On August 3, 2018, five adults were arrested after a raid on a remote, squatter ramshackle compound.

Each defendant was charged with 11 counts of felony child abuse.

Eleven children ages 1 to 15 where found at the compound who appeared to be malnourished and were taken into custody by Children’s Youth and Family’s Department.

The buried remains of a child, who has now been identified as the son of one of the defendants, were also found on the compound.

The state Office of the Medical Investigator (OMI) is still investigating to determine the child’s cause of death and an autopsy report has not been released.

The Taos County Sheriff has charged two adults with a first-degree felony of “child abuse resulting in death” that carries a possible life sentence.

https://www.abqjournal.com/1213074/felony-charges-for-taos-suspects.html?fb_action_ids=1889820804485595&fb_action_types=og.likes

At the August 13, 2018 bond release hearing, District Court Judge Sarah Backus ruled that the defendants could be released once they posted an unsecured $20,000 bond because the District Attorney did not provide enough evidence that they were a danger to the community.

As a condition of release, the defendants were required to find living accommodations, they have been unable to do so and all are still in jail.

The Taos District Attorney’s Office also has filed a motion to have Taos District Court Judge Sarah Backus reconsider her bond ruling which is no surprise and is the appropriate action.

A preliminary hearing will now be scheduled on the Sheriff’s charges of first-degree felony of child abuse resulting in death.

A hearing will be scheduled on the motion to reconsider the bond.

COMMENTARY AND ANALYSIS

It is obvious that the Taos County Sheriff and the Taos District Attorney are trying to get their acts together on this very high-profile case that has attracted national media attention.

The fact the Taos County Sheriff has now charged two adults with a first-degree felony of child abuse hopefully indicates the Taos County Sheriff has significantly more evidence recovered from the compound before it was demolished.

No explanation has been given why a crime scene was demolished without a court order.

Let’s hope investigators took a lot of photos to at least try and preserve some evidence of crimes at the campground.

No doubt the defense will argue exculpatory evidence has now been demolished.

The Taos District Attorney stated that before his office charges anyone with murder of the child, they wanted the Office of the Medical Investigator (OMI) to complete its investigation to determine the child’s cause of death.

The OMI report has not been released yet.

The child’s body has already been returned to his home state with a burial having occurred.

Needless to say, a lot more needs to be done by both the Taos County Sherriff and the Taos District Attorney before the preliminary hearing is held by the District Court to decide probable cause to charge murder.

One argument made by the District Attorney at the first August 13, 2018 bond hearing was that all the defendants charged are required to travel to Mecca, in Saudi Arabia, once in their lifetimes.

In response to reference to the defendant’s faith, the court stated:

“The State apparently expected the Court to take the individuals’ faith into account in making such a determination … The Court has never been asked to take any other person’s faith into account in deciding of dangerousness. The Court is not aware of any law that allows the Court to take a person’s faith into consideration in making a dangerousness determination.”

In the Motion to Reconsider Conditions of Release filed on August 25, 2018 the Taos DA’s Office is making for a second time the same inflammatory allegation regarding the Defendants faith with the motion arguing:

“The Court in this case should have considered the evidence that these Defendants’ particular views concerning their faith required them to commit violent illegal acts at some unknown time in the future, to attack law enforcement personnel with firearms if such personnel came to their compound, and that they were currently taking active steps to train for that purpose.”

The Defendant’s faith is Muslim, and by alleging that their religious faith “required them to commit illegal acts at some unknown time in the future” is being inflammatory and prejudicial when there is no need to be when there is so much evidence revealing a danger to the public.

The District Attorney is arguing it was the defendant’s religion that was the motivating factor for their conduct to commit “violent and illegal acts” something that is going to be very difficult to prove in a court of law.

The defendants are of the Muslim faith and as such follow the teaching of the Koran.

It was reported that during the August 13, 2018 bond hearing an FBI agent testified that he was told that the children were undergoing firearms and tactical training to attack “corrupt” institutions that would be identified by the dead boy, who was to be resurrected as Jesus Christ.

It is going to be difficult or at best problematic for the District Attorney to explain to a judge or jury how the Defendant’s Muslim faith had anything to do with their motivations of child abuse and murder if their intent was to raise from the dead the child as Jesus.

Do not be surprised if the defense argues that the defendants are being prosecuted for their religious beliefs as opposed for the alleged crimes they have committed.

None of the 11 children who are in the state’s custody testified during the first August 13, 2018 bond release hearing and nothing has been mentioned if statements have been taken from them.

The New Mexico Constitution provides that defendants can be held in jail without bond before their criminal trial “only if prosecutors show by clear and convincing evidence that they are so dangerous that no release conditions will reasonably protect public safety.”

The minimum physical evidence reportedly found at the compound include:

1. An extensive arsenal of guns with no mention of the type of weapons found, books about combat an weapons training.
2. Eleven malnourished kids.
3. The body of a dead child found at the compound.
4. One defendant wanted on a kidnapping charge.
5. Admissions or statements presumably taken from the children made regarding their physical safety and threats made against them by the defendants.

No autopsy report has been released of the child found dead on the property and it should be released before the hearing on the motion to reconsider.

The 11 children who are now in the state’s custody are now part of the general public.

Nothing will prevent the defendants once released from trying to regain custody of the 11 children and exposing the children to further danger or child abuse.

Two of the defendants have now been charged with first-degree felony of child abuse resulting in death that carries a possible life sentence which no doubt will increase the chances of a flight risk.

The physical evidence found at the compound, the pending charges, statements from the 11 children in custody and the body of a dead child found buried at the compound should be more than enough to establish by clear and convincing evidence that Defendants are so dangerous that no release conditions will reasonably protect public safety.

Arguing or even mentioning the Defendants religious beliefs as a motivation for murder is a mistake.

The Taos District Attorney apparently has learned nothing from the first bond hearing before District Court Judge Sarah Backus by again arguing the defendant’s religious affiliation.

You have to be a lawyer to figure out what the hell is exactly going on in the case of the Taos 5 defendants who all have been charged with child abuse of 11 children. Taos District Judge Sarah Backus releasing five defendants on bond provided they could find local accommodations to live drew sharp criticism and credible threats of violence to the point the Taos County Courthouse was closed over the threats.

All 5 adults were arrested after an August 3 raid at a remote, squatter ramshackle compound. Each defendant was charged with 11 counts of felony child abuse. Eleven children ages 1 to 15 where found at the compound who appeared to be malnourished. The buried remains of a child, who has now been identified as the son of one of the defendants, were also found on the compound but an autopsy to determine cause of death has yet to be released.

None of the 5 defendants have been charged with the murder of the deceased child found. The District Attorney is waiting on determination of cause of the death before filing any charges in the death. The defendant’s charged all remain in jail unable to find local accommodations to live at with the compound demolished by authorities presumably with approval of the property owner.

Criminal defense attorneys for 3 of the defendants have filed motions to dismiss the child abuse charges against them arguing that a deadline was missed. The fact that the defendants were charged by criminal complaint or arrest warrant and taken into custody mandates that they be charged within 10 days by grand jury indictment or that a preliminary hearing be held to determine probable cause.

The defense attorneys main argument is that the District Attorney missed the 10-day deadline to hold preliminary hearings for the defendants still in jail to determine if there is sufficient “probable cause” to charge them with child abuse to proceed to trial.

For news coverage see:

https://www.abqjournal.com/1212332/3-compound-defendants-file-motions-to-dismiss-charges.html

Two of the defendants have yet to file any motion to dismiss and face different circumstances. One is a native of Haiti, told authorities she has been living in the Unites States illegally for 20 years and she was turned over to immigration and customs authorities. One defendant was being held under warrant out of Georgia for the alleged kidnapping of his 3-year-old son and who has been identified as the child found buried at the compound, but the warrants have now been dismissed.

https://www.koat.com/article/judge-dismisses-felony-extradition-case-suspect-faced-out-of-georgia/22816572

The Taos District Attorney argued during the bond hearing that the defendants are dangerous, in part based on statements from compound children who said they were being trained for armed attacks on corrupt educational and government institutions. Judge Backus at the bond hearing found no such evidence and set bond and conditions of release including they had to find living accommodations and wear ankle bracelets to monitor their location 24 hours a day.

An appeal of Judge Backus’ decision to allow the defendants out of jail is expected and the motions to dismiss are pending. In another development, a magistrate judge rescinded $5,000 cash-only bond for one of the defendants that had been imposed for criminal trespassing citations. The trespassing citations where seriously defective because they did not have a sworn affidavit alleging probable cause. The trespassing citations issued by the Taos Sherriff were “traffic tickets” with the words “Non-Traffic” written on top by hand.

LEVELS OF BURDEN OF PROOF

An explanation of the bond hearing and the escalating levels of burden of proof need to be elaborated upon to get through the confusion with what is happening with the Taos 5 defendants.

Under the United States Constitution, an accused is presumed innocent until proven guilty “beyond a reasonable doubt” in a criminal jury trial and are entitled to due process of law, no matter how heinous the crime. Further, any accused is entitled to be given an opportunity to post a bond and to be released from jail pending trial.The New Mexico Constitution provides that defendants can be held in jail without bond before their criminal trial “only if prosecutors show by clear and convincing evidence that they are so dangerous that no release conditions will reasonably protect public safety.”

The amount of bond is determined by a judge and the amount set is intended to insure the defendant’s appearance at hearings and trial. All too often, bond hearings, grand jury proceedings, preliminary hearings and criminal trials get confused by the general public on evidence required.

In our criminal justice system, there are 3 very distinct escalating levels of evidence that must be proven by the prosecution:

1. “Evidence of Probable Cause”,
2. “Clear and Convincing Evidence” and
3. “Evidence Beyond a Reasonable Doubt.”

The burden of proof in all three hearings is significantly different but always the responsibility of the prosecutors to meet. “Evidence of probable cause” is a lower level of proof required in preliminary hearings or grand jury proceeding to charge someone with a felony.

“Evidence of probable cause” is evidence presented showing it is more likely than not that a crime has been committed and the evidence provides enough grounds to charge but not to convict the accused. “Clear and convincing evidence” is the “medium level” of burden of proof standard and is more rigorous than “evidence of probable cause”.

In bond hearings such as the one involving the 5 Taos defendants, accused defendants can be held in jail without bond only if prosecutors show by “clear and convincing evidence” that they are so dangerous that no release conditions will reasonably protect public safety.

“Clear and convincing evidence” is evidence that is positive, precise and explicit, as opposed to ambiguous, equivocal, or contradictory proof, and which tends directly to establish the point to which it is adduced, instead of leaving it a matter of conjecture or presumption. Evidence of “probable cause” and “clear and convincing evidence” are less rigorous standard to meet than proving guilt by evidence beyond a reasonable doubt.

In criminal trials a defendant is presumed innocent until proven guilty “beyond a reasonable doubt.” “Beyond a reasonable doubt” is the highest standard of evidence in the criminal justice system. The test is one of reasonable doubt meaning the facts or evidence presented lead the jury to a unanimous vote and only one logical conclusion: that the defendant is guilty of the charges.

EVIDENCE PRESENTED AT BOND HEARING

During the bond hearing, the District Attorney offered no evidence of child abuse nor the physical condition of other children found. The District Attorney alleged that one of the adults was training children at the compound to attack “corrupt institutions,” which could include schools, law enforcement agencies and banks. As inflammatory and alarming the claim of terrorism was, no evidence of the allegations was offered.

Judge Backus stated: “… the Court is requested by the State to surmise that these people are dangerous terrorists with a plot against the Country or institutions … The Court may not surmise, guess or assume. … judicial ethics require that judges not concern themselves with public opinion and base their decisions in the law and the evidence presented in Court.”

One very troubling argument made by the District Attorney was that all the defendants charged are required to travel to Mecca, in Saudi Arabia, once in their lifetimes. In response to reference to the defendant’s faith, the court stated:

“The State apparently expected the Court to take the individuals’ faith into account in making such a determination … The Court has never been asked to take any other person’s faith into account in deciding of dangerousness. The Court is not aware of any law that allows the Court to take a person’s faith into consideration in making a dangerousness determination.”

COMMENTARY AND ANALYSIS

All too often, sensational, violent crimes, especially those involving child abuse and the murder or death of a child, create public reactions of hate, vitriol and at times threats of violence and violence against those charged. Further, accusations of terrorism, mass shootings and religious terrorism have many people in this country on edge.

New Mexico has had more than its share of violence against children. Since 2001, in New Mexico, no less than 22 children, ranging from ages of 5 weeks old to 3, 4, 5 months old to 3, 4, 5, and 11 years old, have been killed because of child physical and sexual abuse. (Re: August 31, 2016 Albuquerque Journal Editorial Guest column by Allen Sanchez.) The trial of the defendants for the murder of 9 year old Victoria Martens who was strangled, stabbed, dismembered and her body burned in a bathtub is still pending after more than two years, with some of the charges dismissed by the District Attorney.

Cool heads must prevail and ensure swift justice is bought upon those who abuse or kill innocent children and for that matter involved with mass shootings. Our criminal justice system presumes innocence until proven guilty and demands due process of law, even for the most heinous of crimes, and not an “eye for an eye” approach to criminal justice.

Attacking our Judicial system and judge’s rulings is a familiar tactic of President Donald Trump and to “gin up” his conservative base. It is way too easy to ignore our U. S. Constitution when you are pandering and running for office and essentially say “catch them and lock them up and throw away the key”.

All judge’s take an oath of office to preserve, defend and protect our constitution.Judges are strictly prohibited by the Supreme Court Rules and the Code of Judicial Conduct from commenting on pending cases and voicing opinions that call into question their fairness and impartiality, especially in criminal cases.

Vilifying the judiciary is a pathetic, ignorant tactic of politicians who seek to divide in order to get elected. Threatening a judge with violence over a ruling is an afront to our constitutional rights of due process of law and the presumption of innocence. Threats against any judge should never be tolerated and condemned by all if we want to live in a free country. To deny one person due process of law, no matter how much we think they are guilty, is to deny us all of the constitutional rights we cherish in this country.

Below are two reports published in APQ Reports on August 20, 2018 and August 21, 2018 respectively. .

Dennis Domrzalski is a longtime journalist in Albuquerque, he has covered the Department of Justice Consent decree hearings extensively as well as APD.

Dan Klein is a retired APD sergeant.

The Albuquerque Journal and the TV stations have not reported on the fact that the Civilian Police Oversight Agency is being denied access to an Internal Affairs Investigation.

APDReports has now sued the City over the denial of an Inspection of Public Records Request.

THE ABQREPORTS ARTICLES

ABQReports: City Stonewalls CPOA on Jennifer Garcia Internal Affairs Investigation

August 20, 2018

BY: Dennis Domrzalski

“The city of Albuquerque has refused to turn over to the Civilian Police Oversight Agency the police department’s Internal Affairs file on Lt. Jennifer Garcia, who was recently demoted as the head of IA for backdating an altering a public document.

That refusal has prompted a former member of the city’s Police Oversight Board to accuse the city of violating the 2014 police oversight ordinance and of trying to hide something and protect someone.

The city’s Legal Department notified Ed Harness, director of the Civilian Police Agency, on Friday, Aug. 17, that it wouldn’t run over Garcia’s IA file, saying the document constituted attorney client privilege.

The CPOA had requested the file because the POB voted on Aug. 9 to investigate the Garcia matter. The motion to conduct the investigation was made by POB member Chelsea Van Deventer

Former POB member Jim Larson was furious when he heard the news.

“That’s horseshit,” Larson told ABQReport. “The [police oversight] ordinance says the POB will monitor and audit Internal Affairs investigations. Why would they violate the ordinance? What are they trying to protect? This is a slap n the face to transparency.”

Harness said he got an email Friday afternoon from Assistant City Attorney Samantha Holtz saying the city would not turn over Garcia’s IA file to the CPOA so it could conduct an investigation into the process of how Garcia was demoted.

“I was told by City Legal on Friday afternoon. They said it fell under attorney client privilege and that the investigation was done in anticipation of litigation,” Harness told ABQReport. “I’m a bit unclear of what litigation they are anticipating so I have asked [City Legal] for some clarification there.”

Harness said that the city’s refusal greatly hampers the CPOA’s ability to investigate the Garcia matter.

“There was some process by which there was a decision to demote her [Garcia] and they must have reached that conclusion based on the investigation,” Harness said. He added that the case has the appearance of a conflict of interest because Jennifer Garcia’s husband is APD Deputy Chief Eric Garcia.

“You have her spouse on the department. There is clearly the appearance of a conflict. Was her case reviewed and done no differently than any other case?” Harness added. “Without looking at the file, how can we be sure that all the proper steps were taken?”

APD began investigating Jennifer Garcia in March when she was the commander of the IA unit. The city hired a private firm to conduct the investigation, which found that Garcia had backdated an IA investigation on a police officer to make it appear that the probe had been completed by the deadline imposed by the department’s collective bargaining agreement with the Albuquerque Police Officers Association.

Earlier this month, APD Chief Mike Geier demoted Garcia from commander to lieutenant and transferred her to the department’s Field Services Bureau.

ABQReport filed an inspection of public records request with the city for the investigative file on Garcia. The city denied the request, and ABQReport then sued the city in state District Court demanding its release. That case is pending and the city has been ordered by District Court Judge Alan Malott to explain why it has refused to release the file.

Geier has also filed an LEA-90 against Garcia with the New Mexico Law Enforcement Academy. An LEA-90 is usually filed when a police chief wants to revoke an officer’s law enforcement license. But Geier made no recommendation in his LEA-90 on Gracia, and an APD spokesman said that Geier isn’t trying to get Garcia’s law enforcement license revoked.

Harness said he doesn’t know what his agency will do next to try and pry the file lose from the city, but he added that the CPOA could sue the city in an effort to get it released.

“I don’t know what the next steps will be,” Harness said. “We will have to discuss that with the [POB] board and counsel to see what the next steps will be and whether we will have to litigate as well.”

https://www.abqreport.com/single-post/2018/08/20/City-Stonewalls-CPOA-on-Jennifer-Garcia-Internal-Affairs-Investigation

APQ REPORTS KLEIN: COVER-UP IN JENNIFER GARCIA IA CASE

August 21, 2018

BY DAN KLEIN
|
Mayor Tim Keller are you out there? Is this your idea of transparency?

The City Attorney is refusing to release any part of the Internal Affairs investigation on Jennifer Garcia to the Civilian Police Oversight Agency saying it’s attorney work product. Well, just who is the city attorney protecting and who owns the “work product?” Last I checked the city attorney represented … the city and it’s citizens!

We paid for this work, we deserve to see what we bought. Therefore, I formally release the city attorney from their attorney client privilege with me and I demand that they release the entire Jennifer Garcia investigation to the CPOA.

It won’t happen. Police Chief Mike Geier and Keller are protecting someone regarding this investigation.

I remember the city attorney last year couldn’t release an IA investigation into the commander of the Airport police, Marshall Katz, fast enough. Even if you hadn’t asked for a copy, city employees would have driven by your house and lobbed a copy out the car door window onto your driveway. That’s how badly they wanted Katz out.

This the same old APD, and Gordo and R.J. might as well still be in command. Always the same. When something makes them look good, or when they want to get someone they don’t like, boom! The files, audios and videos are out there almost immediately. And they’re made public whether anyone asked for them or not.

But if there are files and investigations that make them, or one of their favorites look bad, they refuse to release it until they’re dragged into court and ordered to by a judge. And guess what? That costs you and me money because the fines the city winds up paying come from our wallets.

Now they are stonewalling again on the Garcia case. So what happens next?

A waste of taxpayer money as the CPOA sues the City Attorney / APD to force them to release the IA investigation. Who pays? Us.

We’ll be paying for the CPOA, a public agency, to sue the city, and we’ll be paying for the city to defend itself against the CPOA. That’s insanity. That’s immoral, and that makes me sick.

The city attorney who authorized this crap should be fired immediately. Or is transparency another promise that Keller never planned to keep? Come on Mayor, fix this before you lose all credibility. There is a cover-up going on at APD and the City Attorney is up to their necks in it. Something stinks. If you care about transparency and our city please share this.

The city attorney denies the CPOA access to the Jennifer Garcia IA investigation citing attorney work product. Who paid for this work product? You and me folks. The Albuquerque taxpayer paid for it, but the city attorney doesn’t think we deserve to know what it says.

Mayor Keller, hello? Please fix this before my tax dollars get spent for the CPOA to sue and the city attorney to defend. Maybe make Assistant City Attorney Samantha Holtz pay for the defense out of her own pocket. That might make people in City Hall remember who their bosses are. They work for us. We paid for this investigation. Make it public!

What are they afraid of?

https://www.abqreport.com/single-post/2018/08/21/Klein-Cover-Up-In-Jennifer-Garcia-IA-Case

COMMENTARY AND ANALYSIS

When read together, the two blog articles pack a powerful punch.

The articles reflect that nothing is really changing at APD nor with Internal Affairs, especially with the tactics of stonewalling the media to coverup things that are happening within APD.

The city over the past 8 years has been on the losing side of lawsuit after lawsuit over its failure to respond to IPRA requests in a timely manner and failure to turn over documents that are public record.

Thousands of taxpayer dollars have been paid out in fines that could have easily been avoided had the city followed the law.

One observation that is being made by many APD insiders is that what Jennifer Bell Garcia did at Internal Affairs of backdating an altering a public document was probably not the first time it has happened.

The APD Internal Affairs Unit needs to be abolished and its functions absorbed by the Office Independent Council.

APD has consistently shown it cannot police itself which contributed to the “culture of aggression” found by the Department of Justice.

The disciplinary action taken against former APD Internal Affairs Commander Jennifer Garcia and her relationship with Deputy Chief Eric Garcia in the APD upper command staff is further evidence that APD cannot police itself because of the inherent biases of one police officer investigating another.

The function and responsibility for investigating police misconduct cases and violations of personnel policy and procedures by police should be assumed by the Office of Independent Council in conjunction with the City Human Resources Department and the Office of Internal Audit where necessary.

For more see:

https://www.petedinelli.com/2018/07/17/apd-power-couple-of-apd-chief-geiers-own-creation/

The city has secured $75 million from the federal government to pay for the long-awaited Albuquerque Rapid Transit project.

https://www.abqjournal.com/1211590/city-to-receives-75-million-for-art.html?fb_action_ids=1886215921512750&fb_action_types=og.likes

Congratulations are in order to Democrat Mayor Tim Keller when he said:

“Our team invested time, sweat and energy into recouping our city’s funds for building the ART project, and now we have word from the Federal Transit Administration that a big portion of the federal funding is on the way. This outcome alleviates the burden of having to cover the cost of the project with city funds or new tax dollars. … There is still a ways to go, but at least now we can balance the books with our residents’ tax dollars restored”

Democrat Unites State Congresswoman Michelle Lujan Grisham had this to say:

“This federal reimbursement is a testament to the work and strong partnership of all the stakeholders involved, and ensures that the city has the flexibility to invest in other infrastructure programs that improve our transportation system and create jobs. … Despite the numerous and serious issues associated with this project, we were able to work together with community members and the congressional delegation to find a solution for the people we represent.”

The $75 million in funding will come in two installments through the Federal Transit Administration’s Small Starts Program.

The entire ART Bus project cost $130 million dollars, of which all has ostensibly been paid.

The City and taxpayers will now be reimbursed for money already spent on the disastrous ART Bus project that forced the closure of so many businesses along Central.

Sadly, the debt will be paid in full on one hell of a boondoggle that benefited only a few and destroyed Route 66 and the buses are still not operating.

On to the next Republican White Elephant pile of dung left behind by former Mayor Richard Berry with many more that will not be this easy to clean up.

*********************************************************************************************************************************

POSTSCRIPT

Following is a blog article listing of articles on the Art Bus project:

https://www.petedinelli.com/2018/06/12/dinelli-blog-articles-on-art-bus-project-listed/

The greatness of a city is reflected by the extent it commits to a better life for its homeless who suffer from mental illness.

On Monday, August 20, 2018, after more than two hours of public comment and deliberation, the Albuquerque City Council showed a little greatness with a 5-3 vote.

The Albuquerque City Council voted to award $2 million to St. Martin’s HopeWorks to build a complex that will provide behavioral health services, medical care, counseling and treatment and shelter to the chronically homeless and the homeless who suffer from mental illness.

https://www.abqjournal.com/1211351/councilors-approve-2m-for-proposed-hopeworks-village.html

THE HOPEWORKS PROJECT

According to the HopeWorks project Request For Proposal (RFP), the “priority population” will include individuals in four criteria including homelessness or severe housing instability, frequent admission to MDC’s psychiatric unit, frequent utilization of detox services, and frequent use of emergency medical service for behavioral health needs.

The project is to be built on a site near St. Martin’s Hospitality Center on Third Street NW, which has been at the location for decades.

The HopeWorks project includes purchasing land, planning, designing, constructing and improving a single-site behavioral health services center with associated supportive and transitional affordable housing.

The HopeWorks project will be developed in three phases.

PHASE 1 will include a 42-unit supportive housing building for chronically homeless individuals.

On the first floor, residents will be able to access behavioral health and case management services.

Residential units will comprise the second and third floors of the building.

The proposed HopeWorks project will include one-bedroom units, designed to be both ADA accessible and contain universal design features.

PHASE 2 includes construction of a new administrative and services building.

The complex will include a management office, a maintenance room, a central front lobby, a social services provider’s office and additional service space, as well as public gathering spaces and laundry areas.

PHASE 3 will replace the existing day shelter and dining hall and combine them into one building.

The program will identify the “chronic homeless” that need medical assistance and counseling but by no means is transitional housing.

Approximately $9 million total is being expended on the project: the $2 million from the city council, $3 million in Bernalillo County funding and housing vouchers and another $4 million from the New Mexico Mortgage Finance Authority.

The project should in no way be considered near or similar to the $2 million “Tiny Home Village” project of 35 small one room, 110 square foot shelters, to be built on one acre of land and that is to provide transitional housing to those who qualify.

ST. MARTIN’S HOSPITALITY CENTER NOW ST. MARTIN’S HOPEWORKS

St. Martin’s Hospitality Center has been around for over 32 years and for 25 years has been at the current location between 3rd and 4th streets just north of Mountain Road.

St. Martin’s provides critical services for people experiencing homelessness and near homelessness.

According to its web site, services provided by St. Martins include: Housing; Shelter and Emergency Support Services; Mental Health Treatment Services; Outpatient Treatment Services; Psycho-Social Rehabilitation; Residential Treatment Services for Co-Occurring Disorders; Consumer-Run (Peer-Support) Services; Recovery support for returning citizens through Dismas/Covenant House Program; Supports the severely disabled through the Assertive Community Treatment Program (ACT); and Employment Services.

On average, nearly 6,000 individuals, including those with severe and persistent mental illness, substance abuse problems, military veterans, woman and families fleeing domestic violence and the medically fragile seek the various services from St. Martins.

St. Martin’s is now being rebranded as St. Martin’s HopeWorks and is the main developer of the 42-unit supportive housing multifamily development project.

Greg Morris has been the Executive Director St. Martin’s Hospitality Center for the last two years.

Greg Morris had this to say about the “rebranding and renaming” of St. Martin’s Hospitality to “HopeWorks” combining the two words hope and works as one:

“Hope is a powerful word. … We’re serving a population that has largely lost all hope. Part of our job is to re-instill hope in each human soul we come in contact with. What the indomitable human spirit can do with just a little bit of hope is just incredible and we see these success stories on display in our community every day. … Works’ is an action word, and if there’s something we know how to do at St. Martin’s it’s action that makes a tangible difference in the lives of the people who we serve.”

COMMENTARY AND ANALYSIS

NIMBY stands for “Not In My Back Yard” relating to proposed projects opposed by homeowners, property owners, and business owners.

Two of the biggest issues that generate extensive public outcry of “not in my backyard” are the location of methadone clinics, homeless shelters and locating service providers to the homeless.

Not at all surprising, many spoke in opposition to the St. Martin’s HopeWorks project.

Opposition arguments ranged from negative impacts on new area businesses such as brew pubs, residential areas, to neighborhood safety to cost justification.

One argument made was that the complex will be only a 42-unit complex.

The argument fails to account for the on-going influx of patients over a period of years with thousands to be assisted and helped.

The Reverend Vincent Chavez, pastor of St. Therese Parish and Catholic School, told city councilors that the proposal will not solve “this serious issue” of the homeless.

Reverend Chavez was quoted as telling the City Council:

“We the residents and businesses of North Downtown, Wells Park and near North Valley are overstressed and are at wit’s end. … None of us, the deprived neighbor or our residents with an actual roof over their heads has a quality of life, security and well-being as long as the homeless issue has no real permanent solution.”

So much for acts of charity, compassion and Christianity by the Reverend Chavez.

St. Martin’s HopeWorks will be providing services to people and patients that are far more likely a danger to themselves than North Downtown, Wells Park and the near North Valley.

The people who will benefit from HopeWorks will be off the streets of Albuquerque.

Reverend Chavez and those in opposition to the project apparently do not recognize that the project is in fact a “real permanent solution” for the homeless.

The 42-unit project represents a “real permanent solution” for the homeless designed to provide an array of medical, counseling and housing services that can help people “regain self-sufficiency” and where possible integrate back into society.

The St. Martin’s HopeWorks project should have been a “no brainer” of a vote and should have passed on a 9-0 vote given the amount of planning and development dedicated to the project and the decades of documented success by St. Martin’s to provide services to the homeless.

Democrat City Councilors Ken Sanchez, Isaac Benton, Diane Gibson, Klaressa Pena and Cynthia Borrego all voted for the HopeWorks project recognizing the void the project will fill in providing necessary medical services to the chronic homeless suffering from addiction or mental illness.

Not all surprising fiscal conservative Republicans Brad Winter and real estate broker Trudy Jones voted against the project with Republican City Councilor Don Harris unable to attend the meeting.

All three Republican City Councilors represent the most affluent neighborhoods and parts of the city where the homeless are seldom seen but for them to see even one on a street corner or freeway entrance is unacceptable to them, especially Trudy Jones who was the sponsor of the “anti-panhandling ordinance”.

“Mr. Progressive” Democrat City Councilor Pat Davis voted no with Republicans Winter and Jones but only after trying to speak eloquently about the need to help the homeless, but explaining he could not vote for the project saying that the project would have too much of a negative impact on a developing area.

Democrat Pat Davis and Republicans Winter and Jones had no problem approving $130 million for the ART Bus project that has had a major negative impact on Route 66, but no, they just could not bring themselves to vote to allocate $2 million to help a homeless service provider.

All too often, we tend to forget our humanity, our political philosophy and perhaps even religious faith and resent or even condemn the homeless for what we think they represent or who we think they are.

We fear and even condemn the homeless whenever they interfere with our lives at whatever level such as pandering for money on street medians, begging for food, acting erratic, acting emotionally unstable, and yes even when they are found sleeping in doorways and defecating in public.

All too often, people loudly condemn the families of the mentally ill for not making sure their loved one has not been institutionalized or not taking their medications.

All too often, the families of the homeless mentally ill are totally incapable of caring for or dealing with their loved one’s conduct or unrelated people feel they have no choice but to call law enforcement to deal with the homeless who suffer from mental illness.

Historically, calling law enforcement in Albuquerque to deal with the mentally ill usually ends tragically as was the case with mentally ill homeless camper James Boyd who was shot and killed in the Sandia foothills by APD Swat.

We easily forget that the homeless are indeed human beings who may have lost all hope and all respect for themselves and are imprisoned for life in their own minds condemned to fight their demons every hour, every minute and every second of their life until the very day they die.

One thing we should never forget is the homeless have human rights to live as they choose, not as any one says they should live.

The homeless should not and cannot be arrested and housed like criminals or animals.

Many homeless do not want to ever be reintroduced into society and many have committed no crimes and they want to simply be left alone.

The homeless cannot be forced or ever required to do anything for their own benefit, or against their own free will or change their life unless they want to do it themselves, but that does not mean no effort should ever be made to offer them help they so desperately need.

Too often, the homeless are the victims of crimes, even being bludgeoned to death for fun as Albuquerque saw a few years ago when 3 teenagers killed two Native Americans sleeping in a vacant lot on a discarded mattress.

Charitable organizations such as Joy Junction, St. Martins HopeWorks project, Steelbridge, The Rock at Noon Day, Albuquerque Healthcare for the Homeless, provide services to the homeless and do so by being where the homeless can be found and where the homeless can reach and seek out and have easy access to services.

These organizations are filling a void that government can not fill.

The sooner Mayor Tim Keller signs the $2 million city council appropriation for HopeWorks the better.

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POSTSCRIPT

It is estimated that the City of Albuquerque has between 1,300 to 1,500 chronic homeless people that can be documented by the City living on the streets.

The City does provide extensive services to the homeless that include social services, mental or behavioral health, homeless services, health care for the homeless, substance abuse treatment and prevention, multi-service centers, public housing, rent assistance, affordable housing development, and fair housing, just to mention a few.

The following homeless services are funded by the City of Albuquerque, HUD’s Continuum of Care grants, Emergency Shelter Grants, and other grants administered by the City of Albuquerque:

1. Emergency Shelters for short-term, immediate assistance for the homeless for men, women, families, emergency winter shelter and after-hours shelter.
2. Transitional Housing assistance designed to transition from homelessness to permanent housing.
3. Permanent Supportive Housing for homeless individuals dealing with chronic mental illness or substance abuse issues
4. Childcare services for homeless families
5. Employment Services and job placement for homeless persons
6. Eviction Prevention or rental assistance and case management to prevent eviction and homelessness
7. Health Care services for homeless individuals and families
8. Meal program providing for homeless individuals and families in need
9. Motel Vouchers or temporary vouchers for homeless individuals with immediate medical issues and families with children, where emergency shelters cannot accommodate them.
10. The Albuquerque Heading Home program initiative which moves the most medically fragile and chronically homeless people off the streets and into permanent housing. Since its inception in 2011 to January, 2017, it has placed 650 people into housing that assists with housing and providing jobs.

For more on Albuquerque’s homeless see “Out of Sight, Out of Mind Solution To Homeless” at:

“Out Of Sight, Out Of Mind” Solution To Homelessness Proposed

The New Mexico Republican Party is circulating a poll that claims that there is a statistical tie in the race for Governor between Democrat Michelle Lujan Grisham and Republican Steve Pearce with only a 2-point spread.

The poll was conducted by Emerson College Polling which is part of the School of Communication at Emerson College.

Emerson college is located in Boston, Massachusetts, it is a private institution that was founded in 1880 and is considered by some an Ivy League college.

Emerson College Polling has been ranked as the most accurate collegiate pollster by Bloomberg New, and successfully executed multiple polls during the 2016 Presidential Elections, including in wide-ranging states such as OH, NV, and NH.

https://www.emerson.edu/communication-studies/emerson-college-polling-society

EMERSON POLL RESULTS

The poll results are 42% for Michelle Lujan Grisham, 40% for Steve Pearce and 18% undecided.

Libertarian candidate Bob Walsh was not included in the Emerson poll as in previous polls in that he dropped out of the race which likely helped Steve Pearce, but not by much.

The Emerson poll was taken on August 17 and 18, 2018 and was of 538 registered voters, not likely voters, and has a margin of error of +/- of 4.6%.

The data was weighted by ethnicity, gender, party affiliation, mode and with very difficult to believe 3rd congressional district polling.

Lujan Grisham leads Pearce as expected in her home New Mexico First Congressional District 48% to 32%.

Pearce leads Lujan-Grisham as expected in his home New Mexico Second Congressional District at 43% to Lujan-Gresham’s 35%.

It was the polling in the Third Congressional District represented by Congressman Ben Ray Lujan that is difficult to rationalize.

In the Northern Third Congressional District, Steve Pearce unexpectantly leads at 46% to Lujan-Grisham at 42%.

Democrats lead on a generic congressional ballot test at 43% to 33% with 20% undecided.

A breakout by district has the generic Democrat in Lujan Gresham’s Congressional District 1 leading 51% to 27%, while in Pearce’s 2nd Congressional District, the Republican is at 39% and the Democrat at 35%, in District 3 Congressional District the generic Democrats have a 45% to 32% edge.

Overall, both Gubernatorial candidates are popular, which is a far cry from what we saw in the Trump-Clinton Presidential race just 2 years ago.

Lujan Grisham has 45% favorable rating and 29% unfavorable rating.

Pearce has a 41% favorable rating and 31% unfavorable rating.

EMERSON POLL NUMBERS ON MARTINEZ, TRUMP AND THE WALL

Outgoing Governor Susana Martinez has a 30% job approval and 47% disapproval rating.

President Trump has a lower job approval in the Land of Enchantment than his national average of 43% to 52%, with a 35% approval and 54% disapproval in New Mexico.

Regarding the Trump’s border wall along Mexico, 38% of those polled favored the US significantly expanding construction of walls along the US-Mexico border, while a majority at 54% said no it should not be expanded.

The boarder wall issue is split along party lines with 72% of Republican agrees with the expanded wall while 76% of Democrats disagree.

Independents said no to the border wall 55% to 36%.

You can read the full Emerson Poll here:

https://www.emerson.edu/sites/default/files/Files/Academics/ecp-pr-nm-8.19.18.pdf

COMMENTARY AND ANALYSIS

Any political consultant should be fired who believes the accuracy of the Emerson Poll, especially when it comes to Northern New Mexico, if they are employed by Michelle Lujan Grisham or Steve Pearce.

The Emerson poll is replete with way too many contradictions so as to call into serious question its accuracy statewide.

Emerson Poll used landlines and on-line panel of voters and did not conduct any live cellphone interviews.

Another problem with the Emerson poll is that it did not call “likely” voters but only called registered voters who say they plan on voting.

A “likely voter” in the political polling business are those who have a demonstrated history of voting in recent state elections.

Conducting cell phone interviews as well as “likely voters” is what Brian Sanderoff with Research and Polling does who has the best track record of any one predicting New Mexico election results.

The Emerson Poll reports that in the Third Congressional District represented by Congressman Ben Ray Lujan has Pearce leading at 46% to Lujan-Grisham at 42%.

The Northern District is by far is the most progressive of all 3 New Mexico Congressional Districts with the highest percentage of Hispanics.

Pearce is campaigning hard in Northern New Mexico for the Hispanic male vote, but when push comes to shove, Lujan Gresham’s northern Hispanic generation roots will command a huge loyalty.

Complicating things for Steve Pearce is how well woman are doing in elections in New Mexico and there is clearly a gender gap with Mitchell Lujan Grisham having an 11%-point lead over Steve Pearce with women at 45% to 36%.

Right Wing Republican and Republican Freedom Caucus member Steve Pearce has as munch in common with voters in Northern New Mexico as President Donald Trump has with President Barack Obama or former President Nelson Mandala of South Africa.

The Emerson Poll breakout by district has the generic Democrat in Northern District 3 with a 45% to 32% edge, a 13% edge which means it is far more likely to vote for Lujan-Grisham than Pearce and by a very big margin.

Another red flag on the credibility of the Emerson Pearce leaning poll is that Republican Governor Susana Martinez has a 47% job disapproval rating.

Martinez will be a lead weight around Pearce’s neck as was Bill Richardson around Diane Dennish’s neck meaning that voters will be more inclined to vote Democrat and for Michelle Lujan Grisham as opposed to Steve Pearce who shares the same political philosophy as Martinez who has been a total disaster as Governor.

Pearce is walking lock step with Trump on the US-Mexican border wall expansion.

The Emerson poll shows a majority of New Mexican’s believing by 54% the US-Mexican border wall should not be expanded.

It is more likely than not that people who oppose building the US-Mexican Border wall will be voting for Michelle Lujan Grisham over Steve Pearce.

On June 18, 2018 Carroll Strategies released the first poll for the November general election.

Although two months old, the Carroll Strategies poll is far more reliable than the Emerson poll.

https://www.kob.com/politics-news/poll-lujan-grisham-leads-pearce-in-race-for-governor/4956518/?cat=500

According to Tom Carroll, the president of the company, 1,199 people were polled as compared to the Emerson poll of 538 registered voters.
The reported margin of error is 2.8 percent.
Democrat Michelle Lujan Grisham – 50.5%
Republican Steve Pearce – 42.1%
Libertarian Bob Walsh – 3.1%
Undecided – 4.3%

(NOTE: Libertarian candidate Bob Walsh dropped out after this poll was conducted.)

A Survey USA poll also conducted for KOB-TV June 19-23 had the race 51 to 38 in favor of Lujan Grisham over Pearce.

Both candidates have spent tremendous amounts on TV commercials, but it is still very early.

There are 79 days left until the November 6, 2018, which is a lifetime in politics.

Notwithstanding when you analyze the polls taken thus far, it is more likely than not the Mitchelle Lujan Grisham has a 8% to 10% lead over Steve Pearce and she should win by 55% to 45%.