Joe Monahan in his political blog picked up and reported on news that really should come as no surprise to anyone.

District Attorney Raul Torrez just may have a major challenger for District Attorney in his 2020 race for reelection, if he decides to run as expected.

The one name surfacing at this point is Ahmad Assed, a longtime Democratic party activist and a very prominent criminal defense attorney known for his fundraising abilities.

There is no doubt that Ahmad Assed is one of the more successful and respected criminal defense trial attorneys in Albuquerque.

Assad’s prominence is one reason one local TV news agency has him frequently making expert commentary and analysis on high profile criminal cases.

THE PLEA AGREEMENT

Torrez announced that his office did a two-year investigation and review of the evidence found Michelle Martens falsely admitted to committing the crimes she was charged.

According to Torrez, the forensic evidence revealed Martens and her boyfriend were not even present and did not participate in the murder of 10-year-old Victoria Martens who was raped, murdered, dismembered and then burned in a bathtub of her home.

The plea agreement Torrez negotiated was to one count of child abuse, recklessly caused, resulting in the death of a child under 12 and guarantees a 12 to 15-year sentence and dropping the most egregious charges.

DA Torrez agreed that Michelle Martens’ crime she plead guilty to will not be classified as a serious violent offense, meaning she could see her sentence cut in half for good behavior and serve as little as 6 years if she is sentenced to 12 years.

The probability that Martens will be sentence to 12 years is very high.

A pretrial sentence report will be prepared for the District Court Judge who will sentence her.

Given Michelle Marten’s impaired mental capacity, the fact she has no prior record and she is cooperating with authorities by turning state’s evidence, a recommendation will be made as to her sentence and a reduced sentence recommendation is within the realm of possibilities.

Michelle Martens will get two years credit for time served because she has been in jail for two years pending trial, so it is possible that Martens could be out of prison in 4 years.

Assed has been openly critical of the very lenient plea Torres negotiated and agreed to with Michelle Martins.

In legal circles, the fact that such a very prominent defense attorney would take issue with the plea agreement is what is notable.

POLITICAL LAND MINE FIELD

In 2016, when Torrez was running for District Attorney, he proclaimed that our criminal justice system was broken and that he was the guy who could fix it.

Just a mere year ago, Torrez again claimed that our judicial system was broken stating the decisions by the judges to dismiss cases were “absurd”.

Torres proclaimed defense attorneys were “gaming the system” to get their clients off.

Torrez will now have to justify his own words and accusations that he is “gaming the system” to an extent against two defendants who have been in jail for two years that did not commit the crime of murder.

Even if Ahmed Assed decides to forgo a run against Torrez, you can expect others to start to emerge to run against him, especially as things unfold in the Martens case.

The Victoria Martens murder case is far from over.

Fabian Gonzales, Michelle Matens boyfriend, is no longer being charged with murder in the Victoria Martens case, but he is still facing a charge of child abuse resulting in death despite not being the 10-year-old’s parent or caregiver.

Gonzales is also facing charges including tampering with evidence for the dismemberment and burning of the body of 10-year old Victoria.

Defendant Jessica Kelley will go on trial in January, 2019 facing charges of rape and murder.

As many as two more suspects have yet to be identified by the authorities.

Torrez could easily step on a political landmine if he negotiates another plea agreement that is considered way too lenient by the general public as was the Michelle Martens plea deal.

You can bet the pretrial publicity in this case generated will have an impact on the political career and future of Raul Torrez.

On Sunday July 8, 2018, the Albuquerque Journal published a third front page, banner headline report entitled “VICTORIA MARTENS CASE: ‘We want to make it right for this little girl’ with the quote coming from Raul Torrez.

The full story can be read here:

https://www.abqjournal.com/1193963/we-want-to-make-it-right-for-this-little-girl.html

If Torrez fails to bring the remaining defendants to justice you can bet the case will be a career ending one for the very politically ambitious Raul Torrez who “did not make it right for this little girl.”

Voters can be very forgiving except in cases where justice is promised but never delivered for the brutal murder of a 10-year-old.

NEW MEXICO POLITICS WITH JOE MONAHAN

Following Joe Monahan’s complete blog article he published on July 11, 2018:

“The murder case that has rocked the city like no other could soon be rocking the political scene, with word circulating that veteran criminal defense attorney Ahmad Assed is seriously weighing a run against BernCo District Attorney Raul Torrez in the 2020 Democratic primary.

That may seem a long way off but the horrific murder of 10 year old Victoria Martens will be remembered far into the future and Torrez’s handling of the case would be front and center if Assed makes the run, say those pushing him to take on Torrez.

Torrez has been making the media rounds in recent days trying to quiet public outrage over the Martens case, including the stunning plea bargain his office made with Victoria’s mother. It was a deal that could see her serving as little as half a dozen years in prison and has not gone down well in a community scarred by the ghoulish murder. Victoria was raped, strangled, dismembered and her lifeless body set afire in an apartment bathtub.

The revelation that Michelle Martens was not directly involved in her daughter’s slaying but was away from the apartment searching for drugs with boyfriend Fabian Gonzales at the time of the killing had the city reeling from shock. For nearly two years they (and the authorities) believed the false confession the mother had given and that Victoria would have justice. When Torrez announced that Michelle Martens was lying and that an unidentified fourth suspect is now being sought in the sensational case, the city again gasped.

Now Assed, a UNM law school grad with deep community ties, enters the picture. His voice has been heard on the case via his role as a legal analyst for KOB-TV and he hasn’t backed off from criticizing Torrez’s handling of the notorious murder. For example, he said this about the “John Doe” suspect whose DNA, Torrez announced, was found on Victoria’s back:

“Why do we publicize that we are looking for this unidentified individual? And if he does exist, why do we put him on notice that we’re looking for him? This is a big problem for me. I’m sure maybe the DA’s office has their reasoning for doing that.”

And Assed told the viewing audience that the entire case could be in danger of collapsing:

“It’s a leap to associate the finding of the DNA – those samples – with a crime. There’s transferred DNA that happens all the time. I don’t know how long that DNA’s been there—could have been there days, could have been there months, could have been three hours.

Based on the District Attorney’s Office view of the case in the beginning and the investigation and the hyping of the case, it is extremely difficult for us to believe anything that the District Attorney’s Office is going to say about a fourth component, unidentified individual. What they need is evidence.”

THAT PLEA BARGAIN

But it is that plea bargain that Torrez said he had no choice but to make that is the DA’s soft underbelly and what Assed is sure to key on if he enters the race. Here’s how one of those egging on Assed puts it:

“Raul’s had the case for a year and a half and cut a BS plea deal with her scumbag mother, but the Journal wants the public to give him credit for being on top of the case, for some bizarre, twisted reason–even though Torrez has said he’s not going after the guy who gave 10-year-old Victoria a sexually transmitted disease. What a bunch of BS.”

Former BernCo Chief Deputy District Attorney and ’13 ABQ mayoral candidate Pete Dinelli also believes the plea bargain poses political trouble for the DA:

“The leniency Torrez showed towards a mother who placed her 10-year-old child in harm’s way and made the child a victim of one of the most horrendous murders in Albuquerque history will be remembered given his own past statements on our criminal justice system and conduct towards Judges. In 2016, when Torrez was running for District Attorney, he proclaimed that our criminal justice system was broken and that he was the guy who could fix it. Just a mere year ago, Torrez again claimed that our judicial system was broken stating the decisions by the judges to dismiss cases were “absurd.” Torrez proclaimed defense attorneys were “gaming the system” to get their clients off.”

The ABQ Journal ran a weekend editorial about the case, largely exonerating Torrez of any blame for the mishaps that have occurred in the Martens case. The DA has ingratiated himself with the GOP-oriented paper as well as the Gov. Martinez political machine. That’s making some Democrats antsy. Further, his critiques of local judges have made him enemies and could help an opponent like Assed raise a hefty amount of cash to finance a primary challenge.

The 2020 Dem primary will likely be decisive. Republicans have shown no interest in the race, letting Torrez run unopposed in 2016.

In reality much of the blame for the failed investigation of Victoria’s murder can be laid in the lap of APD but Torrez has been easy on them, saying his office and APD will learn from the mistakes but his reticence to hold APD more accountable makes him more of a target.

DA Torrez has often been mentioned as a candidate for higher office someday but right now holding on to the one he has may be the stiffest political challenge he ever faces. Stay tuned.”

http://joemonahansnewmexico.blogspot.com/

State Auditor Wayne Johnson sure likes to go around and tell others how they need to do their jobs, especially any agency involved with the criminal justice system, but he becomes “puzzled” when he is told he is not doing his job himself and not following the law.

On May 23, 2018 New Mexico State Auditor Wayne Johnson with great fanfare announced he would conduct a “special audit” examination of the Bernalillo County criminal justice system.

https://www.kob.com/albuquerque-news/state-auditor-wayne-johnson-albuquerque-criminal-justice-system-audit/4920020/?cat=500

Johnson’s special audit includes seven state agencies: the District Court, Metro Court, the Albuquerque Police Department, the Bernalillo County Sheriff’s Office, the Metropolitan Detention Center, the Public Defender’s Office and the District Attorney’s Office.

Wayne Johnson announced he wanted his office do a “special audit” to look into possible “gaps” within the Second Judicial District and the criminal justice system in an effort to combat crime in the Albuquerque metro area.

On June, 26, 2018 it was announced that State District Court officials were seeking Attorney General Hector Balderas’s opinion on whether the state auditor’s plan to examine Bernalillo County’s justice system “exceeds the authority and power” of the State Auditor’s office.

https://www.abqjournal.com/1189607/court-seeks-ags-opinion-on-audit-plan.html

In the letter to Attorney General Hector Balderas, 2nd District Chief Judge Nan Nash and Court Executive Officer Jim Noel said they believe the state auditor’s plan to examine the system through a series of audits “invites needless waste of tax payer money” and may exceed his authority.

The authority of the State Auditor is to conduct both financial and special financial audits review the financial affairs of government agencies, including contracts, purchases agreements and make sure that the government agencies are not engaged in fraud, waste and abuse of government and taxpayer funds.

The State Auditor does not have any prosecutorial authority and when criminal wrongdoing is found in an audit, it is turned over to the appropriate state or federal prosecuting agency.

Johnson got the bright and very mistaken idea that he has the authority to audit and entire criminal justice system, especially judge’s decisions to deny prosecutor’s efforts to detain people in jail pending trial.

It should not come as any surprise that the 2nd Judicial Court is now questioning Johnson’s authority or is empowered by law to do his special audit in that the audit is not a financial audit dealing with the expenditure of taxpayer money which is all that is allowed by law.

Attorney General Hector Balderas has yet to announce or make know his opinion regarding State Auditor’s authority to conduct an audit of an entire criminal justice system.

BALDERAS TAKES JOHNSON TO TASK ON FAILURE TO COMPLETE AUDIT

June 29, State Auditor Wayne Johnson sent a letter to Attorney General Hector Balderas claiming that the Office of the State Auditor was unable to complete audits of the MLK State Commission from 2014 on because documents required remained in the possession of the Office of the Attorney General.

On July 9, Attorney General Hector Balderas took state Auditor Wayne Johnson to task in a letter for not completing audits of the Martin Luther King Jr. State Commission.

Balderas pointed out the Johnson’s office failed to use digital copies of papers, as well as digital images of desktop files, that were readily available and provided to the new executive director of the MLK State Commission as far back as September 2016, as well as in the possession of the independent accounting firm hired to review the documents by the State Auditor.

https://www.abqjournal.com/1194555/ag-and-auditor-go-back-and-forth-over-mlk-commission-audits.html

Balderas made his position clear to Johnson that by not using electronic files to complete the audits, Johnson was in violation of a number of statutory requirements, as well as accounting and financial reporting standards.

Balderas did not mince words with Johnson when he wrote:

“I am concerned that recent public statements and actions by the [Office of the State Auditor] represent a pattern of failure to uphold these statutory duties and result in the public being misled. … Neither the contracted audit firm, nor the current [Office of the State Auditor] administration reached out to the [Office of the Attorney General] to inquire about documents that were claimed to be unavailable, nor did the state auditor inform the state attorney general about concerns regarding “missing financial documentation from an at-risk agency. … the [Office of State Auditor] has failed to ensure that the MLK Commission has been thoroughly examined and audited, which could assist law enforcement in detecting whether any further malfeasance has occurred.”

Rather than responding to the Attorney General directly and in writing , Johnson issued a pathetic statement to the Albuquerque Journal saying:

“[One of my top priorities is] refusing to allow entities to evade audits for years, and also requiring audits of state entities that for many years have not been required to account for their spending of taxpayer dollars. … It’s puzzling that in one breath, the AG suggests using all options available for the OSA to seek missing documentation, then says those documents have already been provided to the (MLK) Commission”.

COMMENTARY

Wayne Johnson may be puzzled with the Attorney General Hector Balderas and what he was told in a letter, but what is not at all puzzling to the electorate is that Wayne Johnson has no business being New Mexico State Auditor and he has no idea what he is doing.

Attorney General Hector Balderas is the former New Mexico State Auditor who served with distinction for 8 years.

Balderas, more than anyone, knows full well the powers and authority of the State Auditor’s office, the position Wayne Johnson has now held for a mere 6 months and who wants to be elected to in November.

Hector Balderas has also served with distinction for close to 4 years as the New Mexico Attorney General and in all likely will be reelected come November.

Wayne Johnson now gets into a very public “tit-for-tat” with the very public official that has real power to investigate and indict on criminal charges as well as the individual who could gut Johnson’s special audit of a criminal justice system he vilifies so much so he can get elected.

Perhaps Johnson should learn how to do his job and stop telling others how to do theirs, but then again he will only be able to use such knowledge for a little more than 5 months.

There was a tremendous amount media coverage about the “Topgolf” development project.

The city was offering to Topgolf a $2.6 million economic development package to help construct a $39 million entertainment complex at the site of the former Beach Waterpark.

The Keller Administrations major concern with the Topgolf project is that it would primarily provide low-wage, part-time jobs and not “economic base jobs”.

According to City’s Economic Development Director Synthia Jaramillo:

“Topgolf is an entertainment venue, therefore it does not qualify as economic-based company. … So, when we’re talking about economic-based jobs, those are jobs or employers that provide higher wage jobs.”

Eight out of nine city councilors expressed strong support for the project and argued it would create 650 jobs, albeit short term and low paying, and that it will be a $39 million investment in Albuquerque’s future.

Notwithstanding the coverage of the project, very little was presented by the media about the difference between economic base jobs and service industry jobs Topgolf was offering.

ECONOMIC BASE JOBS VERSUS SERVICE INDUSTRY JOBS

An economic base job is one created or needed by a business or industry that increases economic growth of a region by increasing exports of manufactured products, goods or services from the local economy or region to another region or economy thereby increasing the size of the local economy with profits and cash flow from outside the region.

The corner stone of the “economic base theory” is that an increase in economic growth of a region or economy is dependent on increase in exports, manufactured goods or services from one region or economy to another region or economy and supplying markets outside the local economy.

A service-based industry is one that offers its products, goods or services primarily within a particular region and does not supply markets outside the region nor increase the economic base of a region.

In general, service base industries offer lower paying or minimum wage jobs not requiring much education or technical skills while and economic base industries provide jobs requiring higher education and higher trained skills.

WHERE HAVE ALL NEW MEXICO’S BRIGHTEST GONE?

According to US Census figures, in 2010, New Mexico’s median age was 36.7.

In 2017 the most recently released data show it was 37.8.

According to labor and census statistics, New Mexico is suffering from one of the highest rates of “out-migration” anywhere in the country.

A major reason for the increase in New Mexico’s higher median age is young people leaving New Mexico in droves, something that has been going on for the last eight years.

According to Jacqueline Miller, a senior research scientist with the University of New Mexico’s Geospatial and Population Studies department, a factor contributing to New Mexico’s increase in median age, is that “out migration among the working-age population and minors”.

https://www.abqjournal.com/1192801/states-population-is-skewing-older.html

According to the Census Bureau, the nation’s Hispanic population is young, with a median age of 29.3 compared with 38.0 for the country as a whole.

In New Mexico, the median age of the Hispanic population statewide was the same in 2010 and was 30.3 years old and was the same in 2017.

A recent Pew Charitable Trusts report shows that New Mexico’s population has grown at the slowest rate in the western United Stated than any other state during the past decade.

Economists estimate 42,000 more people exited the state than entered it from 2011 to 2016.

Between 2011 and 2016 there was an unprecedented exodus of young people leaving the state with the majority being the college educated.

What is happening, millennials are getting their education at New Mexico’s colleges and universities and then leaving the state for employment where the jobs are.

It is estimated that some 17,000 young people with a bachelor’s degree left New Mexico from 2011 to 2016.

Jeff Mitchell, director of UNM’s Bureau of Business and Economic Research states:

“The data clearly indicate that out-migration is occurring at a disproportionate rate in better-educated younger adults and people with bachelor’s degrees” in the state of New Mexico.

NEW MEXICO COLLEGE EDUCATION STILL GOOD BARGAIN

An August, 2017 study found that the average student loan for New Mexico college students was $21,314.

https://www.bizjournals.com/albuquerque/news/2017/08/11/heres-the-average-student-loan-debt-at-new-mexico.html

It is the second-lowest average student debt of any state in the country.

In LendEDU’s annual student loan debt report, New Mexico was ranked No. 50 in the United States.

Only Utah had an average student loan debt lower than New Mexico, at $18,810.

The LendEDU report also found that 55 percent of New Mexico college students graduate with debt.

By 2020, 65 percent of jobs will require postsecondary education, according to a report from the Georgetown University Center on Education and the Workforce.

When you are millennial at 22 graduating from a New Mexico college with a debt and there are no jobs where you can use your education, you’re not left with much choice but to move to a state that offers better job opportunities.

Further, if you a millennial lucky enough to have a family that can afford to send you out of state back east or west to more prestigious universities or colleges, there is absolutely no incentive to return to one of the poorest states in the country where there are no jobs.

If you are a millennial coming from a poor family and you want to go to a prestigious school and are forced to go into serious debt and saddled with $100,000 to $200,000 college debt, there are few jobs in New Mexico that are available to help pay an education mortgage debt.

State officials say there is no telling when the out-flow will end.

The New Mexico Higher Education Department reported in 2013 was the first time in state history that New Mexico’s older generation was better educated than the younger generation.

ECONOMIC BASED JOBS NEED A HIGHER EDUCATED WORK FORCE

No city and no state can afford to lose high-quality, educated workers, the key ingredient for any thriving and expanding economy.

The post-recession world demands a STEM-skilled workforce, Science, Technology, Engineering, and Mathematics (STEM) for jobs created and made available in science, technology, engineering and mathematics.

https://www.abqjournal.com/1192873/searchlight-brain-drain-hurts-new-mexico.html

At a minimum, workers need one or two years of education after high school, preferably from a technical or trade school.

Other jobs require an associate, bachelor’s or advanced degree.

When a state or city starts losing its qualified workforce, economies contract, unemployment rises and more people join the out-migration.

Only 71 percent of New Mexico’s high school students graduated on time, the nation’s second worst rate.

New Mexico’s rate of bachelor’s degrees for 25- to 34-year-olds is 22 % and is the second-lowest, according to the U.S. Census.

Youth unemployment in New Mexico is yet another problem.

As of April, more than 20 percent of teens age 16 to 19 were jobless, according to New Mexico labor statistics.

New Mexico has the fourth-highest unemployment rate in the country, while its neighbors and the rest of the nation are in a boom.

In February, 2018 New Mexico’s unemployment rate was 5.8 percent and Albuquerque’s unemployment was 4.2 percent.

The number of jobs is growing to nearly the pre-recession peak and the city’s gross receipts tax collections are increasing.

https://www.abqjournal.com/1190787/abqs-economy-gaining-steam.html

In May, New Mexico had 5.1 percent unemployment, a large improvement over the 6.5 percent unemployment it’s struggled with since 2014.

But New Mexico’s 5.1% unemployment rate was no match for surrounding states.

The unemployment rate for Texas in May 2018 was 4.1%.

https://www.deptofnumbers.com/unemployment/texas/

Arizona’s unemployment rate was 4.9 percent in April as the state’s economy added 5,300 nonfarm jobs, many in leisure and hospitality and construction.

https://www.seattletimes.com/nation-world/arizona-unemployment-rate-unchanged-in-april-at-4-9-percent

Colorado’s unemployment rate was 2.9 percent in April, 2018 breaking a seven-month run at 3 percent, according to a monthly update from the Colorado Department of Labor and Employment.

https://www.denverpost.com/2018/05/18/colorado-unemployment-april-2018/

Utah’s unemployment rate in March, 2018 was 3.1%.

https://www.good4utah.com/news/local-news/utahs-low-unemployment-rate-presents-new-problems-for-state-businesses/1048146830

COMMENTARY AND ANALYSIS

On February 19, 2016, it was reported that more than 10,000 people applied for 290 jobs to work at the new Cheesecake Factory location which opened at Coronado Center.

http://www.koat.com/article/more-than-10-000-apply-at-new-cheesecake-factory/5070017

Albuquerque’s employment rate has improved somewhat over the last two and half years, but not that much.

When you do not have a job, you’re probably not interested in hearing economic doublespeak from government officials of creating high paying “economic based jobs”.

Just ask the 10,000 people who applied for the 290 jobs with the Cheesecake Factory a few years ago that opened with all positions hourly pay jobs in the service industry.

As of April, more than 20 percent of teens age 16 to 19 were jobless, according to New Mexico labor statistics, a job pool no doubt that would be affected by the type of jobs offered by a developments such as Topgolf.

For the last 8 years, the prior administration failed to attract a single major corporation or company that offered economic based jobs to relocate to Albuquerque.

Assuming the Keller Administration is somehow successful in attracting and helping businesses that create economic based jobs, with New Mexico’s “brain drain” and mass exodus of educated millennials, the city and state may not have the work force to fill the positions.

The Keller Administration approved budget of $3.9 million for the Economic Development is so a meager as to be an embarrassment given the fact that the city has a total operating revenue and approved budget of at almost a billion dollars at $955,300,000 for fiscal year 2018-2019.

The City Council enacted a one-eighth of a cent tax increase that will generate an additional $55 million a year.

Gross receipts tax revenues from the state are now being reported in excess of what was projected.

The city is seeing a 4% to 6.8% increase in gross receipts tax revenues compared to last year from the state as a result of increase in business activity.

https://www.abqjournal.com/1178079/abq-sees-bump-in-gross-receipts-revenue.html

Candidate for Mayor Tim Keller proposed as a “big idea” creating personal or individual Tax Increment Districts (TIDS), more use of industrial revenue bonds and tax incentives to attract new industry to Albuquerque and create jobs.

As Mayor, Keller proposed no major increased appropriation for the Economic Development Department in the approved 2018-2019 budget.

As far as “economic based jobs”, the Keller Administration has yet to announce anything different, nor fund anything different, then what has been going on at city hall for the last 8 years.

Albuquerque City Government and its Economic Development Department can and must expand and find better ways to use financial incentives for small business development.

Simply put, small businesses create economic based jobs.

The City’s Economic Development Department needs to find a better way to help small business with start up funding.

A good start would be funding a $20 million initial startup fund for new small businesses with claw back provisions and with the program administered by the Economic Development Department.

Albuquerque can and must expand and find better ways to use financial incentives for economic development in the growth industries.

Tax increment districts (TIDS), industrial revenue bonds, and economic development investment programs such as initial startup funding with claw back provisions has always been the traditional approach.

Albuquerque needs to pursue with a vengeance real growth industry like healthcare, transportation and manufacturing, the film industry to diversify our economy.

Public-private partnerships in the growth industries and even small business development where ever possible should be encouraged and developed.

Albuquerque’s taxpayers must be convinced by Mayor Keller and the City Council of the importance of economic development in small businesses and the growth industries and not the service industries with low paying, minimum wage and tip jobs..

Our elected officials and the business community, including the Greater Albuquerque Chamber of Commerce, Albuquerque Economic Development (AED), the Economic Forum, NAIOP and the banking, finance and development industries, need to think long and hard about finally doing something to help small business development and attract new industry instead of just being satisfied with protecting their own financial interests, bottom lines and membership rosters.

Otherwise, the only jobs for millennials will be employment in old age homes, assisted living facilities, hospitals and funeral homes taking care of the needs of the age group of 60 to 90 or working for the Cheesecake Factory.

For more link to “Race and Equity Report Gives Economic Development Roadmap”:

https://www.petedinelli.com/2018/06/21/race-and-equity-profile-report-gives-economic-development-roadmap/

“Political damage control” is when an elected official gives extended news interviews to the Albuquerque Journal Editorial Board and then makes the rounds to the various news stations or media outlets including doing Sunday news programs on a single controversial topic.

District Attorney Raul Torrez did double time in just 10 days with his damage control to explain the plea agreement he negotiated with the mother of 10-year-old Victoria Martens.

Within a 10-day time span, Torrez has held a press conference covered by all local media news organizations, followed by a meeting with the Journal Editors and reporters 6 days later, has had three front page Journal stories and has been interviewed by Chanel 4 news reporters on the “Eye on Albuquerque” Sunday program on the Victoria Martens murder case and the plea agreement he negotiated.

Torrez can claim “Mission Accomplished” at least for now with the Victoria Martens murder case plea agreement he negotiated.

THE PLEA AGREEMENT

Torrez announced that his office did a two-year investigation and review of the evidence found Michelle Martens falsely admitted to committing the crimes she was charged.

According to Torrez, the forensic evidence revealed Martens and her boyfriend were not even present and did not participate in the murder of 10-year-old Victoria Martens who was raped, murdered, dismembered and then burned in a bathtub of her home.

The plea agreement Torrez negotiated was to one count of child abuse, recklessly caused, resulting in the death of a child under 12 and guarantees a 12 to 15-year sentence and dropping the most egregious charges.

DA Torrez agreed that Michelle Martens’ crime she plead guilty to will not be classified as a serious violent offense, meaning she could see her sentence cut in half for good behavior and serve as little as 6 years if she is sentenced to 12 years.

The probability that Martens will be sentence to 12 years is high.

A pretrial sentence report will be prepared for the judge and given her impaired mental capacity, the fact she has no prior record and she is cooperating with authorities by turning state’s evidence, a recommendation will be made as to her sentence with a reduced sentence within the realm of possibilities.

Michelle Martens will get two years credit for time served because she has been in jail for two years pending trial, so it is possible that Martens could be out of prison in 4 years.

District Attorney Raul Torrez has had tremendous public outcry regarding the plea agreement he negotiated with the defendant Michelle Martens.

In the minds of many people, Michelle Martens was given considerable leniency by District Attorney Raul Torrez for her involvement in one of the most heinous crimes involving her own child

CHRONOLOGY OF DAMAGE CONTROL EFFORTS

On Friday, June 29, 2018 District Attorney Raul Torrez did a late afternoon press conference announcing that he had negotiated a plea agreement with defendant Michelle Martens, the mother of 10-year-old Victoria Martens.

You can read the full story here:

https://www.abqjournal.com/1191031/michelle-martens-pleads-guilty-to-child-abuse-faces-12-to-15-years.html

Elected officials often do late Friday afternoon press conferences to announce controversial decisions to reduce negative press coverage.

Late Friday afternoon press conferences are usually not very successful in deflecting negative press with highly controversial decisions such as the one announced by District Attorney Raul Torrez.

ALBQUERQUE JOURNAL DAMAGE CONTROL

On Thursday July 5, 2018, Torrez went to the Albuquerque Journal Center to be interviewed by the Albuquerque Journal Editors and its reporters about the plea and the pending criminal case.

District Attorney Raul Torrez in his interview with the Journal editors shared extensive details and prosecution strategy on the pending criminal prosecution against two other defendants, one identified and one yet to be found.

On Friday July 6, 2018, the Journal reported the details of the July 5, 2018 meeting with Torrez by splashing them on the front page of the Albuquerque Journal.

The banner headline read: “Details emerge in search for 4th Martens suspect”.

The full story can be read here:

https://www.abqjournal.com/1193335/details-emerge-in-search-for-4th-martens-suspect.html

Torrez told the Journal editors that DNA samples from 16 men have been found with five of those persons of interest having been eliminated, with forensic test results for 11 still outstanding.

The bombshell is that authorities are seeking to identify a fourth suspect in the Victoria Martens murder.

District Attorney Raúl Torrez reiterated what he said at his news conference that there is no evidence that the girl’s mother, Michelle Martens, was involved in Victoria’s death or dismemberment, or knew the identity of the fourth suspect police are now seeking.

Torrez told the Journal Editors that he hopes Michelle Martens will offer useful information now that she has accepted a plea deal that requires her to provide statements to authorities.

According to Torres:

“She [Michelle Martens] may know who this individual is and not know that this individual [was involved in the crime]. … She may know who this individual is because he was there previously.”

SUNDAY FRONT PAGE JOURNAL COVERAGE

On Sunday July 8, 2018, the Albuquerque Journal published a third front page, banner headline report entitled “VICTORIA MARTENS CASE: ‘We want to make it right for this little girl’ and the full story can be read here:

https://www.abqjournal.com/1193963/we-want-to-make-it-right-for-this-little-girl.html

The above Journal headline is a quote from District Attorney Raul Torrez.

The quote could not have been any better for Torrez to deflect the negative press coverage he was getting on the plea deal he negotiated.

The Journal story was published on the front page of the Journal along with a full page and a half story published in the “A section” of the Journal pages, A-4 and A-5 and with a detailed “time line”, no doubt provided by Torrez.

JOURNAL EDITORIAL LAYING BLAME

On Sunday, July 8, 2018, the Albuquerque Journal did its editorial blaming everyone they could for the mishandling of the case, except Raul Torrez who they commended.
You can read the full editorial here:

https://www.abqjournal.com/1193938/a-case-of-law-and-disorder.html

A few paragraphs in the Journal editorial are worth quoting:
…
“Then-police chief Gorden Eden declared it “the most gruesome act of evil” he had ever seen in his career.
“I want to assure the public that we will pursue justice and we will make sure that we exhaust every resource into this investigation,” Eden said. He also assured those who lived near the crime scene that their neighborhood was safe and that there were no other suspects in the case.”
“There is no threat to public safety,” he said.
…
“To his credit, Torrez immediately ordered a case review when he took over as DA in January of 2017, four months after Victoria’s death. He said he discovered lapses with how the case was handled, including the failure to fast track the processing of DNA collected from the crime scene. And his office continued to dig as Michelle Martens’ statement began to unravel. Torrez assigned a team that includes two seasoned prosecutors and a seasoned paralegal, and APD contributed two seasoned detectives. They have been focused on this case for more than a year.”
…

One paragraph in the editorial sticks out:

“The manner in which the Albuquerque Police Department and the District Attorney’s Office handled this case – under the leadership of Eden and former DA Kari Brandenburg, respectively – raises serious questions about the two agencies. This was arguably the highest profile case this state has seen in at least a decade, and they botched it.”

With this one paragraph, the Albuquerque Journal editors condemns and places the entire blame for mishandling of the case on former APD Chief Gordon Eden and former District Attorney Kari Brandenburg.

It is hard to understand the Journal’s claim that former DA Brandenburg “botched” the case given the fact that the murder occurred just 4 months before Brandenburg left office with forensic DNA evidence still being tested.

Former Mayor Richard Berry, who was Mayor a full 14 months after the murder, was not even mentioned in the stories nor editorial by the Albuquerque Journal.

Failure to mention Berry in the editorial should come as no surprise seeing the Journal has given Berry favoritism and political coverage for a full 8 years.

CHANNEL 4 “EYE ON NEW MEXICO” EXTENDED INTERVIEW

On Sunday, July 8, 2018, an extended interview by Channel 4 with District Attorney was telecast on the “Eye on New Mexico” program.
You can view the entire program here:

https://www.kob.com/albuquerque-news/eye-on-new-mexico-da-torrez-reveals-new-information-about-victoria-martens-murder-case/4980894/?cat=500

The Channel 4 interview dove tailed perfectly into the Journal stories and editorial.

The Eye On New Mexico telecast was basically the same information Torrez gave to the Albuquerque Journal in his press conference and the Journal editorial board interview.

COMMENTARY: POLITICAL DAMAGE CONTROL FOR NOW

There is no doubt that District Attorney Raul Torrez can claim “mission accomplished” with his damage control efforts with the Albuquerque Journal and the TV news media outlets, at least for now.

Notwithstanding the successful political damage control by Torrez, the public condemnation with the plea agreement Torrez negotiated will continue to be a source of major political problems for Torrez.

The leniency Torrez showed towards a mother who placed her 10-year-old child in harm’s way and made the child a victim of one of the most horrendous murders in Albuquerque history will be remembered given his own past statements on our criminal justice system and conduct towards Judges.

In 2016, when Torrez was running for District Attorney, he proclaimed that our criminal justice system was broken and that he was the guy who could fix it.

Just a mere year ago, Torrez again claimed that our judicial system was broken stating the decisions by the judges to dismiss cases were “absurd”.

https://www.abqjournal.com/1025697/judges-court-deadlines-arent-to-blame-for-rise-in-crime.html

Torres proclaimed defense attorneys were “gaming the system” to get their clients off.

Torrez claimed he was frustrated with elected District Court Judges blocking his efforts to keep dangerous criminals in jail.

Torrez asserted that the Judges were being too lenient on criminals and went on to blame Judges for our high violent crime rates.

It is hard to reconcile the Albuquerque Journals conclusion that it was then District Attorney Kari Brandenburg office who “botched” the case given the time line involved and Torrez’s own involvement with the prosecution.

The Victoria Martens murder occurred in August, 2016, just four months before Brandenburg left office and before Torrez was sworn in as District Attorney on January 1, 2017.

It was widely reported that District Attorney Elect Raul Torrez was briefed for a full 2 months on major cases before he was sworn in to office on January 1, 2017, no doubt including the Victoria Martens murder case.

For a full 19 months, Torrez was in charge of the Victoria Martens murder case and was calling all the shots, not Brandenburg as implied by the Journal.

Former APD Chief Gordon Eden and former Mayor Richard Berry were in office the first full year of Raul Torrez’s term, yet Torrez made no mention of any contacts with either of them.

Torrez did go out of the way to say he has had extended conversations with Mayor Tim Keller, Chief Geier and the Deputy Chiefs on the case, yet said absolutely nothing about conversations with former Mayor Berry and former Chief Eden.

Mayor Keller and Chief Geier did not attend Torrez’s press conference and they have not commented on the plea agreement.

At least two defendants have been held in custody for two years for the brutal murder of Victoria Martens, a crime they did not commit.

What is extremely problematic is that District Attorney Raul Torrez in his interviews with the Journal and media outlets shared additional details as well as prosecution strategy on a pending criminal prosecution against two other defendants.

Defendant Jessica Kelley will go on trial in January, 2019 facing charges of rape and murder, and one suspect has yet to be identified by the authorities.

You can bet the pretrial publicity in this case generated by Torrez himself with his press conference and making the rounds at the news stations to explain the plea and what happen will have an impact on the case.

The results of Torres’s press contacts could be at a minimum suppression of evidence in the case or worse down right dismissal of the charges pending against the others.

No doubt Torrez has ingratiated himself with the media, but he sure is not helping his cause in seeking justice for 10-year-old Jessica Martens.

Despite what Torrez and the media may think, due process of law and our courts are the only things that will guarantee true justice for Victoria Martens, and not news interviews and media tours designed for political damage control.

You always know when an elected official has taken a very serious public relations hit whenever they make a special trip to the Albuquerque Journal Center and subject themselves to a wide-ranging interview with the Journal Editors and its reporters on a single topic.

It is called “political damage control” usually taken in the wake of a public controversy to make things right with the public and public perception and to salvage and repair a reputation.

A mere six days from the day in which District Attorney Raul Torrez did his late afternoon Friday press conference announcing that his office had negotiated a plea agreement with defendant Michelle Martens, Torrez made a trip to the Albuquerque Journal Center to have a conversation with the Albuquerque Journal Editors and its reporters about the pending criminal case and where the investigation is going.

You can read the full, front page Journal article here:

https://www.abqjournal.com/1193335/details-emerge-in-search-for-4th-martens-suspect.html

Originally, Michelle Martens was charged along with her boyfriend Fabian Gonzales and her friend Jessica Kelly for the rape, murder and dismemberment of 10-year-old child Victoria Martens.

According to Torrez, his office’s investigation found Michelle Martens falsely admitted to committing the crimes when forensic evidence revealed she and her boyfriend were not even present and did not participate in the murder.

The plea agreement Torrez negotiated was to one count of child abuse, recklessly caused, resulting in the death of a child under 12 and guarantees a 12 to 15-year sentence and dropping the most egregious charges.

The original charges of rape, murder and body dismemberment are still pending against Jessica Kelly and a fourth yet to be identified individual, and that is what is problematic.

There has been tremendous public outcry over the leniency shown a mother who many feel contributed to the most heinous crimes committed against her own child.

DISCLOSURES MADE TO THE JOURNAL EDITORS AND REPORTERS

According to the Journal report, Torrez says they have obtained DNA samples from 16 men as they seek to identify a fourth suspect in the Victoria Martens murder case with five of those persons of interest having been eliminated, with forensic test results for 11 still outstanding.

District Attorney Raúl Torrez reiterated what he said at his news conference that there is no evidence that the girl’s mother, Michelle Martens, was involved in Victoria’s death or dismemberment, or knew the identity of the fourth suspect police are now seeking.

Torrez told the Journal Editors that he hopes Michelle Martens will offer useful information now that she has accepted a plea deal that requires her to provide statements to authorities.

According to Torres: “She [Michelle Martens] may know who this individual is and not know that this individual [was involved in the crime]. … She may know who this individual is because he was there previously.”

What is very troubling is that Torrez said he hoped they will not have to make a deal with Jessica Kelley, the last of the original trio still facing rape and murder charges, in order to track down that unidentified man when he said:

“We are not prepared to do that yet. … And my hope is that we are not ever presented with that choice.”

According to an amendment to the Fabian Gonzales’ indictment, Gonzales tampered with evidence when he allegedly “removed V.M.’s arms from her body,” and “hid and/or placed and/or wrapped organs,” among other things.”

Torrez told the Journal editors he could not comment on the evidence that supports the charges set forth in the indictment of dismemberment, but he did say there is no evidence that Martens was involved in the process of dismembering her own child.

Forensic evidence such as DNA evidence test results must be turned over to defense attorneys once received by the prosecution, and Torres acknowledged more DNA testing is being done, so it is difficult to understand how Torrez can make the definitive claims.

Further, Torrez’s disclaimer is difficult to accept seeing that no one knows what he actually told the reporters and the Journal editors.

NEW MEXICO CODE OF PROFESSIONAL RESPONSIBILITY

Torrez is not just another elected official, but is a licensed New Mexico Attorney and the Chief Law Enforcement official for the County.

As a licensed attorney and prosecutor, Torrez is held to strict standards of professional conduct, including being required to swear to and adhere to the Code of Professional Conduct.

The New Mexico Code of Professional Responsibility has a very specific rule that governs attorneys conduct and trial publicity:

“Rule 16-306 Trial Publicity

A. Extrajudicial Statements. A lawyer shall not make any extrajudicial or out-of-forum [or out of court] statement in a criminal proceeding that may be tried to a jury that the lawyer know or reasonably should know:

(1) is false; or

(2) creates a clear and present danger of prejudicing the proceeding.

B. Attorney’s Obligations With Respect to Other Persons. A lawyer shall make reasonable efforts to insure compliance with this rule by associated attorneys, employees and members of law enforcement and investigative agencies.”

The New Mexico Rules of Criminal Procedure are also very clear that prosecutors have a very clear ongoing duty to disclose to accused defendants any exculpatory evidence in a case as well as scientific test results in a case before a trial proceeds.

COMMENTARY

The extended interview that Torrez and his lead prosecutor did with the Albuquerque Journal Editors as well as the reporters was no doubt recorded.

Whatever was said in that meeting by District Attorney Torrez discussing the case is problematic not withstanding Torrez’ disclaimer that he could not talk about the evidence.

What is extremely problematic is that District Attorney Raul Torrez in an interview with Journal editors and reporters, along with lead prosecutor Greer Rose, shared additional details as well as prosecution strategy on a pending criminal prosecution against two other defendants, one identified and one yet to be found, that where then splashed on the front page of the Albuquerque Journal.

Another problem posed is that Torrez did discuss conclusions based on the evidence that should be decided by a jury, not the prosecutor in the case.

You can bet the pretrial publicity in this case generated by Torrez himself with his press conference and briefing of the Journal editors will have an impact on the case and at a minimum will lead to suppression of evidence in the case or worse down right dismissal of the charges pending against the others.

No doubt Torrez ingratiated himself with the Albuquerque Journal and the media with his press conference and Journal meeting, but he sure did not help his cause in seeking justice for 10-year-old Victoria Martens.

The “Topgolf” project is one example of not picking your battles wisely and making sure you know how to count votes on the city council.

Mayor Tim Keller has vetoed the $2.6 million economic development package that would help Topgolf in constructing a $39 million entertainment complex at the site of the former Beach Waterpark.

https://www.abqjournal.com/1192145/keller-vetoes-topgolf-economic-development-package.html

It was front page news with an above the fold headline.

This is pointed out only because the Albuquerque Journal published such strong editorials in opposition to the top golf project.

The City Council vote was 8-1 to give the incentives after a 9-0 veto override Keller’s veto of a resolution expressing the city councils support.

You can expect the city council to once again override Keller’s veto.

Mayor Keller has called the incentive’s a “raw deal for taxpayers” which is probably the case.

However, Keller undercuts his own veto message when he says:

“From the beginning, we have expressed our desire to welcome Topgolf, but this project failed to meet our criteria for growing the local economy and creating good-paying jobs. While we were able to improve the deal, we’re still not there yet. … This deal also sends the wrong signal that we are prioritizing out-of-state companies over similar local efforts, and that a company can end-run an independent professional vetting process through a political process. It’s our job to protect taxpayers, and I know that we can do it better. We want to work together and take the time to get it this right.”

Democrat City Councilor Ken Sanchez, a major sponsor of the resolution, for his part said:

“The mayor says that ‘economic base jobs’ make Albuquerque’s economic pie bigger, well, generating more revenue from outside the city than inside is the very definition of growing Albuquerque’s economic pie.”

You can only be a taxpayer when you have money to spend.

When you do not have a job, you’re probably not interested in hearing economic doublespeak from government officials of creating high paying “economic based jobs”.

Eight out of nine city councilors have expressed strong support for the project arguing it will create 650 jobs, albeit short term and low paying, and that it will be a $39 million investment in Albuquerque’s future.

Democratic City Councilors Diane Gibson, Pat Davis, Isaac Benton, Ken Sanchez, Klaressa Pena and Cynthia Borrego will once again vote for the project over the Mayor’s veto proving the point once again that they are Democrats in Name Only acting like Republicans when they should be supporting the position of Mayor Keller so early in his administration.

I cannot recall a single Mayor who has been in office for just seven months where the city council has overridden a Mayor’s veto, especially a city council that has a super majority of 6 from the same political party.

This is one battle that may not be worth fighting over given the amount of the incentives involved.

$2.6 million is a lot of money, but in a $1 Billion-dollar budget, not much at all.

Keller is also going to need the City Council’s help big time when the Federal Transportation Administration does not come through with the $75 million grant for the ART Bus Project and taxpayers are going to be on the hook for the full $135 million.

But then again, the ART Bus project is a disaster of the Democrats own making when they went along blindly with the previous Republican Administration.

Mayor Keller needs to advocate a viable economic development plan the city council is willing to support and fund.

Otherwise we can expect the city council to ignore him and just consider the same old practice of awarding incentives to companies that will not produce economic base jobs.

For more see “Mayor Keller’s Lackluster Economic Development Department:

https://www.petedinelli.com/2018/06/07/mayor-kellers-lackluster-economic-development-department/