The Piercing Truth
Apr 19, 2015
Berry Spars with Brandenburg
During a recent media event Kari Brandenburg stated what she believes the condition of Albuquerque is in. Mayor Berry came back sharply at Brandenburg dismissing her statement and proclaiming the City of Albuquerque will continue to be grossly mismanaged while it is under his control.
Bernalillo County District Attorney, Kari Brandenburg, stated during a recent media release, “we are in a crisis that I’m not sure we will recover from; if we do, in my life time…” Finally, a local public official admits what we have been saying for a great deal of time. In response to Ms. Brandenburg statement, Mayor Berry stated, “I’m not gonna read anything in between the lines on somebody else’s comments; we’ll just do what we’ve always done!” To summarize what Berry stated: City leadership, or lack thereof, will continue screwing everything up as it has done in the past.
Here we are again, Berry making a fool of himself publicly. When a popular DA states the City is in crisis even a fool should take that statement seriously. But not our fool; he dismisses the statement and makes a childish rebuttal. Perhaps the DA’s statement is a “red flag” or a warning to the mayor and the city? Berry’s statement, “we’ll just do what we’ve always done!” The mayor’s performance as a top manager has been nothing short of a travesty for the City and APD. Now the mayor proclaims and reaffirms he will continue down the same destructive path he has set for the City and APD.
Here is a final thought with all sarcasm aside; Mayor Berry needs to heed to the signs he has been given and take immediate corrective action. This is a sobering wakeup call for the Berry administration. Brandenburg’s words were not soft or gentle but were true. Get off the highway to hell. Take the high road Mayor Berry, be a gentlemen and thank Brandenburg for her honesty and move forward with the business of caring for the citizens of Albuquerque.
Jun 5, 2013
SENSELESS MURDER OF A HELPLESS INNOCENT BABY

Jul 23, 2011
Murdoch to Walk on All Charges
It has now come to the attention of the DA’s office that the evidence obtained in the Murdoch case was obtained illegally. The Great State of New Mexico passed a voyeurism law that prohibits the video taping others in their homes, restrooms, etc… What does this mean, for Murdoch’s dream team; it means that the video will be suppressed. As a result of suppression, everything else obtain as a result of the illegally recorded video will be suppressed by the courts as well. This means that the Albuquerque Police Department does not have a case and the Bernalillo County District Attorney’s Office looks like a bunch of buffoons for allowing this bogus trash in the first place.
This will clear the way for Murdoch to sue the Albuquerque Police Department and the Bernalillo County District Attorney’s Office. The dollar amount may be well over a million dollars. This case will never go to trial. Any jury that sees a respected presiding district court judge who is paralyzed from the waist down, whose career and life was ruined by the reckless acts of the Albuquerque Police Department and the Bernalillo County District Attorney’s Office will quickly grant an enormous award; around the four to ten million dollar range. Berry may be asking for a tax increase to cover the millions of dollars that Schultz keeps costing the City of Albuquerque. The City will be wise to pull out the “Sam Costales Check Book” and start writing out those zero’s behind that first digit.
One last thing for Kari Brandenburg; amend the charges against Murdoch; this will help Murdoch’s dream team show malicious prosecution. This will open up the DA’s checkbook wider. As you know juries are big on retaliation.
Here is another case for the IRO to look into. The Murdoch caper will need to be administratively reviewed and swift action must be taken in order to save what little credibility APD has left. At this point the final domino from the Fifth Floor will fall; DC Paul Feist. Obviously Feist being a deputy chief had knowledge of the shoddy investigation and approved it. When the Murdoch fiasco broke, Feist was on television acting conservatively smug and victorious, as did Commander Doug West. Another two careers flushed down the toilet.
Gov. Martinez; get off your tail feathers and do something. The “lame duck” routine is getting old and quite frankly, it has been old for a very long time. This goes for all of us including the Republicans who back your duff. All this is “public corruption,” do something, anything or you will be a one termer just like Berry.
Berry will need to be a man and give the orders to clear the Fifth Floor. Berry needs a lifeline from someone out there who is known for their credibility, boldness, a stand-up kind of guy, who has dignity and honesty to lead APD. The new leader will need flexibility to hire, fire, and promote as he deems appropriate. Repairs will take many years.

Jun 14, 2011
White Has a Real Job Now; Being a “Tattletale”

White ignited the drama according to today’s Journal (see here). White apparently acted childish and decided to report ADA Drager for a post that she placed on the “Fans of APD” Facebook page. This is the same site that White claims is bad and that he “never” goes to. ADA Drager posted several comments on the Fans of APD Facebook page including one concerning White. According to the Journal, the post was describing Albuquerque Public Safety Director Darren White as a “political appointee that (doesn’t) actually do anything.” Everyone knows this is a true statement; other than his new job of being a tattletale.
According to the article, “Brandenburg said she learned about the posts from White on Saturday and began reviewing Drager’s posts immediately.” Drager expressed an opinion and never represented herself as a representative of the DA’s Office. To summarize the bottom line, this ADA did nothing wrong and did not violate any policies of the DA’s Office. Brandenburg clearly knows and understands First Amendment Rights and knows not to infringe on them. White on the other hand is simply trying to instigate problems since he really doesn’t have a real job. It is doubtful that Brandenburg is going to do White’s dirty work for him, he will have to do it himself.
White needs to learn just like an irresponsible two year old that there is a difference between being a tattletale and reporting. What White did is an example of being a “Cry Baby Sally” and being a tattletale. When someone threatens another person’s life and you bring it forth to the proper authorities; that is reporting. White needs to grown up and accept responsibility for the mess that he alone has created. We have enough real fires burning here in New Mexico without a tattletale like Darren White igniting more over his hurt little feelings.
Here is one last note for the record. The title of the Journal story was, “Asst. DA Uses Facebook To Blast Fed Case.” The majority of the story centers on White being a tattletale and what the ADA posted that hurt White’s feelings. This is just another cheap shot for the Journal.
Mayor Berry has a real winner on his hands. Re-election keeps getting slimmer and slimmer for what may be a One-Term-Mayor. Good for you Berry!
Apr 10, 2011
Quality v. Quantity; Schultz Zings Albuquerque Citizens Again
According to sources behind the badge, the Eye was told that another lateral from the Los Lunas Police Department, under Schultz’ watch, assisted in disposing of Chavez’ truck in an effort to commit fraud against Chavez’ insurance company.
The City of Albuquerque claims that neither they nor their employees did anything wrong but shelled out a big fat check to the Chavez family for $230,000.00. How often does a municipality give $230,000.00 for bogus claims? Of course the $863,000.00 paid out in the Sam Costales case dwarfs the Chavez family’s pay out. Chief Schultz was found guilty of a federal civil rights violation committed against Mr. Costales. Chief Schultz kept his job and was never disciplined for the civil rights violation.
Our Eyes tell us that Levi Chavez’ new wife, Heather Hindi, is actually a former step-daughter of Bernalillo County District Attorney Kari Brandenburg. The Eye wonders why Brandenburg has failed to disclose this information. The Eye is not surprised. Brandenburg has failed to pursue charges against Albuquerque’s Public Safety Director, Darren White, for felony activity after it was reported to her by the New Mexico Attorney General. White has been appointed by Gov. Martinez to sit on the Judicial Standards Commission.
Schultz is the Chief of Police and is responsible for his department and for his choices and selections. In order for Chavez to be hired; it required the ink of Chief Schultz. Schultz needs to learn the difference between quality and quantity. He must be held accountable for his part in the repeated chaos that keeps repeating itself under his watch.
What is awkward, Chief Schultz had the audacity to state in an interview with Channel 13 News (see here), “mistakes were made; wholly and solely by the Valencia County Sheriffs.” After reading this story and hearing his statement, this brought to mind an old saying, “is this not the pot calling the kettle black?”
Bottom line, citizens want one thing; “justice," that goes for anybody who commits any unjust, including Levi Chavez and Ray Schultz.
Mar 3, 2011
Ties Questionable between TruTouch and Darren White

TruTouch President, James McNally and board member David Durgin, were contributors to White’s campaign for his failed attempt to run for the First Congressional District. White was beaten down by current Congressmen (D) Martin Heinrich. TruTouch violated state law by their failure to disclose pre-contract contributions. This also appears to be a violation of the contract itself. After receiving a huge no-bid contract with the Bernalillo County Sheriff’s Department, White’s campaign received an additional $2,500.00.
White claims he had no fault, having accepted the contribution which was legal and reported to Federal Election Commission.
Between McNally and Durgin, they contributed a $3,500.00, in spite; Sheriff White was responsible for reporting how well the TruTouch machines performed.
The Eye does give White full credit to owning up to this. In his statement below, White clearly acknowledges and accepts responsibility.
“The Sheriff’s [sic] fully supports the Sole Source contract award to TruTouch Technologies…. The Sheriff’s Department will oversee the project and expenditure of grant funds and submit all necessary reports to the proper agencies. [Signed] Darren P. White, Sheriff — 2/19/2008″
Source: http://www.abqjournal.com/news/state/271139335948newsstate10-27-08.htm
“White, who is now Albuquerque's Public Safety Director, said the machines were never used because nobody at the Sheriff's Office could get TruTouch to teach them how to use the devices.
However, a company news release says those machines, and a newer version under development, do not require user training, according to a Journal story published in January on venture capital investments for the company.”
Source: http://www.abqjournal.com/news/metro/022328557327newsmetro03-02-11.htm#ixzz1FSUWa8aD
Who is Lying; Albuquerque’s Public Safety Director, (former Sheriff) Darren White or TruTouch?
While still holding the “bag,” White is still backing TruTouch even after a $1,100,000.00 price tag and a complete lost to us tax payers. The big question then becomes why?
One of the Eye On Albuquerque researchers located these two reference documents;
Agenda Item Number: 2007-2-7A
BERNALILLO COUNTY
BOARD OF COUNTY COMMISSIONERS
Risk Management Contractor shall defend, indemnify and forever hold and save the County, its officers and employees harmless against any and all suits, causes of action, claims, liabilities, damages, losses and reasonable attorneys’ fees and all other expenses of any kind from any source which may arise out of this Agreement or any amendment hereto, if caused by the negligent act, error, or omission, or intentional act, error, or omission of the Contractor, its officers, employees, servants or agents. David Baca, Risk Management Director
Agenda Item Number: 2008-4-6A
BERNALILLO COUNTY
BOARD OF COUNTY COMMISSIONERS
ELECTED OFFICIAL/OTHERS
Sheriffs Department:
The Sheriff’s fully supports the Sole Source contract award to TruTouch Technologies of
Albuquerque. TruTouch has demonstrated that they are the only bio-medical research firm
that has the current technology to test, develop, and manufacture the non-invasive biosensor
units. The department has actually done preliminary field work with a prior generation device in conjunction with TruTouch and were very encouraged by the efficacy of the capabilities and results provided by this equipment. The Sheriff’s Department will over-see the project and expenditure of grant funds and submit all necessary reports to the proper agencies.
Darren P. White, Sheriff - 2/19/2008
Now, that this phase of the development of the project is complete Senator Kent Cravens has
sponsored two Senate bills to provide funding to Bernalillo County to purchase prototype noninvasive biometric devices for testing in the field. The Bernalillo County Sheriff’s Department has agreed to participate in this field testing phase by managing and awarding the state grant money contracts, as well as being the first law enforcement agency in the United States to test this technology in “real life” law enforcement situations. If this sole source is approved, the procurement will allow for the non-invasive biometric sensor project to move forward through the gathering of data and determining the workability of the instrument for further development. The data and information from this testing will also be forwarded on to Representative Wilson, Senator Cravens, as well as Governor Richardson’s office for review. The equipment purchased will remain the property of Bernalillo County. The Sheriff’s Department has been awarded two Special Appropriations from the New Mexico State Legislature to purchase non-invasive alcohol and screening prototype equipment for the purpose of detecting and measuring alcohol levels in motorists while driving under the influence. The total amount of the two appropriations is$380,000. Both appropriations were sponsored by State Senator Kent Cravens of Albuquerque. The non-invasive alcohol screening equipment is part of Bernalillo County’s on-going initiative to develop “State of the Art” testing equipment for the interdiction and prevention of drunk driving.
In the Agenda Item Number: 2007-2-7A, it clearly states that the Risk Manager, David Baca, placed the legal verbage to allow legal recourse. Perhaps this may be something that the County of Bernalillo Government should explore.
In the Agenda Item Number: 2008-4-6A, it states, “The department has actually done preliminary field work with a prior generation device in conjunction with TruTouch and were very encouraged by the efficacy of the capabilities and results provided by this equipment.” … Darren P. White, Sheriff - 2/19/2008 (Italic added for emphasis)
“The Bernalillo County Sheriff’s Department has agreed to participate in this field testing phase by managing and awarding the state grant money contracts, as well as being the first law enforcement agency in the United States to test this technology in “real life” law enforcement situations.” (Italic added for emphasis)
If this is true, Darren White had knowledge that the Sheriff’s Department already knew how to use the machines because he claims his Department actually used them in the field testing. This contradicts his statement that the Bernalillo County Sheriff’s Department did not know how to use these machines.
White was also tasked with managing the State Grant Money and ensuring it was done correctly. What is really going on here?
What was this? Was this a play to pay scheme? You will have to decide.
Sheriff Houston, if there is a bono-fied problem here, as a public elected official you are being summons to duty; you have the legitimate authority and duty to call for an official investigation. Perhaps the New Mexico Attorney General’s Office since this involved State Grant Funding. Don’t bother with Bernalillo County District Attorney, Kari Brandenburg; in all probability she will do nothing as she did in another felony case that involved White. The Feds should be included since it involved Federal Grant Funding. If the Feds blow you off, go to the Department of Justice. It is your decision Sheriff Houston…
Here are a few final thoughts. Does the APOA President, Joey Sigala, Know something we don’t? Sigala stated in his Journal editorial on Monday, February 28, 2011, titled, “No-Confidence Vote About More Than Cars.” Sigala stated, “As the city faces a $40 million budget deficit, now might be the time to eliminate the position altogether. If not eliminate the position, then the Albuquerque Police Officer's Association is asking the mayor to consider a change of leadership at the position of chief Public Safety officer.” You will have to decide.
Here is what our Honorable Congressmen, Martin Heinrich, stated back in 2008, “ Heinrich contended that White received "illegal contributions" from officials of TruTouch Technologies, which received a sole-source contract earlier this year for the sheriff's department to test high-tech, noninvasive DWI enforcement technology. Heinrich said the contributions violated a state ethics law.”
Mayor Berry; the Eye has made humor concerning your non-responsible and non-responsive behavior. With all due respect; we ask you to step up and be the leader that we elected. Please deal with your “White Elephant.”

UPDATE
Company won't answer fraud questions
Items purchased in 2008 called into question
Updated: Friday, 04 Mar 2011, 9:18 AM MST
Published : Friday, 04 Mar 2011, 9:00 AM MST
• Reporter: Nancy Laflin
• Web Producer: Blair Shiff
ALBUQUERQUE (KRQE) - The New Mexico Attorney General is investigating whether fraud was committed regarding TruTouch machines purchased in 2008. Then-Bernalillo County Sheriff Darren White said the machines never worked...
...the taxpayers in Bernalillo County and the state of New Mexico and basically even nationwide, invested over $1 million into three boxes that are down in our basement that are worthless," said now-Sheriff Dan Houston.
Houston wants to know if any fraud was committed, so he has contacted the Attorney General.
Darren White was sheriff at the time the machines were purchased and said they never worked.
END UPDATE (Update posted at 10:20 PM 4 Mar 11)
Sep 3, 2009
Payoff?
The city of Albuquerque will start paying the District Attorney's Office $275,000 to prosecute repeat offenders.Of course Mayor For Life Marty didn't bother to get council approval he simply committed the money without all of that legal mumbo-jumbo required by the City Charter. More interestingly, the money comes almost a week to the day after Kari's major flip-flop on investigating APD.
At a joint news conference Wednesday, Mayor Martin Chávez and Bernalillo County District Attorney Kari Brandenburg announced that a team of prosecutors will be formed targeting suspects who have multiple convictions. The city will provide funding for the team for one year.
Last Thursday the Journal quoted Brandenburg as saying...
"I think it would be prudent for it to be turned over to an investigatory agency so they could look at it," she said. "We are interested in any injustice being done. I would certainly think the circumstances warrant for an independent investigation."By Friday...
District Attorney Kari Brandenburg said Thursday she will look at the cases her office prosecuted. She also said she feels APD can investigate the allegations involving the reserves making arrests.Perhaps Brandenburg was no longer interested in "justice being done" because Marty got out the city's checkbook in order to dump $275,000 into the cash strapped District Attorney's office. In the process Marty gets to go out and look like he's doing something to discourage repeat offenders.
She previously said an independent investigation was warranted, but clarified that APD should do its own independent investigation.
One of Chávez's opponents in the October mayoral election, Richard Berry, issued a statement after the news conference saying the announcement was "disingenuous."Of course none of this makes any sense. The city is going to provide two lawyers and a civilian for one year at a cost of $275,000 in order to get the DA's office to pursue repeat offender sentencing enhancements that they should be pursuing already. Exactly how does it cost more money and require three people to pursue a sentencing enhancement? The previous DA seemed to be able to do so.
"This is nothing more than a $275,000 smokescreen," Berry said in the statement. "In the last weeks of the campaign, Chávez is scrambling to appear tough on crime in the hope that voters will forget his record, but after 12 years as mayor, he has been unable to solve the problem."
The only way this makes any sense is in the context of a payoff. Brandenburg knows that she's facing a shrinking budget (No root beer floats for you!). Marty knows that an independent investigation of APD will turn up all sorts of embarrassing problems with The 5th Floor. The Almighty Alcalde simply can't afford to have a sitting elected official - particularly the DA - calling for an investigation of his administration.
The funny part is that we'll bet that Brandenburg has been had. The money ain't Marty's to blow and by the time the $275,000 doesn't show up the election will be over along with the mayor's incentive to fight the council for it.
Even more funny is that we're hearing rumors that outside parties are already poking around in the PD's past. Marty's move was most probably a payoff - one that Brandenburg will never receive.
Oct 29, 2008
Desperation or Dementia?
Brandenburg went on to question some of Torraco's donations - specifically ones that the challenger for District Attorney received from eight bail bondsmen.
Brandenburg said she has never accepted contributions from bail bondsmen and calls doing so unethical."I would not take money from bondsmen. That is a clear conflict of interest," Brandenburg said. "(Torraco) has been out on the campaign trail promoting low bonds. That raises potential conflict.There are a few things that are just odd about that statement. First, the Journal reported that the total amount of the contributions to Torraco's campaign from all 8 bail bondsmen was $1,600. We don't know what the individual contributions were but that average is $200 each.
"Is she going to be the law-and-order district attorney that wants what's best, or is she going to be promoting low bonds because she has support from the bail bondsmen?"
Second, how is accepting donations from bail bondsmen any different from accepting donations from attorneys? They both have criminals for clients and they both get paid for their services.
People who donated $1,000 or more to Brandenburg's campaign include attorneys Sam Bregman, Randi McGinn and Charlotte Rich; the law firm of Sanchez, Mowrer, & Desiderio; and physician James R. Shiveley.What's clear is that Brandenburg is trying to create the illusion of impropriety by trying to link Torraco to our local Dog the Bounty Hunters. As one of our Eyes pointed out today, if Torraco wants to lower bonds she wouldn't be doing the bail bondsmen any favors.
More than $23,000 — nearly half — of Brandenburg's contributions came from attorneys. [emphasis added]
"It's clear I have support from a lot of attorneys," Brandenburg said. "They are familiar with the system and are in the position to understand the job I have done."
You see... Bail bondsmen are really a kind of insurance. Bondsmen put up the court ordered bond in exchange for certain personal and financial guarantees. In addition, they charge a fee - generally about 10% of the court ordered bond.
If the accused shows up, the bondsman keeps the fee and releases any financial guarantees made by the defendant or on the defendant's behalf. If the accused chooses to jump bail, the bondsman hires a bounty hunter to deliver the defendant to the court and collects on any financial guarantees. If the bounty hunter fails to find the fleeing felon, the bondsman is forced to fork over the court ordered bond - not something they are fond of doing.
The point here is lowering bonds are not in the best interests of bail bondsmen. A lower bond means a lower fee and believe it or not, these guys aren't running charities.
Which brings us back to the question - is it desperation or dementia? It's desperation if Brandenburg is simply making a ham fisted attempt to tie her challenger to one of the seedier industries in society. It's dementia if Brandenburg really believes that bondsmen want to see bonds reduced and would donate the astronomical sum of $200 in order to influence a potential DA. Hey, you decide. But after Brandenburg's comments about dancing in the office and root beer float day...
Oct 28, 2008
Endorsement: Torraco
Crime stories have been stealing the headlines in recent months, making it clear the district attorney is a key position in local government, and the race for the top prosecutor slot a critical question on the ballot.The District Attorney's job is to protect the public... not to protect the system. Kari Brandenburg's obsession with her early plea program may have reduced the number of cases that judges and juries have to hear, but her inability to tell the difference between a first time offender and a serial killer have cost the lives of far too many. Lisa Torraco not only has the experience to prosecute criminals, but the will to see criminals kept safely away from their potential victims.
The Journal endorses Lisa Torraco for the job.
Torraco, a Republican, says one reason she is running is because she sees resources squandered on cases that should not be prosecuted — resources that could be used to manage Bernalillo County's huge caseload more effectively, reducing delays and increasing the conviction rate.
Her candidacy is motivated by cases that shouldn't be prosecuted, but are. Charging DWI when breath tests fall below the presumed level of intoxication can often fall in that category. Torraco thinks there's plenty of work to be done at the .08 limit and above.
Worse is the injustice committed against a young man with an IQ of less than 65. He should not have lost 24 of the 32 months he spent in jail awaiting trial for murder, while all the DNA evidence pointed to another person who went unidentified until June.
Then there are cases that should go to trial but are plea bargained, she says, like the career criminal who, thanks in part to a deal, was adding to his list of homicide victims instead of being in custody.
And, in too many of the cases selected for trial, the conviction rate indicates prosecutors don't have the evidence — or the trial skills — to prevail. Torraco argues these examples are symptomatic of poor assessment of cases presented to the DA.
A member of the bar since 1991 who has worked on both sides of the criminal justice process and taught prosecution skills at the University of New Mexico, the challenger has experience.
Just as important, Lisa Torraco has the potential to shake up the District Attorney's Office.
----- Correction -----
For some reason we just can't seem to spell Lisa Torraco's last name right or even the same way twice. We spell it with one R or two Cs, an O instead of an A - all in the same paragraph! We apologize to Ms. Torraco for the continued mutilation of her last name. We hope we have at least four years to get it right.
Oct 21, 2008
16 Reasons
At least 13 people sentenced to probation in the past five years have been charged with committing homicide while serving their sentences, according to a survey of court records.Even more disturbing is that the DA didn't seem to know that so many of her sweet plea deals had ended up going sour.
Two of them have been charged with multiple killings while on probation, bringing the total number of deaths to 16.
"I'm surprised by that number," she said. "I would be interested to know what the circumstances are. Whenever something like that happens, I want to go back and say, 'What happened? How did we miss it?' "Clifton Bloomfield is the poster child for bad pleas killing no less than four people while out on probation - the result of a plea deal that reduced a potential 40 years in prison to 200 days of community arrest. Yeah, that's what we thought.
To make matters worse, our Eyes tell us that Bloomfield's most recent plea that saves him from the needle and moves him out of state, actually sends him to Idaho to be closer to his Aryan Brotherhood cohorts. Bloomfield is allegedly bragging that he has committed 1o additional murders that authorities don't know anything about.
There's little doubt that extending plea bargains is part of what the DA does. However, Brandenburg makes the system her top priority while ignoring the safety of her constituents.
Moving criminals through the system places them right back in society endangering innocent people. Like it or not, incarceration is a far better solution. At the very least prisons keep criminals away from their victims and their potential victims.
There are as many as 16 people who lost their lives simply because the DA put the criminal justice process before our protection, 16 families who mourn the loss of their loved ones, and 16 reasons to send Brandenburg on her way.
Torroco
We've had a number of posts asking where law enforcement stand on this race. Our Eyes tell us that the rank and file everyday officer on the street is either voting for Torroco or against Brandenburg - despite the Brandenburg endorsement by their unions.
In the case of the APOA, the endorsement is determined by a board and not the rank and file. In addition the APOA's endorsement came way before anyone knew there was a for real DAs race. The FOP endorsement on the other hand was a recent event involving the membership of the Sheriff's Office. Our Eyes tell us that Brandenburg won by a razor thin 4 votes and that the endorsement meeting was well attended.
The bottom line here is that the incumbent DA is under siege by an under funded opponent and that by itself should give you pause. Brandenburg's performance in office should be judged by how well she has protected the public not by how she has reduced the burden on the judicial system.
To date we have virtually ignored the race for PRC. There are two candiates running for the position - incumbent Jason Marks (D) and challenger Tim Cummins (R). The Eyes have it that County Commisioner Cummins enjoys a slight lead over the incumbent, what say you? Don't forget to vote!
Oct 16, 2008
Manny Era Gone - The Patron System Lives On
This was one of the cases that former U.S. Attorney David "I'm not in my officer right now, please leave a message" Iglesias was sitting on two years ago. This was one of the performance issues stupidly referred to by former Attorney General Alberto Gonzales. This is one of the cases that didn't get moving until after Iglesias was sent packing... but we digress.
The patron system in New Mexico certainly lost a power player in yesterdays proceedings. Federal attorneys contend that the conviction sends a strong message to public officials who might be lining their pockets with public money. However, the deterrent effect is somewhat lessened by the fact that this case fell into the Fed's lap and without a civil court case where two contractors were fighting over company assets, Manny and company would have gotten away clean.
(Sidebar)We have a dismal record prosecuting public corruption cases in New Mexico primarily because government has been dominated by one party for over 80 years. The pressure on elected officials to "go along to get along" is enormous. Particularly when they run in the same circles and count on each other's support to keep their jobs. Even honest officials don't want to cross someone as powerful as the former Senate Pro Tem was at the height of his power.
A note to Kari Brandenburg... This is how you plea bargain. The U.S. Attorney brought down Aragon's house of cards by flipping defendant after defendant. Unlike your "deal with the devil" the pleas entered into by the U.S. Attorney included agreements to testify against Aragon. Meanwhile two potentially innocent men sit in prison accused of killing Pak and Pung Yi. If you believe the two were involved your deal with Bloomfield should have included testimony.
(End Sidebar)
The fact is that although the Era of Manny is over, the fastest way to clean up the system is to wash out the players who use their political power for everything from the petty to the profitable. We can't count on the Feds to get lucky and we can't expect elected officials who play on the same team to prosecute their teammates. And so... the Patron System lives on.
Oct 14, 2008
Kari in Wonderland
Brandenburg's office doesn't exactly fit the "Law & Order" mold.Huh? Dancing in her office while the deer and the bear rug play? Never mind that the DA's office has been a no show on voter fraud. Never mind Brandenburg's single minded obsession with putting the innocent behind bars. Never mind her plea before prosecute mentality. It's quite possible the District Attorney for the 2nd Judicial District is insane.
She has several plush animals in her office that sing, including a bear rug and a deer head on the wall. She is known to dance to the animals as they break out with such tunes as "Sweet Home Alabama."
In the corner of her office is a large refrigerator. On top is a case of A&W Root Beer and inside the freezer are gallons of ice cream.What?! Hey, we like an occasional root beer float as much as the next Eye, but shouldn't one of our top law enforcement officials be more concerned about putting criminals in prison?
"I don't like soda," she says. "We were having root beer float day for everyone in the office."
Brandenburg prides herself on being able to improve morale. It was part of her platform when she first elected eight years ago.
This is just bizarre and more than a little alarming. We've got a DA dancing in her office while her stuffed animals sing and serving up root beer floats while repeat offenders like Clifton Bloomfield are cut pleas and set loose on the public. It's like Alice... or at least Kari in Wonderland.
Terrible Job
In our unscientific poll of 359 people, 13% felt the chief was doing an excellent job, 7% a good job, 8% a fair job, 13% a not so good job, 1% didn't know, and a whopping 53% thought that the chief was doing a terrible job (view the results here).
This week we take another look at the race for district attorney. There have been a lot of stories lately on the activities of incumbent DA Kari Brandenburg. We have a hard time believing that Torroco could improve upon the 70% that she received earlier, but most of the publicity hasn't been exactly flattering for Brandenburg (or her stuffed animals). But one thing is sure, the DA's race is now receiving the attention that it deserves. Don't forget to vote!
Oct 11, 2008
Questionable Judgement
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.
Sep 24, 2008
KNME Debate Back On
We still think the Brandenburg folks are trying to keep their candidate sealed for as long as possible, but at least there will be some opportunity for the voters of the 2nd Judicial District to see the two candidates before they cast their votes.
----- Correction ------
We really ought to consult our calendar before posting. The debate will be taped on Sunday not Thursday as originally posted. Keven McDonald sent over an email setting us straight. The debate will be posted for nearly a week before the airdate. Thanks for the correction!
The Bite Heard 'Round the World!
Two years ago, District Attorney Brandenburg's cute and cuddly little K-9 bit one of her neighbors -Elaine Hazelrigg- on the face causing some bleeding and a chipped tooth. When Animal Control officers arrived they found that the DA's pooch was an illegal! Yep, Brandenburg's perp pet was unlicensed and found not to be current on their rabies.
Hazelrigg, who lives on a street of high-end homes, said she decided to sue Brandenburg after the DA denied fault for her injuries and refused to pay her medical and dental expenses.As happens in many civil suits, the case was eventually settled and the two parties went on their way. So far, there's really nothing particularly remarkable about the case. In fact, the only thing that is remarkable about the case is that Brandenburg and her attorney asked that the case be sealed - and the court helpfully obliged.
"There was no remorse whatsoever. Zero," she said. "I wasn't in it for the money."
Attorney James Johansen, who represented Brandenburg in the suit, said no. He said the case was sealed because of concerns by the DA that file documents revealed the location of her home.That last bit is the problem. If Brandenburg's address is readily available then sealing the record is unnecessary and unwarranted.
"There has to be a balance here in protecting public officials and letting the public know what officials are doing in their private lives," Johansen said.
But Brandenburg's home address is easily and widely available from public sources. [emphasis added]
...Don Kochersberger, a lawyer for Hazelrigg, said one document in the case file — a summons issued to Brandenburg — had previously been sealed because it disclosed the DA's home address.This wasn't a nasty divorce where very personal and embarrassing details about the sex lives and personal habits of the contestants find their way into the public record. Without doubt there are times when sealing a case is both appropriate and necessary.
(Sidebar)In the Brandenburg Bite case, it appears that the court had more options than to seal the entire case. Paperwork that included the DA's home address had already been sealed so the only real reason to seal the case would be to avoid public scrutiny.
You'll no doubt remember an infamous child custody case where the alleged sexual habits of a candidate for U.S. Senate were made public after the Chicago Tribune sued in California for the release of those sealed records. The improper release of those records resulted in Jack Ryan ex-husband of actress Jerri Ryan withdrawing from the race a mere 3 months before the election and Barrack Hussein Obama becoming the Junior Senator from Illinois.
(End Sidebar)
Folks, most of the time the cover-up is what gets you into trouble. Is it important that DA Brandenburg was engaged in a civil contest with her neighbor? Was it important that the licensing and vaccination of her dog had lapsed? Generally speaking... No. There probably isn't a pet owner anywhere that hasn't missed sending their fees in or been a little late getting to the vet.
The elephant (or donkey if you prefer) in the room here is that DA Brandenburg received special treatment that worked to her political benefit by sealing a case that would normally have been of little consequence or public interest. It's the cover-up stupid! But the action taken by the DA to seal this case gives an indication of the DA's integrity and her willingness to hide even the smallest of embarrassments from the public. It's the bite heard 'round the world - or at least around town.
----- Update -----
A number of posters have complained about our take on this particular case. Let's be clear here... We don't have a problem with maintaining a certain amount of informational security where law enforcement officials are concerned. In this case - a minor civil suit - the DA chose to ask the court to place the entire case under seal when all that was truly necessary was to place documents that revealed her home address under seal.
When an elected official (even one in law enforcement) decides to extend the privilege of secrecy beyond the point where it's absolutely necessary, their actions invite suspicion. After all, civil court is a public proceeding and therefore rightfully a part of the public record. There were alternatives here and the DA chose a path that would protect not only her physical person but her political self - the latter of which has no right to the court's protection.
Sep 21, 2008
Not Even Close
The question remains, if Brandenburg consistently loses by wide margins in these unscientific polls why isn't the local media picking up on the story? It's pretty apparent that a large number of Eye readers have law enforcement ties. It's more than a little concerning that the general public has no idea just how much the law enforcement community seems to dislike our current DA.
We have received word that DA Brandenburg has agreed to debate hosted by the UNM Law School October 23rd. Of course, the debate won't take place until early voters have been voting for more than two weeks. The debate timing looks to us like another move by the Brandenburg camp to protect the DA from what could be a poor performance.
UNM School of Law Bernalillo County DA Candidate’s DebateThis week we train our Eye Poll back on the 1st Congressional District. You know the race between form councilor Martin Heinrich and Sheriff Darren White. Don't forget to vote!
October 23, 2008, UNMSOL, Room 2402, 12:30 to 1:15
Sep 16, 2008
Prevent Defense
We'd argue that Democrats expecting another Democratic storm surge are playing their own version of the Prevent Defense. So far, two high profile candidates are busy trying to protect their lead or a perceived lead by preventing their candidates from appearing in televised debates with their opponents.
We told you about Kari Brandenburg backing out of a KNME channel 5 debate last week (read it here). Now, Congressional hopeful Martin Heinrich has joined the DA in the Democrat's undisclosed location.
Apparently, Heinrich has withdrawn from a KRQE/AARP debate that would have been televised on the CBS affiliate.
“After agreeing to the debate, and even after both campaigns agreed to change the date to appease Martin Heinrich’s ‘busy schedule,’ today Martin Heinrich surprised no one and declined the opportunity to debate Darren White on the important issues of the day,” White spokesman Stephen Schatz said. “Martin must have reconsidered after his abysmal performance at the other candidate debates and forums and awakened to the fact that his liberal politics are out of touch with the independent voters of the First District.”Like his fellow Democrat, Heinrich has a number of recently revealed questions to answer like why he never registered as a lobbyist when he was admittedly engaging in the practice and getting paid to do so. The former councilor's company Heinrich Consulting allegedly lobbied both state and federal agencies and in doing so broke state and federal lobbying laws by not registering.
Worst of all, it sure looks like Heinrich was a... LOBBYIST! That's a lot like a "community organizer" only he's getting paid by special interests to "organize" state and federal law makers and officials. You can bet that like a lot of other lobbyists, Heinrich's efforts weren't about saving your money.
Team Democrat doesn't want these types of uncomfortable questions being asked of their anointed candidates. As a result, they're sent to the bunker to hide out and wait for the anticipated Obama storm surge that they believe will flood the voters and carry their candidates along to victory.
As most football fans will tell you, Team D better be careful when they employ the Prevent Defense. A good portion of the time the Prevent Defense prevents a team from winning.
----- Update -----
We had hardly pressed publish on this post than we received a news release from the Republican Party of New Mexico that included a link to a statement from Martin Heinrich to the media that included the all important question of whether or not he was going to release his lobbying records (listen to it here). His answer was, well... not yes.
The former councilor talked about the White campaign "owing" $5,000 to the taxpayers for the President Bush fundraiser on White's behalf. And when pressed on releasing his lobbying records the councilor from an undisclosed location talked about his "work" with groups to "protect" the Ojito Wilderness. In political speak work equals lobbying and the answer itself means "hell no I'm not going to answer your question!"
More importantly this little media appearance was a pitiful attempt to change the subject. Presidential visits are expensive affairs and we taxpayers generally pick up the tab no matter who's in the White House. But that wasn't really the point of Heinrich's idiotic statement.
Heinrich's real objective was to use Bush and White in a sentence together in an attempt to remind voters that Darren White worked on the Bush campaign. Ok... guilty. Darren White is a Republican. Darren White worked on the Bush campaign. Done being surprised now?
We'd bet that Heinrich supported Clinton and he probably would have supported Jimmy Carter had he been old enough to do so.
Here's another reminder... For the past two years, Democrats have been in charge of Congress. We know that comes as a surprise to many, but the truth is that every one of the talking points that Democrats ran and won on two years ago - including immediate troop withdrawl from Iraq - have been virtually ignored by those same politicians.
Democrats have an obsession with President Bush that is only surpassed by their recently discovered meniacal hatred of Sarah Palin. They will attempt to run against him at every opportunity even though there's not a single ballot that he will appear on ever again. If they're not careful, it will be their undoing.
Sep 11, 2008
Playing Defense
Campaign managers will do everything in their power to keep an incumbent away from the public and the press because there's little chance of improving their situation and a huge potential for a fatal mistake.
District Attorney Kari Brandenburg finds herself in that exact situation. According to our Eyes, the incumbent DA is playing defense and has just recently canceled a scheduled debate with challenger Lisa Torraco. The debate was to be taped today at PBS affiliate KNME TV (channel 5).
Brandenburg's cancellation marks the second time the DA has backed out of a debate with challenger Torraco. The first time Brandenburg didn't even bother to call ahead she simply failed to show up.
Meanwhile, our Eyes tell us that the District Attorney is making the local small meeting circuit where she can talk to groups, look official, and never be challenged. According to our Eyes, DA Brandenburg loves to tout her plea-bargaining program where offenders are almost instantaneously offered a plea. The DA claims that some 60% of these plea offers are turned down, but that means 40% are accepted.
Brandenburg's rational is that by offering an early plea she is reducing the burden on an already overburdened court system - which may be true. But her primary function as DA is not to reduce the burden on the courts but to make sure that criminals are prosecuted for their crimes.
We have always maintained that jail time isn't about punishment or rehabilitation - it's about keeping criminals who would victimize the innocent out of society. Prison gives a kind of absolute protection for the rest of us. Qui Feng Chen found out the hard way what can happen if criminals are allowed to run loose.
In July, Ms. Chen was allegedly killed by Donte Power, who our Eyes tell us had been arrested May 19th for DWI and cocaine possession. We wonder whether a quick plea ultimately cost Ms. Chen her life.
What we're talking about here is judgment. A district attorney has a tremendous amount of discretion when it comes to prosecution. If a DA feels that there's not a strong case, then it will never see a grand jury. In our opinion, District Attorney Brandenburg has a number of questions to answer about cases that she either chose to prosecute or chose not to.
So you see, the DA has a number of questions to answer - questions that are most properly asked in public and during an election. However, Brandenburg has decided to play defense and avoid uncomfortable questions. Since Albuquerque's media doesn't seem particularly interested there's little chance that she'll be required to answer any of them.
I. Ms. Brandenburg pursued mentally retarded Robert Gonzalez for three years despite over 60 scientific tests that failed to link him to the crime scene and two APD officers disputing parts of Gonzalez' "confession" - a confession that was thrown out by the court. Ultimately, the CODIS system found a DNA match to Mexican national Israel Diaz and Gonzalez was released after serving 3 years in jail (Subscription).
II. In the Elton John Richard case, DA Brandenburg insisted on prosecuting a decorated Marine for attempting to detain Daniel Romero - a convicted felon - after Romero attempted to steal Richard's Bronco. Unfortunately, Romero died in the altercation when he attempted to attack Richard one too many times. Our first post on the story was called Choices. We maintained that Romero chose to attempt to steal Richard's, he chose to flee justice, he chose to attack Richard that last fatal time, and Brandenburg chose to prosecute Richard to the fullest extent of the law regardless of the circumstances.
III. Initially, the DA's office chose not to pursue charges against former officer Ben Kirby for his role in the Jason Daskalos DWI paddy wagon escape attempt. A year later, just after Kirby filed suit to get his job back the DA's office indicts the dismissed officer. No matter how you slice it Brandenburg did the City of Albuquerque a favor (and perhaps The Almighty Alcalde) by indicting Kirby (read it here). It's hard to sue to get your law enforcement job back when under indictment.
IV. DWI and Domestic violence charges are the only misdemeanor offences prosecuted by the DA's office. Our Eyes tell us that DWI cases - even aggravated DWI cases - are routinely dismissed because the DA's office fails to prosecute the offenders within the required 6 months.
V. The case of Dr. Michael Flax whose DWI arrest was plead down to careless driving even though he'd been involved in an accident and blown a .08/.07 after failing a field sobriety test. Dr. Flax it turns out was also Kari Brandenburg's doctor (read it here).