above the law.
18 comments:
Got to love it when a cop gets in troble for not showing up for court and blames the DAs office.
Your article says .07???
Your off target on this one, that's the same Special Prosecuter who got the conviction on Kari's daughter. What's the rest of the story?
To quote Gomer Pyle, surprise surprise!!! While there are a great many people in Albuquerque, the legal community itself is quite compact.
I don't see why anyone is surprised about this - this type of conduct happens all the time in family court - and while everyone says "its just a parent who didn't get their way," in reality what are we teaching our children and more importantly, what are we doing to them mentally and emotionally?? How do you undo that type of damage??
Jaenicke is no dummy; she is a DA who actually has a brain. This HAD to be a deal between Kari and Lemuel.
Liz is a great DA,
I heard that the officer called in but the judge called it first because of the high powered defense team and was going to dismiss.
Today's Headline-Albq. Journal
Over 7,000 DWIs (20 per Month)
How many of them are repeat offenders. Or, how many of these have been let off the hook, because they have been owed favors. Campaign Contributions should be made because you believe in the candidate. Not here; you make contributions like protection money, against prosecution. Politicians here are SO NOT honorable, just pimps and extortionists.
WAKE UP ALBUQUERQUE.
STOP BEING NAIVE.
The Judge had called the case, implied it would be dismissed and the cop was late to court. As to the exact details, depending on what "side" you are on..... the cop got very angry the case was plead down and the DA got angry the cop was late. Anyone can always listen to the record and get the "real deal". Don't blame the DA or the Cop. Hello, the defendant is why the case was in court to begin with.
Cases get dumped in Metro all the time for BS reasons. It's great that the special DA got anyting out of a case going down the tubes. Here's a question, why does APD use 3 cops to do a case that one could do? One stops, one does fields, one gives the breath test. Then 3 cops come in on overtime and the defense just needs to "not interview" one cop...
Not only does the APD need Federal Intervention, but so does the DA's office.
you guys keep talking about Fed intervention...who's going to make the Feds accountable?? NOONE...and talk about politics...I wish for the sake of APD something could happen for the betterment of the troops and morale. Unfortunately the Feds are dirtier than most..
Well that's real assurng
I know of a case where ONE cop stopped the DUI, gave the field sobriety and also transported, and also gave the breathalyzer. So that was 10 yrs. ago maybe now cops have to have "witnesses" on their side because so many of the idiots they pull over, etc. act like pussies (Jason Daskalas comes to mind) when they're caught breaking the law. APD needs help when it comes to watching their backs. criminals will say anything when they know they're breaking the law!
The Feds are very dirty here. And Kari Brandenberg? Ms. Coke-head herself? Please. It just got better - Bob Schwartz a judge in criminal court? The coke-heads rule, apparently. Justice is a joke. We need to get together and go to Washington and demand that the DOJ clean house in the FBI office and the US Attorney's office here. If GW Bush hadn't abdicated his role and failed to timely appoint a new US Attorney, the fed judges would not have gotten to select a buddy for the position. Another joke! But no one's laughing . . .
Come on ladies and gents, what we need is a real DA who does not set her own standards on DWI's, and not indict cops on bogus felony charges for political reasons.
Iam sure the vehicular homicide charges against the two military people that are pending will be dismiised. The public is backing Elton John Richard after he killed the burglar because he is a veteran. Remember the Officers in Las Vegas who were convicted after using deadly force when the driver of a truck traveled less than 50 yds and didn't stop for Officers? How quickly we all forget.
Come on!!the law is the law and you can use deadly force ONLY when someone is breaking into your home, car property and when your life is in danger. I don't care who or what you are I don't care who or what the burglar is, you DON'T chase him down and kill him a block or so away from the crime scene..duh duh duh. It's sad that a veteran did this, it's also sad that an air force vet. got shit-faced and killed 2 people on New Year's eve, now what?--just throw the law out and give these guys a break 'cuz they're in the military?
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