The Statements Provided by Clifton Bloomfield were Provided in Furtherance of Plea Negotiations and are Barred from Disclosure by the Prosecution, yet some of the Contents were Leaked to the Media, in Violation of the Rules of Evidence and Professionalism.According to the filing, inadmissible and confidential information concerning three murders was leaked to the media in violation of a confidentiality agreement covering plea negotiations. Further, Kerr's motion alleges that Brandenburg kept changing the terms of the plea agreement.-Liane Kerr, Attorney for Clifton Bloomfield (Request for Dismissal)
We all know that District Attorney Brandenburg has a history of heading straight to a plea bargain - do not pass a judge, do not see a jury. But Clifton Bloomfield is suspected of as many as SIX MURDERS - at least two of which have DNA evidence linking him to the killings. If Bloomfield is guilty of killing even one person - he shouldn't be in prison he should be under it.
We'd argue that it's her job to try the case not to plead it - particularly when the accused has such a long criminal record and most people would consider him nothing less than a serial killer. There's little doubt that Clifton Bloomfield is a danger to society and should be permanently removed from society. In addition, we'd argue that he's the type of career criminal that the death penalty was meant for.
Now, because a DA in a hotly contested election leaks information to the press there's a possibility that a serial murderer could go free. It reminds us of another DA in another jurisdiction using a racially charged rape case as a vehicle to victory.
Brandenburg may even be playing fast and loose with the facts in order to save her political career. In a recent New Mexico Bar Association Forum she made two claims that our Eyes tell us were not factual regarding the Elton John Richard case. The first that the fleeing felon Daniel Romero was shot in the back and the second was that before being shot he was yelling "put down the gun."
You'll notice in the video that Brandenburg uses "back" and "under the arm" interchangeably. With all due respect there's a huge difference. If Romero was shot in the back he was fleeing. If on the other hand he was shot under the arm, then it's far more likely that Romero was lunging for Richard at the time he was shot.
The other problem with Brandenburg's statement at the Bar Association Forum was the claim that Romero was yelling "put down the gun." There were no witnesses at the scene of the shooting that could have heard any statements by either party. Brandenburg seems to be playing a game of spin the facts to make them fit her actions in order to justify prosecuting a Marine whose actions made us all safer.
Challenger Lisa Torroco made the argument that if the evidence showed that Richard chased Romero a quarter of a mile and shot him in the back - Richard should have been charged with 1st degree murder. On the other hand, if Richard chased Romero for a quarter of a mile attempting to detain the felon and shot him under the arm defending himself, then the case against the former Marine should have been dropped.
Whether it's the case of mentally retarded Robert Gonzales who sat in jail for 3 years for the murder of an 11 year old girl despite exculpatory forensic evidence, the case of a decorated Marine defending himself and his family, or the case of an alleged serial murderer (subscription) who could be set free due to questionable actions by the DA herself, Brandenburg's head-long rush for an easy conviction is punishing the innocent and endangering the lives of all of those who reside in the 2nd Judicial District. Questionable judgment? Absolutely.
----- Update ------
Yesterday, Clifton Bloomfield cut a deal with the DA's office and his attorney withdrew her motion to dismiss. In the deal, Bloomfield admitted to killing five of the six people he was linked to murdering (ABQ Journal - Subsription).
DA Brandenburg called it a "deal with the devil," and in this case we agree. The question remains, if Bloomfield did it why are Lee and Rowley still in jail? If Lee and Rowley were part of any of the six murders, why didn't the plea agreement include testimony against the pair? APD announced there would be more arrests next week, if that's the case we're talking a real criminal enterprise here.
If Lee and Rowley were involved, they need to have a date with a needle. If holding the two and promising more arrests is a ploy aimed at job security then the DA is playing with Constitutional fire that could burn her even if she manages to hang on to her job.
----- Correction -----
We initially named a Richard Gomez as the mentally retarded man accused of rape and murder. Thanks to a reader who sent us an email correcting our mistake. The accused was Robert Gonzales. It has been corrected above.
34 comments:
Once again, It is apparent that Brandenberg needs to be held responsible for her hedious decision making and misconduct. This has occurred for years and finally came to fruition as of late. Fortunatley it is great timing for the Torroco camp. I for one am voting for Lisa Torroco. It appears that integrity is lacking under Brandenberg and I believe Torroco is a conservative from what her website and commercials say.
Kari pulled off an endorsement from Law Enforcement over the last few months but the grapevine tells me that APOA and the Chicanos Association are wanting to take back her endorsement. Go figure, Brandenberg has even LIED to them too. Good job on this one EYE. Finally the truth.
Yes ... This is a sad commentary about our "justice" system concerning real criminals ...It’s not a whole lot different though from the falsified criminal reports that some APD officers write when they seize and arrest people (They are trained to lie and say the "right things" to lockup and detain offenders more easily, yet they should not be committing criminal acts themselves without some chastisement) ... The jail population in the U.S. still exceeds, by a large margin, any other country in the world (just look at Bernalillo county’s over crowding on the west side detention center in Albuquerque as an example) ... What is wrong with this picture and what direction has our country taken? I thought we were a “free” society ... Perhaps Chief Ray Shultz or Darren White would like to offer a convincing opinion or explanation? I wonder if their words would be believable or trustworthy?
Kari Brandenburg got 5 first degree murder convictions in one fell swoop, and you're questioning her judgment?
You think it would be better to risk a trial, and all the unpredictability that goes along with that, just to satisfy your blood lust for the death penalty?
Do you know anything about the criminal justice system?
Do you really think the outcome of a trial would have been better than the plea that you find so repulsive?
Do you realize that New Mexico has executed one person in the last 40 years, and that guy literally begged to be taken to the gas chamber?
Do you know how many other DA's in this State have gotten an accused murderer to admit to 5 first degree murders?
Do you understand that this plea guarantees that this monster will never, ever, ever, breathe air as a free man again?
Are you as clueless in real life as your are behind the cloak of your anonymous blog?
Brandenberg needs to be indicted for misconduct. We need new flesh in office. Vote Torrocco for DA
Its easy for everyone to point the finger at the DA's Office for a lot of things. We all need to remember that Law Enforcement and the Crime Lab because they did the DNA work need to be held accountable. I don't know if we will ever know the truth of the DNA results on Bloomfield. I would like to see a time line as to when the DNA was tested, how long it took, when APD knew and when the DA's office knew. I am pretty sure everthing gets time stamped to show date received.
In reading the news report yesterday it's no doubt Kari is playing the politics. We need to get her out no matter what the change is. The Mayor, Schultz, Bakas and the rest are all in bed together. There is a certain community that gives largely to their camps.
Also, how can Kerr sleep at night defending such a scum bag. He probably has many more murders in his cache, attacking helpless kind elderly people.
Kerr's Karma will catch up with her taking on the evil that she has. The cancerous wickedness will transfer to her.
besides your continued bias towards the unqualified and dangerous lisa torraco, the eye is the one playing fast and loose with the facts. you don't tell the truth about the bar assoc. forum or what was said, you don't get it right about the yi case and you certainly don't understand the part that apd had in forcing the plea agreement in this case. maybe the da isn't perfect, but she is doing nothing - repeat nothing - in any of these cases for political reasons. if you follow the timelines and who in the das dept is handling the cases, you would clearly see that the decisions aren't political. but the eye has become a political tool, obviously unconcerned with justice or truth, but pushing a shakey political agenda. the pat rodgers - mickey barnett repub. agenda that will be soundly rejected on nov. 4th, leaving your little page with zero credibility. too bad you don't use the energy to further a message that is positive and helpful.
There are two really culpable players in this case and neither is Kari. They are Lisa Torraco for being the leaker in this case and the Journal for using the information that Torraco gave them. Torraco is the one who needs to be brought up on charges - both legal and ethical. Kerr needs to check into this. The judge needs to look into this. The DAs office didn't leak the info, but off course the Journal will try to make it look that way to cover the own ass, and Torraco will continue to use this politically, as she has done in every case that she alleges the DA blew. Kari did the right thing in this case, and has tried to protect the public and the families. Torraco has done untold damge by leaking information and has hurt the families. She did the same in the McGrane case, used the case and hurt the McGanes. Same in the Richard case. To have Torraco as DA would make the election of an idiot once again the norm.
Does anyone really believe that you could get as good a result in time served [sentencing] if you had to do 5 or 6 individual trials?
With New Mexico jurys?
Really?
And after those trials another decade or two of appeals? You honestly think that you'd get 5 murder convictions? Really?
I voted for Kari on Wednesday at the County Clerk's Office. I'm glad I did. I only come here to read posts by the comedian, Torraco and Limbaugh quotes by the Eye. You guys are hilarious.
Above all, God will judge each of us for our crimes when we pass from life as we now know it!
I think Law Enforcement has always done a great job, I was a victim of a robbery and APD caught the crook. It was sad to see the DA's office plea bargain the guy and he got probation. I am not a law enforcement official but do think police did a great job and to see the DA's office be very liberal on the crook was a slap in the face. I feel we need to vote for Torroco and give her a chance.
How does one get indicted for misconduct? Are you gonna apply the same standard to Torraco and her record of "achievement"?
Kari, you and your cronie DA's need to stop posting blogs. It is apparent that you are out the door. You did your 8 years and its time for a change.
VOte Torroco for Bernalillo County District Attorney, I did. Your fellow ADA
The only reason that DA Brandenburg made the deal to plea bargain with Bloomfield was that she and her administration were embarrased by recent coverage in the Journal. Combine that with Torraco's recent rhetoric and Bloomfield's attorney antics, Brandenburg had no other choice, but to concede to the wishes of law enforcement investigators and the community. The fact that she did anything was in itself a step forward for her poor record at prosecuting criminals. Until recent events I was undecided in the DA race. Now, I believe that what is best for the community is a change in leadership at the DA's Office.
and we should give sarah palin a chance and every unqualified and unethical dunce on the planet a chance because - well just because.
give torraco a chance and the result would be a total meltdown. all of the attys in town think she is an idiot. all of the judges -ditto. she claims in public to have all this support, but she makes it all up. ya, give her a chance......please!
the only thing apparent in the DAs race is that one candidate has experience, honesty and integrity. And that is Kari Brandenburg. Torraco's rhetoric is empty and ignorant and her record is a joke. Brandenburg will win easily.
Few will vote for a clown who runs from her own party and lies in public forums.
Your kidding right. I have been a police officer for 15 years and with Kari we have stepped back to the Shwartz days. Romero brought us to a decent prosecution ratio and now we are below 50%. Anyone is better then Kati, she has been an embarrassment to Bernalillo County. The polls I have seen show Torroco up 62% to Karis 32% with 6% undecided. Read the writing on the wall. The public and Law enforcement are ready to put integrity back in office.
Kari is OUT
all of the people talking crap about Torraco never quote any facts - if everything they say were true she would actually be up on charges.
Torraco not withstanding, how about the fact that two thirds of voters would have anybody but her.
If nothing else she has lost the confidence and trust of the community.
good riddance.
I beg your pardon ..... The public is tired of the corruption in the police department .... No kidding!!
no such poll exists and you haven't seen such a poll. Don't fall into Lisa's lies. The only poll that has been taken was by the republicans and it had Kari up 57-30. That has been the ONLY poll taken. Even the biased Journal won't poll because they know it isn't close.
Torraco won't tell the truth about anything, but IF you are an officer, you should try to look at the evidence. Don't try to BS, because honest people read this, too.
You people who write in saying you're cops are hilarious. Please don't belive this crap. At an event tonite, that maybe five people were at, all Lisa people, Toracco said that Kari had polled and that Lisa was up by 3. Kari hasn't polled. Lisa can't keep her lies straight at this point. Pathological liars have that problem.
Someone needs to put the story out on the DNA, why did it take so long to get to the DA's office? Those results go through a lot of channels could be why the file is sealed, for now. All agencies are guilty, including APD.
anybody but Kari Brandenburg
So besides not being Kari, what are Lisa Torraco's attributes?
Lisa is the leader of this pathetic little band of do nothing- know nothing negative little people that have zero going on in their lives so they write silly crap like this blog about strong indiviuals who put their lives on the line for the public. Shame on all the Torraco supporters.You may have valid disagreements with the present DA but why stoop to such low class standards. If you are an example of the folks who would work in a Torraco office - God help us.
If any poll really exists other than the republican poll...name the polling company.....put up a link.....who polled and when?
Give us where we can find this poll. Or is it just Lisa's imaginary poll? Like her imaginary judges that support her. A NM Supreme Court justice said he wouldn't call Lisa bad lawyer, he would call her the worst lawyer he's EVER seen.
The 3 or so people leaving these "Go Kari" comments are all so obvious. You losers (her Jr. Cop boy-toys, pathetic ADA cronies, dirty Downtown cop circles) are so transparent. You all even misspell the same words in your carbon copy comments from post to post.
All of you go ahead and say what you're gonna say as "Anonymous" posters, because if any of you had any proof substantiating your ridiculous claims, bring it on. Show your hand now, because you're running out of time.
BE AFRAID, because Lisa Torraco isn't afraid of you. She is going to take you creeps down and you know it. Your days of running this city like a mob are OVER! You aren't going to have those badges to protect you from paying for the crimes and creating corruption of this wonderful city's Government and Law Enforcement.
TORRACO FOR DA!
How funny and scared and desperate the Torraco bloggers are. The FOP endorsed Kari after both candidates presented to them. Even one of Torraco's supporters at the meeting said that after she spoke, it was clear that they had to support Brandenburg.
Torraco is not a bright woman and her apperances are costing her any support.
Brandenburg will win by double digits.
Torraco is a fool.
Still waiting for those Pro-Lisa poll details??
Why the silence? If that poll exists, why aren't you spreading your good news all over the place instead of spreading your BS all over the place.
No? Silence?
Guess there never was such a poll MR. APD 15 year vet.
Torraco drags people down to her level.
ive got your pole!
...so Lisa's attributes are...???
who needs either one? Kerri or lisa. All you have to do is assign a public defender to any case and there will be a guilty plea." public defenders in Albuquerque are no more than legal triage." says Judge Albert "Pat" Murdoch. So you could have Bozo the Clown for DA and as long as the defendant has a public defender he/she will be pleading guilty.
I was cellies with this "killer".In Northern C.I. in connecticut. Somtimes descent men may make mistakes. Laws are laws...Are the politicians any better if they miss use them. Our government put me in the cell with him for 5 months towards the end of a 3 and a half year sentence for sale of controlled substance in 2009.So there,the government's care for you...Good thing we got along,huh?
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