Dorothy and Toto Make Rare Appearance

Last Thursday, all three Albuquerque Mayoral candidates attended a non-confrontational forum hosted by the New Mexico Business Coalition. The NMBC is a non-profit organization that has a very Libertarian approach to government operations and is very pro-business. The NMBC is also run by former APD captain Larry Sontag. In a packed conference room at the Albuquerque Country Club, all three candidates, Heh, Dinelli, and Berry were asked the same series of questions concerning the current state of Albuquerque's affairs and how to get out of the mess we are currently in.

And let’s be clear about that, because the questions were specific in confirming Albuquerque is in a fiscal and institutional mess.

Having come from prevailing in the preliminary ethics complaint hearing against incumbent Berry (notice once again, little if any media coverage concerning that juicy tidbit), candidate Dinelli was quick and deliberate in his answers showing his confidence is well deserved in handling questions tossed his way.

Candidate Heh's approach was, while just as informed but less formal. This isn't surprising because he is not a politician. Heh is a veteran of the armed services and veteran police sergeant. He engaged the audience and reminded folks he is not a politician.

Incumbent Berry's approach was, well, bizarre. When asked about Chief Schultz and APD, Berry remarked he was "proud of Ray Schultz." That drew a collective gasp from the audience. When asked the same questions as the others, Berry provided answers to things not asked. In other words, he avoided the questions and remained noncommittal on the important topics covered. Interestingly, incumbent Berry hid amongst his handler Tito and stayed away from Mr. Heh and Mr. Dinelli.  Berry acted like a scared child out on the playground.  There was no threat to Berry other than being thrown out of office; besides Berry has plain clothed officers in the audience to “protect him.”  What a coward…

On Saturday, there was another candidate forum at Albuquerque's Center for Peace and Justice. While Mr. Dinelli and Mr. Heh were there to a packed hall taking questions from folks on the other end of the political spectrum than the folks at the NMBC, once again the two challengers stood out in their commitment to engage voters while Berry once again...hid.

Our Eyes tell us there is friction between the McCleskey special people known as Darren White and Susan Martinez and Berry's people. It seems, tossing Darren to the curb during his fiasco has left a bitter taste in certain people's mouths and Berry may be on the outside of the circle that put him in place as the mayor. But we'll see.

In the meantime, little attack dogs have arrived and are pestering candidate Heh on his Twitter page: www.twitter.com/pauljheh.  There is some very funny and woefully uninformed banter going on there. Some are accusing Mr. Heh of being a hardcore liberal, while others are accusing him of using fake Twitter accounts to defend himself.  One of Berry’s main attack dogs name is “politix…” this little lady is so backwards, she can’t even spell the word “politics" correctly.

If anybody knows anything about Paul Heh, it's that he goes to the fight himself and puts his name on the ticket. Whether it's at city council about misconduct by Darren White, the APOA about misconduct by then-president Joey Sigala, or ineptitude and corruption by Mayor Berry and Chief Schultz, we at the Eye have never seen Mr. Heh not personally and directly confront issues.

This will prove to be a monumental week for the city of Albuquerque and APD. Our Eyes are flooding us with emails about some major changes that have happened and will be happening....stay tuned.

Checks and Balances

Recently, APD's Chief Raymond Schultz was deposed in a case that ultimately cost the taxpayers over $1 Million in legal costs and damage awards to the plaintiffs. Among the more interesting comments Chief Schultz said in the deposition (and trust us....MORE is coming) is how APD has so many internal mechanisms in place to keep officer misconduct to a minimum. He seems to endorse the allegation that officers cover for officer involved misconduct and he has ways to address that issue.

Given the events that have transpired in APD since RJ Berry became Mayor, we thought these comments were a bit bizarre.

With a spike in shootings which only reflects intentional indifference to officer's use of force actions, with officers getting arrested on high profile charges on a monthly basis and thus displaying total lack of supervisory awareness, with department scandals involving management misconduct and open defiance of court orders (and criminal actions at worst), a failed recruiting program (17 new officers in two years), a commander/deputy chief promotional system built on discrimination, and open age discrimination policies still in effect, we at the Eye just have to point out the obvious: These so called systems are working very poorly. If at all.

We also are suspect of Schultz's true motivations. Given that he openly concedes officers cover each others misconduct, is his tenure as chief not subject to the same criticism given how he continually hides and conceals his own and other large scale incidents of misconduct? Read for yourself...

14 Q How do you, as Chief of Police for APD, try to
15 prevent your officers from covering for each other when
16 somebody commits misconduct?
17 A One is by having multiple checks and balances
18 in place within the organization, having, one, the
19 ability for officers to report other officers, utilizing
20 physical evidence to corroborate exactly what had
21 occurred during an individual incident, such as all
22 incidents involving use of force require the person to
23 be photographed, as well as the officer to be
24 photographed.
25 The use of belt tapes, the use of force forms,
1 the use of pursuit review forms, the use of an early
2 warning system, the ability for the public, as well as
3 officers, to go outside of the department to the office
4 of -- the Independent Review Office and have their case
5 investigated that way. And, of course, the legal
6 system.

We here at the Eye joke and make fun of Berry and Schultz because their misbehavior is very blatant and they don't care which is truly sad. All Joking aside; you as a voting citizen have a choice as to how your City will be run and by whom.  We hope you make the best decision for the betterment of Albuquerque.

Simple and Direct; Put all the Trash Out

The right thing to do never requires any subterfuge, it is always simple and direct.”
--Calvin Coolidge


This Thursday, April 5th, the APOA is holding a special general membership meeting to address urgent challenges facing the organization. In the last week, the APOA’s president and vice-president, Joey Sigala and Felipe Garcia, resigned their positions amidst a cloud of speculation of financial impropriety concerning union funds. Then as soon as Sergeants Greg Weber and Tom Henderson were installed as interim APOA president and vice-president, they threw the entire organization at the mercy of Chief Schultz and Mayor Berry by holding a press conference without board member approval, in the mayor’s press studio and confirmed a false allegation of “bounty” money.

We’d like to remind the faithful rank and file members of the APOA where these events stand in the context of a greater scheme of things.

In case you’ve forgotten, there is pending appellate level litigation concerning the collective contract against the city. This litigation is based upon an action against the city and the mayor for their breech of the contract and their bad faith negotiations to create a new contract. The department is unlawfully terminating officers faster and more frequently than ever in order to stay a federal investigation and consent decree. You have a deputy chief who was caught lying under oath and another deputy chief who breeched his own stated IA guidelines by protecting the lying deputy chief. You have department wide mission creep targeting “property crime” while turning a blind eye to the crime causing property crime. You have a city whose economy remains flat. You have a patrol officer bid list that is as low as it was almost ten years ago. You have senior officers leaving as soon as they are eligible to retire. And now you have APOA leaders that appear to have, at least mismanaged your money AND caved in to management.

While from almost every perspective it seems that APD and the members of the APOA are doomed for more failure and tragedy. Chief Schultz obviously cannot run the department. Mayor Berry obviously wants to get more out of you for less money but is otherwise indifferent to the calling one has to become a police officer. Schultz’s command staff and most lieutenants and sergeants are too cowed to speak against the herd or are simply part of it.

But for the rank and file, there is no better opportunity to come together as one. Bring sunlight on all of the issues and open up all the secrets. The only loyalty you have is too each other, the “leaders” of this city and department are terrified of the truth. Offer no quarter to the leaders of APD because they have failed you and will continue to fail you if you do not create change. If there has ever been an opportunity for you to take back your department and your union it is now. The dark side to all this is if you fail to seize this moment, the worst has yet to come. If you want to see change in APD, you are going to have to be the change you desire.

"Simple and direct," the time has come to Berry Schultz and all the trash he has been allowed to accumulate.

And the Truth will Berry Schultz

What is it with Mayor Berry and Chief Schultz that despite being the chief executives of the state’s largest city and the state’s largest police department, they always seem to come up short when pressed and questioned about significant events by the media?

This past week has been especially troublesome for both Berry and Schultz. Instead of working with city council to get the Paseo project underway, Mayor Berry felt it was more important to—once again—insert himself into APOA concerns. Whether you feel the support the police union gives to officers involved in shootings is “bounty” money or “therapy” money, for the Mayor to assert that the APOA needs to stop that practice is absurd. (If it weren’t for labor unions and labor oriented laws, Berry’s wife’s construction company wouldn’t get minority tracked contracts from the government.) Then complimenting that action is Chief Schultz stating he was unaware of the support the APOA offers its officers.

Remember this is the same Mayor Berry who claims to have not watched (or only part of) the video showing Officer’s Doyle and Woolever arrest a fleeing fighting felon while the rest of the country was watching repeats of it and wondering why a police department would discipline officers for NOT resorting to deadly force.

Remember this is the same Mayor Berry who stated he’d demote Commander Murray Conrad by taking away his area command for sustaining Doyle’s use of force if Conrad hadn’t already retired from APD, yet Cmdr. Conrad was very well employed by APD when he sustained the force.

Remember this is the same Mayor Berry who launched a campaign to reduce property crime without considering what exactly drives people to steal property in the first place—here’s a hint Mayor Berry, it’s not to play the video games they steal, it’s for drugs.

Remember this is the same Chief Schultz who modified the officer’s shift schedule from four ten-hour shifts to five eight-hour shifts expecting there to be a reduction in calls for service wait times and cost savings when in fact calls hold as long as ever and the department’s budget continues to explode.

Remember this is the same Chief Schultz that sat on the Levi Chavez debacle and did all he could to dissuade Valencia County law enforcement to pursue an investigation.

Remember this is the same Chief Schultz who’s fired many officers involved in seemingly high profile incidents only to find he was without cause to support the terminations. From Chavez and Comacho to Perea and Wilson, Schultz is losing hearing after hearing because they fail to follow established procedures. And when they lose, they fail to assign responsibility where it rests: poor legal representation or deputy chiefs who commit perjury.

Remember this is the same Chief Schultz that tossed the careers of two officers in favor of a recidivistic offender and member of the Aryan Brotherhood to appear as if he’s “tough” with his officers to thwart a DOJ probe.

Remember this is the same Chief Schultz that endorsed the actions which resulted in the defective complaint against a senior district court judge.

Remember this is the same Chief Schultz that has implemented more computerized report, evidence, and database systems yet routinely states he was unaware of developing situations.

And from what our Eyes tell us, much worse is coming.

The current administration of the city and APD routinely attack the truth while supporting lies. We think it’s time for that practice to come to an end. We just witnessed possibly the saddest day in the history of the APOA and from what our Eyes tell us, much worse is coming. Now is the time for change with APD as well.

Coming Home...

After a vocationally enforced hiatus (yes, we have a real job), we're back in the saddle or rather on the keyboard. There's a lot going on both nationally and locally. On the national scene Congress is trying to tax our energy and destroy our health care system. Locally, The Almighty's sanctuary city chickens have come home to roost.

Almost a year ago San Francisco Mayor Gavin Newsome was forced to rescind their sanctuary city policy after illegal alien Edwardo Ramos killed three innocent people (read about it here). Last Saturday, three illegal aliens stormed a Denny's and took something far more valuable than money... an innocent life.

You'd think that The Almighty Alcalde in the middle of an election year would immediately reverse course and correct his earlier mistake. If you did, you'd be wrong. Instead of admitting that the mayor had hamstrung his police officers through a misguided SOP, he's trying to shift the blame to the federal government.

Deborah James, spokeswoman for Mayor Martin Chavez, said blame in the Denny’s case lies with federal immigration authorities, who are supposed to check the immigration status of every person arrested and booked into the Metropolitan Detention Center, which is run by Bernalillo County. In the case of Ortiz, that apparently didn’t happen, she said.

“The mayor has asked them to have someone there on a more full-time basis,” James said. “We don’t have any authority over the jail. We make the arrest, but if immigration authorities aren’t following through, or if the courts let them go, we have no jurisdiction.”

- New Mexico Independent

The fact of the matter is that every person who has sworn an oath to protect the public and who wears a badge should be concerned about enforcing all of our laws. Jail officials are not on the front line... APD officers are.

Our Eyes behind the badge have always told us that they stop illegals on a daily basis. Marty and the 5th Floor have simply made it impossible for officers to use their discretion when they have a reasonable suspicion that the individual that they have come in contact with is in this country illegally.

Officers shall not inquire about or seek proof of a person's immigration status, unless the person is in custody or is a suspect in a criminal investigation for a nonimmigration criminal violation and the immigration status of the person or suspect is pertinent to the criminal investigation.

-ABQ Journal (Subscription)

The concept that a suspected illegal must be the subject of a nonimmigration investigation or violation, and have their status be pertinent to the criminal investigation is precisely what prohibited officers - who came into contact with two of the suspects (Meglar and Ortiz) when they were arrested for DWI - from contacting immigration authorities.

[Sidebar]
Have you noticed how hard it is to find The Almighty Alcalde these days? Whenever there's a crisis Marty simply disappears. He'll send his minions out to spin the facts and try to shift the blame, but he rarely makes his mayoral self available for questions. It doesn't matter whether it's thirteen bodies on the west side or a brutal murder at Denny's... he's nowhere to be found.
[End Sidebar]

We're not saying that APD's SOP is directly responsible for the murder of Stephanie Anderson. We're saying that the SOP removed an opportunity for APD officers to prevent an act of violence by making a simple phone call.

Yesterday, R. J. Berry held a news conference down at Civic Plaza to address his plans for APD's SOP with regard to illegal immigrants. As expected, Marty's minions were quick to play the fear-mongering race card.

A city of Albuquerque official said Wednesday that the allegations by the Republican Party of New Mexico are "appalling" and compared proposed Republican policy changes to "racial profiling."

- ABQ Journal (Subscription)

The truth is illegal immigration and racial profiling have nothing to do with one another. It makes little difference where an illegal comes from. What matters is that they came into this country illegally. An illegal immigrant's point of origin has nothing to do with it.

Since the Journal buried Berry's statement, we're gonna publish his full press release here.

Berry Will End “Sanctuary City” Policy in Albuquerque

Candidate for Mayor says police must be allowed to enforce all
the laws, will work to repeal driver’s license law

Albuquerque, NM – June 24, 2009 – Richard Berry vowed today that if he is elected Mayor, he will end the “Sanctuary City” policy put in place at the Albuquerque Police Department by Mayor Martin Chavez, and he will keep up the fight to end the state’s policy of giving New Mexico driver’s licenses to people who are in the United States illegally.

Berry says Chavez’s directive at APD prevents police officers from enforcing all the laws, and when used in combination with the state’s policy on drivers’ licenses, it severely hampers APD’s ability to keep our city safe.

“Our police officers are doing an incredible job fighting crime in this city considering they are being told by the Mayor to do it with one arm handcuffed behind their backs,” said Berry. “Politics has gotten in the way of the police department and it’s gotten in the way of common sense, and this must end.”

The Albuquerque Journal reported today that the men suspected of robbing a Westside Denny’s and murdering a female cook are not only in the United States illegally, but were once in the hands of local law enforcement, and then released.

"I want to be very clear that the people responsible for this latest tragedy are the three thugs who committed this horrible crime. Period. But as policy-makers, we must look at what common-sense steps we can take to help law enforcement get criminals like this off our streets," said Berry.

Berry empathized with law enforcement, saying he couldn’t imagine how frustrating it must be for an officer on the street to pick up someone on a violation, not have the authority and support to run them through the system, watch them go free because of politics and misguided policies, and then turn around one day to see that same criminal commit a heinous crime like this.

“It’s the combination of laws and policies that are failing our officers, and the people of Albuquerque,” said Berry. “As Mayor, I will do two things. I will end this policy at APD and I will work with the legislature and the new administration in Santa Fe to change the current state law on driver’s licenses.”

Berry, a two-term legislator, who voted this year in support of a statewide anti-profiling law, has opposed the state’s driver’s license policy since its inception.

“As Mayor, I will put in place an APD policy that will dovetail with the one that is currently in use by the Bernalillo County Sheriff’s Department, which will leave the discretion for law enforcement up to the officer on the street instead of the politicians at City Hall.”

Policy for the Bernalillo Sheriff Department reads, “Deputies shall not stop and question, detain, arrest or place an “immigration hold” on any persons not suspected of crimes, solely on the grounds that they may be deportable immigrants. When arrest is necessary for the violation of State Law or County Ordinance, deputies shall notify their Field Supervisor immediately if it is suspected that the person may be an undocumented immigrant. At that time, the Supervisor will begin the notification process.”

“I’m going to change this policy and then I’m going to stand behind my officers,” said Berry.

-BerryForMayor.com

It's amazing what one word can do. Deputies are prohibited from scooping up suspected illegals for being illegals, but they are not prohibited from contacting appropriate authorities when a suspect is in custody for any offense. More specifically, deputies are directed to notify their Field Supervisor "immediately if it is suspected that the person may be an undocumented [illegal] immigrant."

Policy decisions have consequences and bad decisions have a way of coming home. In this case, a few simple words may have prevented officers from taking two brutal murders off the street and there's only one person ultimately responsible.

Eye Poll: Berry

Our first post financing poll is complete and the results are conclusive. R.J. Berry is the favorite taking 44% of the vote. Mayor Chavez took the runner up position with 29% of the vote, Richard Romero received 21%, and just 6% didn't know (see the results here).

We've long suspected that Marty fatigue has begun to set in despite Joe Monahan's attempt to bolster the mayoral image by releasing an "insider" poll - no doubt fed to him by the Chavez camp - that he originally reported as being "over 40 percent." On Friday, Monahan conceded that the number was just 41% just barely over the magic number needed to stave off a runoff.

While the Chavez poll showed the mayor with enough to win, the election is still 6 months off and it has to concern the Chavez camp that the Almighty Alcalde isn't holding a more commanding lead. As the campaign develops it's most likely that Marty's numbers will slide as the other two campaigns take aim at the incumbent.

Adding to Marty's downward pressure is the specter of yet another pay-to-play scheme involving Bode Aviation. KOAT TV is reporting that Councilor Michael Cadigan has been interviewed by the FBI about the alleged attempt by the Chavez senatorial campaign to strong-arm Bode into providing free services for the campaign.

Like Marty's former in-law Many Aragon, the investigation is apparently the result of a pair of civil suits filed by Bode. In the end it may not matter whether or not the feds ever bring charges, the shadow of corruption could dim the mayor's public image to make him vulnerable to his challengers.

In the end, will Republicans and Independents leave Marty for Berry and will the two Democrats slug it out for the Ds? If they do, chances are good that October's result will look very similar to our Eye Poll.

----- Update -----
There have been a couple of comments/questions on how the Eye Poll works. First of all... relax. Internet polls are by definition unscientific and they are certainly subject to being "pushed." In fact, the Eye Poll has been the target of a mayoral get out the vote effort in the past (read it here).

The truth is that polls of this type are not very accurate, but can be useful for spotting trends. Can the Eye Poll be pushed? Sure. But it's fun to participate and fun to see the results.

The Race

A month ago we ran a poll on the early mayoral race. At the time both Councilors Debbie O'Malley and Michael Cadigan were still in the race. Frankly, we were surprised and amused by the councilors withdrawl from the race. Their campaigns were both ended prematurly by the very system that they both supported - a system that was sold to the electorate as a panacea for increasing candidate participation. Ironic isn't it?

In any case, our las Eye Poll ended with the Almighty Alcalde in the lead with 30% of participants prefering his honor. Both R.J. Berry and Michael Cadigan had 23%, Richard Romero 13%, Donna Rowe 6% and Debbie O'Malley 4% (guess that explains her early exit from the race - view the results here).

This week we'll take a look at the mayor's race as it stands today with just three major candidates remaining. Note here that Albuquerque's first mayoral election under public financing has resulted in fewer candidates than there were just for year ago. So much for making the race more competitive. Don't forget to vote!

Fear and Division

Fear... it's nothing new in political campaigns. Last year we saw a bumper crop of candidates using fear as a weapon against their opponents. Sometimes those fears are justified. Other times fears are completely manufactured.

One of the easiest ways to scare one group is to identify an opposing candidate with another group. It's part of defining your opponent. This one's a conservative, a Republican, a developer. That one's a liberal, a Democrat, an environmentalist. The idea is to scare people into voting against someone simply because they're not like the group they identify with. One of the easiest ways to create these divides is to interject race into the discussion.

Of course, no one will admit to using race in a campaign - that would be repugnant, reprehensible, and something only the other campaign would do. But if you can get a surrogate to make race a topic of discussion...

Developer Rob Dickson could be the long-shot to watch.. Although liberal-leaning, as an Anglo candidate Dickson could help Chavez by peeling some NE Heights votes away from Berry.

-joemonahan.com

City Hall watchers are now framing the race this way: Chavez is positioned to get 40% of the vote and avoid a run-off election. However, they see the fly in the ointment as Rep. Berry, but do not see him as the strongest Chavez challenger. They see Berry in the role of spoiler, peeling conservative and Republican votes away from Chavez and boosting Romero, giving him a chance to hold Marty below the magic 40% and forcing a run-off election.

Naturally, the Berry camp and the R's disagree with that analysis saying Berry can consolidate conservative and Anglo votes and force the run-off between him and Chavez, leaving Romero in the dust.

-joemonahan.com

Don't believe for a moment that Monahan's racial mentions are an accident. The Democrat blogger could have easily identified the Northeast Heights as conservative or leaning Republican - which would be more accurate - rather than making his description based on race. Further, the implication is the R's injected race into the discussion.

We're not saying that Monahan is being racist. That accusation is being thrown around far too frequently and in our experience it's generally thrown around most often by those who harbor racist views themselves. What we're asserting is that Monahan is using race to support an analysis that is fundamentally flawed and perhaps wishful thinking.

What terrifies Democrats like Monahan is that two strong Democrats facing a single strong Republican will deny the mayor access to the very voters who are responsible for his past victories. If you'll remember, Marty ran his previous campaigns as a business oriented Democrat - a moniker that he has since tried to lose by courting the far left through his "green" initiatives.

Do the math. Even if Democrats manage to garner 60% of the overall vote the odds are pretty good that neither one of the two will reach the magic 40%. Unless of course there's some kind of wild card introduced into the campaign - something to polarize voters and set one group against another.

The Chavez administration has become increasingly overbearing and vindictive. Romero has aligned himself with one of the most liberal activists in the state, Eli Lee. With the growing crime rates, budget deficits, and out of control spending that both candidates are associated with, Berry should easily be able to make a convincing case to conservatives and Blue Dog Democrats that he is the man for the big chair on the 11th floor.

In the meantime look for the two "major" Democrats to attempt to create divisive wildcards that have nothing to do with major issues like red light scam-eras, term limits, crime, and out of control spending. Wildcards that are designed for one purpose and one purpose only... fear.

Now There is One

With five Democrats - four announced and one unannounced - running for Albuquerque's mayor, the large field was decidedly missing a Republican. Our Eyes tell us that now there is one - State Representative R. J. Berry.

The Eyes have it that the two term Republican Representative is set to announce his candidacy on 770 KKOB's Jim Villanucci Show later today. So far, it's an attractive field for a strong Republican candidate that already features a shotgun start of Democrats. We assume that the D field will be reduced by at least one (Rowe) and perhaps two (O'Malley or Cadigan). Rowe will have a hard time qualifying for public financing and the two Councilors while better known are generally targeting constituencies dominated by the two better known Democrat contenders.

If Berry remains the only Republican in the race and runs an aggressive campaign based on lower taxes, economic development, and a smaller city hall he could easily capture the 40% necessary to win the race without facing a runoff. The numbers are in his favor as long as there are 3 or more Democrats vying for the office.

The two candidates that are most likely to be hurt by Berry's inclusion in the non-partisan field are Councilor Cadigan and the Almighty Alcalde himself. Marty has always run as a conservative Democrat that appeals to the Republicans of the Northeast Heights. So far, Cadigan is duplicating the Alcalde's tactic hoping to take the middle away from the current occupant of the 11th floor.

Romero, O'Malley, and Rowe appeal to farther left constituencies and shouldn't be hurt by a Berry candidacy, but might do a great deal of damage to each other should the three remain in the race. It looks like the game's afoot and perhaps we finally have all of the party's represented.