Democracy for New Mexico

NM Sen. Mary Jane Garcia Denies Susana Martinez's Role in So-Called 'Baby Brianna' Child Abuse Legislation

Susana Martinez's "Baby Brianna" ad

New Mexico State Senator Mary Jane Garcia (D-Doña Ana-36) issued a press release late this afternoon dedicated to what she calls "setting the record straight" about GOP gubernatorial candidate Susana Martinez's claim of responsibility for passage of legislation Martinez has been calling the "Baby Briana Act." Martinez has been making claims in a political ad that has been airing frequently over the past several weeks about her intimate, three-year involvement with a bill enacted in 2005 that provides for a life sentence for deadly child abusers (see above).

Senator Mary Jane Garcia was, in fact, the sponsor of a bill (SB 166), entitled "Life Sentences for Deadly Child Abuse," that was passed by the New Mexico Legislature and signed into law in 2005. In today's statement, Sen. Garcia states unreservedly that the only real involvement she believes Martinez had in the entire three-year process was her attendance at "a house committee and senate committee as SB 166 was debated" in 2005, the year it finally passed. Sen. Garcia also makes it clear that the bill in question was never called the "Baby Brianna Act" because her legislation was meant to protect all of New Mexico's children.

Sen. Garcia's statement closes with this request directed at Susana Martinez:

I encourage Susana Martinez to stop misrepresenting her role in SB 166 and stop exploiting the murder of Briana Lopez in her campaign. Please let that little angel rest in peace.

Below in text and here in PDF format is the entire statement released by Sen. Mary Jane Garcia about Susana Martinez's claims about her involvement in the legislation. It's powerful, and certainly damning in terms of Martinez's lack of honesty, ethics and sensitivity in trying to use this matter to gain political points -- especially coming from the bill's sponsor. 

August 26, 2010, Senator Mary Jane Garcia Press Release:

I want to set the record straight.

After the 2002 murder of Briana Lopez, an infant from Las Cruces, I set out on a mission to pass a law that would protect New Mexico children from criminal child abuse. I worked diligently for three years, bringing people together, negotiating, and listening, to different stakeholders with the goal of passing legislation that would be acceptable to the majority of my colleagues. An early attempt failed to pass. During the three year period I was moving forward with legislation, I was never contacted by Susana Martinez with input.

During the past month I have been contacted by numerous people asking me to comment on Martinez’s political statements that claim credit for the “Baby Briana Act.” There is no such law titled the “Baby Briana Act.”

The law, to which Martinez is referring, is SB 166 which I sponsored in the 2005 regular legislative session. It was signed into law by Governor Richardson. The title of the signed legislation, SB 166, is “Life Sentences for Deadly Child Abuse.” The name of Briana Lopez or baby Briana Act does not exist in the statute. It was never my intention to put the name of any child on the bill because it was done for all children in New Mexico.

In 2005, during the debate of SB 166, there were countless advocates from around the state that supported the legislation and testified during the committee hearings in Santa Fe. Martinez claims she had worked for three years on the legislation; however, it was only in 2005 (the year the bill was passed) that I remember her in Santa Fe, merely observing in a house committee and senate committee as SB 166 was debated.

In my opinion, campaign advertisements should not depict the gruesome details of the murder of a child in order to score political points and get votes. There are a myriad of issues that voters are anxious to hear about from both gubernatorial candidates. The public wants answers—straight answers—not political rhetoric and sound bites.

I encourage Susana Martinez to stop misrepresenting her role in SB 166 and stop exploiting the murder of Briana Lopez in her campaign. Please let that little angel rest in peace.

Respectfully,
Mary Jane Garcia

State Senator Tim Keller Champions 8/3 National Night Out and Community Policing

From Senator Tim Keller:
August 3rd, National Night Out, has a rich history in New Mexico’s International District. Multiple neighborhood associations will be holding block parties or events where neighbors can come together for safer and healthier communities. The International District’s modern history includes large-scale community policing efforts driven by community members who decided to proactively help police make our community safer. Today many areas in our district are continue to improved in no small part because of these community policing efforts.

National Night Out has been a symbolic show of community unity in the face of crime. It has provided meaningful working session for leaders to organize citizen policing efforts with law enforcement. 

As the economy continues on shaky ground, crime will be an ongoing challenge. Knowing your neighbors and your law enforcement officers has proven time and time again to be a very effective crime fighting weapon. I hope others can join the many celebrations in our community this Tuesday.

I will be joining Albuquerque’s International District to host the following events:

• La Mesa: A potluck starting at 6:00 PM on August 3 at Mesa Verde Community Center.
• South San Pedro and Elder Homestead: August 3, 6:30 PM to 9:00 PM, at Wilson Park, Anderson and San Pedro SE, with live music, car and bike show and good food!
• East Central/Manzano Mesa Area: Albuquerque's finest will host the community on August 4 starting at 6:00 PM in a celebration with food and festivities at 12800 Lomas NE; more info at (505) 332-5240.
• Trumbull Village: Will have a celebration in late Sept or October.
• Others: contact your local Home Owners Association or Neighborhood Association.

Further details can be found at here.

National Night Out is a community-police partnership held the first Tuesday of every August since 1984 sponsored by the National Association of Town Watch in the United States and Canada. It aims to increase awareness about police programs in communities, such as drug prevention, town watch and other anti-crime efforts. Initially communities held lights-on vigils. Now, many communities hold block parties, festivals and other events to help bring neighbors together.

Democratic State Senator Tim Keller represents District 17 in Albuquerque, which includes the

8/2: Join Telephone Town Hall with Rep. Harry Teague on Crime and Public Safety

Congressman Teague listens as Jayann Sepich speaks at briefing on Katie's Law in Washington, DC

From the office of Rep. Harry Teague:
This Monday, August 2nd, from 6:15 to 7:15 PM, Congressman Harry Teague (NM-02) will host a Telephone Town Hall for people across southern New Mexico to discuss efforts to keep New Mexican families and communities safe. Teague will also give constituents an update on his national Katie’s Law legislation. The event will give constituents across the district the opportunity to ask questions and share with Congressman Teague their concerns about crime prevention and public safety in New Mexico. Teague will be joined on the call by federal and local law officials, as well as Jayann Sepich, the mother of Katie Sepich and a champion of the legislation.

Harry Teague encourages any of his constituents who are interested in joining the Telephone Town Hall to contact his office at 1-888-9-TEAGUE to get details on how to participate.

The Katie Sepich Enhanced DNA Collection Act (H.R. 4614) is a bipartisan bill that encourages states to use forensic DNA as a means of solving and preventing violent crimes. Specifically, it promotes the practice of collecting DNA samples from suspects of certain felony crimes upon their arrest, at the same time their fingerprints are taken. The bill was introduced in February of this year, and passed the House with overwhelming support on May 18.

Katie’s Law is named for Katie Sepich, from Carlsbad, New Mexico. Katie was 22 years old when she was brutally raped and murdered in Las Cruces, New Mexico. If New Mexico had at that time required a DNA sample to be taken upon arrest, Katie’s killer would have been caught three months after the murder when the murderer was arrested for another predatory crime. Instead, the killer was released back onto the streets, and it was three long years before he was finally apprehended again and linked to Katie’s murder. Congressman Teague worked with Katie’s parents, Jayann and David Sepich of Carlsbad, to develop the law.

Monday, August 2nd

WHO: Congressman Harry Teague

WHAT: Telephone Town Hall on Keeping New Mexican Communities Safe - An opportunity to share ideas, ask questions of Congressman Harry Teague about his national Katie’s Law legislation

WHEN: 6:15-7:15 PM MDT

Bingaman and Udall Report $3.5M for NM Safety and Justice Initiatives in Appropriations Bill

U.S. Senators Jeff Bingaman and Tom Udall today released a statement applauding a spending bill working its way through the Senate that contains $3.5 million for New Mexico projects to support at-risk youth, reduce recidivism and cut crime across the state. The Senate’s version of the fiscal year 2011 Commerce, Justice and Science bill has cleared the Senate Appropriations Committee and is now ready for full Senate consideration.

Click for a listing (pdf) of New Mexico funding items contained in the Commerce, Justice and Science appropriations bill.

The measure contains more than $1.1 million in funding for projects requested by the senators to assist at-risk youth across New Mexico, including $200,000 for Big Brothers Big Sisters to expand mentoring services to low-income, rural, Hispanic and Native youth statewide, and $500,000 for early intervention services for at-risk youth through the New Mexico Juvenile Justice Continuum.

“This spending bill invests in New Mexico’s youth and supports important law enforcement initiatives throughout the state. We will work to ensure this funding will remain in place as this bill continues to work its way through Congress,” Bingaman said in a written statement.

“If we can steer at-risk New Mexico youth toward a positive path, we open doors to opportunity that will allow them to reach for their dreams,” Udall said in commenting on the legislation. “These programs give at-risk teens and young adults help when they need it most.”

The bill also would fund completion of the third phase of the Doña Ana County Simulcast Radio Initiative, which will coordinate and improve the responses of multiple agencies responsible for emergency services.

NM Rep. Moe Maestas, House Candidate Joel Davis Speak Out For Innovative Approach to Budget Challenges

State Rep. Moe Maestas, D-House District 16 (right), and Democratic candidate for Representative in House District 44, Joel Davis, held a joint press conference yesterday afternoon at the Metropolitan Courthouse in downtown Albuquerque. They discussed the fiscal problems facing the State of New Mexico -- and how innovative thinking and collaboration can produce effective solutions.

First off, Davis (left) pointed out that, “most of the fiscal problems are related to the downturn in the local and national economies." In other words, New Mexico is suffering from the same kind of budget shortfalls being encountered in virtually every state in the union. The solution? Thinking out of the box on ways we can more effectively utilize the funds we have.

Treatment vs. Incarceration
Maestas and Davis explained how an important piece of legislation, which passed the New Mexico House this past February by a margin of 34-31, could help do just that. Unfortunately, HB 178, sponsored by Rep. Maestas and known as the Substance Abuse & Crime Prevention Act, never got a vote in the Senate as time ran out on the session.

That's sad, because passage of the legislation could result in significant budget savings -- money that could be used to support other critical law enforcement functions that are now suffering from damaging funding gaps. The legislation would provide nonviolent drug offenders with an opportunity to receive treatment rather than incarceration -- avoiding the high costs associated with jail and prison time. Rep. Maestas says he'll reintroduce the bill in the 2010 legislative session.

“This bill, if enacted, would free up approximately $20 million that could more effectively be allocated for prosecutors who already have scarce resources to combat violent crime,” Rep. Maestas said.

Just the Facts, Ma'am
Here are some eye-opening facts on this issue cited by Maestas and Davis:

• Non-violent offenders make up more than 60% of the prison and jail population. Non-violent drug offenders make up about 25% of all offenders behind bars.
• While the overall population of the United States increased by 33% since 1980, the prison population has increased by more than 350%.
• The average annual cost to incarcerate an individual in New Mexico State prisons is $30,000/per year; the average cost in a New Mexico detention facility is $20,440.
• The average annual cost of substance abuse treatment in New Mexico is $1,295 per person.

Why Davis Supports the Bill
Davis said he supported the treatment option legislation before he was a candidate for the House because of its potential to save the state money. Now, one of the primary focuses of his campaign is on coming up with better ways to spend state dollars and more equitable ways to distribute the burden of taxes.

“As Moe stated, we need to look at more innovative ways to solve our problems with shrinking revenue and the need to better serve our citizens. The Substance Abuse & Crime Prevention Act is one of those measures.”

A Personal Perspective and Lessons Learned
Davis explained that he also has a personal perspective on the issue.

“I was an assistant DA in Sandoval County. I understand the need to be tough on violent crime. I also understand that part of correcting bad behavior is to offer hope for a more productive life if you get your act together. And that is not something I just read in a book or heard someone say -- I know it from personal experience," he said.

“When I was a young man, a young Marine," Davis continued, "I saw all the hard work and pride I put into my first three and a half years of service to my country go down the drain because I experimented with marijuana -- and shortly after that I got a DWI. But because of my family and the values I was taught, I realized that if I owned up to my mistakes -- made no excuses and took my medicine -- I could get my life back on track."

“That was almost fifteen years ago," Davis explained. "I went back to college. I studied hard. And then I applied to Law School. Studied hard again for three years and then took the Bar -- and I passed. I got on with my life because some people cared and helped direct me. It was tough, but it paid off."

“I have never forgotten those lessons, Davis said. "And I think more people today need to know that there is always a solution to problems ... there is always a way to correct bad behavior ... correct mistakes."

According to Davis, "Rep. Maestas' bill is one way we can help some people start down the road to recovery and becoming active, responsible members of their community. And what is also encouraging is that we can save money at the same time ... despite what the obstructionists and naysayers would have you believe."

“It is easy to say NO to everything ... it doesn‟t require any work or any serious thought. But some of us feel it is about time legislators start coming up with answers and solutions, not just excuses and slogans," Davis said.

Creating An Ongoing Opportunity for Brainstorming
Maestas and Davis want to begin a discussion now on potential ways to address the shrinking resources in state government -- including trying to reapportion some resources, save on others and provide equitable new sources of income for necessary state services. The two Dems said yesterday's press conference was the first in what they hope will be a series of press conferences and meetings held over the next few months. 

Joel and Moe are offering an open invitation to participate to those who are already serving in the state legislature and those running for the House. They stressed the importance of bringing ideas to the table now -- rather than waiting until January when everyone's backs will once again be against the wall.

The idea is to provide an opportunity for lawmakers and House candidates to offer ideas to be batted about, debated and amended. It's all about making an effort at being positive and proactive in trying to solve our problems -- instead of just copping out, throwing up our hands and complaining.

My Take
I gave Rep. Maestas major props for having the courage and smarts to introduce an excellent treatment option bill at this year's session -- and for having the fortitude to push on and get it passed by the House. Now we know that if we make sure Moe gets reelected in District 16, and we work hard to help Joel Davis grab the seat in District 44 from Republican Jane Powdrell-Culbert, the legislation will come up again with an even better chance of passing. And that's just the start of what could be one of the most important and ground-breaking legislative sessions in many years -- IF we hang onto power and capture even more seats.

I think we can all agree that we need more legislators like these two Dems -- who are willing to fight for the people and speak out on innovative ways to address the many challenges we face. The same old, same old just isn't a viable option anymore. But if we want "more and better Dems," as the saying goes, we have to support the candidates who are willing to step up to the plate and advocate for fresh, effective and inherently Democratic approaches to governing. We can start by volunteering and/or donating some bucks to the campaigns of Moe and Joel. Time's a'wasting.

Latest Info on Emcore Shootings in Albuquerque

Also see my previous posts on this here and here.

Here's the latest AP story, with photos. According a report on KRQE covering tonight's 7:00 PM news conference with law enforcement officials and Albuquerque Mayor Richard J. Berry:

... Albuquerque Police Department Chief Ray Schultz said Reza knew his ex-girlfriend's routine and met her on the Emcore campus shortly before 9:30 AM. He shot her and another person outside the building killing the other person, Schultz said.

The woman, whose name has not been released, is in critical condition at University of New Mexico Hospital, he added.

Police were on the scene and entering the building within minutes of the first 911 call, which apparently drove Reza into an interior room where he shot himself to death, Schultz said. By then he had shot and killed a second person and wounded three others.

At the request of the families none of the victim's names will be released until sometime Tuesday, Schultz said.

Heroic actions on the part of employees may have saved lives:

During the shooting Emcore employees and delivery people fled the area, some of them taking refuge at Kirtland Air Force base next to the Emcore campus. Other employees helped shepherd colleagues into rooms while some aided the wounded.

"One thing here during the firing is a lot of heroic actions by employees of the building helping wounded employees, helping employees get to safe locations with the building," Schultz said.

Reza acted alone and was separated from the girlfriend he shot, with whom he once lived:

Investigators talking to witnesses and reviewing surveillance video quickly confirmed Reza was acting alone. He was armed with a handgun and reloaded at least once while firing more than 20 shots, Schultz said.

Reza apparently had been living in Albuquerque after separating from the girlfriend with whom he had two children. The children were found safe at a resident in Rio Rancho.

Ongoing domestic violence has been reported:

Police were waiting on a search warrant before entering his Albuquerque home and were beginning to interview people who knew the couple and might be able to outline the events of the last two weeks.

Schultz said the ex-girlfriend had told friends there was an ongoing domestic-violence situation she was planning to report to law enforcement. The also were issues over the custody of the children, he added.

(Updated) Albuquerque Police Revise Dead from 6 to 3 in Emcore Shooting, Including Gunman, With 4 Wounded

Update: KOAT-7 has published a photo of Robert Reza, who has been identified as the gunman who fired the shots at Emcore and then shot and killed himself. The company will reportedly be closed for at least the next 3 days. According to KOB, the four people wounded are expected to survive. "Two women and a man are in stable condition tonight at UNM Hospital. Officials report the three have been awake and responsive. A fourth person, another female, is in guarded condition and is being watched after surgery."
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I posted earlier that ten people had been shot by a 37-year-old male who, until about a year ago, was an employee at Emcore in Albuquerque -- with six fatalities, including the gunman. Later this afternoon those numbers were revised by the Albuquerque Police Department to a total of three dead, including the shooter, and four more wounded. The gunman shot and killed himself after shooting the other victims on the premises of Emcore, located on Eubank at Gibson. The company manufactures fiber optics.

KOB News is reporting that:

Earlier Monday, Police Chief Ray Schultz said there were six dead. He explained at a news conference later that responding officers had seen people down and believed they were dead then continued into the building to search for the gunman. Another discrepancy was due to miscommunication at University of New Mexico Hospital where one victim died but it was reported as two deaths.

Click to see KOB's raw video of this afternoon's press conference with APD Police Chief Ray Schultz discussing the change in the numbers. Another APD press conference is scheduled for 7:00 PM tonight.

According to APD, it's been determined that the killings were related to a workplace domestic violence incident. A woman who was shot was the live-in partner of the shooter. Chief Schultz said that he believes the gunman was looking for someone else after shooting his girlfriend.

According to a Tweet by KOB's Gadi Schwartz (@GadiRoget) about an hour ago, "Police say co-workers told them #EMCORE gunmans girlfriend had talked about feeling unsafe and was planning on filing a DV report." Another Tweet by Schwartz two hours ago said, "2 shootings happened outside 1 happened inside #emcore building. shooter used handgun."

APD originally arrived on the scene at Emcore about 9:30 AM this morning.

(Updates x 2) Tragedy in Albuquerque: 10 Shot, 6 Dead at Emcore Including Gunman

Update 2: APD revised numbers of those killed and wounded to 3 dead (including gunman) and 4 more wounded. See my later post.
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Update 1: CBS New now has a story with some photos of law enforcement response to the incident. Also see a KRQE video report and timeline. KOAT News is updating the story here.
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According to a report on MSNBC:

A gunman opened fire at a solar and fiber optics manufacturer on Monday, killing five people and wounding four others before killing himself in a domestic violence dispute, police said.

The shooting at Emcore Corp. appeared to involve the gunman's ex-wife or girlfriend, who was among the dead, police Chief Ray Schultz said. He said the gunman was a former employee.

The 37-year-old male had at least one prior run-in involving domestic violence, Schultz said.

KOB.com has posted raw video of Chief Ray Schultz's press conference.

I first saw the breaking story on Twitter where Gadi Schwartz of Eyewitness News 4 has been updating it frequently as more information is available. Follow him and others Tweeting about this horrendous crime via hashmark #emcore or @GadiRoget @SandiaLabs @KOB4 @beyond90seconds @jolinegkg @skyhawk133 @Kayla_Anderson @antoinetteA.

Raj Shah, Spokesperson for Susana Martinez Campaign, Arrested for Aggravated DWI

Embarrassing news for the GOP gubernatorial campaign of Susana Martinez this weekend. According to a report on the Albuquerque Journal website yesterday, Raj Shah, a spokesperson for Martinez's campaign, was arrested early Sunday morning in Albuquerque on a charge of aggravated DWI. The 25-year-old Shah, who was driving a silver BMW, was stopped by the State Police near the intersection of San Mateo and Osuna, and arrested soon afterwards. As of this morning, Shah was still in the Metropolitan Detention Center being held on a $5,000 bond.

According to Martinez's campaign manager, Ryan Cangiolosi, Shah was terminated from his job as communications director for Martinez on Sunday afternoon. Shah had arrived in New Mexico about a week ago to work on the campaign. Previously he worked for a Republican Senate candidate in Connecticut and for the Republican National Committee in Washington.

Susana Martinez Ad: More Pseudo-Cops Revealed

In a post yesterday, I discussed problems with the credibility of the latest ad (above) of GOP gubernatorial candidate Susana Martinez -- which is called "Police Stand with Susana." I pointed out that her latest TV spot features Darren White in a Bernalillo County Sheriff's Department vest -- even though he's no longer a sheriff -- as well as Bob Martinez, who was fired as Executive Director of the State Parole Board because he didn't inform victims that a sex-offender priest was being paroled. Neither one of these guys can be considered to be "police," despite the title of the ad.

Now I've learned that other people in the ad who are presented as if they are active law enforcement officials vouching for Martinez's "tough on crime" virtues aren't exactly kosher either.

If you carefully view Martinez's ad, you'll see Paul Pacheco in an APD jacket in the center at the back. Oops. Although Pacheco was once an APD officer, he's now retired and, in fact, lost the Republican primary for a New Mexico House seat this year in District 43. So you could say Pacheco is wearing a costume, just like Darren White -- posing as a law enforcement office when he no longer holds the job.

Now check out the right-hand side of the screen and you'll see two Bernalillo County Sheriff's Office Reserve Deputies. Neither one of the them has arrest powers unless they're acting under the supervision of a full-time salaried officer. Both of them are wearing outfits with logos and insignia, but they're actually civilian volunteers who can only perform limited duties that minimally assist real law enforcement officers or the Sheriff's Department. In other words, they're not exactly genuine active duty police officers.

In the front of the pack you can see Dana Kouri, a good friend of Darren White's who serves as the Executive Director of the Police Athletic League -- not a role that considered to constitute the job of a  regular, active law enforcement officer on the street. In the back you can see Wayne Santos, who owns a private security business. Clearly, he's not really a police officer either.

Arguably, none of these folks should be wearing anything that identifies them as a member of a public law enforcement agency in a political ad. At the very least, this probably violates the policies of both the Albuquerque Police Department and the Bernalillo County Sheriff's Office. In the case of Darren White, if he doesn't have a law enforcement commission now -- as a civilian director -- can his vest mean he's impersonating an officer? You might say there's a whole lot of feigning going on. 

No matter, at least to the Susana Martinez campaign. Obviously she's content with an ad that features people exaggerating or downright misrepresenting who they are -- all so they can give the impression that Susana's ad is populated with supporters who are active duty cops. How low can you go, Susana?