The legalization of recreational marijuana will again be introduced and considered by the New Mexico legislature when the 60-day legislative session starts on January, 19, 2021. The odds of a revised bill will make it to the Senate floor for a final vote have improved substantially because of the turnover in the Senate. New Mexico Democratic legislators backing and sponsoring the legalizing recreational marijuana believe they have an excellent chance to get the legislation passed in the 2021 session because Senate Democratic legislators who opposed marijuana legalization were defeated in this year’s primary election.

During the last two years, bills to legalize recreational cannabis have not gone forward in the Senate because 4 conservative Democrats formed a coalition with Republican Senators to oppose the legislation. Four conservative incumbent Democrats were ousted by progressive challengers in the June primary election and three progressive Democrats went on to win election to the Senate in the November 3 general election. Long time serving Democrats Senate Finance Committee Chairman John Arthur Smith, Senate President Pro Tem Mary Kay Papen, Clemente Sanchez of Grants and Senator Gabe Ramos of Silver City were all defeated in the June primary.

Last year’s defeat of the legalization legislation came after Gov. Michelle Lujan Grisham created a marijuana legalization working group or task force to study the issue. The group came up with recommendations that were later made part of proposed legislation. On Tuesday, November 10, New Mexico State Representative Javier Martinez, D-Albuquerque, the sponsor of last years failed legislation, said during a legislative committee hearing, he would again be introducing legislation for consideration. Martinez said he plans to introduce legislation that will be similar to a bill filed last year.

Rep. Martinez said the new 2021 bill would be slimmed down from last year’s version. Notwithstanding, Martinez said it will still contain provisions aimed at protecting New Mexico’s medical cannabis program. New Mexico’s medical program has more than 98,000 enrolled members. According to Martinez, some of the money generated by recreational cannabis sales would be used to eliminate the gross receipts tax on medical marijuana. Rep. Javier Martinez had this to say:

“I believe the time is now, I believe New Mexico is at the cusp of being a national leader in recreational cannabis legalization and am I looking forward to making that happen. … In 2021 we’re looking at streamlining the bill a little bit. That was one of the critiques we heard from some of the opponents, that the bill was too lengthy, too convoluted, so we’re streamlining that bill—but that bill will still be true to the core values.”

New Mexico House Speaker Brian Egolf, D-Santa Fe, for his part said he expects the House will pass a cannabis legalization bill during the upcoming 60-day session. Egolf said the bill will get a “much friendlier” reception in the Senate and said “I think its chances are much improved.”

Democratic state Sen. Jacob Candelaria of Albuquerque is a sponsor of past recreational marijuana and drug decriminalization initiatives and he had this to say:

“I think the prospect for a recreational bill to pass this year are looking much better. … What matters most is just the numbers in the New Mexico Senate. I think we just have better numbers.”

Candelaria, a medical marijuana patient himself and attorney who represents current cannabis business license holders, urged the Lujan Grisham administration to lift what he called artificial limits on medical marijuana production. According to Candelaria, the current plant limits on medical cannabis producers has led to chronic market shortages.

BIPARTISAN SUPPORT

State Senator Mark Moores, R-Albuquerque was one of several Senate Republicans who filed a legalization bill in 2019 that called for state-run recreational marijuana stores. Moores said he was open to working with Democrats on new legislation in 2021 session.

Moores cautioned that for a bill to win bipartisan support it would need to allow businesses to maintain drug-free workplaces and include provisions for keeping cannabis out of young children’s hands. Moores had this to say in a Albuquerque Journal interview:

“I think there’s a number of senators and representatives on both sides who are willing to work on the issue.

https://www.abqjournal.com/1516725/nm-cannabis-legalization-push-could-face-fewer-obstacles.html

PASSAGE NOT A SURE THING

Despite the confidence expressed by New Mexico State Representative Javier Martinez and Speaker of the House Brian Egolf, passage is still not assured. Last year’s House Bill was opposed by business groups and the state’s Conference of Catholic Bishops, who described the legislation as too far-reaching.

State Senator Bill Tallman, D-Albuquerque, expressed doubts during the November 10 meeting of the Economic and Rural Development Committee about how much money cannabis legalization could generate. Tallman challenged claims that the cannabis industry would create roughly 15,000 new jobs statewide by saying:

“I find it kind of hard to believe this is going to generate more jobs than oil and gas and their support industries. … I’m not convinced that we’re going to grow a lot of marijuana here because we have a shortage of water here, and it’s getting worse.”

Republican House minority whip Rod Montoya of Farmington said he is wary of efforts to commute sentences and expunge past drug convictions, arguing it would undermine efforts to stamp out smuggling and black markets.

NEW INDUSTRY BENEFTING ECONOMY

New Mexico already has a marijuana decriminalization law on its books. Last year, Governor Lujan Grisham signed into law a bill that made possession of up to a half-ounce of cannabis a civil offense punishable with a $50 fine. The governor and other supporters say legalization is still necessary, arguing it would generate tax dollars that could be used on public safety programs.

There are 15 states that have now legalized recreational marijuana or are in the process of doing so. The states of Arizona, Montana, New Jersey and South Dakota approved cannabis legalization measures in the November 3 general Presidential election. Mississippi approved the creation of a medical marijuana program. The Arizona passage gives urgency to the passing similar legislation in New Mexico to take advantage of the emerging market and demand. Governor Lujan Grisham and other supporters say legalization is still necessary, arguing it would generate tax dollars that could be used on public safety programs.

Texas has yet to pass legalization and it is anticipated that will benefit New Mexico’s economy. Duke Rodriguez, president and CEO of Ultra Health, New Mexico’s largest medical marijuana company told lawmakers at a recent legislative committee hearing that they need to think broadly about the future of New Mexico’s marijuana industry. According to Rodriquez, New Mexico will be “a production juggernaut” and a magnet for tourists and cannabis patients from Texas, despite federal prohibitions against transporting cannabis across state lines.

Advocates of recreational legalization argue it will generate at least 13,000 jobs and millions of dollars for the economy. Rodriguez, also told lawmakers that legalizing recreational marijuana will generate up to $800 million a year, a $200 million increase from the last years estimate of $600 million. Rodriguez had this to say:

“It’s going to change New Mexico and ways we can’t imagine. … I think we will be a powerhouse, not only within the state, but we have the potential of being a powerhouse not only in this country, but you’d be surprised, we have the ability to also compete internationally.”

https://www.kob.com/albuquerque-news/recreational-marijuana-could-generate-up-to-800-million-a-year-according-to-new-estimates/5921047/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

REVISITING 2020 LEGISLATION

Representative Javier Martinez said his new bill will aim to safeguard the state’s 13-year-old medical marijuana program from disruptions, levying taxes of up to 20% on sales and create business opportunities for minority and low-income communities adversely affected by the drug war and criminalization of marijuana. The bill has not yet been published. The contents of the failed 2020 recreational cannabis legislation merits review given the fact the Rep. Javier Martinez has said an attempt will be made to streamline it and keep the core concepts.

The legislation introduced in the 2020 legislative session was a cumbersome 173-pages long. A Cannabis Control Division of the Regulation and Licensing Division was to have been created and was to have very broad and extensive authority to regulate the industry. The division would have had the powers to promulgate rules and regulations, including many mandates and limitations on license issuance and quality control

The legislation would have legalized the use and sale of recreational marijuana for anyone age 21 and older. The 2019 New Mexico Legislature decriminalized possession which is now a $50 civil fine with no jail time. The legislation proposed in the last session provided for taxes on recreational pot at roughly 17% to 19% and made medical marijuana tax-free and entirely subsides medical marijuana for low income patients.

The 2020 legislative session bill would have regulated both commercial and medical marijuana programs. The legislation avoided a traditional licensing system as is created for full-service alcohol licenses.

As was written, the recreational cannabis legislation contained no limit on the number of recreational cannabis licenses.

Under the proposed legislation, the holder of a recreational cannabis license issued will have no vested property right in the license and the license is deemed property of the state. A license issued pursuant to the Cannabis Regulation Act would not have been transferable from person to person, corporation to corporation or corporation to person. The licenses could not have been leased and was not be considered property subject to execution, attachment, a security transaction, liens, receivership or all other incidents of tangible personal property under the laws of this state.

The legislation called for food-grade testing of marijuana products. The legislation if passed would have required all cannabis products sold in New Mexico to be tested and free from contaminants. Packaging would have been required to be clearly labeled with the THC dosage. The legislation also included restrictions on advertisements that target youth. The legislation required investments in training that would assist law enforcement officers in identifying impaired driving and not just limited to only cannabis-induced impairment.

The legislation did give local governments some authority to determine where cannabis dispensaries can be located. However, the state’s counties will not have been given any authority to be able to prohibit cannabis sales nor prohibit the licensing of stores. In other words, local zoning rules would have been able to be used to control the number of stores in an area where they the stores could be located. This is identical to zoning restrictions placed on retail stores that sell pornography.

The legalization bill called for a 19% tax rate. Each county and city have varying gross receipts tax rates and the cannabis tax would have been added to those sales taxes. The tax is much lower than in other states and it is hoped it will prevent buyers from turning to the black market. The legislation would have exempted residents in the medical cannabis program from the tax and would require cannabis growers to serve the medical market before the recreational market

https://www.petedinelli.com/2020/02/06/recreational-cannabis-bill-clears-1-senate-committee-two-more-to-go-time-running-out-for-house-place-on-november-ballot-as-a-back-up/

COMMENTARY AND ANALYSIS

When it comes to the legalization of the recreational use of marijuana, the legislature needs to avoid a traditional licensing system like it created for full-service alcohol licenses. With present alcohol full-service licenses, the number of licenses are capped and based on population numbers. Liquor licenses are now being sold for upwards of $1 million where only the wealthy or major restaurant chains can only afford them.

The result and unintended consequence will be identical with recreational marijuana licenses purchased for a few thousand dollars from the state and held onto for a windfall profit.

The exact same thing will happen with recreational marijuana licenses unless the licenses are not tied to population. There should be no limit on the number of recreational pot licenses that will create a market of licenses that increase value and are considered an investment by the private sector as opposed to regulation by the state to protect the public health safety and welfare.

New Mexico doesn’t initiate legislation by ballot measures, though constitutional amendments are approved by referendum. If the 2021 NM Legislature were to enact legislation for a constitutional amendment for legalize recreational use of marijuana, voters would no get the measure for almost a full year. If a strong consensus can be achieved and if a recreational legalization program can be supported by large majorities in both the House and Senate, they should proceed and vote to legalize the recreational use of marijuana.

Legalize, regulate, tax recreational marijuana like alcohol and cigarettes.

Links to related coverage and news sources are here:

https://www.kob.com/albuquerque-news/recreational-marijuana-could-generate-up-to-800-million-a-year-according-to-new-estimates/5921047/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

https://www.krqe.com/news/politics-government/election-revives-recreational-pot-initiatives-in-new-mexico/

https://www.krqe.com/news/politics-government/gov-lujan-grisham-unveils-recreational-marijuana-legalization-proposal/

On November 2, 2020, the Federal Court Appointed Monitor James Ginger filed with the Federal Court his 12th Compliance Audit Report of the Albuquerque Police Department (APD) reforms mandated under the Court Approved Settlement Agreement (CASA).

The monitor’s compliance report covers the twelfth-monitoring period of February 1, 2020 to July 31, 2020. The Federal Monitor’s 12th report is 356 pages long. It follows the format as all the previous 11 reports. It’s a detailed audit of every paragraph of the consent decree and for that reason it is tedious and difficult to read. The link to the City web site with entire 12th Federal Monitor’s report is here:

http://documents.cabq.gov/police/reports/department-of-justice/independent-monitors-twelfth-report-nov-2020.pdf

ALBUQUERQUE JOURNAL EDITORIAL

On Sunday November 15, the Albuquerque Journal published the following editorial entitled “Albuquerque residents, police need timely feedback on reforms”

“Being on “the brink of a catastrophic failure” is a pretty bad place to be.

People deserve to know what’s happening closer to real time – APD has been remarkably slow with its own “report cards” to the public – before we learn we are on the brink. Or that we’ve gone over it.”

The link to the Albuquerque Journal Editorial is here

https://www.abqjournal.com/1518084/editorial-albuquerque-residents-police-officers-need-timely-feedback-on-reforms.html

DINELLI COMMENTARY AND ANALYSIS

The November 15 Journal Editorial, as detailed as it is, failed to address a number of points that need to be remembered. It also failed to suggest any real solutions as to what needs to be done now with APD.

CURRENT MANAGEMENT STILL PART OF THE PROBLEM

For the last 3 years, Keller appointed CAO Nair and Interim Chief Medina worked closely together to manage the day to day operations of APD. It is common knowledge within the APD command staff that Harold Medina will do anything and say anything Mayor Tim Keller and CAO Sarita Nair tell him to do and want him to say. It is also common knowledge that it was Medina that orchestrated Geier’s forced retirement with the help and backing of Keller’s political operative Nair. Medina’s ultimate goal is to be appointed permanent chief and Keller is likely going to do just that after another sham national search.

Interim Chief Harold Medina is part of the very problem that brought the Department of Justice (DOJ) here in the first place. It was the past APD management practices that resulted in the “culture of aggression” found by the DOJ that lead to the federal consent decree after 18 police officer involved shootings and the findings of excessive use of force and deadly force by APD. It is not at all likely, despite whatever public comments he makes, that Interim APD Chief Medina will ever truly be committed to all 270 Federal mandated reforms. One thing for sure is that First Deputy Chief Harold Medina is not the person who should be appointed permanent Chief.

APD NEEDS CLEAN SWEEP OF HIGH COMMAND MANAGEMENT

When candidate Keller was running for Mayor, he promised sweeping changes with APD, a national search for a new APD Chief and a return to Community Based policing. During Mayor Tim Keller’s first 8 months in office, Keller did not make the dramatic management changes he promised, but he a relied on past management of the department and past practices. The current Deputy Chiefs are not outsiders at all but have been with APD for a number of years and are eligible for retirement. Keller’s “new” and present Deputies are a reflection of APD’s past. APD’s current command staff are not a new generation of police officer fully committed and trained in constitutional policing practices.

The statement made by Mayor Tim Keller that former Albuquerque Police Chief Mike Geier simply wanted to retire appears to have been as bogus as it could get. In the 12th Federal Monitor’s report, the monitoring team found that APD has completely failed to police itself, pointing to major problems with the former police chief and the former APD Academy Commander. The 12th report outlines multiple cases where officers failed to accurately report use of force cases and the report places the blame directly on APD leadership.

https://www.krqe.com/news/albuquerque-metro/doj-report-outlines-apd-issues/

APD needs a clean sweep in management and philosophy to remove anyone who may have assisted, contributed or who did not stop the culture of aggression found by the Department of Justice and who have resisted the reform process during the last 3 years of the consent decree. Mayor Tim Keller needs to conduct a national search to find a new Chief who is not already with APD and allow whoever is chosen to run APD department free of his interference or the interference of CAO Nair. Mayor Keller should take this as an opportunity to also remove all the current Deputy Chief’s and allow whoever he selects to be the new Chief allow them to select and bring in their own command staff.

UNION RESISTANCE

The Journal editorial barely mentions the APD Union when it asks the question “Does the union that represents police officers have too much clout and is able to “hijack” IA interviews, as Ginger claims?”

It obvious from reading the 12th report that the union membership of sergeants and lieutenants are still at the center of the “under currents” of Counter-CASA effects. The police union has made its opposition and objections known to the federal court regarding the use of force and deadly force policies. The union has always argued that the new use of force and deadly force policies were too restrictive with rank and file claiming police cannot do their jobs and that their hands are tied.

The police union leadership have said in open court that the mandated reforms under the consent decree are interfering with rank and file officer’s ability to perform their job duties. During the August 20, 2019 status conference, the APOA union President Shaun Willoughby made it clear his union membership attitude towards the CASA reforms. District Court Judge Browning asked APOA Union President Shawn Willoughby what he and the union rank and file felt about the CASA. Willoughby’s responses were a quick condemnation of the CASA when he said “we hate it”, “we’re frustrated”, the reforms and mandates are “a hard pill to swallow”, that “all change is hard”.

According to Willoughby, police officers are afraid to do their jobs for fear of being investigated, fired or disciplined. The police union has never articulated in open court and in clear terms exactly what it is about the reforms that are keeping rank and file from “doing their” jobs and “why they hate” the CASA as articulated by the union president. It’s likely the union feels what is interfering with police from doing their jobs is the mandatory use of lapel cameras, police can no longer shoot at fleeing cars, police can no longer use choke holds, police need to use less lethal force and not rely on the SWAT unit, police must use de-escalating tactics and be trained in crisis intervention, and management must hold police accountable for violation of standard operating procedures.

What was so damn laughable is when Union President Willoughby says that the union cooperated and participated with the reforms unlike all other Departments in other cities faced with a consent decree. What the union has actually been doing for the last 6 years was disrupting the process by not being fully committed to the reforms and changes and doing what it could to water down the changes to the “use of force” and “deadly force” policies.

Given the Federal Monitors criticism and what is contained in the 12th report, it is downright laughable that Union President Willoughby would actually say in an interview that the rank and file are doing a “much better job than the report lays out” and that he believes officers understand the importance of reporting excessive force. It obvious from the entire 12th report they do not especially when the monitor says in the 12th report:

1.“… [When] … Internal Affairs … allow union representatives … and … officers to respond to salient , and reasonable, fact-finding questions by simply reading a Garrity statement … into the record, as opposed to answering questions posed, there are serious and near terminal problems with process, policy enforcement, and outcome factors.”

5. Supervision, which includes Lieutenants and Sergeants in the union, “needs to leave behind its dark traits of myopia, passive resistance, and outright support for, and implementation of, counter-CASA processes.”

REMOVE SERGEANTS AND LIEUTENANTS FROM POLICE UNION

APD is a “para-military” organization and as such the “chain of command” must be honored and the lines of authority must not be blurred to the point where management and subordinates become one and the same for the purpose of enforcing policy. Allowing management positions to be part of employee bargaining unit is a recipe for disaster, which is exactly what is being played out with the Court Approved Settlement Agreement (CASA).

Sergeants and lieutenants need to be made at will employees and removed from the collective bargaining unit in order to get a real buy in to management’s goals of police reform and the CASA. APD Police sergeants and lieutenants cannot serve two masters of Administration Management and Union priorities that are in conflict when it comes to the CASA reforms.

The current police union contract expired on June 30. The City and the Union have now suspended their negotiations because of the corona virus pandemic and the uncertainty of the city’s revenues for the new fiscal year that begins July 1. The union contract negotiations must commence soon. Until a new union contract is negotiated and approved, the terms and conditions of the old contract will remain in effect.

The Police Union no doubt wants to continue the terms of the expired contract, including who is in the collective bargaining unit. There is no real excuse to delay negotiations on the police union contract. Delay will only allow the Union to continue dictating to the city what should be done and continue its efforts to obstruct implementation of the police reforms under the CASA.

Another option the City and the Department of Justice need to explore is to move for the dismissal of the police union from the federal court proceeding. This will allow APD command staff and management more authority do its job with enforcement of the CASA mandates and implementation of all 270 reforms.

ABOLISH APD INTERNAL AFFAIRS

Another option that needs to be considered is to abolish APD’s Internal Affairs Unit. APD has consistently shown over decades it cannot police itself which contributed to the “culture of aggression” found by the Department of Justice. The APD Internal Affairs Unit needs to be abolished and its functions absorbed by other civilian departments.

The investigation of police misconduct cases including excessive use of force cases not resulting in death or serious bodily harm should be done by “civilian” personnel investigators, not sworn police. The function and responsibility for investigating police misconduct cases and violations of personnel policy and procedures by police should be assumed by the Office of the General Council in conjunction with the City Human Resources Department.

The Office of Independent Council could make findings and recommendations to the APD Chief and Police Oversight Board (POB) for implementation and imposition of disciplinary action.

CONLUSION

It is clear from the 12th Federal Court Monitors report that “Operational Compliance” and the “counter casa effect” have been and continue to be the biggest sticking points for APD and present the biggest obstacles for the department under the consent decree.

Operational Compliance is attained at the point that the adherence to policies is apparent in the day-to-day operation of the agency. In other words, line personnel are routinely held accountable for compliance, not by the monitoring staff, but by their sergeants, and sergeants are routinely held accountable for compliance by their lieutenants and command staff. In other words, the APD “owns” and enforces its policies.

After 6 years of work under the CASA, the City and the Department of Justice need to recognize that as long as the Police Union continues to be a party to the case and Sergeants and Lieutenants are allowed to be part of the collective bargaining unit, not much more is going to be accomplished. And neither is relying on the current interim Chief and Deputy Chiefs.

After almost 3 years in office, Mayor Tim Keller under his leadership still has a police department that is failing miserably to police itself and on the brink of catastrophic failure. Keller has only himself to blame given the fact he personally selected those that have been in charge of APD and he went back on his campaign promise to hire a new Chief from outside the agency.

On November 3, U.S. Attorney John C. Anderson announced $500,000 to combat violent crime in New Mexico. In a press release, Anderson said the grant, awarded by the Department of Justice Office of Justice Programs, is part of more than $458 million in funding to support state, local and tribal law enforcement efforts to combat violent crime in jurisdictions across the United States.

A link to the full press release is here:

https://www.justice.gov/usao-nm/pr/us-attorney-john-c-anderson-announces-500000-combat-violent-crime-district-new-mexico#:~:text=Awards%20Are%20Part%20of%20More,in%20Bernalillo%20County%2C%20New%20Mexico.

The $500,000 in funding is a continuation of the Trump Administration’s commitment to reducing crime and improving public safety. According to the press release:

“In the two years before President Trump took office, America had experienced a precipitous rise in crime, particularly in serious violent crime. The President elevated community safety to the top of his domestic agenda and crime rates have fallen steadily since. Recent data from the FBI and the Bureau of Justice Statistics for 2019 show a drop in crime and serious victimization for the third year in a row. However, a number of cities are experiencing conspicuous countertrends.”

In making the announcement, US Attorney John Anderson had this to say:

“I am pleased to announce this additional funding awarded to Bernalillo County as part of Operation Legend. … [Bernalillo County] Sheriff Gonzales and his department have been integral partners in identifying and apprehending perpetrators of dangerous crimes in our community. This funding helps to ensure that our efforts are sustainable over the long term.”

More than $458 million in federal funding has been awarded nationwide. The US Department of Justice has made 1,094 grants totaling more than $369 million to support a broad range of initiatives, including efforts in enforcement, prosecution, adjudication, detention and rehabilitation. Funding has included programs for efforts to suppress youth gang activity and to support research and evaluation on the prevention and reduction of violent crime.

Department of Justice “Office of Justice Programs” (OJP) awarded more than $10 million across 24 jurisdictions to intervene in and suppress youth gang activity as well as $1 million to the Institute for Intergovernmental Research to continue operating the National Gang Center. OJP’s National Institute of Justice awarded $7.8 million to fund research and evaluation on the prevention and reduction of violent crime. OJP’s Bureau of Justice Statistics provided more than $69 million to strengthen the quality and accessibility of records within the National Instant Criminal Background Check System.

Bernalillo County will receive $500,000 to assist in continuing efforts as part of Operation Legend. Operation Legend is an ongoing, systematic and coordinated law enforcement initiative across federal law enforcement agencies work with state and local law enforcement officials to fight the current surge of violent crime in American cities.

In the press release, the Bernalillo County Sherriff’s Office had this to say:

“The Bernalillo County Sheriff’s Office is grateful for our federal law enforcement partners supporting our office in the removal of career criminals from the streets and combating Albuquerque’s out-of-control crime crisis. This additional funding proves we have the federal government’s full support to make Bernalillo County a safer place to live.”

OPERATION LEGEND UPDATE

On Wednesday October 14, Attorney General William Barr and federal and local officials held a press briefing in Albuquerque on Operation Legend and proclaimed it a success. It was in July at the White House that President Donald Trump announced the Operation Legend where federal law enforcement agents were being sent to 7 cities that have some of the highest violent crime rates in the country.

The Department of Justice reported that since the start of Operation Legend in July 2020, it has been expanded from 7 cities to 9 cities with some of the highest violent crimes in the country. Operation legend has resulted in more than 5,000 arrests and of those arrests, about 247 have been for homicide, over 2,000 firearms have been seized in addition to the seizure of nearly 22 kilos of heroin, over 15 kilos of fentanyl, more than 130 kilos of methamphetamine, over 28 kilos of cocaine and more than $7.3 million in drug proceeds.

Of those approximately 5,000 arrests, 1,057 have been charged with federal offenses. Around 568 of those defendants have been charged with firearms offenses with around 411 being charged with drug-related crimes. Those remaining have been charged with various offenses.

https://www.krqe.com/news/albuquerque-metro/ag-barr-to-provide-updates-on-operation-legend-in-albuquerque/

RESULTS OF OPERATION LEGEND IN ALBUQUERQUE

Forty federal agents were sent to Albuquerque for the operation that worked with local law enforcement. Operation Legend targets violent criminals and crimes. In 2019, Albuquerque had a violent crime rate 3.7 times the national average. In recent years, property crime has decreased slightly but overall violent crime remains high.

During the October 14 press conference, Attorney General Barr, U.S. Attorney for New Mexico John Anderson and FBI Deputy Director David Bowdich announce the results of the 3 month initiative. According to a news release from the Department of Justice, 113 defendants have been charged with federal crimes as follows:

47 defendants have been charged with narcotics-related offenses
56 defendants have been charged with firearms-related offenses
10 defendants have been charged with other violent crimes.

FBI Deputy Director Bowdich said that in Kansas City, another jurisdiction included in Operation Legend, there was a 30% reduction in violent crime, a 15% reduction in homicides and a 24% reduction in strong-arm robberies. However, no statistics showing if violent crime decreased in Albuquerque during the three months since Operation Legend began in the city.

FBI Deputy Director Bowdich had this to say:

“These are significant statistics, but these require the community to work close, hand in hand with law enforcement. … So I want to plead for help. … We need the community’s help, please trust us, please pick up the phone, and trust us to do the right thing and make sure we aggressively respond to tips and your complaints.”

ATTORNEY GENERAL BARR

During the October 14 press conference in Albuquerque, US Attorney General William Barr had this to say:

“The first priority of law enforcement has to be to get these people off the streets and get them into prison and to protect the people, and when you do that crime goes down. … Stop the revolving door and keep the chronic offenders off the street. Our problem back in 1992 was the problem we’re seeing here in Albuquerque today, which is revolving door justice in the state system. … If you want to be safe, if you are tired of the blood and mayhem on the street, you have to start paying attention to who you vote for to retain as judges, to who you make district attorney, to who you make mayor. … I’m saying this across the board, not just to the people of Albuquerque.”

DEFENSE BAR RESPOND TO BARR

In an interview with the Albuquerque Journal after the briefing, Jennifer Burrill, a public defender and the vice president of the N.M. Criminal Defense Lawyers Association had this to say:

“ … I’m very concerned this is not addressing the issues that we need, which are poverty and employment. Those types of things are what we see that reduce crime rates, not putting people in jail and pretending to throw away the key.”

Chief Public Defender Bennett Baur in response to AG Barr’s also said:

“You can’t just incarcerate your way out of crime issues. … The best way to address community safety is to look at the root causes: lack of education, lack of job opportunities and lack of affordable access to mental health and substance abuse treatment.”

https://www.abqjournal.com/1507192/us-ag-barr-praises-operation-legend.html

COMMENTARY AND ANALYSIS

Operation Legend is a major crackdown aimed at driving down violent crime in 9 of the nation’s most violent cities in the country. Not at all surprising, Albuquerque is one of those cities. The other cities include Detroit, Baltimore, Cleveland, Kansas City, Memphis and Milwaukee. All the cities have violent crime rates significantly higher and above the national average. FBI statistics reveal that Albuquerque has the dubious distinction of having a crime rate about 194% higher than the national average.

By all accounts, Operation Legend has been successful. Even with the initial success of Operation Legend, and the additional $500,000 in Federal grant money, it is very doubtful that it is going to make that much of difference anytime soon. Even with the initial success of Operation Legend, it is very doubtful that the 35 sworn law enforcement brought to the city for Operation Legend as well as the 40 new sworn police paid for by the Operation Legend grant, are going to make that much of difference anytime soon given the city and counties existing law enforcement personnel resources. APD has 984 sworn police and the BCSO has 300 sworn police, for a total of 1,284 sworn police, with city’s crime rates being some of the highest in the country for the last 10 years.

For the past 9 years, Albuquerque has experienced a sharp increase in crime. Six of those crime years were under Republican Mayor RJ Berry and for the past 3 years the crime rates haven gotten even worse under Democrat Mayor Keller. Keller himself is saying APD alone needs at least 200 more cops and have a full force of 1,200.

President Elect Joe Biden will be sworn on January 20, 2021 and United States Attorney William Barr will soon be gone with United State Attorney John Anderson likely to be replaced within 8 months. With the election of President Biden, the priorities of the US Department of Justice will likely come to a screeching halt and then begin in a new direction. New Mexico will still be dealing with high violent crime rates.

The Bernalillo County Sheriff’s Department would be wise to grab that $500,000 in grant money before January 20, 2020.

EDITOR’S OPINION DISCLAIMER: The opinions expressed in this guest column written by former APD Deputy Chief Paul Chavez are those of Mr. Chavez. The opinions do not reflect those of the www.petedinelli.com blog as they relate to who should be the next APD Chief. Paul Chavez has not been paid any compensation to publish the guest column and he has given consent to publish. The article is being published to allow a discussion of an opposing view point to that of this blog which opposes the appointment of Harold Medina. A link to an opposing blog article on Interim Chief Harold Medina can be found in the postscript below.

GUEST COLUMN BY FORMER APD DEPUTY CHIEF PAUL CHAVEZ

Paul Chavez spent 22 years with the Albuquerque Police Department retiring in 2006 as the Deputy Chief of the Field Services Bureau. Subsequent to retirement he spent six years as the Director of Intelligence for the Southwest Border High Intensity Drug Trafficking Area (HIDTA) Program, four years teaching with the Border Security Center (BORSEC) at New Mexico Tech and is currently the Director of Public Safety with the Pueblo of Laguna. He holds a Bachelor’s Degree in Criminal Justice from New Mexico State University and a Master’s Degree in Public Administration from the University of New Mexico.

“Though the 2020 Presidential Election and COVID-19 have dominated our lives recently, we soon will be again focusing on the Chief of Police for our fair city. While my target audience is the Mayor and those who have his ear, I know politicians don’t like taking advice from retired bums on the sidelines. Perhaps I can get this audience to understand what Mayors in our city have failed to grasp. Mayors want to look good, but what they have never understood is that it’s not the Chief of Police that makes them look good. It is the field officers, operational detectives and their sergeants that make the Mayor look good.

Mr. Mayor, leave Chief Medina where he’s at. And all you city leaders out there, current and future – let’s learn to respect the rank and file; they’re the ones who’ll make you look good. Let’s find a commonsense way to get a true professional as Chief of Police. Then leave them to be a Chief of Police and not a political stooge.
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POSTSCRIPT

A link to an opposing blog article on Interim Chief Harold Medina and published on September 28, is here:

A Chief Medina Is Keller’s “Unicorn”; Medina’s Reactive Decision-Making Results In Death; Chief Geier: “I Did Not Want To Retire”, Says Keller And Nair Micro Managed APD; Mayor Mike Geier?

Given the fact that we have an outgoing President who did not serve this country in the military and called those who did and died losers and suckers and now alleges election fraud to hold onto office, and refuses to concede to President Elect Joe Biden, we all need to give a special remembrance to Veterans Day 2020 and its meaning to our right to vote in a democracy.

I am compelled to pay tribute to members of my family who have given so much and sacrificed so much to protect our freedoms and to protect this great country of ours. All these family members were born and lived in New Mexico, two were born in Chacon, New Mexico and the rest raised and educated in Albuquerque.

One gave the ultimate sacrifice during time of war.

My father Paul Dinelli and my Uncle Pete Dinelli, for whom I was named after, both served in the US Army during World War II when the United States went to war with Italy, Germany and Japan. The United State was at war with Italy during World War II. My father and uncle were first generation born Americans and the sons of Italian immigrants who settled in Albuquerque in the year 1900 to live the American dream. My Uncle Pete Dinelli was killed in action when he stepped on a land mine. My father Paul Dinelli was a disabled American Veteran when he returned to Albuquerque after World War II.

My uncles Fred Fresques and Alex Fresques, my mother’s two brothers, also saw extensive combat in World War II. My Uncle Alex Freques served in England and was in the Air Force. My uncle Fred Fresques saw extensive action in the US Army infantry to the point that he refused to talk about what he saw to anyone. My Uncle Fred was awarded 3 bronze stars and the purple heart for his war time service.

After the war, Uncle Fred returned to Albuquerque and raised his family in Barelas. Over many years, my Uncle Fred was active in the Barelas Community Center and was a trainer for the “Golden Gloves” competition teaching young adults the sport of boxing.

My father in law, George W. Case, who passed away a few years ago at the age 93, served in the United States Navy during World War II and saw action while serving on a destroyer. My father in law George Case was so proud of his service that he wore a World War II Veterans cap every day the last few years of his life. After the war, my father in law George Case returned to Albuquerque was married to my mother in law Laurel Del Castillo for 50 years, raised a family of 4 girls. George eventually owed a liquor store for a few years and then went on to build, own and operate the Old Town Car wash and was in the car wash industry for a number of years.

My nephew Dante Dinelli, was born and raised in Albuquerque and joined the service a few years after graduating from Cibola High School. Dante served 20 + years in the US Navy, retired as a Chief Petty Officer and to this day still works in a civilian capacity for the Navy.

My two nephews, Matthew Barnes and Brandon Barnes, the sons of my younger sister, Pauline were born and raised in Albuquerque and went to Bosque Prep. Both Mathew is a Major and Brandon is a Captain in the United States Marine Corps and both are climbing the promotion ladder in the Marine Corps. My nephew Captain Brandon Barnes is a graduate of the US Naval Academy. My nephew Captain Matthew Barnes graduated from UNM with honors and served a tour in Afghanistan.

To all the wonderful and courageous men and women who have served and continue to serve our country to protect and secure the promise of freedom and the ideals upon which the United States was founded upon, and to those who made the ultimate sacrifice, I thank you for your service to our Country.

Your service and sacrifices will never be forgotten. God bless you all and God Bless the United States and all of our freedoms you fought for to protect this great democracy.

With apologies to Paul McCartney and WINGS:

Someone’s knockin’ at the door
Somebody’s ringin’ the bell
Someone’s knockin’ at the door
Somebody’s ringin’ the bell
Do me a favor Joe
Open the door and let ’em in!

Do me a favor Joe
Open the door and let ’em in, ooh yeah Joe, let ’em in!

One week to the day of the November 3 election, it is being reported by local and national media sources that at least 4 of New Mexico’s top elected officials have expressed an interest or have made it know that they want to serve in the Cabinet of President Elect Joe Biden. Those being mentioned are:

GOVERNOR MICHELLE LUJAN GRISHAM

On November 9, the news website Axios reported that after Joe Biden did not do as good as was expected with Hispanic voters in some states, such as Florida, Democrats are urging Biden to nominate several Latinos to high-profile Cabinet positions. Among those in contention are New Mexico Gov. Michelle Lujan Grisham for Health and Human Services.

Governor Michelle Lujan Grisham is the biggest name in New Mexico politics that is being mentioned to be appointed as the Cabinet Secretary of the Health and Human Services Department. Lujan Grisham is one of the co-chairs of President Elect Biden’s transition team. Further, Lujan Grisham’s chief of staff, John Bingaman and son of former United States Senator Jeff Bingaman, took a leave of absence to assist with the Biden Presidential transition team.

If Governor Lujan Grisham is in fact named to a cabinet position, Lt. Gov. Howie Morales would assume the office of governor for the remainder of Lujan Grisham’s term, which ends in 2022. If that were to happen, Morales would likely seek election as Governor in 2022. Morales will likely have stiff competition for the Democratic nomination for Governor. Attorney General Hector Balderas, who is term limited, is said to be now looking at running for Governor if Lujan Grisham steps down. Balderas already has upwards of $700,000 in his campaign account.

UNITED STATES SENATOR TOM UDALL

According to sources, New Mexico’s Senior Senator Tom Udall, who did not seek reelection to his U.S. Senate seat and who is leaving the Senate come January 1, 2021, is actively seeking to become Cabinet Secretary for the U.S. Interior Department. Tom Udall’s late father, Stewart Udall, served as interior secretary for eight years in the 1960s under Presidents John F. Kennedy and Lyndon Johnson.

Throughout his career as a New Mexico Congressman and United State Senator, Udall has been very active in environmental and federal lands issues, conservation issues and issues facing Native American rights. When he announced his retirement from the United States Senate, Udall said that although he was retiring from the Senate he intended to find “new ways” to serve New Mexico and the country.

UNITED STATE SENATOR MARTIN HEINRICH

New Mexico’s Junior Senator Martin Heinrich is up for election to a third term in 2022 and is also being said to be very interested in becoming Cabinet Secretary for the U.S. Interior Department. Like Udall, Heinrich has been very active in environmental and federal lands issues and water conservation issues.

Sources are also saying becoming the Secretary of Interior is not the only option being considered by Heinrich. One source has reported that Heinrich recently registered his two sons with the Albuquerque Public Schools and is said to be looking at running for the 2022 Democratic nomination for Governor if in fact Lt. Governor Morales ends up in the Governor’s chair. If Heinrich wants to move his family back to New Mexico, it’s a signal he has become tired of the Washington DC life. A 3 way race for Governor in 2022 between Morales, Balderas and Heinrich will no doubt be a slugfest and result in ending the political careers of two.

Another wrinkle in the political intrigue is the fact if Heinrich is tapped to serve in Biden’s cabinet, the Governor, wether its Michell Lujan Grisham or Howie Morales, would appoint his replacement to serve the remaining two years of his term also causing more dominos to fall with a stampede of candidates running in 2022 for the open US Senate Seat.

CONGRESSWOMAN DEBRA HAALAND

Congresswoman Debra Haaland, who was just elected to a second term to the US Congress, is also being mentioned as a possible appointment to a Biden Cabinet. Haaland is a Laguna Pueblo member and former San Felipe Pueblo tribal administrator. Biden would make history if he were to choose Haaland to be the first Native American to serve in a presidential Cabinet. Sources have also confirmed that many Native American Tribes throughout the country are taking a major interest in promoting Haaland for a cabinet position, especially those tribes that are involved with Indian Gaming interests. According to POLITICO magazine, Haaland is also on Biden’s short list for Interior Secretary.

Congresswoman Haaland had this to say about the rumors:

“It is notable that our country has finally reached the point where having the first Native American Cabinet secretary is a serious consideration and there are people putting it down on paper. … New Mexico is my top priority, and I am open to opportunities where I can best serve our state, Indian Country, and our country at large and pushing the Biden climate plan.”

If Haaland were to be appointed to a Cabinet position by Biden, a special election would have to be held for her Albuquerque-based 1st Congressional District seat, no doubt resulting in numerous candidates for the job.

COMMENTARY AND ANALYSIS

This is what you call knocking on the door of opportunity as hard as you can to get someone’s attention. All 4 seem to be knocking themselves out to get out of New Mexico with 3 not wanting to even finish the terms they were elected to serve by the people of New Mexico. Perhaps they know just how bad things have gotten in New Mexico and now is the time to get out of town before its way too late to continue with their political careers.

This is the very type of posturing by all 3 of our most respected elected officials that give ambitious politicians the label of “political opportunist” as being more concerned about themselves and not the people who elected them to serve in the first place. At least Tom Udall is finishing his term, but he too has had a big streak of being opportunistic running for congress first in Albuquerque when Steve Schiff ran, then running for Attorney General, then running for Congress again then running for the US Senate.

When you run for an elected office, you make a commitment to voters to at least finish the term you were elected to. Otherwise, as a candidate, you were misleading voters and you become an opportunist, especially after you have run around for almost a full year, spending literally millions in donations from others to get elected and telling every one to vote for you and it is the job you want. The Governor spent $10 million to get elected, now she wants to leave mid term. Haaland spent millions to get re elected to a second term and has not even been sworn in to her second term and now wants move on. Heinrich spent up to $9 Million to get re elected 4 years ago and now wants to leave with 2 years left in his term. New Mexico needs all 4 where they are now and they should finish thier terms and only then move on.

Now that APD is once again in a meltdown including a scathing DOJ monitors report that said APD is on the “brink of catastrophe” and unable to police itself and time card fraud by police officers. no one should be surprised if Tim Keller decides being Mayor is not all the fun, games and adoring attention he thought it would be. Keller could easily decide and to run to replace Haaland, Lujan Grisham or even Heinrich. Keller also has a reputation of leaving in mid term to run for another office and if he is elected to a second term as Mayor on Novemeber 5, 2021, he could easily turn around and run for a higher office in 2022 with the primary being in June, 2022. When Keller was a State Senator he left mid term to run for State Auditor, and when he was State Auditor, he left mid term to run for Mayor, all within the span of 5 years.

“Someone knocking at your door, someone’s ringing your bell, do me a favor Joe, open the door and let ’em in, ooh yeah Joe, let ’em in!”