Collateral Damage: The Ethics Reputation of City Attorney’s Office

KOB Channel 4 reported upon the hours of secret recordings made by the Albuquerque Police Department command staff and former City Attorney Jessica Hernandez of the court appointed Federal Monitor James Ginger.

http://www.kob.com/albuquerque-news/justice-department-albuquerque-police-department-doj-apd-feud-james-ginger-jessica-hernandez-secret-recording-audio/4749717/?cat=500

There were 12 private meeting conversations recorded without the Federal Monitors knowledge nor consent.

One secret recording was made of a meeting that occurred roughly around the two year anniversary of the Department of Justice Consent Decree (DOJ) process being review and audited by the monitor and during a time the City Attorney and Federal Monitor were at odds with each other and publicly disagreeing on the reform process.

Following is the beginning portion of a meeting recorded behind closed doors in the City Attorney’s office:

City Attorney Hernandez: “I’m not planning to take … I’m not going to be writing notes. If you are comfortable not…”

Dr. Ginger: “Unfortunately, if I don’t take notes, I don’t remember. I’m getting to be that age.”

The Federal Monitor objected to the request not to take notes saying he needed to take notes to help his memory.

What is alarming is that the former City Attorney Jessica Hernandez tells the Federal Monitor at the beginning of the meeting that she did not feel anyone should take notes but she fails to disclose to the Federal Monitor she was actually recording the private meeting and their conversation at the time.

Failing to disclose a fact is at the very least misleading and at worse a lie.

The appearance of impropriety by not disclosing to the Federal Monitor that the meeting was being recorded is astonishing.

The way the conversation proceeds makes it clear that what the City Attorney wanted to record are admissions or statements by the Federal Monitor that reflected he was biased and to record anything that would compromise his position that could be used to have him removed by the Federal Judge.

The private meeting continues with City Attorney Hernandez telling Dr. Ginger she has concerns about her personal relationship with Ginger and that the relationship is not working by making the following accusation:

“City Attorney Hernandez: “I know that you have told people that you can’t or you won’t work with me, and that’s not going to work.”

Dr. Ginger: “That’s not true. I don’t know who told you that, but it’s incorrect. I don’t think I’ve ever uttered the phrase in my life “I can’t work with so and so.”

When you listen to the conversation further, the Federal Monitor raises concerns about former APD Chief Gorden Eden and Eden’s management style implying that Chief Eden is more of a manger than he is a leader when it came to APD.

Dr. Ginger says there are chiefs who lead and chiefs who manage and Dr. Ginger goes on to say “What this place needs is leadership.”

City Attorney Hernandez complains that the APD monitoring team is setting goals impossible to reach and asserts that the goals constantly change by saying:

City Attorney Hernandez: “When they receive feedback from you or from the monitoring team, they would like it to be something they can continue to rely on. They would like it to not shift, and they would like it to not be different when the monitor’s report comes out.”

The recorded meeting conversation then turns to the recording made by former APD Assistant Chief Robert Huntsman with his department-issued lapel camera:

“Hernandez: “You expressed your frustration with me, and you told them ‘this department is going to be collateral damage” referring to the Huntsman recording.

According to the body camera video released by City Attorney Hernandez last November in a motion asking for an evidentiary hearing to determine if the Federal Monitor was biased, Dr. Ginger does indeed use the words ‘this department is going to be collateral damage but Ginger denies he said it:

Dr.Ginger: “I’m telling you I didn’t say that. I know I didn’t say it because that’s not who I am. I’m not vindictive. Never have been, don’t plan on being.”

Even though Dr. Ginger used the words “collateral damage”, City Attorney Jessica Hernandez took his use of the term out of context asserting that Ginger was intentionally trying to damage APD which has never been the case.

In the context used by Dr. Ginger, “collateral damage” means damage that would result to an unintended target, APD, because of his disagreement or fued with City Attorney Jesseca Hernandez.

It’s the intent that matters, and Ginger by his actions, words and reports has never intended to do harm to APD but rather report to the Federal Court APD’s failures and successes in the reform process.

CONCLUSION

The secret recordings filed are clear proof of just how ethically challenged Chief Gorden Eden, his command staff and City Attorney Jessica Hernandez really were for the last three (3) years.

Attorneys have an ethical responsibility to report unethical conduct or impropriety they witness in a pending case to the Federal Court and do not have authorization to secretly record Court appointed officials.

The secret recording of a federal court appointed official without their knowledge is an extremely serious breach of ethics by any licensed attorney and should never be tolerated and should be sanctioned.

Both former Chief Administrative Officer Rob Perry and Jessica Hernandez are licensed New Mexico attorneys and they need to disclose to the Federal Court what they knew about all the secret recordings by APD command staff, and in particular explain in full detail why they did not disclose to the Federal Monitor he was being recorded without his consent nor knowledge.

The other parties to the DOJ Consent Decree need to seek sanctions in federal court against the city attorney’s office to prevent this from ever happening again.

An even bigger issue is if anyone of the parties or if the Federal Court will make a referral or file a complaint with the New Mexico Bar for the full investigation of the City Attorney’s office.

The next Federal Court Monitor’s report will be filed in four months.

The Federal Monitor needs to address the issue and ask Federal Court Judges Brack to take the appropriate action.

The only “collateral damage” inflicted by the clandestine recordings of the Federal Monitor without his knowledge nor consent is the reputation of the City Attorney’s Office.

Public confidence needs to be restored by the new administration in the City Attorneys Office and the removal of Jessica Hernandez and the departure of CAO Rob Perry was a good start.

City’s Unethical Conduct Disclosed With 12 Secret Recordings Of Federal Monitor

ABQ Reports “City recorded APD reform monitor at least 12 times”
January 17, 2018
Dennis Domrzalski

Civilian and police officials in former Mayor Richard Berry’s administration made at least 12 secret recordings of the independent monitor in the Albuquerque Police Department’s reform case with the U.S. Department of Justice.

That’s 11 more recordings than the administration told a federal court judge about when it first revealed last October that then-Assistant Police Chief Robert Huntsman had recorded the monitor, James Ginger, on his lapel camera in March of 2016.

And Berry’s administration, particularly then-City Attorney Jessica Hernandez, was secretive to the end about the recordings. Hernandez turned over audio files and transcripts of the recordings to U.S. District Court Judge Robert Brack on Nov. 22, 2017. But she never told the DOJ, nor the monitor, nor the Albuquerque Police Officers Association about the additional recordings or that she had filed them with the court.

The city revealed the existence of the 11 new recordings in a document filed Tuesday [January 16, 2017] with U.S. District Court Judge Robert Brack.

The city’s notice of compliance with Brack’s Nov. 16, 2017 order that the city produce any additional recordings of the monitor said that three of the recordings, including the March 2016 recording of Ginger by Huntsman, were made out of concerns that Ginger was being too hard on the city, according to a letter from then-City Attorney Jessica Hernandez that was attached to the city’s court filing.

Hernandez turned recordings and the transcripts over to Brack on Nov. 22, 2017, and her letter to the judge detailed why the recordings were made.

At least nine other recordings were made of Ginger by Bill Slauson, a civilian APD executive who was involved in the reform effort. Those recordings were made between May 10, 2016 and Feb. 27, 2017 “for the sole purpose of having an internal reference regarding direction received from the monitor,” Hernandez’s letter said.

Someone also recorded a Sept. 30, 2016, telephone conference call between Ginger, Huntsman, then-APD Chief Gorden Eden and Slauson. The city gave Brack a transcript of the recording saying it could not find the actual tape.

“The purpose of the telephone conference was to discuss the chiefs’ concerns with recent interactions between the City and the Monitor and how those were affecting the monitoring process,” Hernandez’s letter to Brack said. “The city has searched for and not been able to locate an audio recording of this telephone call. The city believes that the audio recording was not kept once it was transcribed.”

On Nov. 15, 2016, someone recorded a meeting between Ginger, Hernandez and another person. “This meeting was recorded because of worries over how the Monitor would respond when the city directly raised its concerns about recent interactions with the Monitor and how those were affecting the monitoring process,” Hernandez’s letter said. “Ms. Hernandez had not listened to or distributed this recording to anyone prior to searching for and copying this recording in order to produce to the Court.”

Hernandez’s letter said that none of the recording were “made with the intention of making the recording public or using the recording in any manner to undermine the monitoring process.”

But undermining the reform process is exactly what Brack said the city did by recording Ginger in March of 2016 and using the recording in a motion to the court that alleged that Ginger was biased against the city.

The city’s notice to Brack also slammed Hernandez for being secretive about the additional recordings. She disclosed the existence of the recordings to Brack in the Nov. 22, 2017 letter, but she didn’t tell the DOJ, Ginger, or the union that represents APD officers, that she had filed the items with Brack.

“The former City Attorney did not provide copies of her letter or its enclosures to the United States, the APOA or the Monitor when she submitted them to the Court on November 22, 2017,” the city’s filing said. “Nor did the former City Attorney otherwise alert the United States, the APOA or the Monitor of the existence of recordings involving the Monitor or this reform process other than the former APD Assistant Chief’s lapel camera recording discussed in the Court’s November 16, 2016 Order.

“In mid-December 2017, after Officials in the new Administration and the new Acting City Attorney learned about the former City Attorney’s letter and the existence of additional recordings discussed therein, the City promptly notified the United States, the APOA and the Monitor. Thereafter, the City provided the former City Attorney’s letter and its enclosures to the United States, APOA and the Monitor.

“This Notice is to inform the Court that any prior ex parte communications with the Court have been corrected by providing the November 22, 2-17 submission to all named Parties in this matter, as well as the Monitor.

“Additionally, this Notice is to inform the Court that the current City administration has terminated the practice and will not make any further recordings without the Parties’ knowledge or consent.”

OTHER DISCLOSURES IN CITY FILED PLEADING

In addition to the meeting between Federal Monitor James Ginger and city officials that Assistant Chief Huntsman recorded with his on-body camera, there were 11 other secret recordings.

(January 18, 2018 Albuquerque Journal, page A7, Court Filing: APD monitor frequently recorded; Acting city attorney says practice will end)

https://www.abqjournal.com/1120617/former-city-officials-regularly-recorded-meetings-phone-calls-with-monitor.html

According to the city’s disclosure notice, Bill Slauson, who is a civilian and a former executive director appointed by Chief Eden, recorded nine conference calls that included himself, the monitor and other city officials.

City Attorney Jessica Hernandez recorded one of the meetings that included her, Ginger and another official.

There also was a transcript of a conference call with former Chief Gorden Eden, former Assistant Chief Robert Huntsman and Federal Monitor James Ginger.

CONCLUSION

The pleading and the secret recordings filed are clear proof of just how ethically challenged Chief Gorden Eden and his command staff really were for the last three (3) years.

The secret recording of a federal court appointed official without their knowledge or consent is extremely serious and should never be tolerated and should be sanctioned.

The question that now needs to be answered is who ordered all 11 the recordings and were the secret recording authorized by the Mayor’s Office, Chief Administrative Officer Rob Perry along with City Attorney Jessica Hernandez?

Both Rob Perry and Jessica Hernandez are licensed New Mexico attorneys and they need to disclose what they knew and when they knew about the secret recordings by APD command staff, and in particular did they order or authorize the secret recordings in any manner.

Attorneys have an ethical responsibility to report unethical conduct or impropriety in a pending case they witness to the Federal Court and do not have authorization to secretly record Court appointed officials.

The issues that are now raised is if any of the parties to the DOJ Consent Decree will seek sanctions in federal court against the city.

An even bigger issue is if anyone of the parties or if the Federal Court will make a referral or file a complaint with the New Mexico Bar for the full investigation of the City Attorney’s office.

The next Federal Court Monitor’s report will be filed in four months and hopefully he will address the issue and perhaps Federal Court Judges Brack will take the appropriate action.

Who Ordered Or Approved APD Command Staff To Secretly Record Federal Monitor At Least 12 Times?

ABQ Reports “City recorded APD reform monitor at least 12 times”
January 17, 2018
Dennis Domrzalski

Civilian and police officials in former Mayor Richard Berry’s administration made at least 12 secret recordings of the independent monitor in the Albuquerque Police Department’s reform case with the U.S. Department of Justice.

That’s 11 more recordings than the administration told a federal court judge about when it first revealed last October that then-Assistant Police Chief Robert Huntsman had recorded the monitor, James Ginger, on his lapel camera in March of 2016.

And Berry’s administration, particularly then-City Attorney Jessica Hernandez, was secretive to the end about the recordings. Hernandez turned over audio files and transcripts of the recordings to U.S. District Court Judge Robert Brack on Nov. 22, 2017. But she never told the DOJ, nor the monitor, nor the Albuquerque Police Officers Association about the additional recordings or that she had filed them with the court.

The city revealed the existence of the 11 new recordings in a document filed Tuesday [January 16, 2017] with U.S. District Court Judge Robert Brack.

The city’s notice of compliance with Brack’s Nov. 16, 2017 order that the city produce any additional recordings of the monitor said that three of the recordings, including the March 2016 recording of Ginger by Huntsman, were made out of concerns that Ginger was being too hard on the city, according to a letter from then-City Attorney Jessica Hernandez that was attached to the city’s court filing.

Hernandez turned recordings and the transcripts over to Brack on Nov. 22, 2017, and her letter to the judge detailed why the recordings were made.

At least nine other recordings were made of Ginger by Bill Slauson, a civilian APD executive who was involved in the reform effort. Those recordings were made between May 10, 2016 and Feb. 27, 2017 “for the sole purpose of having an internal reference regarding direction received from the monitor,” Hernandez’s letter said.

Someone also recorded a Sept. 30, 2016, telephone conference call between Ginger, Huntsman, then-APD Chief Gorden Eden and Slauson. The city gave Brack a transcript of the recording saying it could not find the actual tape.

“The purpose of the telephone conference was to discuss the chiefs’ concerns with recent interactions between the City and the Monitor and how those were affecting the monitoring process,” Hernandez’s letter to Brack said. “The city has searched for and not been able to locate an audio recording of this telephone call. The city believes that the audio recording was not kept once it was transcribed.”

On Nov. 15, 2016, someone recorded a meeting between Ginger, Hernandez and another person. “This meeting was recorded because of worries over how the Monitor would respond when the city directly raised its concerns about recent interactions with the Monitor and how those were affecting the monitoring process,” Hernandez’s letter said. “Ms. Hernandez had not listened to or distributed this recording to anyone prior to searching for and copying this recording in order to produce to the Court.”

Hernandez’s letter said that none of the recording were “made with the intention of making the recording public or using the recording in any manner to undermine the monitoring process.”

But undermining the reform process is exactly what Brack said the city did by recording Ginger in March of 2016 and using the recording in a motion to the court that alleged that Ginger was biased against the city.

The city’s notice to Brack also slammed Hernandez for being secretive about the additional recordings. She disclosed the existence of the recordings to Brack in the Nov. 22, 2017 letter, but she didn’t tell the DOJ, Ginger, or the union that represents APD officers, that she had filed the items with Brack.

“The former City Attorney did not provide copies of her letter or its enclosures to the United States, the APOA or the Monitor when she submitted them to the Court on November 22, 2017,” the city’s filing said. “Nor did the former City Attorney otherwise alert the United States, the APOA or the Monitor of the existence of recordings involving the Monitor or this reform process other than the former APD Assistant Chief’s lapel camera recording discussed in the Court’s November 16, 2016 Order.

“In mid-December 2017, after Officials in the new Administration and the new Acting City Attorney learned about the former City Attorney’s letter and the existence of additional recordings discussed therein, the City promptly notified the United States, the APOA and the Monitor. Thereafter, the City provided the former City Attorney’s letter and its enclosures to the United States, APOA and the Monitor.

“This Notice is to inform the Court that any prior ex parte communications with the Court have been corrected by providing the November 22, 2-17 submission to all named Parties in this matter, as well as the Monitor.

“Additionally, this Notice is to inform the Court that the current City administration has terminated the practice and will not make any further recordings without the Parties’ knowledge or consent.”

OTHER DISCLOSURES IN CITY FILED PLEADING

In addition to the meeting between Federal Monitor James Ginger and city officials that Assistant Chief Huntsman recorded with his on-body camera, there were 11 other secret recordings.

(January 18, 2018 Albuquerque Journal, page A7, Court Filing: APD monitor frequently recorded; Acting city attorney says practice will end)

According to the city’s disclosure notice, Bill Slauson, a civilian and a former executive director appointed by Chief Eden, recorded nine conference calls that included himself, the monitor and other city officials.

City Attorney Jessica Hernandez recorded one of the meetings that included her, Ginger and another official.

There also was a transcript of a conference call with former Chief Gorden Eden, former Assistant Chief Robert Huntsman and Federal Monitor James Ginger.

CONCLUSION

The pleading and the secret recordings filed are clear proof of just how ethically challenged Chief Gorden Eden and his command staff really were for the last three (3) years.

The secret recording of a federal court appointed official without their knowledge or consent is extremely serious and should never be tolerated and should be sanctioned.

The question that now needs to be answered is who ordered all 11 the recordings and were the secret recording authorized by the Mayor’s Office, Chief Administrative Officer Rob Perry along with City Attorney Jessica Hernandez?

Both Rob Perry and Jessica Hernandez are licensed New Mexico attorneys and they need to disclose what they knew and when they knew about the secret recordings by APD command staff, and in particular did they order or authorize the secret recordings in any manner.

The issues that are now raised is if any of the parties to the Consent Decree will seek sanctions in federal court against the city.

An even bigger issue is if anyone or if the Federal Court will make a referral or file a complaint with the New Mexico Bar for the full investigation of the City Attorney’s office.

The next Federal Court Monitor’s report will be filed in four months and hopefully he will address the issue and perhaps Federal Court Judges Brack will take the appropriate action.

A Picture Is Worth A Thousand Words

As the saying goes “a picture is worth a thousand words”.

On January 16, 2018, the Albuquerque Journal publish a photo of Mayor Tim Keller standing alongside Joanie Griffin serving food to the homeless in the serving line.

(See January 16, 2017 Albuquerque Journal, page A-8, METRO & NM section”)

The caption read “Making hope work … Albuquerque Mayor Tim Keller and Joanie Griffin help members of Sauce Pizza & Wine team as they serve meals at St. Martin’s Hope Works day shelter Friday”

Serving meals to the homeless is fantastic and Mayor Keller needs to be commended for it and I do not question his sincerity given what he said about the homeless on the campaign trail.

What was not reported is that Joanie Griffin is the owner of Griiffin & Associates the advertising firm that was on contract to promote the ART Bus project and to interact with affected Central businesses owners and the general contractors Bradbury and Stamm.

Ms. Griffin was seen attending many of the public hearings sponsored by the City and the projects contractor Bradbury and Stamm and no doubt heard the complaints and concerns voiced by the general public at those meetings and during the city presentations.

Joanie Griffin, Griffin & Associates, made a cash “inkind” donation of $1,000 to the publicly financed “Tim Keller for Mayor Campaign” committee as reported in campaign finance reports filed with the City Clerk.

(See September 11, 2017 blog article “Show Me The Money, Chapter 3″ at PeteDinelli.com.)

Joanie Griffin, Griffin Associates, made another $1,000 cash contribution to “ABQ Forward” the measured finance committee specifically organized to raise and spend money to elect Tim Keller Mayor as reported in campaign finance reports filed with the City Clerk.

(See September 25, 2017 blog article “Show Me the Money, Chapter 4″ at PeteDinelli.com.)

The Berry Administration served up a lot of lies about the ART bus project to the public, including that ART was a world class project.

You must wonder what Griffin has served Keller about the ART bus project.

What is problematic is if Keller has bought into any of the promotional arguments about ART.

I have no doubt Mayor Keller can make his own judgments, but any association with the bus project’s past promotion would be a major mistake.

Mayor Keller may want to spend time with some of the 250 business owners about their interactions with Griffin & Associates.

In particular, Mayor Keller needs to know what promises were made to all the Central business owners and the neighborhoods affected and what they were told about the loans and other impacts of ART on the businesses and the community.

The City needs a total fresh start with the ART bus project if it’s going to work and be salvaged.

Mayor Tim Keller’s press conference outlining the problems with ART was a good first step acknowledging the mistakes of the past and moving forward.

Other good steps are that Mayor Keller replaced the Director of Transit and the Chief Operations Officer who were the main point men and promoters of the project for Berry.

Only time will tell if Mayor Keller will be able to fix all the problems with the project and secure the promised $69 million from the Federal Transportation Administration.

For a listing of all the lies regarding ART see my blog article “The Lemons and Lies of Berry’s Art” at

The Lemons And Lies Of Berry’s ART

A Felony Conviction Prevents Someone From Being A Cop

Channel 7 did one of its Target 7 “investigative reports” on narcotics undercover cop APD Detective Jacob Grant being shot eight (8) times point blank in a parked car by his APD Lieutenant James Brachle.

http://www.koat.com/article/former-da-says-she-thinks-officer-should-ve-faced-charges/15169699

The theme of the Channel 7 investigative report was to explain why former District Attorney Kari Brandenburg did not bring felony criminal charges against Brachle for the shooting and why the New Mexico Attorney General’s office did not bring charges after the case was turned over back in 2015.

Undercover Narcotics Detective Grant was negotiating a drug buy when Brachle rushed the parked car, opened the car door where Grant was sitting and opened fire shooting Grant point blank eight (8) times.

Not at all surprising was Channel 7 broadcasted the graphic and difficult to watch lapel camera video of the shooting as part of its “investigative” report story.

Grant was extremely lucky to survive the shooting, he underwent extensive surgery for his wounds, was hospitalized for months and eventually had to retire from APD because of his permanent physical disabilities related to his injuries from the shooting.

Channel 7 of course made sure it broadcasted old footage of Grant sitting in his hospital bed.

Grant has since left New Mexico but still suffers physical impairment from the shooting.

The Target 7 investigative report missed the mark on so many levels so as to render the report nothing more than just an opportunity to broadcast the graphic lapel camera video of the shooting and holding no one accountable.

The Channel 7 investigative reporter did not aggressively confront the Attorney General’s office why no felony charges were brought after it agreed to take the case over.

The only thing Channel 7 reported was that the Attorney General decided not bring misdemeanor charges after former District Attorney Kari Brandenburg made a referral for felony charges.

The explanation for no prosecution by the Attorney General was that the statute of limitations on misdemeanors had passed including the misdemeanor charge for “negligent use of a firearm”.

Assistant Attorney General Sharon Pino in the Channel 7 report stated that because Brachle was acting in his capacity as a law enforcement officer at the time of the shooting no felony charges could be filed against him under New Mexico law.

The finding by the Attorney General’s office that no felony charges can be brought against Brachle for the shooting of Grant is total and complete nonsense and a fabrication.

The statute of limitations has run on misdemeanor charges but not on all felony charges.

The Assistant Attorney General interviewed by Channel 7 sidestepped the issue of felony charges by saying the former District Attorney could have brought felony charges herself ignoring that the AG office took the case knowing full well the former District Attorney was looking at felony charges.

If the Attorney General’s office did not want to prosecute a police officer for felonies, or because it feels it had a conflict, or it knows the difficulty in convicting any cop before a jury, or feels it will harm the working relationship with law enforcement, the Attorney General’s office should have just said so and returned the case to the current Bernalillo County District Attorney for evaluation.

Instead the Attorney General waited a full year after the former DA left office to say there would be no felony charges.

The fact that the shooting victim was a cop does not negate the fact that the shooting was done by another cop and it was still a police officer involved shooting.

There is no such thing as a “friendly fire” killing or shooting in law enforcement as there is in military combat.

All police officer involved shooting must be investigated and determined if justified.

Whenever a police officer uses deadly force, it must be justified under statutory law as well as APD standard operating procedure, with no room for exceptions.

Just because a police officer is acting in his capacity as a law enforcement officer when he discharges his firearm and injures or kills someone does not completely negate criminal or civil liability of the shooter, a fact not reported by in the Target 7 report.

To put the shooting of Grant by Brachle into focus, former APD Police officers Keith Sandy and Dominique Perez were acting in their capacity as law enforcement officers when they shot and killed homeless camper James Boyd, and they were charged with murder.

The Department of Justice (DOJ) consent decree mandates that APD excessive use of force or deadly force cases must be investigated, yet nothing was reported by Target 7 if the Grant shooting was reviewed for violation of APD use of force policies.

The Target 7 investigation did not report that Attorney General Hector Balderas in a letter declining prosecution went out of his way to point out that former APD Chief Gordon Eden never referred Greg Brachle to New Mexico Law Enforcement Academy Board to investigate the shooting as required by state law.

The New Mexico Law Enforcement Academy Board has the authority to suspend or revoke police certifications.

Attorney General Hector Balderas is the Chairman of the New Mexico Law Enforcement Academy Board and he has the authority to order the board’s investigators to review the case to determine if Brachle’s law enforcement certification and license should be revoked.

Balderas failing to make the referral himself to his own board is evidence of political deflection to avoid taking any police oversight responsibility.

No satisfactory explanation was given by the Attorney General’s Office to Channel 7 why felony charges were not brought against former APD Lt. Greg Brachle.

The Target 7 Investigative report failed to ask current Bernalillo County District Attorney Raul Torrez if he wanted the Attorney General to refer the case back to his office for another evaluation on felony charges.

Former APD Officer Jacob Grant, the shooting victim, was noble when he told Target 7 he did not want the shooter to be criminally charged, but did say he did want the shooter to never to be a police officer again.

A felony conviction would have guaranteed that Brachle would never be in law enforcement again or for that matter be able to carry a gun.

Ultimately, it was the citizens of Albuquerque that were held financially responsible for the tragic shooting of Jacob Grant that was at the very least negligent.

APD Officer Jacob Grant was paid $6.5 million dollars plus all his medical expenses being paid to settle the civil claim, an important fact that the Target 7 Investigative report omitted.

Vowing to Fix Problems Required To Fix By Law

It was reported that the ART bus project contractors have now vowed to resolve all the construction problems that have now been revealed.

(See January 15, 2017 Albuquerque Journal, page A-1, ART contractors vow to resolve concerns as city chases $75 M)

The manufacturer of the electric buses is also vowing to correct the problems discovered with the buses.

How big of them.

There is not a single quote or reaction from former Mayor Richard Berry in the entire front page, above the fold headline article.

Not surprising, seeing as the Albuquerque Journal endorsed the project, was a big promoter of ART and promoted Mayor Berry at every turn for eight years.

The single greatest lie spoken by former Mayor Richard Berry for three years was his repeated proclamation that the ART bus project is a “world class” transportation project.

The truth is that ART has always been nothing more than a cheesy nine-mile, $129 million bus route that is now costing $135 million that destroyed Route 66.

A “world class transportation project” costs billions of dollars like Denver’s and Phoenix’s light rail systems and one that transforms an entire community.

The biggest promoters were always the general contractors Bradury & Stamm, architects Dekker/Perich/Sabatini and lead engineer HDR who all made millions on the project.

It so big of them that they now “vow” to resolve all the concerns about ART seeing that the promises are nothing more than what they are REQUIRED to do under the construction contract and law.

What they should consider doing is paying the real damages to all the businesses along Central that lost business, were affected by the project or that were forced to close.

It is now clear the “world class” project will not be fully functional for probably a year even after Berry dedicated the project with great fanfare just a few weeks before he left office.

Only time will tell, but let’s not hold our breath.

The new administration is now tasked with “chasing” the promised $69 million from the Feds that was in fact reduced to $50 million by congress.

For a listing of the “Lemons and Lies Of ART” see my blog article at:

The Lemons And Lies Of Berry’s ART