Did you know today was Veterans Day? Much to our chagrin we forgot. Perhaps that's what happens when federal holidays don't align themselves with Hallmark holidays. In any case, we received a link to the following thank you video that's posted on YouTube and produced by the NRSC.
If you have a moment today, thank a veteran for their service, their sacrifice, and their willingness to protect our freedoms - freedoms that all too many take for granted.
-----Update-----
Whew! Today is NOT Veterans Day - that would be Sunday the 11th! Since we've already screwed up twice today we'll just add a couple of days to the holiday. God knows that the veterans that have served and are serving this country deserve it.
Nov 9, 2007
Nov 8, 2007
More Toe Dipping
State Senator Joe Carraro has decided to join the Republicans Janice Arnold-Jones and Mark Boitano in the very shallow end of the First Congressional District pool by forming an exploratory committee. Currently, Sheriff Darren White is the only Republican to take the plunge and announce his candidacy for the seat being vacated by Congresswoman Heather Wilson.
Early polling has Sheriff White well ahead of his toe dipping Republican competition leading the closest (Carraro) by 55 percentage points among Rs. In all fairness, the poll was released by the White campaign; who probably wouldn't have released the poll if the numbers were not heavily in their favor. However, our Eyes tell us that Public Opinion Strategies has a very good reputation and generally manages to hit the mark within a point or so (read the poll here).
Look, the opportunity to run for an open seat doesn't come around very often and we understand why there are so many toe dippers circling the shallow end of the pool. Our problem is that we understand that Arnold-Jones is circulating both her state house petition and a U.S. House petition, and Carraro certainly isn't mentioning that he'll be giving up his state senate seat to run for Congress.
We don't believe that this is a time for trial balloons or testing the water. Either get in or get out; sink or swim. You can't have it both ways and be taken seriously even if there's a real danger of ending up in over your head.
-----Update-----
Representative Arnold-Jones contacted us today to let us know that she has not started circulating petitions for either office (State Rep. or Congress) and that she has only formed an exploratory committee. She writes that once she makes her decision, she will be running for only one of the two seats and for the very reason that we listed above.
Early polling has Sheriff White well ahead of his toe dipping Republican competition leading the closest (Carraro) by 55 percentage points among Rs. In all fairness, the poll was released by the White campaign; who probably wouldn't have released the poll if the numbers were not heavily in their favor. However, our Eyes tell us that Public Opinion Strategies has a very good reputation and generally manages to hit the mark within a point or so (read the poll here).
Look, the opportunity to run for an open seat doesn't come around very often and we understand why there are so many toe dippers circling the shallow end of the pool. Our problem is that we understand that Arnold-Jones is circulating both her state house petition and a U.S. House petition, and Carraro certainly isn't mentioning that he'll be giving up his state senate seat to run for Congress.
We don't believe that this is a time for trial balloons or testing the water. Either get in or get out; sink or swim. You can't have it both ways and be taken seriously even if there's a real danger of ending up in over your head.
-----Update-----
Representative Arnold-Jones contacted us today to let us know that she has not started circulating petitions for either office (State Rep. or Congress) and that she has only formed an exploratory committee. She writes that once she makes her decision, she will be running for only one of the two seats and for the very reason that we listed above.
Suspicions Continue
Last week we told you about APD officer Levi Chavez whose wife had apparently committed suicide after finding out that husband Levi was having an affair (read it here). KRQE News 13 reported a few days later that investigators told them that the case wasn't "clear-cut" and that they were taking an "extra look" (KRQE News 13).
Today we got word from our Eyes that the "extra look" has resulted in increasing suspicion that Mrs. Chavez's death was not caused by a self-inflicted gun shot wound. In addition, the Eyes have it that there are questions about officer Chavez's statement and his actions prior to and following the incident. Investigators are currently waiting (along with the 5th floor) for the results of forensic tests on evidence taken from the scene.
APD's top brass is said to be nervously awaiting information that could further shake the confidence in the leadership of a department that is already suffering from one too many black eyes.
Today we got word from our Eyes that the "extra look" has resulted in increasing suspicion that Mrs. Chavez's death was not caused by a self-inflicted gun shot wound. In addition, the Eyes have it that there are questions about officer Chavez's statement and his actions prior to and following the incident. Investigators are currently waiting (along with the 5th floor) for the results of forensic tests on evidence taken from the scene.
APD's top brass is said to be nervously awaiting information that could further shake the confidence in the leadership of a department that is already suffering from one too many black eyes.
Nov 7, 2007
Eye on the Grapevine: Marty for Congress?
We all know how the grapevine works - put something in one end and something totally different comes out the other. With that little acknowledgement out of the way here it is... the grapevine is abuzz with a rumor that the Almighty One of the 11th floor after announcing he's going to run for U.S. Senate, which was after "exploring" the idea of running for Governor, has decided instead to run for Congress.
Yeah, that was our reaction too. We couldn't believe that anyone would try to run for more than two different offices before either election and before his current term was over. Seems crazy no? This has got to be another goofy rumor cooked up by some crackpot prankster.
Then we started to think about it... Marty's Senate bid thus far can only be characterized as a disaster.
Needless to say the Marty for Senate folks already have a HUGE problem on their hands; the most obvious being Marty seems to be the candidate that even his own party doesn't want (read our take here). In our opinion, if any other well known Democrat decided to take on the Almighty Mayor the Ds would embrace them with something akin to a religious fervor.
So... What's an ambitious mayor to do? The answer and the thing that makes this rumor seem at least somewhat plausible, is to run for the House of Representatives. Right now, there are no top tier Ds running; the closest is City Councilor Martin Heinrich. The 1st Congressional District is dominated by Albuquerque; a city that has elected His Honor not once, not twice, but three times. And like the Senate, the House seat is being vacated and is therefore an "open seat" with only a Republican to beat (at least for now - Marty does seem to draw a crowd of Democratic opponents).
If the Almighty One does decide to jump ship again we see nothing but troubled waters ahead. Even though the prospect of facing only second tier Democrats may make the waters seem inviting, the very fact that his Senate bid has run into nothing but trouble with Ds coupled with the jump to yet a third prospective office won't do anything to help Marty's credibility (or fundraising efforts). He might even end up being considered a second or third tier candidate by the time the whole affair's over - especially if he loses in the primary to a single-term City Councilor.
Our advice to the Napoleon of the 11th floor (not that he'd listen to us) is to keep this rumor a rumor and if it's a trial balloon... pop it. For good or ill, the race for Senate is your last stop on this political merry-go-round and would certainly spell the end of your political future if you try to make the jump to the House race and fail.
Yeah, that was our reaction too. We couldn't believe that anyone would try to run for more than two different offices before either election and before his current term was over. Seems crazy no? This has got to be another goofy rumor cooked up by some crackpot prankster.
Then we started to think about it... Marty's Senate bid thus far can only be characterized as a disaster.
- His announcement at Eclipse Aviation is followed almost immediately by Eclipse's own announcement of layoffs (ABQ Journal - Subscription).
- Marty announces his finance committee members only to have two of them deny all or part of his the announcement (read it here).
- Marty attends Big Bill's presidential rally to collect signatures and hang out with progressive Ds, only to be dissed by His Largeness who introduces the first top tier Democrat candidate for U.S. Senate as the MAYOR of Albuquerque.
- Marty's attempt to woo progressive bloggers over the phone falls decidedly flat (read it here and here).
- Tom Udall starts teasing Democrats with a Senate run (ABQ Journal - Subscription).
- Big Bill tells donors to "keep their powder dry" (read it here).
- Progressives start a draft Udall campaign complete with a website.
Needless to say the Marty for Senate folks already have a HUGE problem on their hands; the most obvious being Marty seems to be the candidate that even his own party doesn't want (read our take here). In our opinion, if any other well known Democrat decided to take on the Almighty Mayor the Ds would embrace them with something akin to a religious fervor.
So... What's an ambitious mayor to do? The answer and the thing that makes this rumor seem at least somewhat plausible, is to run for the House of Representatives. Right now, there are no top tier Ds running; the closest is City Councilor Martin Heinrich. The 1st Congressional District is dominated by Albuquerque; a city that has elected His Honor not once, not twice, but three times. And like the Senate, the House seat is being vacated and is therefore an "open seat" with only a Republican to beat (at least for now - Marty does seem to draw a crowd of Democratic opponents).
If the Almighty One does decide to jump ship again we see nothing but troubled waters ahead. Even though the prospect of facing only second tier Democrats may make the waters seem inviting, the very fact that his Senate bid has run into nothing but trouble with Ds coupled with the jump to yet a third prospective office won't do anything to help Marty's credibility (or fundraising efforts). He might even end up being considered a second or third tier candidate by the time the whole affair's over - especially if he loses in the primary to a single-term City Councilor.
Our advice to the Napoleon of the 11th floor (not that he'd listen to us) is to keep this rumor a rumor and if it's a trial balloon... pop it. For good or ill, the race for Senate is your last stop on this political merry-go-round and would certainly spell the end of your political future if you try to make the jump to the House race and fail.
Nov 6, 2007
If You Can't Block'em - Track'em
Last month we told you about the city's attempt to block EyeOnAlbuquerque.com and MarioBurgos.com (read it here). Now our Eyes tell us that the city is taking another approach. Apparently, too much of the city's behind the scenes dirty laundry is showing up on our lovable little website in the form of anonymous posts. So, the city has decided to install tracking software that will allow them to determine who's posting what using city owned computers and gateways.
First of all, we don't see anything illegal about the city installing and using tracking software on computers owned by the city in order to track what employees are doing using city equipment and presumably on city time. In our opinion, it's really no different than placing tracking devices on city vehicles; it may be creepy and Orwellian, but not illegal.
However, (you knew this was coming) since the city is essentially recording the content being generated by their computers and subsequently being posted on EyeOnAlbuquerque.com, they are creating an electronic record of that employee's activities; that record would be no different than any other electronic correspondence.
Emails the most popular type of computer generated correspondence, are considered part of the public record and can be the target of a Freedom of Information Request. Therefore, if the city is recording data that indicates what Internet sites an employee is visiting and the comments being posted by that employee on a specific Internet site, those records should be public and subject to a FOIR.
We'd love to get our Eyes on where the boys on the 5th and 11th floors are spending their time and our money. But, we'd wager that those computers would be conveniently left off the list of computers to be tracked; similar to the recent email system "crash" that wiped out a number of emails shortly after Marty's Minions Barry Bitzer and Greg Payne got caught with their hand in the electronic cookie jar (Heath Haussamen - read it here). These yahoos ought to learn that getting rid of computer records is really not an easy thing to do and creating even more just to try and ferret out dissenters is probably an unwise course of action.
First of all, we don't see anything illegal about the city installing and using tracking software on computers owned by the city in order to track what employees are doing using city equipment and presumably on city time. In our opinion, it's really no different than placing tracking devices on city vehicles; it may be creepy and Orwellian, but not illegal.
However, (you knew this was coming) since the city is essentially recording the content being generated by their computers and subsequently being posted on EyeOnAlbuquerque.com, they are creating an electronic record of that employee's activities; that record would be no different than any other electronic correspondence.
Emails the most popular type of computer generated correspondence, are considered part of the public record and can be the target of a Freedom of Information Request. Therefore, if the city is recording data that indicates what Internet sites an employee is visiting and the comments being posted by that employee on a specific Internet site, those records should be public and subject to a FOIR.
We'd love to get our Eyes on where the boys on the 5th and 11th floors are spending their time and our money. But, we'd wager that those computers would be conveniently left off the list of computers to be tracked; similar to the recent email system "crash" that wiped out a number of emails shortly after Marty's Minions Barry Bitzer and Greg Payne got caught with their hand in the electronic cookie jar (Heath Haussamen - read it here). These yahoos ought to learn that getting rid of computer records is really not an easy thing to do and creating even more just to try and ferret out dissenters is probably an unwise course of action.
Nov 4, 2007
Eye Poll: White Washed
Sheriff Darren White cleaned up in this week's Eye Poll garnering 53% of the vote in a four person field consisting of 3 Democrats and just one Republican (White). Second in our unscientific poll was Councilor Martin Heinrich with 37%, followed by Michelle Grisham with 8%, and rounding out the field Jon Adams with 1% (view the results here).
It's not surprising that the popular White easily carried the poll. However, it was interesting to see Councilor Heinrich do so well against his Democratic opponents.
This week's Eye Poll delves into the morale over at APD. Last week wasn't exactly a good week for the fifth floor. Let's see... Albuquerque ends up the FBI's 2nd in the country for assaults on police officers, two arrest warrants were issued for APD K-9 officers in Arkansas, and a suspicious death investigation nets pot and an APD lateral officer. The response from the 5th floor brain trust - it's time to start testing for steroids. Huh?
In any case, if you spent much time here you've noticed that there are a lot of APD's finest commenting (often graphically) about issues relating to APD. This week we'd like to get your opinion of APD's morale. Don't forget to vote!
It's not surprising that the popular White easily carried the poll. However, it was interesting to see Councilor Heinrich do so well against his Democratic opponents.
This week's Eye Poll delves into the morale over at APD. Last week wasn't exactly a good week for the fifth floor. Let's see... Albuquerque ends up the FBI's 2nd in the country for assaults on police officers, two arrest warrants were issued for APD K-9 officers in Arkansas, and a suspicious death investigation nets pot and an APD lateral officer. The response from the 5th floor brain trust - it's time to start testing for steroids. Huh?
In any case, if you spent much time here you've noticed that there are a lot of APD's finest commenting (often graphically) about issues relating to APD. This week we'd like to get your opinion of APD's morale. Don't forget to vote!
Nov 1, 2007
The Judicial Zone
Consider if you will the story of a police officer who while patrolling on a typical Wednesday night is forced to suddenly swerve to avoid another vehicle entering the roadway from a popular local bar. The officer follows the company car thankful that no one was injured or killed and in light of the near accident decides that the best course of action would be to pull the vehicle over and determine the driver's status.
Initially, the driver fails to respond to emergency lights and eventually weaves his way east in the west bound lanes of an adjacent street before coming to a stop. The officer observes a strong odor of alcohol and administers a series of field sobriety tests that result in failure. The driver is arrested and tested using a breath alcohol analyzer scoring a .15 - nearly double the legal limit. The officer considers the driver and his passengers lucky to be alive; the driver most like considers himself unlucky to be caught. The driver's intoxicated passengers find their own way home.
The stage is set as everyone heads to court. The case is heard but only the defense is allowed to present their case. The driver and one passenger take a polygraph that indicates they're telling the truth when they claim that they never saw the police vehicle behind him. The passengers testify that they never saw or almost hit a police vehicle. The judge finds for the defendant because the driver and his passengers couldn't have possibly almost hit a police vehicle that they never saw.
Sounds like the Twilight Zone but unfortunately it's the Judicial Zone at Metrocourt right here in Albuquerque. The case is a real one, the Judge is Judge Victor Valdez, and the case number DW62407.
According to our Eyes Judge Valdez found for the defendant Scott Lawrence based on a polygraph that only confirmed Mr. Lawrence never saw the police vehicle he almost hit and the testimony of his passengers who were admittedly intoxicated at the time. Never mind the fact that Mr. Lawrence blew a .15 and by all legal standards was intoxicated at the time of his arrest.
Look we're not an attorney and we're certainly not a judge, but wouldn't the fact that the defendant and his passenger's testimony that they didn't observe the police vehicle even after almost hitting it support the officer's probable cause? It sounds to us like Judge Valdez used a theory similar to the judge in the movie Tombstone who dismissed a murder case on the theory that "you can't have a murder if you don't have a witness."
Our Eyes tell us that the DA's office has filed a motion for the judge to reconsider his decision in the case based at least partially on the fact that the state never got the opportunity to present its case. We're not experts in jurisprudence, but we're pretty sure that judicial theory includes the idea that both the defense and the prosecution are given the opportunity to present their case.
We understand that Linda Atkinson has heard about this case and is well... pretty MADD about it. Frankly, we're a bit miffed as well. The system may be boring and there's got to be a temptation to short circuit the process especially where friends are involved however, the judicial system can only function if the public has faith in its impartiality and its efficacy.
Unfortunately stories like this are more common than we'd like to believe, but because they affect only a very few people judges are rarely held accountable. According to our Eyes, Judge Valdez has aspirations to higher office specifically District Court. In our opinion, he's already in over his judicial head. It's also time that we keep a more careful Eye on Metrocourt and the judges whose everyday decisions all too often go unnoticed.
You can reach Judge Valdez by dialing 841-8263 or 841-8264. Perhaps it would do the judge some good to hear from someone residing outside of The Judicial Zone.
-----Update-----
All right, we got a little too creative in this post, for that we apologize. We shall now attempt to put the story in a nut shell.
According to our Eyes, Judge Valdez admitted evidence from a polygraph without the proper hearing. It seemd that the polygraph "evidence" was used to attack the probable cause used to justify the traffic stop. We assume the court's logic was that the officer couldn't have almost been hit by the defendant if the defendant and his passengers never saw the police vehicle. Consequently, the officer had no justification for pulling the defendant over in the first place. Since the stop lacked the necessary probable cause, the fact that the defendant blew a .15 and smelled of alcohol is irrelevant.
What is more troubling to us is that our Eyes tell us that Judge Valdez never allowed the state to present its case; which would make it somewhat difficult to convince a judge of it's validity. Who knows Mr. Lawrence may still have been found not guilty, but it's incumbent upon the judge to follow procedure and to hear the complete case.
Initially, the driver fails to respond to emergency lights and eventually weaves his way east in the west bound lanes of an adjacent street before coming to a stop. The officer observes a strong odor of alcohol and administers a series of field sobriety tests that result in failure. The driver is arrested and tested using a breath alcohol analyzer scoring a .15 - nearly double the legal limit. The officer considers the driver and his passengers lucky to be alive; the driver most like considers himself unlucky to be caught. The driver's intoxicated passengers find their own way home.
The stage is set as everyone heads to court. The case is heard but only the defense is allowed to present their case. The driver and one passenger take a polygraph that indicates they're telling the truth when they claim that they never saw the police vehicle behind him. The passengers testify that they never saw or almost hit a police vehicle. The judge finds for the defendant because the driver and his passengers couldn't have possibly almost hit a police vehicle that they never saw.
Sounds like the Twilight Zone but unfortunately it's the Judicial Zone at Metrocourt right here in Albuquerque. The case is a real one, the Judge is Judge Victor Valdez, and the case number DW62407.
According to our Eyes Judge Valdez found for the defendant Scott Lawrence based on a polygraph that only confirmed Mr. Lawrence never saw the police vehicle he almost hit and the testimony of his passengers who were admittedly intoxicated at the time. Never mind the fact that Mr. Lawrence blew a .15 and by all legal standards was intoxicated at the time of his arrest.
Look we're not an attorney and we're certainly not a judge, but wouldn't the fact that the defendant and his passenger's testimony that they didn't observe the police vehicle even after almost hitting it support the officer's probable cause? It sounds to us like Judge Valdez used a theory similar to the judge in the movie Tombstone who dismissed a murder case on the theory that "you can't have a murder if you don't have a witness."
Our Eyes tell us that the DA's office has filed a motion for the judge to reconsider his decision in the case based at least partially on the fact that the state never got the opportunity to present its case. We're not experts in jurisprudence, but we're pretty sure that judicial theory includes the idea that both the defense and the prosecution are given the opportunity to present their case.
We understand that Linda Atkinson has heard about this case and is well... pretty MADD about it. Frankly, we're a bit miffed as well. The system may be boring and there's got to be a temptation to short circuit the process especially where friends are involved however, the judicial system can only function if the public has faith in its impartiality and its efficacy.
Unfortunately stories like this are more common than we'd like to believe, but because they affect only a very few people judges are rarely held accountable. According to our Eyes, Judge Valdez has aspirations to higher office specifically District Court. In our opinion, he's already in over his judicial head. It's also time that we keep a more careful Eye on Metrocourt and the judges whose everyday decisions all too often go unnoticed.
You can reach Judge Valdez by dialing 841-8263 or 841-8264. Perhaps it would do the judge some good to hear from someone residing outside of The Judicial Zone.
-----Update-----
All right, we got a little too creative in this post, for that we apologize. We shall now attempt to put the story in a nut shell.
According to our Eyes, Judge Valdez admitted evidence from a polygraph without the proper hearing. It seemd that the polygraph "evidence" was used to attack the probable cause used to justify the traffic stop. We assume the court's logic was that the officer couldn't have almost been hit by the defendant if the defendant and his passengers never saw the police vehicle. Consequently, the officer had no justification for pulling the defendant over in the first place. Since the stop lacked the necessary probable cause, the fact that the defendant blew a .15 and smelled of alcohol is irrelevant.
What is more troubling to us is that our Eyes tell us that Judge Valdez never allowed the state to present its case; which would make it somewhat difficult to convince a judge of it's validity. Who knows Mr. Lawrence may still have been found not guilty, but it's incumbent upon the judge to follow procedure and to hear the complete case.
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