About

Pete Dinelli was born and raised in Albuquerque, New Mexico. He is of Italian and Hispanic descent. He is a 1970 graduate of Del Norte High School, a 1974 graduate of Eastern New Mexico University with a Bachelor's Degree in Business Administration and a 1977 graduate of St. Mary's School of Law, San Antonio, Texas. Pete has a 40 year history of community involvement and service as an elected and appointed official and as a practicing attorney in Albuquerque. Pete and his wife Betty Case Dinelli have been married since 1984 and they have two adult sons, Mark, who is an attorney and George, who is an Emergency Medical Technician (EMT). Pete has been a licensed New Mexico attorney since 1978. Pete has over 27 years of municipal and state government service. Pete’s service to Albuquerque has been extensive. He has been an elected Albuquerque City Councilor, serving as Vice President. He has served as a Worker’s Compensation Judge with Statewide jurisdiction. Pete has been a prosecutor for 15 years and has served as a Bernalillo County Chief Deputy District Attorney, as an Assistant Attorney General and Assistant District Attorney and as a Deputy City Attorney. For eight years, Pete was employed with the City of Albuquerque both as a Deputy City Attorney and Chief Public Safety Officer overseeing the city departments of police, fire, 911 emergency call center and the emergency operations center. While with the City of Albuquerque Legal Department, Pete served as Director of the Safe City Strike Force and Interim Director of the 911 Emergency Operations Center. Pete’s community involvement includes being a past President of the Albuquerque Kiwanis Club, past President of the Our Lady of Fatima School Board, and Board of Directors of the Albuquerque Museum Foundation.

Defense Attorney Implicated In APD Bribery and DWI Dismissal Scandal Voluntarily Agrees Not To Practice Law; Disbarment Decision Pending By Federal Court And New Mexico Supreme Court

On January 29 Chief U.S. District Judge Kenneth Gonzales for the District of New Mexico issued an “Order to Show Cause” to DWI defense attorney Thomas Clear III to show cause why he should not be held in contempt of court and disciplined for his alleged role in the  racketeering scheme involving bribery and kickbacks to a group of law enforcement officers.  The bribes were given in exchange for referring clients to Clear and helping Clear to get the criminal charges dismissed in court. The bribes were in the form of cash, gifts, trips or free legal advice. The officers alleged to be involved are with the Albuquerque Police Department (APD), the Bernalillo County Sheriff’s Department (BCSO)  and the New Mexico State Police Department. Chief U.S. District Judge Kenneth Gonzales gave Clear  30 days to respond in writing, and two weeks if he is charged with a crime.

On February 3, the New Mexico Supreme Court issued an “Order to Show Cause” to prominent DWI criminal defense attorney Thomas Clear, III. The New Mexico Supreme Court’s Order to Show Cause is essentially identical in nature  to the one filed just days before by Chief U.S. District Judge Kenneth Gonzales. Clear has practiced in both federal and state courts over the last two decades. Clear has not been criminally charged nor has he said anything publicly to address the allegations since the FBI executed search warrants a year ago at his law office.  The New Mexico Supreme Court gave Clear until February 10 to show cause, in writing, why he “should not be subject to discipline, up to and including suspension” for his alleged conduct.

CLEAR RESPONDS TO FEDERAL COURT ORDER TO SHOW CAUSE

On Wednesday, February 5, 2025,  Clear’s attorney Thomas M. Clark (Clark & Ruyle, LLC)  filed a formal written  response to the “Order to Show Cause” filed by Chief U.S. District Judge Kenneth Gonzales. According to the response filed, Clear notified the court that on January 24, 2025  he changed his status as a member of the New Mexico State Bar from active to in active. Read Clear’s  written response to the Order To Show Cause by clicking  here “active” to “inactive”‘ .

Clear’s response states he has not been formally charged with a crime and there no pending charges that he must disclose. Clear argues in order to respond to the court’s order, he would have to “abandon his rights and protection provided under the Fifth Amendment of the United States Constitution, which he cannot do.”  Clear also advises the Court that he is “asserting the Fifth Amendment right against self-incrimination.”

Clear states in his response to the Order to Show Cause that he has not been actively engaged in the practice of law in New Mexico since “approximately” June 2024. He requests Judge Gonzales to accept his resignation as a member of the New Mexico State Bar based on his change of status and eligibility.

Links to relied upon or quoted news sources are here:

https://www.koat.com/article/thomas-clear-dwi-scandal-new-mexico/63694528

https://www.kob.com/news/top-news/attorney-explains-why-he-shouldnt-face-punishment-for-alleged-dwi-scandal/

Clear had 30 days of entry of the federal court  Order to Show cause to respond in writing. Failure to timely show cause would have resulted in suspension, disbarment or other discipline.

Clear now has until February 10 to respond to the New Mexico Supreme Court’s Order to Show Cause.

FEDERAL COURT ORDER TO SHOW CAUSE RECALLED

Chief U.S. District Judge Kenneth Gonzales in his “Order to Show Cause”  cites the  Ricardo “Rick” Mendez “Plea and Disposition Agreement” as well as news media coverage about the allegations in notifying Clear that the statements, if true, “indicate Mr. Clear may have violated a New Mexico Rule of Professional Conduct” that pertains to professional misconduct by a lawyer. Judge Gonzales wrote this in his order:

“Given the nature of Mr. Clear’s apparent conduct and the potential for undermining the public’s confidence in the Court, the Court orders Mr. Clear to show cause why suspension, disbarment or other discipline is not appropriate.”

Chief Judge Gonzales noted that federal case law recognizes that the Federal District Court in New Mexico has “inherent supervisory power” over the conduct of attorneys who practice in federal court, and noted that federal judges in New Mexico “have an obligation to enforce high standards of conduct… .”

Chief Judge Gonzales noted in his order that licensed attorneys subject to disciplinary proceedings are entitled to procedural due process. Judge Gonzales wrote:

“Mr. Clear may request that the undersigned appoint a panel of Judges to review his response to this order and to conduct a hearing to determine whether suspension, disbarment or other discipline is appropriate.”

Judge Gonzales stated if Clear does not make the request for a panel, he will review Clear’s response himself  and make the determination as to what action should be taken against Clear. If Gonzales or the panel decides a hearing isn’t necessary, Clear is ordered to furnish “all the materials Mr. Clear wishes (Gonzales) or the Panel to consider.”

Judge Gonzales wrote in his  the Order To Show Cause that Clear may have violated the New Mexico Rule of Professional Conduct 16-804, Misconduct, which states:

“It is professional misconduct for a lawyer to:

  • Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another;
  • Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
  • Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
  • Engage in conduct that is prejudicial to the administration of justice;
  • State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or N.M.R.A. 16-804.”

MENDEZ CRIMINAL INFORMATION AND PLEA AGREEMENT

It was on January 24 that a federal criminal Information charging document was filed by the United States Attorney identifying and charging only one person, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III. Mendez plead guilty to all the charges on the same day the criminal Information was filed. The 8 count Criminal Information charges one count of Racketeering under the federal Racketeer Influence and Corrupt Organizations Act (RICO), 5 counts of Bribery of an Agent, 1 Count of Interference With Commerce by Extortion Under Color of Official Action, Aiding and Abetting and 1 Count of Conspiracy To Commit Interference With Commerce By Extortion.

According to the criminal Information filed, Mendez and officers and deputies at APD, BCSO, and New Mexico State Police worked with at least two private defense attorneys in a “DWI Enterprise” to ensure drunk driving suspects would get their cases dismissed in exchange for money and other favors. No attorneys and no  APD, BCSO nor State Police Officers were named in the charging document nor have they been charged separately to date.  The FBI and US Attorney say the investigation is ongoing and charges will be filed against others when the investigation is completed.

In his Plea and Disposition Agreement, Ricardo “Rick” Mendez admits he helped orchestrate the scheme with law enforcement officers who would refer arrested drunken drivers to Mendez and defense Attorney Thomas Clear. Mendez admitted that he  subsequently helped Clear get the cases dismissed in court. The suspects would pay higher than usual legal fees to Clear, and the officers received cash, gift cards, free legal services and other financial gain in exchange for not filing criminal charges  or missing DWI hearings.

Mendez’s Sentencing is scheduled for  April 29, 2025

COMMENTARY AND ANALYSIS

Defense Attorney Thomas Clear’s written response to the federal Order to Show Cause was totally expected. By voluntarily agreeing not to practice law and pleading his 5th Amendment Right Against Self Incrimination, Clear is essentially doing whatever he can to avoid total disbarment and from permanently being prohibited from ever practicing law again. Clear is relying on the fact that he has not been charged with any crimes, that he is entitled to due process of law and that he must be presumed innocent until proven guilty. He is also arguing that the federal court has no jurisdiction over him and that it cannot impose sanctions. In other words Clear is telling Chief Judge Gonzales he has not been charged, he has not been found guilty of any crime and that the court cannot impose discipline until he is charged and found guilty of a crime.

The problem for Clear is that federal judges do have supervisory authority over who can practice law before them in federal court and can challenge an attorney’s fitness to practice law. The question that remains is if Chief U.S. District Judge Kenneth Gonzales will be satisfied, accept Clear’s voluntary decision not to practice law or take further steps and impose sanctions.

Clear will still have to deal with the New Mexico Supreme Court’s Order to Show Cause which on many levels is the most serious problem. The New Mexico Supreme Court has licensing authority over all lawyers licensed to practice law in the State. The Supreme Court has the total authority to admonish, suspend from the practice of law for a period of time or permanently disbar an attorney from ever practicing law again.

“SUA SPONTE” ORDERS

What makes the  “Order To Show” pleadings  filed by both the New Mexico Supreme Court and Chief U.S. District Judge Kenneth Gonzales so remarkable  is that they  were done “sua sponte” orders, meaning on their own initiative without any prompting by any source or party to litigation. Both actions are truly remarkable and unheard of in their own right. The court’s actions reflect, as they should, just how serious the federal and state courts take attorney nefarious or criminal conduct that cannot be tolerated at any level.

Criminal Defense Attorney Thomas Clear, III, has not been formally charged with any crime nor has he been found guilty of any crime. A “Co-Conspirator 1” is identified  in the federal criminal Information charging Clear’s investigator and  para legal Ricardo “Rick” Mendez with racketeering, bribery and conspiracy in the kickback scheme.

Based on the admissions and guilty plea contained  in the January 24 Plea and Disposition agreement,  Mendez  has identified  Thomas Clear, III as “Co-Conspirator 1”.    Both Courts are confronting Clear with the allegations  and demanding  explanations of his involvement with a criminal enterprise to get DWI cases dismissed.  Both court’s will have to decide if they have enough evidence to go forward with discipline including but not limited to suspension or permanent  disbarment from the practice of law.

A DISSERVICE TO THE PUBLIC

After over a year of front page news and investigation by the FBI and the Department of Justice, it is  a major disappointment, but not at all surprising that federal charges for government corruption have yet to be brought against any of the identified law enforcement officers implicated in the scandal nor any of the attorney’s involved. The US Attorney’s office has a reputation of being overly cautious in bringing criminal charges, especially against law enforcement.

The blunt truth is that U.S. Attorney’s Office has done a major disservice the citizens of Albuquerque by not indicting nor charging any of the law enforcement implicated nor the attorneys alleged to be involved.  After over a full year investigation, its likely the US Attorney’s office and the FBI have more than enough to proceed with charges and more than enough evidence to secure convictions, with the cooperation of Ricardo “Rick” Mendez, yet the public is told stay tuned.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved, yet no charges have been filed against law enforcement officers suspected of taking bribes nor the attorneys.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are also held accountable.  That will only happen when there is aggressive prosecutions and convictions, the police officers are involved are convicted and they lose their law enforcement certification and disbarment occurs with the attorneys involved in the RICO “DWI Enterprise”. The Order To Cause actions  filed by both courts are first good steps.

2025 New Mexico Legislature Update: House Bill 12 Expanding Red Flag Law Allowing Law Enforcement To File Extreme Risk Petitions For Court Orders To Seize Guns From Those Who Pose Risk To Self Or Others Passes Two Committees And Goes On To Full House For Vote

On January 5, legislation to expand New Mexico’s red flag passed the House Judiciary Committee on a party-lines vote. Before that, it passed the House Consumer and Public Affairs Committee on a party-line vote.  New Mexico’s red flag law now goes  to the House floor for a final vote in that chamber. If it passes in the House of Representatives, it will be forwardwed to the State Senate to again go through the committee process.

New Mexico’s red flag law currently allows everyday New Mexicans to ask a judge to temporarily take away someone’s guns if they are a danger to themselves or others. It does not specifically mention law enforcement. House Bill 12 amends the law allowing law enforcement officers to file those petitions while also removing the current 48-hour confiscation period now instructing law enforcement to confiscate those guns immediately.

Court data shows at least 160 petitions have been filed throughout the state since the law was first enacted back in 2020.  However,  there are different court  interpretations of the law and whether or not law enforcement officers are allowed to file the petitions. Assistant Attorney general Jenn Vickery said this:

“The [Second Judicial District Court]  which is Albuquerque, Bernalillo County, the judges there are already allowing law enforcement to file petitions. But …  in the First Judicial Dsitrict in Santa Fe, a district court judge said a law enforcement officer wasn’t listed as a reporting party, so they denied the petition. So we’re seeing confusion in the judicial system where some judges mean who can be a reporting party.”  

With respect to removing the current 48-hour confiscation period and allowing law enforcement to confiscate those guns immediately, Rep. Christina Chandler said this: .

“There’s a concern there that a person who might have been thinking about doing some dangerous things, either themselves or others, would use that 48 hours to achieve that end. So that they wanted to be able to just take the guns immediately, as more clearly in the statute.”  

The link to the quoted or relied upon news source is here:

https://www.kob.com/new-mexico/proposal-to-expand-red-flag-law-heads-to-house-floor/

NEW MEXICO’S RED FLAG LAW

It was on February 25, 2020 that Governor Michelle Lujan Grisham signed into law the “Extreme Risk Firearm Protection Order Act” also known as a “red-flag” gun bill that allows firearms to be temporarily taken away from those deemed dangerous to themselves or others. New Mexico’s  “red flag law”  allows everyday citizens, family members or third parties to petition a state court to order the temporary removal of firearms from a gun owner or a person in possession of a gun who may present a danger to themselves or others. The action is civil in nature and it is not a criminal action nor a civil commitment proceeding to determine mental competency. Red flag law court orders are also referred to as Extreme Risk Protection Orders (ERPOs).

Under New Mexico’s “red flag law”, if a judge after an evidentiary hearing find that person is dangerous to himself or others, that person must surrender all firearms within their possession or control to the police for a specified period of time. During that period of time, the person is also not allowed to buy or sell guns. Further, it is a temporary order, very much like a temporary restraining order, it does not permanently keep guns away from individuals who might cause significant risk. Such court orders are only as good as the enforcement behind it by law enforcement.

The biggest criticisms against “red flag” laws are that they violate a person’s US Constitution Second amendment rights to bear arms. Another major criticism is that a person’s constitutional right of due process of law is violated when a court can issue a temporary “ex parte” order to seize guns from people without an evidentiary hearing and without any notice. (NOTE: An “ex parte” order is a court order granted against a person not present at the hearing and at the request of and for the benefit of another party.)

https://gunsandamerica.org/story/19/08/05/what-is-a-red-flag-law/

On August 13, 2024 it was reported to the influential 32 member Courts, Corrections and Justice Interim Committee by a law enforcement task force on the “red flag law” that the use of New Mexico’s “red flag” gun law has increased dramatically since its enactment in 2020. Use of the law has steadily increased over the last two years, as law enforcement officers have received training and grown more familiar with how it works.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from a mere 3 petition filings  in 2021 to 46 petition filings in 2023.  Following are the statistics reported to the committee on the filing of the firearms petitions during the last 5 years:

  • 2020:  4
  • 2021: 3
  • 2022: 14
  • 2023: 46
  • 2024: 51

Albuquerque based Second Judicial District Judge Jane Levy told the committee that of the roughly 120 petitions filed statewide since the law took effect, about 95% have been granted by a District Court Judge.  In most of the cases Judge Levy has handled, defendants were in agreement with the need for a firearm protection order.

More than half of the firearm petitions have been filed in Bernalillo County. The reason for that is that the Albuquerque Police Department has a crisis intervention unit that uses the law as a tool for removing guns from individuals with mental health issues who have made violent threats.

New Mexico had the nation’s third-highest gun death rate as of 2021, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period. However, preliminary data from the state’s Office of the Medical Investigator shows gun-related homicides and suicides were down last year compared to the previous year.

https://www.abqjournal.com/news/new-mexicos-red-flag-gun-law-being-utilized-more-but-could-be-retooled/article_6e3ae17a-5a6e-11ef-bb18-93c65e9a81a6.html

An “extreme risk order” is an extension of the 2019 New Mexico legislative law prohibiting gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act where domestic abusers must surrender their firearms to law enforcement. Gun possession prohibition also applies to people convicted of other crimes. Currently, 21 states and the District of Columbia have red flag laws on their books.

The New Mexico suicide rate is 21.9 deaths per 100,000 people, which is more than 50% higher than the national average. Ten counties in New Mexico have suicide rates at least twice the national average. Current statistics are one in three N.M. women will experience domestic violence in their lifetime. New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

HOUSE BILL 12

Since the red flag gun law took effect, several changes to it have been proposed as a way to make the law less cumbersome. Those changes have failed in past legislative session. This year, the proposed changes are embodied in House Bill 12.

House Bill 12 would clarify that law enforcement officers can directly initiate a court petition  instead of being forced to waite  for someone else to contact them.  Rep. Christine Chandler, D-Los Alamos, one of the measure’s sponsors said this:

“There’s an ambiguity in the law that we’re trying to address.”

The bill would also require that firearms be relinquished immediately upon a judge’s order, instead of within 48 hours.

Backers of the change say the 48-hour requirement puts law enforcement officers and others, including the subject of the order, at increased danger.

Several law enforcement officials testified in support of the changes during the committee hearing, including State Police Deputy Chief Carolyn Huynh,  former Taos County Sheriff,  who said this:

“I think we should all agree that certain people shouldn’t have firearms or have access to firearms.”

Critics of  House Bill 12 raised concerns about rogue law enforcement officers possibly abusing their expanded authority under the bill, while also renewing critiques about the underlying law itself. Anthony Sergura of the New Mexico Shooting Sports Association said this:

“Such drastic measures not only infringe on the rights of law-abiding citizens, they also infringe on due process.”

The red flag gun law, officially known as the Extreme Risk Firearm Protection Order Act, was used infrequently in the two years following its 2020 approval. But utilization of the law increased over the last two years as law enforcement officers have received more training on its workings.

New Mexico had the nation’s third-highest gun death rate as of 2022, behind only Mississippi and Louisiana, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from 3  petitions in 2021 to 90 petitions last year, said Rep. Joy Garratt, D-Albuquerque. Of those 90 petitions, 86 were ultimately granted by a judge, she added.

However, the number of gun-related homicides and suicides in New Mexico decreased in 2023 compared to the previous year, according to data from the state’s Office of the Medical Investigator.

The link to the quoted or relied upon news source is here:

https://www.abqjournal.com/news/article_a6c921f4-ddb9-11ef-ab74-8762b08ef83d.html

https://www.abqjournal.com/news/article_a6c921f4-ddb9-11ef-ab74-8762b08ef83d.html

https://www.abqjournal.com/news/article_f70c71a8-d449-11ef-b059-d7bb40f5b874.html?fbclid=IwY2xjawIHrOlleHRuA2FlbQIxMQABHSowa_mASp4_O9v3fSgu74qZ_ITfv1E1yS5pYHkbueJZ0-Zi7HWVEy18Gg_aem_5Z0wuLwnLWUjHxxv2iJoRg#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

New Mexico’s red flag gun law continues to generate heated debate nearly five years after its 2020 approval.

Democrats have a commanding 43-26 majority in the House and a 26 to 16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing. Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives remaining to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.

It’s not clear when the full House might debate House Bill 12, but legislature is at the the halfway point before it adjourns. There’s still plenty of time for it to clear the Senate before reaching the governor’s desk

The link to a related blog article is here:

2025 New Mexico Legislature Update: Public Safety Measures Again Front And Center During Legislative Session; 2025 Session Likely Last Time To Get Passage Of Public Safety Measures While Gov. MLG In Office

2025 New Mexico Legislature Update: Public Safety Measures Again Front And Center During Legislative Session; 2025 Session Likely Last Time To Get Passage Of Public Safety Measures While Gov. MLG In Office

On January 21, New Mexico Gov. Michelle Lujan Grisham delivered her 2025 State of the State address to begin the 60-day legislative session.  During her address, the Governor told legislators this:

“Everyone in this room knows that crime is out of control in New Mexico. Even our public safety professionals agree, we’re in a state of crisis…the violent crime rate in New Mexico is twice the national average. Addiction is rampant. And we’re clearly struggling to protect New Mexicans from this madness. … I recognize that the issues that plague us are rooted in poverty, inequality and generational challenges long neglected. …  But our crime problem destabilizes the very communities we seek to empower. It threatens the very prosperity of our state, in which we have invested so much. We cannot and we must not let this continue. We need the tools to overcome this challenge. We can respect civil rights and protect the right of every family to live safely, the right of small businesses to conduct commerce securely and the right of our children to grow up in communities free from danger.”

Governor Lujan Grisham has said she does not agree that New Mexico’s high violent crime rate is due more to a lack of enforcement of existing laws than a need for tougher laws.  The Governor said this:

“Frankly, even if that was true, we have a crisis. …  And you better do everything in your power to address that crisis, otherwise, I don’t know how you look families in the eye.”

Lujan Grisham pointed to data shared by the nonpartisan nonprofit Council of State Governments Justice Center that shows New Mexico’s violent crime rate in 2023 was 21% higher than a decade earlier and twice the national average.  The governor cited the intersection between poverty, homelessness, mental health, addiction and crime, saying the state needs to invest more in programs to help people become stable, productive members of society.

Last year, the governor held town halls in Alamogordo, Las Cruces, Gallup, Raton and other cities. The message delivered to her was clear: People don’t feel safe. The governor outlined  in her State of the State address several of the proposals she will push lawmakers to adopt during the legislative session.  Her priorities include the following:

  • Toughening penalties for people with felony convictions who illegally possess firearms.
  • Sentencing for criminals who traffic deadly drugs like fentanyl.
  • Calling for the mandatory “civil commitment for those who need treatment the most.” The governor said she wants to “reform criminal competency laws that let too many dangerous people remain on our streets.”
  • Pushing for a tax rebate for businesses “to help businesses foot the cost of security personnel and equipment until we can get our crime epidemic under control.”

RESPONSES TO GOVERNOR’S PROPOSALS

Following the governor’s State of the State address, Republican leaders held a news conference to respond to Governor Lujan Grisham’s proposals.  Republican leadership said they appreciated her new tough-on-crime agenda, but they said they have proposed such legislation the entire time  she has been governor and without any action by the Democratic controlled legislature.  The Republican leadership said her speech focused too much on behavioral health spending, which they described as throwing more money at solutions that will be slow to develop.

ACLU REACTS

The American Civil Liberties Union of New Mexico objected to the push for stiffer criminal penalties saying lawmakers should focus instead on preventive measures. Lena Weber, the interim policy director at the ACLU of New Mexico, said this:

“[The ACLU was] disappointed to hear the governor yet again propose policies that will fuel mass incarceration in our state and harm our communities. Longer sentences and coerced treatment aren’t the solutions our state deserves. We urge the governor and the Legislature to reject harmful proposals and instead double down on the real solutions that the governor and lawmakers have already proposed that will offer stability and safety by investing in housing, healthcare, education and jobs.”

Lena Weber  said the organization was “encouraged” to hear the governor’s commitment to taking bold steps to reduce homelessness and improve access to behavioral health care. Weber described  them as “the real solutions we need to build lasting community safety for all New Mexicans – not more of the same ‘tough on crime’ approach that has failed our state for years.”

INTRODUCED LEGISLATION

More than 40 bills dealing with crime and criminal penalties have  been filed since the start of New Mexico’s 60-day legislative session. Some lawmakers say there’s a greater sense of urgency to address crime this year amid a spike of violent crimes involving juvenile offenders. The following are a few of the major bills introduced:

  • Senate Bill 32: Creates it a fourth-degree felony of possession of a stolen firearm.
  • Senate Bill 70: Amending it a state racketeering law to include human trafficking and other crimes.
  • House Bill 165: Making it easier to hold defendants accused of certain violent crimes in jail until trial.
  • House Bill 166: Increase the criminal penalty for convicted felons in possession of a firearm.
  • Senate Bill 166: Changing the definition of dangerousness in state’s laws dealing with involuntary commitment for individuals with mental illness.
  • Senate Bill 95: Making  it a capital crime to sell fentanyl to anyone who subsequently dies due to an overdose.

OTHER  LEGISLATION OUTLINED

Republican State Senator Craig Brandt is sponsoring a bill that  would make it a felony to make a shooting threat.  House Representative Joy Garratt is also looking to push a similar bill through the House. It’s a bill Brandt has  tried to get through the legislature in the past. Sen. Brandt said this:

“It seems like a very common-sense thing. We have a felony if you call in a bomb threat … a shooting threat is pretty much the same alignment.”

A bill sponsored by Republican State Rep. Stefani Lord would make it legal to carry a firearm, open or concealed, without a permit.   This is the second time she has sponsored the legislation. Rep. Lord  says 29 states already have made “permitless carry” legal. She added that those states have not seen an increase in crime rates. Rep. Lord said this:

“What we’re trying to do with this bill is codify the right of law-abiding citizens to carry a handgun and ensure equity for all of our New Mexico citizens, no matter what your income, age, or physical ability, so you can lawfully exercise your right to bear arms if you so desire.”

Albuquerque West Side Democrat Rep. Cynthia Borrego is sponsoring a bill to deal with vehicle thefts that would increase penalties. If passed, penalties for receiving, embezzling, or stealing a vehicle would increase for each additional offense and could be stacked together, so committing one of those other offenses along with stealing a car could make your sentence harsher. Currently, those crimes are less harsh standing alone.

HB107 would increase penalties for people who traffic drugs resulting in someone’s death.

GOVERNOR OUTLINES SUPPORT FOR PUBLIC SAFETY MEASURES

During a  January 28  news conference,  flanked by law enforcement officials and both Democratic and Republican lawmakers, the Governor expressed support for specific public safety and crime measures.  The Governor  said she does not agree that New Mexico’s high violent crime rate is due more to a lack of enforcement of existing laws than a need for tougher laws.  Lujan Grisham said this:

“Frankly, even if that was true, we have a crisis. … And you better do everything in your power to address that crisis, otherwise, I don’t know how you look families in the eye.”

Capital felonies under New Mexico law include first-degree murder and are punishable by life in prison without the possibility of parole. The Governor said she supports a proposal that would make it a capital felony for anyone convicted of selling fentanyl to another person who dies of an overdose. Lujan Grisham described the bill, which is sponsored by Republican Sen. Crystal Brantley, R-Elephant Butte, as a “powerful” proposal.

Governor Lujan Grisham  indicated her support for  House Bill 4 that would change New Mexico’s judicial procedures for cases involving defendants with mental illness. Rep. Christine Chandler, D-Los Alamos, the bill’s sponsor, said voluntary treatment is still preferable for defendants who are willing to seek it, but said some individuals need a “push” to get help. Chandler said this:

“I feel confident that it’s the right approach to address the concerns we’ve all been hearing since the summer.”   

During the January 28 press conference Sen. Craig Brandt, R-Rio Rancho, applauded the governor for working with Republicans and Democrats alike on public safety issues. Brandt said this:

“Crime is all over this state. … It’s no longer just an Albuquerque problem and I’m tired of hearing that.”

GOVERNOR APPLIES PRESSURE TO GET LEGISLATION PASSED

Gov. Michelle Lujan Grisham is applying  pressure on state lawmakers to fix public safety issues during the 60 day legislative session which will be her very last as Governor. Democrats, Republicans, law enforcement officials, and other state leaders are on the same page, but has always been the problem, improving public safety and actually doing something are two very different things.  Consequences, intervention and prevention are areas the governor and legislative leaders are trying to tackle at the same time.  House lawmakers are working on two key public safety proposals. One would expand New Mexico’s red flag law to make it easier for law enforcement officers to use. The other is reworking the state’s criminal competency laws.

CRIMINAL COMPETENCY LAWS

It is reworking the state’s criminal competency laws that is clearly the most complicated proposal. It would give the courts more options when suspects are deemed incompetent to stand trial.  A lot of those suspects are simply released back on the streets, and the proposed legislation could make it easier to get those suspects into behavioral health treatment programs which is something the governor says they just aren’t doing on their own.

Governor Lujan Grisham has expressed openness to expanding New Mexico’s behavioral health system for individuals with mental illness or substance abuse disorders. The governor says the mentally ill are not seeking mental health care on their own.  The Governor said this:

“I have yet to see that occur in any community in the state. In fact, the data suggests, pretty unequivocally, rarely, if ever, do they get the help or stay in a treatment program so that they can be fairly supported and get out of this revolving door crisis. … We aren’t going to vilify poverty or mental health issues. …  But we aren’t going to tolerate … criminality anywhere in the state.”

The goal is to close the so-called revolving door when it comes to behavioral health care treatment and competency.  Democratic state lawmakers are saying they have spent extra time making sure their proposal does not violate New Mexican’s civil liberties.

Leading Democratic legislators  are proposing the creation of a $1 billion behavioral health trust fund  to underwrite future spending on addiction and mental health treatment to rein in crime and homelessness. Companion legislation would  compel some people to receive treatment.

Lujan Grisham also voiced her support for holding people who are deemed dangerous in custody pending trial and toughening laws to ensure repeat offenders are held accountable. She said it’s a small group of repeat offenders who wreak a large percentage of havoc. The Governor said this:

“We cannot, we must not let this continue. … We need the tools to overcome this challenge.”

INCREASING PUNISHMENTS

Increasing punishment for certain crimes is part of the public safety proposals. The governor is  backing efforts to increase the punishments for the following criminal offenses:

  • Fentanyl trafficking.
  • Human trafficking.
  • Shooting from a motor vehicle.
  • Increasing penalties for possessing a stolen gun.
  • Increasing penalties for convicted felons caught with guns.

CHANGES TO JUVENILE JUSTICE LAWS

There is a bi-partisan push to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code to make sure violent teen suspects are held accountable. The push is being spearheaded by Democrat  Bernalillo County District Attorney Sam Bregman.  DA Bregman has said  that overall violent crime appears to be trending down in New Mexico. However, he has said violent juvenile crime is “out of control,” saying 25 defendants under age 18 are currently detained and facing murder charges in New Mexico. Bregman said this:

“Juveniles without consequences who later commit murder or violent crimes happens every single week in Bernalillo County. … We have to do some things so they learn when they first enter the criminal justice system that their conduct of violating certain laws and norms cannot continue without a consequence. Therefore, they learn it, because we’re not at the end of the day.”

PROPOSED CHANGES TO CHILDREN’S CODE OUTLINED

Bernalillo County District Attorney Sam Bregman has  said  that from January of last year to November of this year there have been 1,448 juvenile cases. This includes 24 homicides, 386 cases involving firearms, 49 armed robberies, and 44 rapes. He said from 2022 to 2023, there’s been a 57% increase in cases that involved kids with guns. However, in the first ten months of 2024, there was a 37.5% decrease in juvenile felony gun crimes compared to the same time in 2023.

In response to the juvenile violent crime rates, Bregman’s office has developed a list of 36 amendments to the Children’s Code and the Delinquency Act.  These changes include expanding the types of crimes where juveniles can be charged as adults, extending the jurisdiction of juvenile services to 25 years old and expanding youth gun restrictions. Bregman is proposing a 64-page bill with proposed amendments to the children’s code to crack down on youth crime.  The proposed changes are all aimed at making sure there’s proper guardrails for juvenile criminals.

The proposed changes to the Children’s Code and Delinquency Act Bregman has listed are the most important are:

  • Expanding the definition of “Serious Youthful Offender” to include second degree murder, voluntary manslaughter, criminal sexual penetration (rape), armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death.
  • Extending the age of possible imprisonment for “Youthful Offenders” from 21 to 25 years old. As the law is currently written, once a juvenile offender turns 21, in most cases, the criminal justice system automatically loses jurisdiction. Extending jurisdiction to age 25 would provide more time to get youthful offenders to get the treatment and supervision they need, while also monitoring the progress they are making.
  • Making it a felony for unlawful possession of a firearm for people under 19 to have any guns, including rifles, and not just handguns. Right now, it is illegal for anyone under the age of 19 to be in possession of a handgun. However, it is not illegal for anyone under the age of 19 to possess an assault rifle. The law would be updating language from “handgun”to “firearm,”which will include assault rifles. Bregman is also proposing to increase the penalty for this crime from a misdemeanor to a fourth-degree felony.
  • Moving a person to an adult facility once they reach the age of 18.  Bregman believes that when a juvenile convicted of a violent crime turns 18, they should go to an adult facility because he does not want an 18-year-old in custody with a 13-year-old.
  • Remove the use of the “Risk Assessment Tool” to determine if a child is to be detained and allow prosecutors to file charges without having to first consult the juvenile probation office. Bregman said detention risk assessments also often stand in the way of holding young people who have been arrested, adding the assessments fail to give judges enough discretion and law enforcement officers enough credit as people with firsthand knowledge of a crime.  Bregman said this:  “I say that if a police officer determines that that person needs to be arrested at the time, they need to be booked into the [detention center], and within 24 hours or so, a judge needs to hear and determine whether or not that person should be detained pending adjudication of the charges”.
  • Unsealing juvenile records during certain court hearings proceedings. This would consist of removing the secrecy laws that seal juvenile records from public review for the most serious offenders. This would allow juvenile records to be used during any adult conditions of release or sentencing hearing without having to obtain a court order to unseal the records. Every judge has the right to know and consider if the person in front of them has a violent past when determining conditions of release or sentencing. This change would allow for additional information to be heard and considered and will ultimately promote public safety.
  • Requiring judges to preside over juvenile detention hearings.
  • Grant judge’s discretion on the length of probation or commitment terms based on  a juvenile’s history.

LEGISLATURE PUSHBACK

The governor has faced major pushback from lawmakers in her own party for her public safety ideas before. Last year, the Governor called a special session to deal with and enact specific public safety legislation. The special session lasted one day and not a single bill she proposed was enacted.  Lujan Grisham said many bills have been improved since a special session last summer. The Governor said this:

“What came to light is none of us, including my office, were really looking at the data about what was happening in our communities.”

It is more likely than not all public safety measures will have to survive the Senate Judiciary Committee, where Democrats have repeatedly shot down public safety bills dealing with pretrial detention where defendants charged with serious felonies be held until trial.  Opposition has been over constitutional concerns.

New Mexico State Senate Judiciary Committee Chairman Joseph Cervantes, Democrat from Las Cruces, has been the biggest impediment to enactment of public safety measures to reduce crime.  Over the past 3 legislative sessions in particular, many public safety measures such as gun control measures and pre-trial detention measures to jail defendants until trial have been referred to his committee only to be voted down. Cervantes has said this in reaction to the city’s high crime rates:   

“High crime rates are an Albuquerque problem. …  I’ve said for years, with lots of opposition, that Albuquerque crime is attributable to an utter lack of accountability and leadership, and outright corruption, which the public and media tolerate. No new laws can solve this.” 

The governor suggested lawmakers should consider enacting  a number of  proposals into one massive public safety bill known as an omnibus crime bill. Lujan Grisham said this:

“Maybe the benefit of those debates for those years, allows New Mexico not to nibble again at the edges and do one or another, but an omnibus package, which we haven’t done, I don’t think in decades. You know what? I’ll take that 1,000% of the time, because that will erode this crisis and do something about it faster than one or two pieces of legislation at a time.”

Legislative leaders have confirmed they want to get through major public safety proposals in the first 30 days of this session. However, there has been no mention of and omnibus package.

COMMENTARY AND ANALYSIS

This year, Democrats have a commanding 43-26 majority in the House and a 26 to 16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing. Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives remaining to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.

If there was ever a realistic chance for the New Mexico Legislature to enact major public safety measures, 2025 is the year to do it. Lujan Grisham will have only one more Legislative session before she leaves office, but the 2026 session is a “short session” of 30 days and primarily focused on budgetary matters.  Democrat House and Senate leadership need to reach out to the Governor and ask for her support on all public safety legislation and get assurances she will sign it and not veto it in the end, otherwise they are wasting a lot of time.

Links to quoted or relied upon news sources are here:

New Mexico Gov. unveils sweeping public safety proposals

https://www.abqjournal.com/news/article_c7304700-ddab-11ef-bc9f-d3f95f99f6ac.html#tncms-source=home-featured-7-block

https://www.kob.com/new-mexico/state-lawmakers-focus-on-public-safety-plan/

https://www.abqjournal.com/news/article_c7304700-ddab-11ef-bc9f-d3f95f99f6ac.html#tncms-source=home-featured-7-block

https://www.manisteenews.com/business/article/new-mexico-governor-sets-priorities-for-20047957.php

 

NM Supreme Court Issues “Order To Show Cause” To Defense Attorney Clear To Show Cause Why He Should Not Be Held In Contempt Of Court And Disciplined For His Role In APD Bribery Scheme To Dismiss DWI Cases; Filing Comes Days After Federal Judge Issues Order To Show Cause To Clear 

On  February 3, the New Mexico Supreme Court issued an “Order to Show Cause” to prominent DWI criminal defense attorney Thomas Clear, III. Clear is being ordered to show cause by the NM Supreme Court why he should not be held in contempt of court and disciplined for his alleged nefarious conduct in the racketeering, bribery and kickback scheme to law enforcement officers to get DWI cases dismissed. The bribes were given in exchange for referring clients to Clear and helping Clear to get the criminal charges dismissed in court. The bribes were in the form of cash, money orders, gifts, trips or free legal advice. The officers alleged to be involved are  with the Albuquerque Police Department (APD), the Bernalillo County Sheriff’s Department (BCSO)  and the New Mexico State Police Department .

The New Mexico Supreme Court has licensing authority over all lawyers licensed to practice law in the State. The New Mexico Supreme Court’s Order to Show Cause is essentially identical in nature  to the one filed just days before by Chief U.S. District Judge Kenneth Gonzales. Clear has practiced in both federal and state courts over the last two decades. Clear has not been criminally charged nor has he  said anything publicly to address the allegations since the FBI executed search warrants a year ago at his law office.

16-804 of the New Mexico Rules of Professional Conduct entitled Misconduct, states:

“It is professional misconduct for a lawyer to:

  • Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another;
  • Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
  • Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
  • Engage in conduct that is prejudicial to the administration of justice;
  • State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or N.M.R.A. 16-804.”

The New Mexico Supreme Court is giving Clear until February 10 to show cause, in writing, why he “should not be subject to discipline, up to and including suspension” for his alleged conduct. Chief U.S. District Judge Kenneth Gonzales has given Clear  30 days to respond in writing, and two weeks if he is charged with a crime.

FEDERAL INVESTIGATION

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III.  All  those targeted with a search warrant are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to the main witness’ credibility being called into question which in all the cases are APD officers.

The bribery and conspiracy investigation has evolved during the last year into  the largest corruption case in APD’s history. A total of 12 APD Police officers have been implicated in the scandal. Seven have resigned during the Internal Affairs investigation, 3 are on paid leave and one has been terminated. One by one, the accused Albuquerque police officers have been turning in their badges and resigning rather than talking to Internal Affairs investigators about their involvement in the  scheme to dismiss DWI cases.

On January 24, Bernalillo County Sherriff John Allen announced that one BCSO deputy implicated was immediately placed on administrative leave.

The New Mexico State Police has not announced if any State Police Officer has been placed on leave in that  no State Police Officer has yet to be identified as being involved in the bribery and conspiracy scandal.

MENDEZ CRIMINAL INFORMATION AND PLEA AGREEMENT

It was on January 24 that a federal criminal Information charging document was filed by the United States Attorney identifying and charging only one person, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III. Mendez plead guilty to all the charges on the same day the criminal Information was filed. The 8 count Criminal Information charges one count of Racketeering under the federal Racketeer Influence and Corrupt Organizations Act (RICO), 5 counts of Bribery of an Agent, 1 Count of Interference With Commerce by Extortion Under Color of Official Action, Aiding and Abetting and 1 Count of Conspiracy To Commit Interference With Commerce By Extortion.

According to the criminal Information filed, Mendez  and officers and deputies at APD, BCSO, and the New Mexico State Police worked with at least two private defense attorneys in a “DWI Enterprise” to ensure drunk driving suspects would get their cases dismissed in exchange for bribes consisting of cash, money orders, gifts, trips or free legal services.  No attorneys and no  APD, BCSO nor State Police Officers were named in the charging document nor have they been charged separately to date.  The FBI and US Attorney say the investigation is ongoing and charges will be filed against others when the investigation is completed.

In his Plea and Disposition Agreement, Ricardo “Rick” Mendez admitted he helped orchestrate the scheme with law enforcement officers who would refer arrested drunken drivers to Mendez and defense Attorney Thomas Clear, III. Mendez admitted that he subsequently helped Clear get the cases dismissed in court. The suspects would pay higher than usual legal fees to Clear, and the officers received cash, gift cards, free legal services and other financial gain in exchange for not filing criminal charges  or missing DWI hearings.

The links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_86aca9da-e28d-11ef-8fd3-4f512fc126ab.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-new-mexico-supreme-court-dwi-scandal/63657743

https://www.krqe.com/news/albuquerque-metro/new-mexico-supreme-court-issues-order-for-attorney-thomas-clear/

COMMENTARY AND ANALYSIS

The filing of “Order To Show” pleadings by both the New Mexico Supreme Court and Chief U.S. District Judge Kenneth Gonzales were done “sua sponte”, meaning on their own initiative without any prompting by any source or party to litigation. Both actions are truly remarkable and unheard of in their own right. The court’s actions reflect, as they should, just how serious the federal and state courts take attorney nefarious or criminal conduct that cannot be tolerated at any level.

Criminal Defense Attorney Thomas Clear, III, has not been formally charged with any crime nor has he been found guilty of any crime. A “Co-Conspirator 1” is identified  in the federal criminal Information charging Clear’s investigator and  para legal Ricardo “Rick” Mendez with racketeering, bribery and conspiracy in the kickback scheme.

Based on the admissions and guilty plea contained  in the January 24 Plea and Disposition agreement,  Mendez  has identified  Thomas Clear, III as Co-Conspirator 1”.    Both Courts are confronting Clear with the allegations  and demanding  explanations of his involvement.  For that reason, its more likely than not that Clear will respond to both the Court’s Order to Show orders by asserting his 5th Amendment constitutional right against self-incrimination and demand due process of law. In particular, its likely Clear will tell both courts he has not been charged, he has not been found guilty of any crime and that neither court can impose discipline until he is charged and found guilty. Both court’s will have to decide if they have enough evidence to go forward with discipline including but not limited to suspension or disbarment from the practice of law.

After over a year of front page news and investigation by the FBI and the Department of Justice, it was a major disappointment, but not at all surprising that federal charges for government corruption have yet to be brought against any of the identified law enforcement officers implicated in the scandal nor any of the attorney’s involved. The US Attorney’s office has a reputation of being overly cautious in bringing criminal charges, especially against law enforcement.

The blunt truth is that U.S. Attorney’s Office has done a major disservice the citizens of Albuquerque by not indicting nor charging any of the law enforcement implicated nor the attorneys alleged to be involved.  After over a full year investigation, its likely the US Attorney’s office and the FBI  have more than enough to proceed with charges and more than enough evidence to secure convictions,  with the cooperation of Ricardo “Rick” Mendez, yet the public is told stay tuned.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved, yet no charges have been filed against law enforcement officers suspected of taking bribes nor the attorneys.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are also held accountable.  That will only happen when there is aggressive prosecutions and convictions, the police officers are involved are convicted  and they lose their law enforcement certification and disbarment occurs with the attorneys involved in the RICO “DWI Enterprise”. The Order To Cause proceeding filed by both courts  are  a first  good step.

Chief US Federal Judge Orders Defense Attorney Clear To Show Cause Why He Should Not Be Held In Contempt Of Court And Disciplined For His Role In APD “DWI Enterprise” Bribery Scheme To Dismiss DWI Cases; Clear’s Suspension Or Disbarment From Practice Of Law Real Possibility; United Sates Attorney Should Have Indicted All Involved With “DWI Enterprise”

ABQ Journal Dinelli “Local Columnist” Column: “DWI Bribery Scandal Has Tarnished Our Criminal Justice System”; Links To Related Articles On Defendant Pleading Guity To DWI Bribery Scandal And Federal Judge Seeking To Hold Defense Attorney In Contempt Of Court For Role In “DWI Enterprise” Bribery Scheme  

The Albuquerque Journal has made major changes to its Editorial Opinion Page. The paper now features 5 types of opinion columns submitted for publication: those by the paper’s Editorial Board, those by the paper’s Community Council, those by Syndicated Columnists, those by Local Columnists and those by Local Voices.  “Local Columnists are tasked with carrying a heavy load of responsibility to help readers scrutinize issues impacting them, their community and their country. It is the Journal’s goal to publish columnists from all walks of life and varying political viewpoints to give readers exposure to all sides of local issues.”

On February 2,  the Albuquerque Journal published on its OPINION page the below “Local Columnist” guest column:

HEADLINE: “DWI Bribery Scandal Has Tarnished Our Criminal Justice System”

BY PETE DINELLI, LOCAL COLUMNIST

After over a yearlong investigation by the FBI and the U.S. Department of Justice, a central figure who coordinated bribes with law enforcement to dismiss DWI cases has pleaded guilty to racketeering charges. Albuquerque Police Department (APD), Bernalillo County Sheriff’s Office (BCSO) and State Police officers have been implicated, but none have been charged.

A major disservice has occurred to the public by not charging the APD officers implicated, with only a promise of charges to come.

The U.S. attorney and the FBI should have more than enough evidence to indict and secure convictions. The current U.S. attorney for New Mexico, Alex Uballez, will likely be fired by President Donald Trump and it could take months to replace him. The decision to go forward will now be left to the next U.S. attorney, who could easily decide not to pursue prosecutions.

Mayor Tim Keller and Police Chief Harold Medina have been in a full political spin cycle of “pivot, deflect and blame” since the news broke and since the City Council accused them of failed leadership in dealing with the scandal.

Medina blamed the District Attorney’s Office for a failure to advise the APD when officers did not appear for court. Medina falsely accused the public defender’s office of being aware that Public Defender Commission chair Tom Clear was involved with nefarious conduct, and that the public defender’s office did nothing.

Both Keller and Medina admit that the alleged APD bribery scandal went on the entire time they have overseen the APD, but they never detected it. Both admit that only after they found out that the FBI was investigating the APD that the decision was made to initiate a city criminal and internal affairs investigation and to proclaim cooperation with the FBI.

Medina’s admissions come from a chief who claims he has never looked the other way at police corruption. Keller and Medina both looked the other way on documented corruption involving overtime pay abuses by police officers. There have been seven audits in eight years documenting corruption, waste, fraud and abuse in police overtime, with one audit done by then-New Mexico State Auditor Tim Keller.

APD Chief Medina says the bribery is “generational” going “undetected” for 20 years. Medina has been part of APD’s “generations” of cops. Medina retired from the APD in 2014 after 20 years of service.

Seven years ago, Medina returned to APD as the deputy chief of the Field Services Bureau.

Medina knew, or should have known, what was going on within the DWI Unit. One of the APD officers involved in the bribery has said Medina knew what was going on but did nothing to stop it.

Medina was given notice of the bribery as late as December 2022, but he did nothing for a full year.

APD is viewed as having a bastion of “dirty and corrupt cops,” who have brought dishonor to their department and their badge and to the department’s professed values of “pride, integrity, fairness and respect.”

The DWI bribery scandal has shaken the public’s faith in our criminal justice system. Now the public is learning that BCSO and New Mexico State Police officers may also have been involved.

The only way faith can be restored in the APD, and law enforcement, will be when the police officers and the lawyers involved are held accountable. That will only happen when there are aggressive prosecutions and convictions.

Keller is seeking a third four-year term as mayor. The APD bribery scandal calls into question Keller’s management of the APD — after all, he appointed the chief of police — and if he should be elected to a third term.

Pete Dinelli is a former Albuquerque city councilor, former chief public safety officer and former chief deputy district attorney. You can read his daily news and commentary blog at www.PeteDinelli.com.

The link to read the Albuquerque Journal guest column is here :

https://www.abqjournal.com/opinion/article_39c327dc-ddcb-11ef-9d4f-474ec6d25720.html

The links to 2 related Dinelli blog articles are here:

Feds Accuse APD, BCSO, State Police Of Racketeering In Bribery And Conspiracy Scandal To Dismiss DWI Cases; One Man Pleads Guilty To Charges Outlining Scheme; Charges Against Law Enforcement And Private Attorneys Still Pending; APD’s “Generational” Corruption

 

Chief US Federal Judge Orders Defense Attorney Clear To Show Cause Why He Should Not Be Held In Contempt Of Court And Disciplined For His Role In APD “DWI Enterprise” Bribery Scheme To Dismiss DWI Cases; Clear’s Suspension Or Disbarment From Practice Of Law Real Possibility; United Sates Attorney Should Have Indicted All Involved With “DWI Enterprise”

 

Jaemes Shanley Guest Opinion Column: A Mark Twain Neighborhood Perspective Of Albuquerque

Jaemes Shanley is a resident of the Mark Twain neighborhood located in the mid heights. He first arrived in Albuquerque in August 1969, after graduating High School in England, to attend UNM from which he graduated in 1973. His parents followed a year later, and his father retired in Albuquerque after a 30 year career as a US Naval aviator.  In 1971 they purchased a home in the Mark Twain neighborhood where they resided for the remainder of their lives. Jaemes worked a lifetime in the private sector in sales and marketing for various corporations in the United States, Australia, and Japan. His worked required extensive travel throughout Asia Pacific and Latin America routinely on the ground in more than 30 countries. Jaemes and his wife returned to Albuquerque in September 2006 to renovate and take up residence in his parent’s Mark Twain neighborhood home where they reside today, becoming actively involved with Neighborhood Associations.

JAEMES SHANLEY GUEST OPINION COLUMN

EDITOR’S DISCCLAIMER: Following is a guest opinion column written by Jaemes Shanley.  The editor has added section  headlines to assist readers.  The opinions expressed in this guest opinion column by Jaemes Shanley do not necessarily reflect those of the  www.petedinelli.com blog. Mr. Shanley gave consent to publish his guest column and he was not compensated for it. The guest column is being published as a public service announcement to educate citizens of Albuquerque and neighborhood associations.

A MARK TWAIN NEIGHBORHOOD PERSPECTIVE OF ALBUQUERQUE

Before the social media revolution, neighborhoods were the anchoring secular bedrock of community in America. They reflected and reinforced shared values, security, and above all, respect for the ownership or occupancy of property. They influenced, supported, and were supported by surrounding businesses. Children could be raised, play on its sidewalks and streets, and walk to and from school or bus stops.  Property owners invested effort and money in the maintenance and improvement of their property with reasonable assurance the value of the investment would accrue to a stable if not increasing real estate valuation. Neighborhood streets were the “media” of face-to-face social interaction.

I live in the Mark Twain neighborhood, part of what is often referred to as the near northeast heights.  When my parents acquired the house that is now my home the area was an iconic manifestation of an American polity and economy anchored in the expectation and realization of upward mobility.  After 30 years of the nomadic military life, my parents reveled in the interaction and relationship formation the neighborhood offered, including an enduring decades long friendship with near neighbors Manuel and Jean Luhan who were residents here the entirety of his U.S. Congressional and Cabinet career.

My business travel through midsize towns of Ohio and Indiana in the early 2000’s alerted me to a troubling visible decay occurring in this country, but it was surprising and alarming to see it taking root in parts of Albuquerque a decade later. Over the past ten years anyone driving along many of our main corridors has witnessed scenes and sites of destitution and desperation that defy any cognitive reconciliation with the notion we live in the richest and most powerful nation on earth.  In too many neighborhoods, including mine, a drive is no longer necessary to witness this stark visible contradiction of the national self-image I have held as an American all my life.  At best it is only blocks away.  At worst it can be seen on the sidewalk in front of my house. I had to travel to Mumbai India in 1994 to witness for the first time the kind of squalor and poverty I can now see in vast swaths of Albuquerque.

This is not the product of change in my neighborhood’s residential demographic and properties.   It is the effect of an unchecked tide of downward mobility and economic marginalization within Albuquerque’s population, expressed in a steadily growing “community” residing on our streets, unanchored by neighborhood attachment, and characterized by subsistence level living, vagrancy, desperation, addiction, and, often, criminality.  The most pronounced direction of that wave has been from the southeast International District toward us. In addition to frequent vagrancy and incidents of crime in the neighborhood, the irrefutable evidence of these changes can be seen in the nature and targeted clientele of surrounding businesses.  

THE EVOLUTION OF FAIR PLAZA SHOPPING CENTER

Fair Plaza Shopping Center, positioned at the northwest corner of Lomas and San Pedro, was once a top tier boutique-like destination with Baskin-Robbins, locally owned Book Store, Gift Shop & Florist, an Imports emporium, a Wine Bar frequented by local residents, and upscale Smiths supermarket. To gain a sense today of what Fair Plaza was like 20-30 years ago, visit Mountain Run Shopping Center located on far north Eubank Blvd.  Fair Plaza today is a destination catering largely to the economically challenged.  As it draws an increasing proportion of its clientele from the food desertified areas to the southeast, the Smiths supermarket is defeatured in products offered compared to other Smiths supermarkets and it anchors a collection of businesses that cater not to the economic middle class but to the economically distressed bottom end of extreme inequality, including the unhoused. 

The boutique-like businesses are gone and replaced by a Goodwill Depot, Family Dollar, RAC Rent-to-own Center, Safe House Thriftique, an anonymous unsigned homeless food support facility, a model railroad display, basic nail & hair salons and multiple vacant spaces.  The corner gas station is now a windowless fortressed Stripes drive thru.  Similar trends can be seen among business locations along both Lomas and San Pedro.  Many of the once luxury apartment complexes on Louisiana between Lomas and I-40 have become low cost, often short-term rental accommodation.  As the commercial and alleyway periphery of the neighborhood has become increasingly the domain of vagrancy, drug-dealing, and worse, local businesses are failing, fleeing, or closing.

COMMERCIAL COORIDORS PROTECT NEIGHBORHOOS

Commercial corridors surrounding neighborhoods are more than a collection of services and suppliers.  They are also a protective “membrane” that encloses and, to a degree, protects and defines the borders and identity of neighborhoods.  The reconstitution of our nation’s retail economy over the past two decades, especially from concentration into big box enterprises and online shopping, have been powerful and effective forces eroding the viability of many categories of small business. With their “immune systems” already undermined, they are seriously under protected from the impact and customer repelling effects of being surrounded by or trespassed upon by the vagrant or encamped homeless, a percentage of them impaired by addiction, who too often are the source of further incursions onto residential private property, often with vocal harassment, indiscriminate littering and fires, petty theft or vandalism, and occasionally escalating to serious crime or violence.

Many of us who reside here in Mark Twain have had personal experience of this. If not witness to shootings, dead bodies in alleyways, or, most recently, a middle-of-the-night shooting/murder at Mountain and Georgia NE, we are certainly aware of them.  Residents of Mark Twain have reason to feel “under siege”. Seeing the more advanced effects of this street homelessness crisis in other areas of Albuquerque, like the International District “war zone”, residents talk of selling and relocating to gated enclaves or safer neighborhoods on the west side of Albuquerque. We can reasonably fear a “hollowing out” of Mark Twain in which property values plateau independent of the overall market and then start an inexorable decline. 

There is no justification to be tolerated for this possibility. The construction and maintained quality of homes in the neighborhood, its proximity to UNM, major hospitals, downtown Albuquerque, the freeways, and Uptown, Winrock, and Coronado shopping centers should preserve the value and attractiveness of homes in the Mark Twain neighborhood now and for future generations.

YARDSALE INTERACTION REVEALS ANGST AND FRUSTRATION

This is the context in which I conducted a yard sale at my house in early November, as a resident aware of and concerned about what was going on, but living, even if disapprovingly, in the cocoon of my own property and interaction with immediately adjacent neighbors, paying more attention to national politics than local affairs.

Over the course of two weekends, I encountered and conversed with a variety of fellow Mark Twain residents I had not previously met. The levels of angst, frustration, and resentment I heard from them at the seeming inaction to address the blight on our borders was head snapping. I subsequently joined a small group to spearhead an organized effort through the Neighborhood Association to specifically address the dissolving of safety and security.

MAYOR KELLER’S CONSTRUCTIVE CONVESATION EVENTS

Last November that seemed a daunting, if not quixotic quest. We had a sense that City government, including APD, were overwhelmed and ineffective at tackling this issue.  Starting out in Don Quixote mode the initiative quickly morphed into a kind of Alice in Wonderland as I tumbled down, aimless and uneducated, into the rabbit hole of civic engagement.  Fortuitously, the Mayor’s office announced at this time a series of Constructive Conversation events focused specifically on the “homeless” crisis.  I entered the Convention Center on December 7th for the first of these feeling dubious and cynical.  I came away surprised and impressed by the scope and specificity of initiatives and the measurable advances being made. A broad and costly ($57 million annually) effort is being made by the City, in concert with an array of non-Profits and teams of concerned citizens to get people off the streets and offer a navigated path to recovery and restoration of secure and purposeful life.  

I was gratified to experience the willingness of the Mayor and his team to reach out, engage with and earnestly discuss the issue in all its dimensions with members of the community.   Attending a second event a week later confirmed my impressions but the most important takeaway was Mayor Keller’s forthright acknowledgement. Mayor Keller said this:  

“We’re acting with urgency, but what the City can do alone is not enough.  We are inviting everyone to come to the table, pool our resources and turn the tide on homelessness.” 

I soon came to realize what he meant.  In the following weeks, seeking knowledge and insight as a basis for future action, I engaged with the District 7 Coalition of Neighborhood Associations,  the Inter-Coalition Council (of Neighborhood Associations), City Council (and my District Councilor), the Transformative Neighborhood Planning Group, StrongTownsABQ, NM Coalition to End Homelessness and the Point In Time count and survey of street homeless in the city, and spent half a day riding the full route of the ART.  I am, at this stage relative to the complexity of the street homelessness problem, a graduate from kindergarten into first grade. 

PLIGHT OF CITY’S HOMELESSNESS

The plight of Albuquerque’s homeless merits empathy and screams for radical and sustained remedial action.  It is far too easy to be appalled at distance and forget that each unhoused person in our city is a human being who has a story. While it might be excruciatingly uncomfortable, we would all benefit in our capacity to understand and address this tragedy if we could, even mentally, walk a mile in their shoes.  Apart from the evident misery, anyone who has, like me, witnessed up close over three decades the extraordinary transformation of a third world nation of 1.4 billion people into a first world rival superpower knows we in the United States have no spare human potential to waste. With all the attention the issue commands it is evident the “pooling of resources and coordination of parties at the table” to make transformative progress in Albuquerque has yet to occur.

A MOSAIC OF NEIGHBORHOODS

The City of Albuquerque is a mosaic of neighborhoods, each one defined uniquely by a degree of commonality in attributes historical, aesthetic, and socio-economic; not homogenous, but imbued with a capacity for connection.  If any of the pieces of the mosaic are degraded by the rupture and destabilization of incursion or occupation by elements alien to a neighborhood’s common attributes and aspirations, be they criminals, gangs, or homeless encampments, then the total picture of Albuquerque as a city is tarnished and blighted, enough to discourage not only current residents but also the potential relocation here by professionals and specialists the City may (almost certainly will) need.

An explosion of street homelessness should not / must not oblige neighborhoods to surrender their freedoms, as responsible property owners and residents who wish to live in safety, privacy, and harmony, to the irresponsible and unrestrained freedom of others to infringe upon neighborhood residential and commercial property, spaces, and safety.  We can see in other parts of Albuquerque what such surrender looks like.  When neighborhoods are “lost” to this issue, everyone suffers.   As the tax base of residential property, adjacent retail premises and area economic activity erodes, the City cannot depend upon its replacement via extended urban sprawl toward its outer edges.   The problem will follow, as even residents on the western edge of Corrales are now experiencing.

The City’s Neighborhood Association Recognition Ordinance (NARO) and various clauses of the Integrated Development Ordinance emphasize and codify the essential role of neighborhoods in the life and direction of the City.  It is time for them to be a more assertive voice and contributor at the table as Albuquerque grapples with the issue of street homelessness. 

A Neighborhood “Bill of Rights”

  • A neighborhood is a collective extension of the rights and freedoms that apply to the individual property owners and residents of which it is comprised.
  • As an aggregate of tax and rate payers, the neighborhood collective is entitled to expect from City, County, and State officials the delivery of services that include basic security and safety from harmful incursion by individuals who are not members of the neighborhood.
  • The public spaces within the neighborhood, including sidewalks, alleyways, and parks, should be freely and safely accessible to members of the neighborhood, including children, and should be free of vagrants, encampments, and the refuse thereof.
  • Vehicle transit from arterial roads through the neighborhood should be safe and reasonably quiet. Compliance should be reinforced as necessary with stop signs, speed bumps, or roundabouts.  Residents should be able to report violators to agencies of public safety with an expectation of redress.
  • Residents of the neighborhood should, to the best of their ability and means, support those adjacent businesses that reflect and/or serve their values and interests.
  • Businesses adjacent to the neighborhood that do not reflect or serve the interests or values of neighborhood residents should not expect their patronage. Those that directly or indirectly operate contrary to the welfare, harmony, and safety of neighborhood residents should be actively opposed and reported for violations of public wellbeing.

THE MISSION OF NEIGHBORHOOD ASSOCIATIONS

It should be the priority MISSION of Mark Twain Neighborhood Association, and others similarly affected, to:

a). Engage with and join the chorus of representative voices demanding City, County & State government prioritize resources to effectively reduce linked issues of Homelessness, Addiction, and Criminality

b). Organize and activate to be a viable and visible template for positive Neighborhood Association influence in the community

c). Be an “always on” resource for residents to be comprehensively and non-politically informed of issues and initiatives that impact them as members of the neighborhood and residents of Albuquerque

AN AGENDA NEEDED TO AMPLIFY ENGAGEMENT

[A Neighorhood Association] Agenda [Is Needed] to Amplify Internal Engagement [And] External Influence.  [The agenda would]:

  • Maximize the “voice” – form or extend Associations to embrace the full community within their boundaries
    1. Leverage the experience and model of existing effective NA’s in Albuquerque
  • Activate neighborhood association websites as a primary platform for residents to be kept aware continually of issues, actions, events, options, and resources.
    1. Reflect neighborhood unique positives and potential
    2. Objective reporting of issues of concern
    3. Offer free advertising/endorsement of “good” local businesses to the neighborhood community
    4. Incorporate a neighborhood “Angi’s List”-like endorsement of businesses and services based in the neighborhood and/or with which neighbors have had great experience.
  • Establish a social media account (ie. Facebook) exclusive to neighborhood residents where incidents, issues and events can be reported and discussed in real time. Moderate & manage it with the care and responsiveness of a good corporate customer support center.
  • Fully connect the neighborhood via the Neighborhood Association with APD Crime Prevention and reporting programs like Neighborhood Watch or Neighborhood Patrol
    1. Use as the “official conduit” for reporting and logging contacts to public safety (ie. Police, ACS, Fire Dept.) authorities
    2. Coordinate dissemination of “public safety/security” information to residents (via website, social media, email)
      1. Incident reports
      2. Compile and share a database of incidents experienced by residents
  • [Make] home security measures recommendations and endorsements
  • Engage with the District Neighborhood Association Coalition to keep it aware of neighborhood priorities and initiatives and to learn from adjacent N.A.’s.
  • Reach out to community focused media to generate awareness of Neighborhood rights and violations thereof
    1. TV news
    2. Radio news
    3. Newspapers & newsletters
    4. Blogs
    5. Social media
  • Be timely and assertive with “claims” and requests to City Council, Mayor’s Office, Police & ACS, Bernalillo County, Attorney General’s Office etc. on issues of concern to the Neighborhood
  • Connect and engage with organizations and coalitions beyond the District (ICC, StrongTownsABQ, NMCEH, etc.) which are actively working on the street homelessness problem.
  • Advocacy / voter mobilization for non-ideological common sense local government ordinances and initiatives.
  • Support neighborhood residents with “neighborly information kits” and sharing of resources to maximize security, residential quality of life, and property values
    1. Camera systems, security doors, alarm systems etc.
    2. Energy efficiency
    3. Experiences with green transitioning (solar panels, heat pumps, appliances, etc.)
    4. Landscaping / tree pruning etc.
    5. Volunteers available for ride sharing (for medical, voting etc.)
    6. Assistance for elderly or infirm (heaving lifting, weeding/yard work etc.)
    7. Emergency & community support contacts

The time to start was actually quite a while ago, before so many of our streets became blighted and so many of our small businesses were driven under, when driving Central Avenue still conveyed a sense of travelling along historic Route 66. 

It’s not too late. Coordinating effort and direction among the very large number of passionate, gifted and actively committed people who are “on the case”, like those I have encountered so far in my journey down the “rabbit hole”, to protect, polish, and restore all the pieces in Albuquerque’s extraordinary mosaic is an effort the city needs and deserves.  We should remind ourselves and each other that each piece of that mosaic is a Neighborhood with a voice that must matter.

POSTSCRIPT

Links to two blog articles of interest

A Brief History of Downtown Albuquerque: 1952 to 2019

https://www.petedinelli.com/2019/03/29/a-brief-history-of-downtown-albuquerque-1952-to-2019/

A Brief History of Uptown Albuquerque: 1952 to 2019

https://www.petedinelli.com/2019/04/23/a-brief-history-of-abq-uptown-1952-to-2019/