The latest statistics on COVID-19 in New Mexico as of Sunday, December 28 reflects that in New Mexico there are 747 new cases of Covid 19 for a total to 137,968, 30 new deaths bringing the total to 2,346 with 758 hospitalizations.

With respect to the United States, the month of December has been a devastating month for coronavirus spread with more than 63,000 Americans having died so far this month, the highest on record in one month, bringing the total to more than 333,000 people lost to the virus in the U.S. according to data from Johns Hopkins University.

The University of Washington’s Institute for Health Metrics and Evaluation predicts that 193,000 could lose their lives over the next two months to the virus.

A link to the source report is here:

https://www.koat.com/article/coronavirus-new-mexico-cases-covid-19/31401320

CHRISTMAS EVE SUPER SPREADER SERVICES

State officials warned the public to stay home and not gather during Christmas holiday. Under the public health orders, and because Bernalillo County is still in the red zone, places of worship are only allowed to hold services at 25% of their maximum capacity.

Notwithstanding the public health orders, it was reported by KRQE News 13 that 2 of Albuquerque’s largest Christian churches held services celebrating the Christmas holiday with few face masks and with little or no social distancing. Legacy and Calvary churches held Christmas Eve services essentially ignoring the public health orders.

Photos taken at the Calvary Church service show the church assembly area packed with not much social distancing. While some people were wearing masks, it didn’t include everyone.

Legacy Church posted a video of their Christmas service revealing a very crowded congregation room with hundreds of people packed into the congregation area and again with limited social distancing and few masks. News 13 downloaded the video of the service from the church’s website before they took it down Sunday.

LEGACY CHURCH LITIGATION

The Legacy Church services was particularly egregious because in April, a federal judge shot down Legacy’s request to boost indoor capacity from 25% to 50%. Legacy Church filed a lawsuit against then-New Mexico Health Secretary Kathy Kunkel and the state of New Mexico. Legacy Church argued that the public health orders violated the church’s religious freedoms.

U.S. District Judge James O. Browning in July handed down his ruling in that lawsuit, saying the state has the right to ban large gatherings in houses of worship during a public health crisis, and that the public health orders neither violated the church’s free exercise rights nor its assembly clause rights. Judge Browning ruled that the public health orders “are unrelated to the suppression of speech or religion, serve a compelling state interest, and significantly less restrictive alternatives are not available.”

https://www.abqjournal.com/1530780/megachurches-fined-for-violating-public-health-orders.html

In response to the current controversy, Legacy Church provided KRQE News 13 with this statement about their Christmas Day service:

“We have taken the pandemic seriously from the start, and have prudent measures in place. But when governments exceed their constitutional authority and contradict what we are called on by God to do, we answer first to His authority.”

The link to the KRQE News 13 news story is here:

https://www.krqe.com/health/coronavirus-new-mexico/albuquerque-churches-hold-mass-gatherings-for-christmas-service/

GOVERNOR LUJAN GRISHAM REACTS

Tripp Stelnicki, a spokesman for Gov. Michelle Lujan Grisham, said the parishioners and leaders of Legacy and Calvary violated both the state’s public health order “and common sense.” and said:

“They endangered the lives livelihoods and health of not only their parishioners but their entire communities — and given how quickly this virus can spread, potentially our state as a whole. … These church leaders should reflect on the danger they’ve unleashed in their communities. … [All New Mexicans wish that the pandemic was over but] no pastor may deem it so.”

The New Mexico Department of Health announced it will serve both Calvary Church and Legacy Church a “notice of contemplated action” after they appeared to hold a Christmas Eve service that violated the current public health order. The violation carries a fine of up to $5,000 for violating the public health order.

https://www.koat.com/article/albuquerque-church-violates-public-health-order-with-unmasked-full-capacity-christmas-eve-service/35085594

COMMENTARY AND ANALYSIS

There is no doubt that the pastors of both Legacy Church and Calvary sincerely believe that they were spreading the word of Jesus Christ, but the services they presided over were more likely than not spreading the Corona Virus as well.

Since 1905, the United States Supreme Court has said repeatedly in rulings that it is constitutional in a public health crisis for the government to require people to do certain things or to prohibit certain things that they normally would not do or could do and even refuse to do. In 1905, during the small pox epidemic, the United State Supreme Court case of Jacobson v. Massachusetts, 197 U.S. 11 (1905), upheld the authority of states to enforce compulsory vaccination laws and health care orders. Jacobson was a Christian Minister who refused to be vaccinated as required by the government and refused to pay a fine imposed. The United States Supreme Court has heard several challenges to these mandates and public health orders and has consistently ruled the mandates are indeed constitutional based on protecting the public health, safety and welfare.

Our freedoms of speech and freedom of religion are two of our most precious rights protected by our United State Constitution. With that said, those freedoms do have limitations and carry with them the responsibility to use them in a responsible manner that does not violate the law. For example, Freedom of Speech does not allow someone to yell fire in a crowded theater when there is no fire, nor does it allow you to threaten to kill someone. Freedom of Religion too has limitations. For example, you cannot make a human sacrifice in praise of your god, even if your human sacrifice agrees to it and wants to be killed and become a martyr. The point is that Freedom of Religion does not mean freedom to violate the law.

Under no circumstances has government exceeded its constitutional authority when it comes to the public health orders, nor is it “contradicting” any church from doing what they are called upon by God to do. What Legacy Church and Calvary Church have done is believing falsely they are above the law and in turn placed their own congregations in harm’s way by conducting “super spreader event’s” on Christmas eve. No matter how faithful the congregations are, the corona virus is just as deadly to the faithful as it is to the atheist.

One thing is for certain, both churches could have held more services on Christmas Day respecting the 25% occupancy requirement and even have conducted “virtual services” or “parking lot” services while the congregations remained in their cars.

The pastors of both Legacy Church and Calvary Church need to ponder the teachings of Jesus Christ when he said:

“Give unto Caesar the things that are Caesar’s, and unto God the things that are God’s.”

It’s not just about saving the soul by the churches, but the governments responsibility to protect the health and safety of people and saving lives.

In December, 2019, President Donald Trump authorized the creation of the United States Space Force. The Space Force is now the 6th branch of the United States military. The Department of Defense established the Space Command in August 2019. It is the military’s 11th unified combatant command and is temporarily located at Peterson Air Force Base in Colorado Springs, Colorado.

On November 19, 2020, Governor Michelle Lujan Grisham announced that Albuquerque made the short list of cities nationwide that the U.S. Air Force is considering to permanently locate the new U.S. Space Command. Albuquerque was one of 31 cities that the U.S. Department of Defense (DOD) said last summer it would consider in an initial round of screening for potential locations.

Albuquerque’s Kirkland Air Force base is now competing against 5 other Air Force bases located in Colorado, Florida, Nebraska, Alabama and Texas. The other finalists are:

1. Offutt AFB (NE), previously housed the strategic Air Force Command headquarters.
2. Patrick AFB (FL) at Cape Canaveral in Florida, which has 50 years of infrastructure and space-related history.
3. Peterson AFB (CO), the Space Command’s current temporary headquarters.
4. Port San Antonio (TX) which at one time housed three Air Force bases in and around it.
5. Redstone Army Airfield (AL) which also has extensive military infrastructure and a strong congressional delegation to lobby.

According to news sources, the Space Command is a unified “combatant command that coordinates all branches of the military when conducting operations in, from or through space.” The command will oversee all military space operations, whether that’s deterring aggression or defeating adversaries in an attack.

The new Space Command where ever it is located would bring more than 1,000 new, high paying jobs. It will also bring billions in federal and military spending and contracts for local companies. Albuquerque’s chances to secure the Space Command are considered very good given New Mexico’s extensive military and space-related assets.

New Mexico’s entire congressional delegation is lobbying to locate the Space Command in Albuquerque. In a prepared statement, US Senator Martin Heinrich had this to say when the announcement was made about Albuquerque being on the short list:

“New Mexico has a long history of leadership in both space exploration and national defense, dating back to the earliest days of the U.S. space program … New Mexico makes perfect sense right now as the best location for the new U.S. Space Command headquarters.”

On Monday, December 21, Gov. Michelle Lujan Grisham and Albuquerque Mayor Tim Keller along with the Kirtland Partnership, a nonprofit organization that works to preserve and expand Kirtland Air Force , made a virtual presentation to Pentagon Officials to locate the new U.S. Space Command in Albuquerque.

A link to a related news article is here:

https://www.abqjournal.com/1528722/pentagon-to-hear-nms-pitch-for-space-command.html

US SENATOR MARTIN HEINRICH: ABQ RIGHT LOCATION FOR SPACE COMMAND

On Sunday, December 20, 2020, the following guest opinion column by US Senator Martin Heinrich was published in the Albuquerque Journal:

“Representatives from the U.S. Air Force and Space Force are beginning to conduct on-site and virtual visits to determine whether Albuquerque is the right place to build the new headquarters for U.S. Space Command. I am convinced they will come to the same conclusion reached by an increasing number of leading private space companies: New Mexico is the future of space.

Our state’s reasonable cost of living, high quality of life with ready access to the outdoors, and the availability of land for new facilities make the state a smart place to put down roots. We have also developed an exceptional training pipeline for a science and engineering workforce thanks to strong partnerships that join the STEM programs at our community colleges, the University of New Mexico, New Mexico State University and New Mexico Tech and private industry, our national laboratories, NASA’s White Sands Test Facility and Spaceport America.”

The link to the Heinrich opinion column is here:

https://www.abqjournal.com/1528572/abq-is-right-location-for-space-command-headquarters.html

WHAT KIRKLAND HAS TO OFFER

In addition to the advantages outlined by Senator Heinrich for locating the Space Command, , there are a number of assets and services offered by Kirtland Air Force Base. Kirkland already houses six Air Force commands. Those commands include the global strike, air combat, materiel, education and training, special operations, and space system commands. The Defense Threat Reduction Agency’s Missile Defense Agency, National Assessment Group and Joint Navigation Warfare Center are also located at Kirkland.

Many of the agencies managed by those commands are directly focused on space. That includes the Space Rapid Capabilities Office and the Air Force Research Laboratory’s Space Vehicles Directorate, which are at the forefront of developing, rapidly deploying and operating defense-related space systems.

There are others that directly contribute to space technology and management, including AFRL’s Directed Energy Directorate, which develops laser systems, high power electromagnetics and electro-optics that are critical to space systems. AFRL’s Directed Energy Directorate also operates the Star Fire Optical Range at Kirtland which is a center of excellence for space domain awareness that offers comprehensive ground-based monitoring of space assets and activity.

There are other research assets at the base, including Sandia National Laboratories, Los Alamos National Laboratory (LANL) and the National Nuclear Security Administration that oversees Sandia Labs and LANL operations. And DOE’s Office of Secure Transport for nuclear.

STATE OFFERS A SKILLED WORKFORCE

There is no doubt that New Mexico is a world-class research center with two DOE labs, the AFRL, and three research universities. According to the New Mexico Partnership, the city and state has a highly skilled workforce in place consisting of nearly 36,000 people employed in science, computer, math and engineering. The proportion of local workforce employed in science jobs is 1.7 times higher than in the U.S. overall, and employment in engineering specifically is 1.5 times higher.

The link to a related news source is here:

https://www.abqjournal.com/1528722/pentagon-to-hear-nms-pitch-for-space-command.html

THE ORION GROUP AEROSPACE COMPANY DEVELOPMENT

The Space Command if in fact located here along with the Orion Group Aerospace development will make Albuquerque within just a matter of a few years an aerospace space industry juggernaut.

On Thursday, November 12, the City of Albuquerque Environmental Planning Commission approved the new site plan for the “Orion Center.” It is an aerospace and technology facility that will be built on the 122-acre plot of land located between Kirtland Air Force Base and Albuquerque International Sunport. “Group Orion”, the developer, is a subsidiary of Theia Group Inc., a Washington D.C. based, privately held aerospace company. The Theia Group is attempting to develop a network of satellites to digitally image and collect data on the physical world, providing solutions in areas from logistics to biology.

The mass area acreage was originally where the North-South airport runway was located. The land has now been designated for industrial development by the city. In 2017 after the runway was removed, the City named the acreage as the “Aviation Center for Excellence”. The city began to offer the vacant land area for commercial and office developers.

According to city officials, the city will seek to secure permission from the Federal Aviation Administration (FAA) and complete a lease agreement with “The Group Orion” for the property. Group Orion is seeking to build a “campus” like facility that will include a 2 million square foot manufacturing center, an eight-story office and laboratory building, a new food hall and an extended-stay hotel. The campus will be named the Orion Center. Other long-term developments and expansion is envisioned. The campus as originally envisioned is to house 1,000 jobs once it opens. The plans submitted to the City on behalf of Group Orion includes a 2,500 jobs expansion plan.

The campus will have a number of separate buildings, spread out on both sides of Girard Boulevard, south of Gibson Boulevard. The square footage size of the campus is estimated to be 4.1 million square feet spread out across a total of 6 buildings to be built. The focal point of the campus will be an assembly building consisting of a 2 million square-foot, single-story building that will serve as the company’s main manufacturing and testing center.

Plans for the campus also include an 8-story building that will include laboratories, offices and additional assembly space. Plans on the western side of the campus call for an “extended stay” hotel to house new hires and other guests, a food hall for employees and an 8-story parking garage. A skybridge over Girard to help employees cross the street safely is also being proposed.

Group Orion has hired local engineers and has paid the city $125,000 as a retainer to hold the land. If the Federal Aviation Administration (FAA) approves the Center, then construction of the Orion Center could start in spring 2021 with the projected opening of the campus being in 2023.

COMMENTARY AND ANALYSIS

According to the city’s Economic Development Department, the global space economy is projected to be worth $3 trillion by 2045. With the announcements that Albuquerque is one of 6 finalists for the new Department of Defense U.S. Space Command and that the Orion Group aerospace company is planning to establish a major manufacturing center near the Albuquerque International Sunport, the city and state’s emerging national standing as a space industry juggernaut is clearly in the stars.

Come January 20, President Joe Biden will become the next President of the United States. With any luck, Democrats will also control the United States Senate if Georgia elects two Democrat United States Senators in the January 5 run off. With that said, the New Mexico congressional delegation will have its work cut out for it to make sure the new Space Command headquarters is located in Albuquerque.
____________________________________

NEWS UPDATE:

On Wednesday, January 13, it was reported that the U.S. Air Force chose Huntsville, Alabama, over five other states including New Mexico to locate the new U.S. Space Command.

In an official announcement Wednesday afternoon, the Air Force said Huntsville compared more favorably against the other states in providing a large qualified workforce, quality schools, superior infrastructure capacity, and low initial recurring costs. Alabama also offered a facility to support the Space Command headquarters at no cost while a permanent facility is constructed.

After speaking with Manasco, however, Heinrich said he was very disturbed by the Air Force process that culminated in choosing Alabama, which he said seemed like it was rushed to reach a final decision before President Donald Trump leaves office next week.

“I’m utterly disappointed with this process. … I don’t think it (Huntsville) was a logical place to choose for the Space Command. It seems clear to me that this was the least-deliberative Air Force basing decision I’ve been a part of.”

https://www.abqjournal.com/1535761/nm-loses-race-to-land-space-command.html

It looks like Bernalillo County Sheriff Manuel Gonzales is getting the attention he so covets as he runs for Mayor or Congress. Gonzales is even getting “national” attention via FOX News no less. On Tuesday, December 11, his Youe Tube video where he says the Governor’s Health Orders are “unconstitutional”, was a featured story in a Fox News segment along with commentary from a former national public affairs director who applauded the sheriff.

It was on December 19, a defiant Bernalillo County Sheriff Manny Gonzales on a video proclaims he will not enforce “unconstitutional laws” when it comes to the corona virus pandemic. In the YouTube video, Gonzales said he sympathizes with business owners and houses of worship, and accused politicians of “turning everyday citizens into villains.” Gonzales got the publicity he covets when local news agencies covered the story. Gonzales had this to say:

“I choose to direct this agency’s time and resources to the laws deemed to keep people free of crime. … Overreaching restrictions will harm our community. For that reason, we will not follow along with any orders that subvert constitutional rights.”

A link to the YouTube Video is here:

https://www.youtube.com/watch?v=v95B1lpt_PM

PUBLIC SERVICE ANNOUNCMENT?

In the 11 minute YouTube video, Sheriff Gonzales says that he has listened to concerns of “what has been characterized as oppressive lockdown mandates”. He goes on to say that he sympathizes with families, business owners and houses of worship who believe their civil liberties are being compromised.

Bernalillo County Sheriff Spokeswoman Jayme Fuller said in a statement:

“This was intended to be a public service announcement for the people in order to mitigate any fears they were having about their Constitutional rights, which were perceived from various media platforms. … Bernalillo County residents need to hear from the Sheriff that our focus is on combating crime in our county and maintain confidence in the government.”

BCSO Spokesperson Jayme Fuller was asked on what authority the Sheriff was relying on to say the public health orders are unconstitutional and she said:

“The Declaration of Independence and the government’s purpose is to ‘secure’ our rights to life, liberty and the pursuit of happiness. Depriving people from opening their business or breaking up their family functions during Christmas qualifies as a deprivation of each.”

Spokeswoman Nora Meyers Sackett for Gov. Michelle Lujan Grisham did not mince words about the Sheriff’s conduct or video and said that claiming the public health orders infringe on “constitutional rights is a lie”. Spokeswoman Nora Meyers Sackett further said in statements:

“Public health measures don’t infringe upon anything except the spread of the COVID-19 virus, which is why it’s important that New Mexicans do their part to get through the pandemic by adhering to them and that municipal agencies, including law enforcement, do their part to ensure that their community is being safe. … Every law enforcement agency in the state is empowered to enforce state public health orders, just as they enforce all other state laws.”

“It is deeply disappointing, not to mention directly harmful, that any public official would take any action that undermines the health and safety of their community. … All New Mexicans should agree on the importance of doing anything and everything we can to save lives.”

The link to a related story and quoted source material is here:

https://www.abqjournal.com/1529284/sheriff-gets-national-attention-pushback-for-stance-on-public-health-orders.html

STATES AND CITIES CAN ISSUE PUBLIC HEALTH ORDERS AND MANDATE IMMUNIZATION

Since 1905, the United States Supreme Court has said repeatedly in rulings that it is constitutional in a public health crisis for the government to require people to do certain things or to prohibit certain things that they normally would not do or could do and even refuse to do. In 1905, during the small pox epidemic, the United State Supreme Court case of Jacobson v. Massachusetts, 197 U.S. 11 (1905), upheld the authority of states to enforce compulsory vaccination laws and health care orders. The United States Supreme Court has heard several challenges to these mandates and public health orders and has consistently ruled the mandates are indeed constitutional based on protecting the public health, safety and welfare.

Since 1952, it has also been well settled United States Supreme Court constitutional case law that the legislative branch can give the executive branch the authority to issue executive orders in times of national emergency over private enterprise. In 1952, the United States Supreme Court ruled in the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) that the authority to issue executive orders is whatever authority the legislative branch gives to the executive.

In New Mexico, the legislature has enacted two laws authorizing and empowering the Governor, the executive branch, to issue public health orders in time of a public health emergency such as the pandemic. The two statutes enacted are the “Public Health Act” and the “Public Health Emergency Response Act.”

Virtually all the lawsuits filed by private business owners, the Republican Party and those backed by Republican Party Chairman Steve Pierce, both in state court and federal court, to set aside the Governor’s health orders as being “unconstitutional” have been thrown out of court and dismissed almost as fast as they have been filed. New Mexico Courts have consistently ruled the the Governor’s public health orders and imposing restrictions, including restricting houses of worship to 25% maximum capacity, are legal and do not violate religious freedoms.

COMMENTARY AND ANLAYSIS

Bernalillo County Sheriff Spokeswoman Jayme Fuller quoting the “Declaration of Independence” as legal authority for the Sheriff’s conduct is downright pathetic. She is showing her ignorance if she really believes it is legal authority. It is the U.S. Constitution and United States Supreme Court rulings interpreting it that are legal authority. Since 1905, the United States Supreme Court has ruled that public health orders are constitutional and do not violate anyone’s constitutional rights.

The video of Sheriff Manny Gonzales saying his office will not enforce the public health orders needs to be called what it is: a government financed paid political announcement to promote his candidacy for Mayor or Congress. You can also call the video “truth decay”.

Sheriff Manny Gonzales acts as if his badge gives him a license to practice law without a license by declaring fully legal public health orders as “unconstitutional”. He is a throwback to law enforcement thinking they are above the law. Sheriff Gonzales is using the exact same inflammatory rhetoric and tactics as right-wing extremist use to set aside the health orders.

Stay tuned for another publicity stunt from Gonzales as he runs for Mayor or Congress and declares no one has to take the vaccines.

Manny Gonzales needs to just stop the pandering, stop his “truth decay”, and stop undermining the public health orders. If not, he should resign as he runs for higher office and let someone who wants the job be appointed by the County Commission.

On July 10, Calvin Kelly, a 21-year-old, was shot to death during an alleged robbery attempt in a Northeast Albuquerque parking lot. Kelly’s body was found face down in the parking lot of “The Retreat” at Candelaria apartments, near Morris, around 6 a.m. He had been shot in the back with a high-caliber rifle. Police say a passerby found Kelly on July 10 around 6 a.m. in the apartment complex.

https://www.abqjournal.com/1343747/apd-investigating-fatal-shooting-at-se-abq-park.html

On December 5, 2019, then 17-year-old Albuquerque High School Student Gisell Estrada was arrested and charged with the murder of Calvin Kelly. It is a murder she played no part in. She had never been arrested before and had absolutely no criminal arrest and conviction record, misdemeanor nor felony. She spent 6 full days in jail on a case of “mistaken identity.”

A CASE OF MISTAKEN IDENTITY

According to news reports, APD homicide detective Jessie Carter was in charge of the homicide investigation of Calvin Kelly. Detective Carter joined APD in 2008 and in 2017 joined the homicide unit. Carter was able to identify 4 possible suspects that were eventually arrested: Alexis Pina, 17, Jassiah Montoya, 15, Adam Cazares, 31, and Cazares’ girlfriend Cynthia Salgado.

One of the suspects, Cynthia Salgado, told Detective Carter she and 3 others conspired to rob Kelly in a plan she said was masterminded by a teenage girl named “Lexi,” later identified as Alexis Pina. According court pleadings filed, Salgado told Detective Carter that Pina was homeless and on drugs and described her as short and chunky with “one lazy eye.”

According to the District Attorney’s Office, Pina was the “mastermind” of the robbery. Pina knew Calvin Kelly through FACEBOOK and she lured Kelly to her and the other 3 under the guise of needing a ride. Police say the 4 tried to rob Kelly outside “The Retreat” at Candelaria apartments complex and, when he tried to run, Cazares shot him in the back with a high-caliber rifle. The arrest warrant affidavit filed in Metropolitan Court alleges that Cynthia Salgado told a detective a girl she and Cazares knew as “Lexi” proposed the robbery after seeing Kelly with a significant amount of cash on Facebook.

The lawsuit alleges that Detective Carter took photos from FACEBOOK profiles for Alexis Pina and her FACEBOOK profile said Pina went to Highland High School. Gisell Estrada went to Albuquerque High School. Carter showed Alexis Pina’s profile photos to an Albuquerque Public Schools (APS) resource officer in the hopes of identifying her. The APS employee cooperated but mistakenly identified Gisell Estrada as Alexis Pina. Detective Carter did no follow up with witnesses to confirm the identification of Gisell Estrada nor her involvement with the murder of Calvin Keller. Detective Carter made no personal nor phone contact with Gisell Estrada nor her parents to confirm her identity.

https://www.abqjournal.com/1398091/aps-employees-mistake-left-innocent-teen-jailed-for-murder.html

17 YEAR OLD GISELL ESTRADA CHARGED WITH MURDER

On December 5, 17-year-old Albuquerque High School Student Giselle Estrada was charged by a criminal complaint with the murder of Calvin Kelly. The criminal complaint was “sealed” in Juvenile Court meaning no one had access to it nor able to read it without the court unsealing it for review. A warrant was issued for Estrada’s arrest. A private defense attorney contacted Estrada by mail to see if she needed a defense attorney. The lawsuit states that Estrada and her mother were “in disbelief” as the private attorney wanted to charge $60,000 to defend Estrada in a murder case. According to Estrada:

“I had no idea what this was about, the charges were sealed so I didn’t know what I was accused of.”

Contact was made with the Public Defender for defense. Public Defender Todd Farkas was assigned to defend Estrada and told Detective Carter multiple times that his client was not the girl they were looking for and charging for murder. Carter told Farkas to give him any information to clear Estrada’s name because he “did not want to put the wrong person in jail.”

The sealing of the complaint left Estrada’s Public Defender attorney blind to the detailed fact allegations against her and all they knew was the charges. According to Estrada’s Public Defender Farkus, the sealed complaint and the homicide’s detective’s unwillingness to share any case details, including the victims’ names, witnesses and dates, left the Public Defender’s Office no choice but to advise Estrada not make any statements to police and to turn herself in. Estrada, following the advice of the Public Defender turned herself in.

On November 8, Estrada was booked into the juvenile detention center on an open count of murder, armed robbery and conspiracy charges in the July 10 slaying of Calvin Kelly. APD Detectives for their part said Estrada’s refusal to speak left them with no choice but to book her on the charge of murder and jail her once she turned herself in.

The Bernalillo County District Attorney’s Office then filed a motion to detain Giselle Estrada until trial alleging:

“The community is not safe if she is not detained. … There are no conditions of release this court can impose which will prevent her from planning another robbery or prevent someone else from dying.”

A full 5 days after Estrada turned herself in and was booked, another suspect in Calvin Kelly’s homicide, Jassiah Montoya, 15, as he was being led to his cell, told Detective Carter “You have the wrong Lexi, I just spoke to her yesterday”. The next day, Estrada was released on her own recognizance and Carter then turned his attention to Alexis Pina as the prime suspect.

Notwithstanding the motion for detention, Estrada was released a full 6 days later after she was arrested and the charges were dismissed. Review of the motion for detention, it is clear it contains “boiler plate language” with the District Attorney’s Office failing to conform the motion to the actual facts of the case.

After her release, Estrada said she struggled to catch up in school, her reputation was damaged and she alleges in her lawsuit she is still undergoing counseling. Estrada has graduated from Albuquerque High School and is pursuing an education in cosmetology.

Estrada said she experiences flashbacks from her false arrest and ordeal in jail and gets nervous when she sees an officer driving behind her and claims she is afraid she will be arrested. Estrada says of her ordeal:

“It’s not really how I used to be, it changed me. I feel like I have to remember everything, like I’m reliving everything. … “I just hope this doesn’t happen to anyone else, this is not something you should make a joke [of], this is something very serious and really hard to go through.”

Link to source material quoted:

https://www.abqjournal.com/1523423/aclu-sues-city-in-mistaken-identity-arrest-of-high-school-student.html

ACLU FILES CIVIL LAWSUIT

Fast forward to Thursday, December 3, 2020. The American Civil Liberties Union of New Mexico (ACLU) filed a lawsuit on Estrada’s behalf seeking unspecified monetary damages against the City of Albuquerque. The lawsuit alleges that APD Detective Carter’s actions amounted to a false arrest and deprivation of state constitutional rights.

https://www.koat.com/article/teen-who-was-wrongly-arrested-charged-with-murder-files-lawsuit-against-city-of-albuquerque/34867293#

According to the lawsuit filed, Gisell Estrada is shy, soft-spoken teenager, who does well in school and who has never been in trouble. She has never been arrested before and has absolutely no criminal record or arrest record and no convictions of any crime, misdemeanor nor felony. It is alleged she spent 6 full days in jail on a case of “mistaken identity.”

The lawsuit filed alleges that in the criminal complaint, Detective Carter did not mention any of the details as to how Gisell Estrada was identified leading to her charges and arrest. In the arrest warrant affidavit, Detective Carter wrote that Alexis Pina and Gisell Estrada “look extremely similar in date of births, facial features and body type among others” . The lawsuit alleges that, unlike Pina, Estrada was born with only one thumb and it was something Carter could have easily verified. Estrada’s cellphone records also placed her at her home at the time of the homicide.

According to the lawsuit, Detective Carter “misled the district attorney and court” by writing that Salgado identified Estrada when Carter did not show Estrada’s photo to Salgado to confirm he had the right person. The lawsuit alleges:

“Detective Carter knew that Ms. Salgado did not ‘positively identify’ [Estrada] as a person involved in Mr. Kelly’s murder. If that single sentence was removed from the document, nothing else within would explain how [Estrada] was identified as the offender, who was known by a different name.”

According to the Public Defender’s Office, Carter’s unwillingness to share case details led them to advise Estrada to not make a statement to police and Estrada decided to turn herself in which in and of itself caused extreme emotional stress.

The lawsuit alleges:

“Her family was afraid that if she did not turn herself in, the police would come to her home and arrest her violently. That night at home, nobody could sleep. The whole family cried all night, wondering what was going to happen.”

According to the civil lawsuit complaint, Estrada’s arrest by APD was only the beginning of an emotional ordeal that has left her emotionally scared. After being booked, Estrada spent a full 7 days in jail and she alleges she was “strip-searched several times” and treated like a “guilty person.” According to Estrada, the 7 days she spent in jail were the first nights she had ever spent away from home. The lawsuit alleges that during her stay in jail, Estrada was “too nervous to eat” and spent her nights “awake in her bunk, wondering if she would be free again.” Family visits were full of tears and the guards wouldn’t let her mother hold her hand.

ACLU Attorney Alvarez Hernandez who filed the lawsuit on behalf of Estrada had this to say:

“Because the true criminal was still out there [at the time of Estrada’s incarceration] and they could still hurt people, this lack of thoroughness and investigation doesn’t just affect the person directly, it affects our entire community. [What happened to Gisell Estrada was a] nightmare born of the incompetence of those who have sworn to protect and serve her. … The ordeal that APD put Gisell Estrada through was nothing short of horrific. The system failed her at every turn. … Sloppy police work from an APD detective meant that Gisell … was torn from her family’s loving arms and placed behind bars for a week.”

ACLU Attorney Alvarez Hernandez said the lawsuit is being filed to provide Estrada peace of mind and had this to say:

“[The lawsuit is being filed] to clear her name and build up her confidence, because every time she goes to a job interview, she’s self conscious as to whether they would want to hire her, whether they’re going to think that, despite the fact that [the charges were] … dismissed, that she actually had something to do with the murder.”

https://www.abqjournal.com/1523423/aclu-sues-city-in-mistaken-identity-arrest-of-high-school-student.html

Gisell Estrada for her part said of her arrest and incarceration:

“It changed me. … I just hope this doesn’t happen to anyone else. … It destroyed me, my parents, my family’s life, by just misidentifying me. … I really thought I was going to be [in jail] … for the rest of my life because I know that these types of cases take forever to solve.”

APD INCREASES SIZE OF HOMICIDE UNIT

As of Friday, December 17, there have been 75 homicide cases in 2020. The city has had 4 homicides in December and its likely there will be more by the end of the year. Of the 75 homicides, half remain unsolved. There are only a dozen homicide detectives with caseloads high above the national average.

On December 17, the Albuquerque Police Department announced plans to improve its homicide unit. APD is adding extra support staff, detectives, and new training. APD is adding 2 more detectives, totaling 12 for the department. An extra sergeant and acting commander will also be assigned to look over cases as well.

HOMICIDE DETECTIVE ACADEMY

During the December 17 press conference, APD announced it was creating a new detective training academy for all detectives, not just those in the homicide unit. The department will be bringing in veteran police officers with experience, working with younger detectives who are also “tech savvy.” According to APD officials, every detective in the department will go through specialized training. For some officers that includes homicide investigations. APD’s goal is to have the Detective Academy running by next summer.

APD Lt. Hollie Anderson had this to say:

“We not only need good trained detectives and a supportive chain of command, but we also need the community to participate and assisting us in solving these issues.”

APD says they’re also working more closely with prosecutors and investigators in the Bernalillo County District Attorney’s office and at the New Mexico Attorney General’s office.
The link to the news source is here.

https://www.koat.com/article/homicides-setting-record-in-abq/35018090

In making the announcement of changes at APD, Interim Police Chief Harold Medina addressed crime trends over the last three decades had this to say:

“Albuquerque’s homicide rate is way too high. … They generally swing very drastically over time. … There are many factors that contributes to our homicide rates—economic reasons, domestic violence, drugs, and illegal narcotic sales. Access to firearms. …

One thing that we’ve learned over the past couple years is we struggle with investigations as a department, and we want to improve our ability to conduct these investigations, but in order to do that we have to put the threat tools in the toolbox so to speak for our officers and our detectives. It’s search and seizure issues developing strong criminal complaints, understanding crime trends, so we could tie more crimes together and get a bigger impact for when we arrest somebody who’s a serial burglar for example. ”

https://www.kob.com/albuquerque-news/apd-announces-new-improvements-to-homicide-unit/5955828/?cat=500

APD CLEARANCE RATES

FBI statistics reveal that Albuquerque has the dubious distinction of having a crime rate 194% higher than the national average. Albuquerque has been on the forefront of the trend on violent crime increasing for the last 5 years and homicides have more than doubled. In 2014, the city had 30 homicides and each year thereafter homicides increased and in 2019 the city had 82 homicides, the most in the city’s history.

As of December 17, there have been 75 homicides reported in Albuquerque for 2020. With 75 murders thus far for 2020, the city is on track to once again to match or exceed the all-time record of 80 homicides in one year or come very close to it by the end of the year.

The FBI reports that the national homicide clearance rate is 61%. In 2019, APD’s clearance rate was 52.2% when the city reached 80 homicides in one year. In Albuquerque, so far the clearance rate is again at 52% for 2020. It more likely than not the clearance rate will fall even further in 2020 as more murders occur.

SOURCE OF CLEARANCE RATES

The city’s APD yearly budget contains performance evaluation statistics mandated by the city’s “performance evaluation” based budget. According to city budget documents, APD’s homicide clearance rate reported in the FBI’s Uniform Crime Report was 80% from fiscal year 2009 to fiscal year 2016. In 2018 and 2019, the percentage of homicides solved by APD dropped to 52%. That number reflects homicides that weren’t deemed justifiable. The overall clearance rate for 2018 and 2019 was is slightly higher because detectives solved 9 homicides from prior years.

For the past 3 years during Mayor Keller’s tenure, the homicide clearance percentage rate has been in the 50%-60% range. According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%. In 2017, under Mayor Berry the clearance rate was 70%. In 2018, the first year of Keller’s term, the homicide clearance rate was 56%. In 2019, the second year of Keller’s term, the homicide clearance rate was 52.5%, the lowest clearance rate in the last decade.

https://www.krqe.com/news/albuquerque-metro/detectives-investigating-overnight-homicide-in-ne-albuquerque/

APD HOMICIDE HAD SPECIALIZED TRAINING IN SUMMER 2019

One year ago, on December 26, this blog published the article “All Time Low APD Clearance Rate; Charging And Jailing An Innocent Child For Murder; Can Lead Homicide Unit To Water But Refused To Be Trained”. The article was emailed to Mayor Tim Keller, the APD Chief and all the Deputy Chief’s.

https://www.petedinelli.com/2019/12/26/all-time-low-apd-clearance-rate-charging-and-jailing-an-innocent-child-for-murder-can-lead-homicide-unit-to-water-but-refused-to-be-trained/

This blog reported in the December 26, 2019 blog article that sources confirmed that the firm “Law Enforcement Training and Consulting Services” were retained in the summer of 2019 year on a three-month, sole source contract for $75,000 to train the APD homicide unit on investigations, evidence gathering and follow-up. All APD sergeants, detectives and lieutenants, who investigate and supervise violent crime investigations, were given the training. A total of 126 APD personnel went through and completed the training and instructions provided by a former retired APD homicide detective now with “Law Enforcement Training and Consulting Services”. The former APD Detective has been involved with investigations of high-profile murder cases in the country.

Law Enforcement Training and Consulting Services reviewed the arrest warrant regarding the 17-year-old high school girl Gisell Estrada arrested and jailed for a murder she did not commit because of a case of mistaken identity by the APD Homicide unit. Law Enforcement Training and Consulting Services concluded it went against everything APD officers had been trained on.

The firm stated they could provide no reason why the homicide division made such “colossal” mistakes contrary to all they had been trained and the arrest could have been prevented had the detective followed basic follow up practices to confirm identity. Instead, the detective ran with the information he had without even an attempt to verify, either out of being lazy or incompetence.

APD HOMICIDE UNIT HAS SHAMEFUL HISTORY OF BOTCHED INVESTIGATIONS

The APD Homicide Unit has a dubious history of botching any number of high-profile murder investigations. The APD Homicide Unit has compiled a history of not doing complete investigations, misleading the public, feeding confessions to people with low IQs, getting investigations completely wrong and even arresting innocent people.

A listing of homicide investigations reflecting negligence include:

2005 to 2008: Robert Gonzales: A a mentally retarded young man was arrested by APD and charged with the rape and murder of an 11-year-old neighbor. Weeks after the arrest DNA evidence confirmed Gonzales was not the offender. The Homicide and the Bernalillo County DA never turned this evidence over to the court and defense attorneys. Only after Gonzales spent 965 days in jail for a crime he didn’t commit and and only after he was released by the judge was the DNA evidence exposed.

2007 to 2011: Michael Lee and Travis Rowley, working as a group of salesmen, were arrested and charged with the murders and rape of an elderly Korean couple. Both Lee and Rowley had below normal IQs. Lee confessed to the murders, Rowley did not. Shortly after the arrests, DNA evidence excluded both men and confirmed that Albuquerque serial killer, Clifton Bloomfield was the offender. APD and the DA kept both men locked up for over a year before they were released.

2015 to 2016: Christopher Cruz and Donovan Maez are wrongly arrested for the murder of Jaydon Chavez Silver. They spent10 months in jail before the Bernalillo County DA reviewed the entire case sent to them by APD Homicide, finding that there was no evidence that Cruz and Maez were involved. APD Homicide is alleged to have fed witnesses information for them to repeat in interviews and threaten witnesses to provide false information.

https://www.petedinelli.com/2018/07/02/abq-report-apd-homicide-units-legacy-of-shame/

10 YEAR OLD VICTORIA MARTENS MURDER

The most egregious negligent murder investigation was the murder investigation of 10-year-old Victoria Martens. On August 24, 2016, she was murdered, dismembered and here body was burned in a bathtub. The initial APD Homicide investigation alleged that it was Jessica Kelley that stabbed 9-year-old Victoria Martens and that Fabian Gonzales strangled her while Michelle Martens, the child’s mother, watched the murder.

Gonzales was accused of drugging, raping and killing 10-year-old Victoria. After further investigation, Bernalillo County District Attorney Raul Torrez was forced to abandon the prosecution’s theory of the case and forced to drop the rape and murder charges against Gonzales. DA Torrez then accused Gonzalez of helping his cousin dismember the body of 10-year-old Victoria Martens after the child was reportedly killed by an unidentified man who was looking for Gonzales for revenge.

It was revealed that Jessica Kelley did not murder the child. Michelle Martens falsely admitted to committing the crimes. Forensic evidence revealed she and her boyfriend Fabian Gonzales were not even in the apartment at the time of the murder, they did not participate in the murder and that there was an unidentified 4th suspect in the case who committed the murder with supposedly DNA evidence found on the child’s dead body. The unidentified 4th suspect in the case is still at large.

https://www.abqjournal.com/1393384/fabian-gonzales-released-from-mdc.html

COMMENTARY AND ANALYSIS

One would be inclined to break out laughing to the point of tears if it were not so damn pathetic that Interim Chief Harold Medina would actually say:

“Albuquerque’s homicide rate is way too high. … One thing that we’ve learned over the past couple years is we struggle with investigations as a department, and we want to improve our ability to conduct these investigations, but in order to do that we have to put the threat tools in the toolbox so to speak for our officers and our detectives.”

No “S_ _ _ Sherlock!” when Medina says “Albuquerque’s homicide rate is way too high” which has been the case now for the last 10 years!

NO EXCUSE FOR MEDINA’S INGNORANCE

Truth be known, Interim Chief Harold Medina has learned nothing over the past 3 years while he was a Deputy Chief and then First Deputy Chief. For those full 3 years he knew what was going on with the homicide unit. Only now that he is Interim Chief trying to become permanent that he tries to tell everyone that it is he that has come up with a solution of training. Medina continues with his false narrative that all that is wrong with APD now is the fault of former APD Chief Michael Geier. It was Medina who orchestrated Geier’s departure with the help of CAO Sarita Nair.

There can be little or no doubt that Medina was aware that the firm “Law Enforcement Training and Consulting Services” were retained in the summer of 2019 year on a three-month, sole source contract for $75,000 to train the APD homicide unit on investigations, evidence gathering and follow-up. All APD sergeants, detectives and lieutenants, who investigate and supervise violent crime investigations, were given the training. A total of 126 APD personnel went through and completed the training and instructions provided by a former retired APD homicide detective now with “Law Enforcement Training and Consulting Services”.

DOUBLE THE SIZE OF THE HOMICIDE UNIT TO 24

Soon after Mayor Tim Keller took office on December 1, 2017, he increased the homicide unit from 5 to 11. APD is now adding one more making it 12. This is the most detectives they’ve had in the unit in more than 20 years. The homicide clearance percentage has sat in the 50%-60% range for the past two years, but this is lowest clearance rate in the last decade. According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%. In 2017 the clearance rate was 70% and the clearance rate for 2018 was 56%. The clearance rate is now below 50%.

The longer a homicide case takes to complete an investigation or is neglected because of lack of personnel, the less likely the cases will be solved and prosecuted. Adding to the crisis is the emotional toll an unsolved murder takes on the families of the victims. Now we have collateral damage with false arrests such as Gisell Estrada.

Because of the sure number of homicides and the pathetic homicide clearance rate, the Homicide Investigation Unit needs to be increased from 12 detectives to at least 25 detectives. Far more needs to be done with respect to recruiting and training. APD is in a crisis mode and it needs to concentrate on recruiting seasoned homicide detectives from other departments if necessary. At the very least, APD needs to ask for temporary assignment of personnel from other agencies such as the Bernalillo County Sheriff’s Department or the New Mexico State Police to help clear out the cases.

Mayor Tim Keller refuses to recognize the fiasco the APD homicide unit has become, even after he was encouraged almost 2 years ago to do something. What’s even worse, Keller has declined to hold the unit responsible for incarcerating an innocent 17-year-old girl for murder. Now that Keller is running for another term, maybe he will finally act and show more leadership and more backbone and less public relations and make sure that 17 year old’s are not charged with murders they did not commit.

A link to a related blog article is here:

All Time Low APD Clearance Rate; Charging And Jailing An Innocent Child For Murder; Can Lead Homicide Unit To Water But Refused To Be Trained

INTRODUCTORY EDITOR’S NOTE: This blog article is an in depth analysis of Sheriff Manny Gonzales and his refusal to enforce constitutional public health orders. It is also an in depth discussion of US Supreme Court rulings, New Mexico statutes enacted, approved vaccines and discusses the health risks associated with the vaccines. The blog article concludes by encouraging people to wear a mask and take the vaccine once available to the general public.

BCSO SHERIFF MANNY GONZALES

Bernalillo County Sheriff Manny Gonzales is at it again for a 4th time within a year with his grandstanding ways as he runs for higher office, either Mayor or United State Congress, depending on the day you talk to him.

FIRST: Gonzales has repeatedly refused to mandate the use of lapel cameras by his sheriff deputies, saying there was no proof that the lapel cameras are needed and they only result in second guessing of law enforcement. Sheriff Gonzales has consistently opposed the use of lapel cameras by the Bernalillo County Sheriff’s office, even when the Bernalillo County Commission allocated funding for lapel cameras and he declined to spend the financing. Lapel camera usage is required of APD and law enforcement agencies throughout the country. On July 15, Sheriff Gonzales essentially ignored the 2020 legislature’ s mandated use by all law enforcement agencies in the state. At the time, Gonzales announced he was looking to partner with a private company so his deputies can put “smart phones” in their vests and record video instead of using the specialized body cameras. Currently, sheriff deputies are not wearing any cameras. According to Sheriff Gonzales “I’m here to keep people safe. I found nowhere in that oath where that makes me more transparent. There is no proof that cameras make agencies more transparent.” Sheriff Gonzales said BCSO body cameras should be up and running sometime in early 2021.

https://www.kob.com/albuquerque-news/bcso-leaderships-address-new-crime-statistics-police-body-cameras/5957838/?cat=500

Editor’s Note: The elected Bernalillo County Commission has no authority over the elected Bernalillo County Sheriff and cannot give the Sheriff any orders. The Sheriff’s Office is a separate agency funded by the county. Citizens can make their opinions and suggestions known to the Sheriff through the Bernalillo County Sheriff’s Advisory and Review Board, but the Sheriff has absolutely no obligation to honor the suggestions.

SECOND: Gonzales made a big announcement in the summer of 2020 saying he was going to the White House to “meet with President Trump”. It turns out the Sheriff was only invited to the White House for a press conference for a photo op. He did not even speak at the press conference. True or not, it was interpreted as an endorsement of President Trump’s law enforcement policies with Gonzales declaring it was his duty to cross party lines when it comes funding and law enforcement initiatives.

THIRD: Gonzales opposes the Bernalillo County District Attorney’s questionnaire for his sheriff deputies to identify misconduct, disciplinary action and biasness. Gonzales foolishly proclaimed that the DA’s questionnaire was ”unconstitutional” and interfered with deputies “right to privacy.” Since 1972, the mandatory disclosures of police officer misconduct to defense for purposes of impeachment of veracity on the witness stand have been required by the United States Supreme Court.

Sheriff Gonzales instructed BCSO Deputies not to answer the DA’s questionnaire and got cute substituting his own questionnaire that has only 2 questions. Those two questions are:

1. “Are you aware of any sustained Internal Affairs investigatory findings indicating you provided untruthful testimony, or were found to be untruthful in the course of your duties?”

2. “Are you aware of any court or judicial body that has determined you provided false or deliberately misleading testimony under oath?”

The questions can be answered with a “yes” or “no”. Asking a deputy sheriff if you “are aware” you have done something wrong is not the full disclosure as required by the United States Supreme Court.

FOURTH: On December 19, a defiant Bernalillo County Sheriff Manny Gonzales on a video proclaims he will not enforce “unconstitutional laws” when it comes to the corona virus pandemic. In a video posted to YouTube, Gonzales said he sympathizes with business owners and houses of worship, and accused politicians of “turning everyday citizens into villains.” Gonzales got the publicity he covets when local news agencies covered the story. Gonzales had this to say:

“I choose to direct this agency’s time and resources to the laws deemed to keep people free of crime. … Overreaching restrictions will harm our community. For that reason, we will not follow along with any orders that subvert constitutional rights.”

A link to the YouTube Video is here:

https://www.youtube.com/watch?v=v95B1lpt_PM

Governor Michell Lujan Grisham’s office issued the following statement in response to Sheriff Gonzales:

“Over 2,000 New Mexicans have been killed by COVID-19, including over 460 people in Bernalillo County. It is deeply disappointing, not to mention directly harmful, that any public official would take any action that undermines the health and safety of their community. All New Mexicans should agree on the importance of doing anything and everything we can to save lives.”

On Saturday, Bernalillo County reported 449 additional COVID-19, the most new cases out of any county in the state.

https://www.kob.com/albuquerque-news/bcso-sheriff-said-he-will-not-enforce-lsquounconstitutional-lawsrsquo-under-statersquos-covid-response/5956363/?cat=500

A BADGE DOES NOT ALLOW YOU TO PRACTICE LAW WITHOUT A LICENSE

Governor Michelle Lujan Grisham has declared a public health crisis and has issued emergency health orders to deal with the Corona Virus pandemic. The public health orders are allowed by New Mexico State law. The Public Health orders have taken the form of retail business closures, restaurant closures, cancellation of public events, school closings, church closings, and limiting gathering and self-quarantine orders and social distancing to prevent the spread of the virus.

Cases have been filed with New Mexico Supreme Court by private citizens, businesses and the the Republican Party to stop Governor Michell Lujan Grisham’s public health orders attempting to declare the public health orders as “unconstitutional”. Gonzales is using the exact same inflammatory rhetoric the Republican party uses that the health orders are “unconstitutional”. Gonzales acts as if a badge gives him a license to practice law. Virtually all the lawsuits filed to set aside the Governor’s public health orders as “unconstitutional” have been thrown out by the New Mexico Supreme Court almost as quickly as they have been filed.

EXTENT OF THE PANDEMIC

According to the United States Center for Disease Control (CDC) cases, as of December 18, there are 17.4 million total cases of Covid, there have been over 313,000,00 deaths in the United States alone. Worldwide, there are 75.5 million reported cases, 42.6 million have recovered and 1.67 million have died.

The New Mexico Department Of Health (NMDOH) reports that as of December 21, there have been a total of 2,171 reported deaths and 129,993 positive tests, 1,703,332 negative tests with 820 hospitalized in New Mexico for COVID-19. Two highly effective vaccines have been now been approved by the United States Food and Drug Administration and are now being distributed throughout the United States.

STATES AND CITIES CAN ISSUE PUBLIC HEALTH ORDERS AND MANDATE IMMUNIZATION

It is well settled US Constitution Supreme Court case law that state and local governments in the United States can issue public heath orders and even mandate immunizations. The United States Supreme Court has heard several challenges to these mandates and public health orders and has consistently ruled the mandates are indeed constitutional. Since 1905, the United States Supreme Court has said repeatedly in rulings that it is constitutional in a public health crisis for the government to require people to do certain things or to prohibit certain things that they normally would not do or could do and even refuse to do.

In 1905, during the small pox epidemic, the United State Supreme Court case of Jacobson v. Massachusetts, 197 U.S. 11 (1905), upheld the authority of states to enforce compulsory vaccination laws. The United States Supreme Court upheld the authority of Cambridge, Massachusetts, to require smallpox vaccinations when a Massachusetts minister refused to get a vaccination for the disease and refused to pay the fine.

In the Jacobson case, the state of Massachusetts delegated to local authorities the power to mandate smallpox vaccines. Faced with a smallpox outbreak, the city of Cambridge passed an ordinance requiring all people not vaccinated within a certain time frame to be vaccinated , or be re-vaccinated, if they were vaccinated too long before. The city ordinance provided for a criminal fine of $5 to those who refused. Minister Jacobson refused to vaccinate for small pox because of his concerns about the vaccine’s safety and he also refused to pay the fine. Reverend Jacobson challenged his conviction all the way up to the Supreme Court. The Court upheld his conviction on the grounds that individual rights are not absolute, and states can interfere with rights to protect the public health, as long as it’s reasonable.

The US Supreme Court’s decision in Jacobson stands for the proposition that freedom of the individual must sometimes be subordinated to the common welfare of all people and is subject to the police power of the state. The court ruled that the state did have a right to legally require and compel the vaccinations. The United State Supreme Court came down in favor of state governments being allowed to mandate vaccinations so long as it is reasonable to protect the public health, safety and welfare of citizens.

https://supreme.justia.com/cases/federal/us/197/11/

It is also well settled United States Supreme Court constitutional case law that the legislative branch can give the executive branch the authority to issue executive orders in times of national emergency over private enterprise. In 1952, the United States Supreme Court ruled in the case of Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) that the authority to issue executive orders is whatever authority the legislative branch gives to the executive.

The case involved President Harry Truman who ordered the seizing of the steel mills and directed the steel mill presidents to operate mills as managers for the United States during the Korean War. The Supreme Court found that Truman did not have the authority. The Supreme Court found that the President’s power, if any, to issue such an emergency orders must stem either from an act of Congress or from the Constitution itself. Subsequent Supreme Court ruling have found that “executive power” of the President and by extension state governors to issue executive orders is whatever power the congress or the state legislators gives to them by enactment of legislation giving them those powers.

https://www.historyofvaccines.org/content/blog/jacobson-v-massachusetts-reiss

TWO SEPARATE AUTHORIZATION STATUTES

In New Mexico, the legislature has enacted two laws authorizing and empowering the Governor, the executive branch, to issue public health orders in time of a public health emergency such as the pandemic. The two statutes enacted are the “Public Health Act” and the “Public Health Emergency Response Act.” The Governor has the authority to issue executive orders in times of national emergency over private enterprise. Actions for violations of the “Public Health Act” are criminal carrying a penalty fine or jail time or both upon conviction. Violations of the “Public Health Emergency Response Act” are strictly civil and carry only a fine as a penalty.

“PUBLIC HEALTH ACT”

In 1973, the New Mexico Legislature enacted the New Mexico Public Health Act (NMPHA), section 24-1-3, et. seq., (Laws 1973, Chapter 359, as amended) which is administered and enforced by the New Mexico Department of Health. It outlines the powers and authority of the department. There are at least 12 specific provisions of the NMPHA that empowers the department by and through the Governor by appointment of the cabinet secretary.

The Public Health Act is the law the Governor has been using to temporarily close businesses and it allows for the state to levy $100-dollar criminal fine against non-compliant businesses, per day. Violations of the “Public Health Act” are criminal and contains a criminal penalty provisions that can be sought and enforced for violations of the Health Department orders. Municipal police departments, county sheriffs and the state police all can issue criminal citations that are misdemeanors that carry a maximum $100 fine and 6 months in jail.

A link to the Public Health Act is here:

https://law.justia.com/codes/new-mexico/2013/chapter-24/article-1/

“PUBLIC HEALTH EMERGENCY RESPONSE ACT”

The “Public Health Emergency Response Act” (PHERA) is the law the state has been using to threaten or issue businesses a civil fine of up to $5,000 per day.

In 2003, the New Mexico legislature also enacted the Public Health Emergency Response Act (PHERA) which is the law the Governor has been using to threaten or issue businesses citations carrying a civil penalty fine of $5,000 per day. Violations of The PHERA is not criminal. The act empowers the Governor to issue executive orders to respond to a health emergency that threatens the public health, safety and welfare, such as the corona virus pandemic.

It is section 12-10A-5 that empowers the Governor to declare a state of public health emergency and it provides in part as follows:

A. A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.

B. A state of public health emergency shall be declared in an executive order that specifies:
(1) the nature of the public health emergency;
(2) the political subdivisions or geographic areas affected by the public health emergency;
(3) the conditions that caused the public health emergency;
(4) the expected duration of the public health emergency, if less than thirty days;
(5) the public health officials needed to assist in the coordination of a public health emergency response; and
(6) any other provisions necessary to implement the executive order.
C. … D. … E. …. “

A link to the “Public Health Emergency Response Act” is here:

https://law.justia.com/codes/new-mexico/2006/nmrc/jd_ch12art10a-712b.html

APPROVED VACCINES

Two vaccines for the Corona Virus 19 have been approved and being distributed, with a 3rd on the horizon. A major problem the American people are confronted with in addition the virus is ourselves and the refusal of people to wear a mask or take the vaccine. Medical experts from Doctor Anthony Fauci to the politicians are essentially begging the American public and the skeptics of medical science to please wear a mask and take the vaccines once available. Former Presidents Barrack Obama, George W. Bush and Bill Clinton announced they will take the vaccine together. Trump remains sulking in the White House over his loss with President Elect Joe Biden and Republican Vice President Mike Pence taking the vaccine. President elect Joe Biden has declared that his goal for the first 100 days of his administration will be to convince 100 million people take the vaccine.

The medical science skeptics believe the risk of taking the vaccine and getting seriously ill outweigh the benefits and will not stop the spread of the disease. Self proclaimed defenders of the United States Constitutional rights proclaim the government has no right to order them to wear a mask and cannot be forced to take the vaccine, which is “dead wrong” in this case, figuratively and literally.

ABOUT THE VACCINES

The U.S. Food and Drug Administration has now approved two vaccines for distribution with a third on the verge of approval. Both vaccines are in short supply. The initial dose batches are being given to people at high risk of infection or serious illness including frontline health care workers and the residents and staff of nursing homes and other long-term care facilities and the elderly.

FDA APPROVED VACCINES

The two approved vaccines are:

1. The Pfizer Vaccine

On December 11, it was announced that the U.S. Food and Drug Administration issued the first emergency use authorization for a vaccine for the prevention of coronavirus disease 2019 (COVID-19) manufactured by Pfizer Inc which within days began shipping. The Pfizer-BioNTech vaccine requires ultracold storage for deliver and storage to health care providers.

2. The Moderna Vaccine

On December 18, it was announced that the U.S. Food and Drug Administration issued the second emergency use authorization for a vaccine for the prevention of coronavirus disease 2019 (COVID-19) manufactured by Moderna. The Moderna vaccine can be distributed much easier because it can be stored at normal freezer temperatures and, unlike the Pfizer-BioNTech vaccine, does not require ultracold storage. It also comes in much smaller batches, making it easier for hospitals in less populated areas to use quickly.

SIDE EFFECTS OF VACCINES

While it may take a while for production to increase to the point where a vaccine is readily available to the general public, health experts say there is one thing that’s critical for people to understand and that is the vaccines may cause side effects. Both vaccines require 2 separate injections spread out over a 2 or 3 week period.

The most commonly reported side effects, which typically lasted several days in test groups, were pain at the injection site, tiredness, headache, muscle pain, chills, joint pain, and fever. The side effects are essentially the same type of side effects experienced with the flu vaccine. Vaccination providers and recipients can also expect that there may be some side effects after either dose, but even more so after the second dose.

There have been reports of only two allergic reactions with people who are prone to such reactions.

https://www.aarp.org/health/conditions-treatments/info-2020/coronavirus-vaccine-side-effects.html

COMMENTARY AND ANALYSIS

Bernalillo County Sheriff Manny Gonzales has become a pathetic throwback to the archaic attitude that law enforcement is somehow above the law. Gonzales obviously thinks he can practice law without a license and declare fully authorized and lawful public health orders as “unconstitutional.” With his actions, Gonzales undermines or attempts to essentially sabotage the State’s actions to get control of the pandemic.

Gonzales ostensibly is in total denial of what is happening with the pandemic by his actions. It appears he does not believe in medical science and research and attempts to hide behind the United States Constitution. Taking the vaccine needs to be a condition of continued employment in any job that requires dealing with the general public, such as law enforcement. Next thing we may all witness is a Bernalillo County Sheriff refusing to take the vaccine himself nor order his deputies to take the vaccine arguing it violates constitutional rights.

Sheriff Gonzales, as he runs for Mayor or Congress, likely knows that the general public has a tendency to resist anything perceived as an infringement of their civil rights and constitutional rights. Too many believe the corona virus is simply not a serious public health crisis, despite all the deaths and the ravaging effects of the virus.

Gonzales with his defiant conduct declaring he will not enforce “unconstitutional laws” in the Coronavirus response is political pandering with a very serious dark side. It is pandering that is dangerous to the public health, safety and welfare of the very people that Gonzales supposedly took an oath to serve and protect.

If Bernalillo County Sheriff Manny Gonzales feels he cannot enforce the public health orders that are in fact constitutional, he is refusing to do his job and needs to step down as he runs for higher office.

If not, Gonzales needs to just stop the pandering, stop his “truth decay”, stop undermining the public health orders and get with the program by doing his part in enforcing the public health orders as issued by the Governor.

Sooner rather than later, the federal government, state governments or city governments may mandate the wearing of masks or the taking of the vaccine in order to stop the disease. Until now the choice is ours and should be done without resistance. The statistics are as clear as ever. We are not “turning the corner” as Presidential Fool Trump said when he was running for a second term and lost by a landslide primality because sure incompetency handling the virus.

We are now faced with even more deaths and the vaccines could have not come sooner giving the American people hope for the first time in a year. Thus far, President Elect Joe Biden is resisting calling for the mandatory wearing of masks in public, resisting a call for mandatory shut down of the entire country and a quarantine, and is attempting to convince the public to voluntarily wear a mask in public and to get the vaccine once available.

Please, wear the damn mask. Please get the vaccine once available. Your life and the life of others depends upon it. You have no constitutional rights or civil rights if you are dead.

After over 6 weeks of speculation that Governor Michelle Lujan Grisham, United States Senators Tom Udall and Martine Heinrich were seeking or in line to be appointed to President-Elect Joe Bidens’ Cabinet, especially as Secretary of the Interior, all 3 are remaining in New Mexico. Only one person is leaving to join the Biden cabinet and to play in the big league and that is First Congressional District Congresswoman Debra Haaland. On December 17, the news of her appointment spread like wildfire, not only in New Mexico but throughout the country as national news agencies reported that a number of sources had confirmed that Congresswoman Debra Haaland had indeed been appointed Secretary of Interior.

HISTORIC APPOINTMENT

Once confirmed by the U.S. Senate, Haaland will become the first Native American woman to be part of any presidential cabinet. When she was elected for the first time to congress in 2018, Haaland was one of the first Native American women to serve in the United Sates Congress.

Congresswoman Debra Haaland, age 60, is a Laguna Pueblo member and former San Felipe Pueblo tribal administrator. Before being elected to the 1st Congressional District in 2018, she served as the chairwoman of New Mexico’s Democratic Party. There was a strong lobbying effort made on her behalf by House members, Native American groups and tribes.

Haaland was born in Arizona, but her family moved repeatedly because of her father’s military career. Ultimately, she settled in Albuquerque in order to be closer to family who also belong to Laguna Pueblo. She is a graduate of Highland High School, and enrolled at the University of New Mexico at 28 years old and later earned a law degree from UNM Law School.

The Congresswoman has had personal and financial struggles that she has overcome during he lifetime, including struggles with homelessness and alcoholism and she was a single mom while she attended school.

Congresswoman Haaland in accepting the appointment had this to say:

“A voice like mine has never been a Cabinet secretary or at the head of the Department of Interior. I’m incredibly honored to accept President-elect Joe Biden’s nomination for Secretary of the Interior. As our country faces the impacts of climate change and environmental injustice, the Interior has a role and I will be a partner in addressing these challenges by protecting our public lands and moving our country towards a clean energy future.”

“It’s profound to think about the history of this country’s policies to exterminate Native Americans and the resilience of our ancestors that gave me a place here today. This historic moment will not go by without the acknowledgment of the many people who have believed in me over the years and have had the confidence in me for this position. I’m forever grateful and will do everything I can to be fierce for all of us, our planet, and all of our protected land. I am honored and ready to serve. ”

https://www.kob.com/albuquerque-news/biden-picks-rep-haaland-to-be-first-native-american-interior-secretary/5954487/?cat=500

ABOUT THE INTERIOR DEPARTMENT

The Department of Interior is a massive department that oversees America’s land and “conserves and manages the Nation’s natural resources of water, wildlife, energy resources and cultural heritage for the benefit and enjoyment of the American people. It provides scientific and other information about natural resources and natural hazards to address societal challenges and create opportunities for the American people, and honors the Nation’s trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated island communities to help them prosper.”

https://www.doi.gov/about

The Department of Interior manages upwards of 507 million acres of federal land, or about one-fifth of the land in the United States. The Interior Department manages 476 dams and 348 reservoirs through the Bureau of Reclamation, 410 national parks, monuments, seashore sites, etc. through the National Park Service, and 544 national wildlife refuges through the Fish and Wildlife Service.

The Bureau of Indian Affairs is part of the Interior Department and the bureau handles federal relations with Native Americans. The Interior Department handles and oversee Native American Trusts set up to track the income and distribution of monies that are generated by the trust and specific Native American lands, which the government leases for fees to companies that extract oil, timber, minerals, and other resources.

THE PROCESS TO REPLACE

The timing of Haaland’s resignation from congress will have a major impact on when a special election is held to replace her. Haaland could remain in her U.S. House seat through the Senate confirmation process, and if she is not confirmed, she would remain in congress. If and when of Haaland’s resignation from congress will determine when the New Mexico Secretary of State must call for a special election. The word “if” is used because Haaland still must be confirmed by the Senate and over the years more than one cabinet nominee has had to withdraw after US Senate hearings and vetting.

Under New Mexico law, a special election must be held between 77 to 91 days after the seat is vacated. In 2019, the New Mexico legislature changed its law on the process used to fill vacancies in the United States House and Senate. Under the new law, there are no primary elections. Instead, New Mexico’s 3 recognized political partties central committees (Democrat, Republican and Libertarian Party) will meet and nominate their own candidates at least 56 days before the special election. In the Democratic Party, only members of the Bernalillo County delegation of the State Central Committee will vote to fill the vacancy. There are about 170 members from the Albuquerque district on the Central Committee and sources have confirmed more than on candidate has already begun calling State Central Committee member in the Demorate and Republican parties.

A very interesting fact is that under the United States Constitution, to run for the United States House of Representatives, you have to be at least 25 years old and have been a U.S. citizen for at least seven years, and that’s it. There is no residency requirement that you must live in the congressional district you are vying to represent.

THE RACE TO REPLACE

And now the scramble begins. Within hours after it was announced that Congresswoman Debra Haaland will be nominated as Secretary of Interior, speculation began to spread as to who may run to replace her in congress.

DEMOCRATS

On the Democrat side, those that are being mentioned include:

Former United States Attorney for the District of New Mexico Damon Martinez, who came in 2nd to Haaland in the 2018 primary.

State Senator Antoinette Sedillo Lopez, who ran for the position in 2018 and came in 3rd in the primary.

Albuquerque City Councilor Pat Davis, who also ran for the job in 2018 and dropped out to endorse Haaland after polls showed Davis coming in dead last with very little support and his inability raise money.

Bernalillo County Sheriff Manny Gonzales, who is also eyeing the Mayor’s race. Gonzales would formidable in a short congressional race where only the State Central Committee delegates votes and the more progressive candidates would divide the progressive committee vote.

Westside Albuquerque City Councilor Lan Sena who was appointed to the City Council by Mayor Tim Keller after the death of long time City Councilor Ken Sanchez.

Secretary of State Maggie Toulouse Oliver who ran in 2020 for the US Senate against Senator elect Ben Ray Lujan. Although Toulouse Oliver moved to Santa Fe after serving as Bernalillo County Clerk and being elected Secretary of State, she could still run for congress in that there is no residency requirement.

NM State Rep. Melanie Stansbury. who has been twice elected to the New Mexico House and has served as an environmental adviser in the Obama White House.

Bernalillo County District Attorney Raul Torrez has told people in private more than once that he wants to run for higher office and that the DA’s office is a stepping stone for him. A Bernalillo County District Attorney has gone on to become a United States Congressman. After serving two terms as District Attorney, Republican Congressman Steve Schiff was elected 5 times to congress.

Highly respected trial attorney Randi Mc Ginn, a former Assistant Bernalillo County District Attorney and Special Prosecutor of the two police officers charged in the murder of homeless camper James Boyd is said to be interested in running. She is also the widow of the late Supreme Court Justice Charles Daniels.

Former Democratic Party Chairman and private attorney Sam Bregman, who is also be said to be interested in being appointed the United States Attorney for the District of New Mexico.

Mayor Tim Keller, who has said he is running for a second term as Mayor in 2021 but may be compelled to run instead for Congress realizing being a congressman is a lot easier than being a mayor faced with serious problems.

New Mexico State Auditor Brian Colon is said to be making phone calls to the State Central Committee expressing interest in the congressional. Colon has already made it known he intends to run for Attorney General in 2020, but that will not happen if he is elected to Congress. Colon already has a war chest raised of around $200,000 for his next race whatever that may be.

Attorney Zack Quintero, who ran for Albuquerque City Council in 2019 and he now works for the state in a mediation program.

US Representative Xochitl Torres Small could run for the Albuquerque based congressional district. Although she lost her re election Southern Congressional District to Yvette Harrel in a rematch, there is nothing that would prevent Torres Small from moving to Albuquerque to run for congress here. Frankly, she is a much better fit for Albuquerque than the Southern Congressional District. If Toulouse Oliver can run without living in Albuquerque so can Xochitl Torres Small. With the millions she spent on TV advertising for her re-election bid that flooded the Albuquerque market, you would have thought she was running in Albuquerque and he name identification is extremely high in the district.

REPUBLICANS

On the Republican side, those being mentioned include:

Mark Ronchetti, the 2020 Republican nominee for US Senate and former TV weatherman personality.

Michell Garcia Holmes, 2020 Republican Congressional nominee who ran against Debra Haaland, 2018 Republican nominee for Lieutenant Governor and 2017 candidate for Mayor of Albuquerque.

Eddy Aragon, the conservative radio talk show host for “Rock the Talk”.

LIBERTARIAN

No names have yet surfaced for the Libertarian party.

COMMENTARY AND ANALYSIS

Biden’s selection of a Native American to fill the position of Secretary of Interior makes sense on many levels. Biden has said he wants his cabinet to reflect the diversity of the American people and the selection of a Native American Secretary of Interior sends a strong message of inclusions to the hundreds of Native American pueblos and tribes throughout the country. There is no doubt Native Americans were consequential in electing former Vice President Joe Biden President not only in New Mexico but Arizona and Nevada as well with their historic turnout numbers. It was the turnout of Native Americans to vote for Biden over Trump that led to the conclusion there was a need to have somebody at the Cabinet level from the Native American community.

It’s understood that the Department of Interior, along with the Park Services, oversees maintenance of the White House. It would be marvelous that come January 20, 2021 when President Joe Biden is sworn in if he would ask Secretary of Interior Designate Debra Haaland, accompanied by the Secret Service, to go to the White House and if Trump has not vacated it to deliver an eviction notice that Trump leave it immediately and telling him he is no longer President and is trespassing. Perhaps Secretary of Interior Designate Debra Haaland would be willing to ask US Senator Elizabeth Warren, who Trump called Pocahontas,  to accompany her, to deliver the eviction message to Trump and his family.

In the meantime, Albuquerque can now look forward to the negative political ads emerging in 2021 as it has both a special election for congress and election for Mayor. In the time of a pandemic and quarantine, we are definitely a “captured audience” with no choice but to turn off TV or subscribe to cable to avoid the political ads.

HAPPY NEW YEAR!