Although the title to this article is somewhat crude, with apologies made to anyone who is offended reading it, it is an old saying that rings true when a newspaper and by extension the news media get sued by those claiming malicious defamation.

This is a “deep dive” analysis into such a complaint and why they are so difficult prove.

The parents of the 16-year-old who was involved in an encounter with Native American advocate Nathan Phillips at the Lincoln Memorial on January 18, 2019 has filed a defamation lawsuit in Federal Court in the State of Kentucky against The Washington Post.

The Washington Post is the only named defendant in the case.

https://www.washingtonpost.com/lifestyle/style/the-washington-post-sued-by-family-of-covington-catholic-teenager/2019/02/19/aa252be4-349c-11e9-854a-7a14d7fec96a_story.html?noredirect=on&utm_term=.f10f72c41e69

The 16-year-old’s parents filed the lawsuit for him seeking $250 million in damages from The Washington Post for its coverage of the incident.

Quoting the complaint:

“In order to fully compensate Nicholas [Sandmann] for his damages and to punish, deter and teach the Post a lesson it will never forget, this action seeks money damages in excess of Two Hundred and Fifty Million Dollars ($250,000,000.00), the amount Jeff Bezos, the world’s richest person, paid in cash for the [Washington]Post when his company, Nash Holdings, purchased the newspaper in 2013”. (Page 4, paragraph 19 of complaint.)

The complaint is also seeking “compensatory damages” of Fifty Million Dollars ($50,000,000.00).

Punitive damages are awarded against a defendant to punish, deter and teach a lesson in order to keep a defendant from engaging in conduct and prevent them from ever doing it again.

Compensatory damages are the damages that must be proven in court and awarded to make a person whole again.

Sixteen year-old Nicholas Sandmann was among the students from Covington Catholic High School in Kentucky who was wearing a red “Make America Great Again” hat during a trip to the Lincoln Memorial when they encountered Nathan Phillips, a Native American activist.

You can read the entire 38-page civil federal court lawsuit complaint filed in United States District Court, Eastern District of Kentucky, Northern Division at Covington here:

https://www.dropbox.com/s/rnio82555v8eiqk/2019-02-19%20Sandmann%20%20vs.%20Washington%20Post%20-%20Complaint.pdf?dl=0

The federal lawsuit alleges a cause of action for defamation that the Washington Post published six false and defamatory articles concerning 16-year-old Nicholas Sandman, including two in its print newspaper and four online. (Page 18 of civil complaint.)

According to the federal civil complaint, The Washington Post:

“wrongfully targeted and bullied Nicholas because he was the white, Catholic student wearing a red ‘Make America Great Again’ souvenir cap on a school field trip to the January 18 March for Life in Washington, D.C. when he was unexpectedly and suddenly confronted by Nathan Phillips …, a known Native American activist, who beat a drum and sang loudly within inches of his face. … Nicholas stood quietly and respectfully for several minutes after being targeted and bullied by Phillips and Nicholas’ body language remained non-aggressive and passive throughout the incident.”

The complaint asserts that the Washington Post “targeted and bullied” 16-year-old Nicholas Sandman in order to embarrass President Donald Trump.

Numerous national news accounts and videos of the encounter resulted in a debate over the behavior of all the participants, including the students, the Native American protesters and the “Hebrew Israelite” protesters.

The complaint alleges:

“In a span of three days in January of this year commencing on January 19, the Post engaged in a modern-day form of McCarthyism by competing with CNN and NBC, among others, to claim leadership of a mainstream and social media mob of bullies which attacked, vilified, and threatened Nicholas Sandmann, an innocent secondary school child”.

Nathan Phillips for his part is a self-described Native American activist who was on the Washington Mall that day for the “Indigenous Peoples March” and is an American Veteran.

Phillips told media outlets that he was walking toward the Lincoln Memorial when he encountered the Covington Catholic (CovCath) High School group.

Nathan Phillips was chanting and beating a small drum when he came face to face with 16-year-old Sandmann.

The complaint makes the accusation that the Washington Post “bullied” Sandmann in its news stories “because he was the white, Catholic student wearing a red “Make America Great Again” souvenir cap he had purchased the morning of the incident”.

The complaint proclaims that Nathan Phillips is not a Vietnam Veteran, that he is “a phony war hero [who] was too intimidated by the unruly Hebrew Israelites to approach them, the true troublemakers, and instead chose to focus on a group of innocent children.”

According to the lawsuit, the Washington Post “did not conduct a proper investigation before publishing its false and defamatory statements of and concerning Nicholas [Sandmann]”

The Washington Post is accused of ignoring videos that showed a fuller picture of the incident and of using “unreliable and biased sources,” thus acting with “knowledge of falsity or a reckless disregard for the truth.”

NOTEWORTHY ALLEGATIONS

Noteworthy accusations to highlight in the complaint include the following numbered allegations:

“7. In targeting and bullying Nicholas by falsely accusing him of instigating the January 18 incident, the Post conveyed that Nicholas engaged in acts of racism by “swarming” Phillips, “blocking” his exit away from the students and otherwise engaging in racist misconduct.

8. The Post ignored basic journalist standards because it wanted to advance its well-known and easily documented, biased agenda against President Donald J. Trump (“the President”) by impugning individuals perceived to be supporters of the President.

9. As a 16-year-old secondary school student, Nicholas’ political beliefs are anything but established and entrenched in his young mind.

10. Nicholas has zero history of political activism or aggressiveness and did not exhibit any such conduct even when confronted with unbridled racist attacks by activist bullies at the National Mall.

11. The Post’s campaign to target Nicholas in furtherance of its political agenda was carried out by using its vast financial resources to enter the bully pulpit by publishing a series of false and defamatory print and online articles which effectively provided a worldwide megaphone to Phillips and other anti-Trump individuals and entities to smear a young boy who was in its view an acceptable casualty in their war against the President.

12. Unlike the Post’s abuse of the profession of journalism, Plaintiffs do not bring this lawsuit to use the judicial system to further a political agenda. This lawsuit is brought against the Post to seek legal redress for its negligent, reckless, and malicious attacks on Nicholas which caused permanent damage to his life and reputation.

13. The Post bullied an innocent child with an absolute disregard for the pain and destruction its attacks would cause to his life.

14. The Post proved itself to be a loud and aggressive bully with a bully pulpit.

15. In targeting and bullying Nicholas by falsely accusing him of instigating the January 18th incident, the Post conveyed that Nicholas engaged in acts of racism by “swarming” Phillips “blocking” his exit away from the students, and otherwise engaging in racist misconduct.

16. But the Post did not care about protecting Nicholas. To the contrary, the Post raced with a reckless disregard of the facts and truth because in this day and time there is a premium for being the first and loudest media bully.

17. The Post wanted to lead the charge against this child because he was a pawn in its political war against its political adversary, a war so disconnected and beyond the comprehension of Nicholas that it might as well have been science fiction.

18. The Post must be dealt with the same way every bully is dealt with and that is hold the bully fully accountable for its wrongdoing in a manner which effectively deters the bully from again bullying other children. In a civil lawsuit, punishment and deterrence is found in awarding money damages to the victim and target of the bully.

19. In order to fully compensate Nicholas for his damages and to punish, deter, and teach the Post a lesson it will never forget, this action seeks money damages in excess of Two Hundred and Fifty Million Dollars ($250,000,000.00) the amount Jeff Bezos, the world’s richest person, paid in cash for the Post when his company, Nash Holdings, purchased the newspaper in 2013.”

Detailed allegations of online videos of the January 18 incident are made in the civil complaint.

THE JANUARY 18, 2019 INCIDENT

The complaint gives a version of the events of January 18, 2019 by making the following numbered allegations:

“20. On January 18, 2019, Nicholas attended the March for Life on a school trip chaperoned by sixteen adults, nine of whom were faculty members at Nicholas’ school, Covington Catholic High School (“CovCath”).

21. …

22. Nicholas was wearing a red cap Make America Great Again cap (“MAGA cap”) that he had purchased that day as a souvenir.

23. While at the National Mall, a small group of adult gentlemen who describe themselves as Hebrew Israelites a known hate group began verbally assaulting and taunting Nicholas and his CovCath classmates with including but not limited to, threats of physical violence and vitriol calling the students “incest babies” “dirty ass crackers,” and “future school shooters.”

24. One of Nicholas’ classmates requested and received permission from a school chaperone to engage in CovCath school sports cheers in an effort to ignore and drown out the hate speech being hurled at them by the Hebrew Israelites.

25. The school cheer is intended and undertaken to promote unity and school pride and should have been correctly seen as a positive act, not a racist act.

26. During the school cheer, Phillips and a small group of his companions all of whom had been participating in the Indigenous Peoples March at the National Mall that day instigated a confrontation with Nicholas and his CovCath classmates.

27. Rather than focusing their attention on the Hebrew Israelites, who had been relentlessly insulting both the teenagers for almost an hour and the Native Americans attending the Indigenous Peoples March before that, Phillips and his activist companions approached the CovCath students from a distance while beating drums, singing, dancing, and carrying cameras to capture the confrontation on video.

28. Apparently, Phillips, a phony war hero, was too intimidated by the unruly Hebrew Israelites to approach them, the true troublemakers, and instead chose to focus on a group of innocent children a much safer endeavor for activist tactics of intimidation.”

The complaint makes allegations regarding the very close face-to-face interaction between the 16-year-old and Nathan Phillips beating a drum by alleging:

“44. While he stood there with Phillips beating a drum near his face and singing loudly, Nicholas remained silent and did not utter a single word to Phillips.”

ALLEGATIONS AND INVESTIGATIONS OF NON-PARTY DEFENDANTS

The complaint argues that the Post did not conduct a proper investigation before publishing its false and defamatory statements concerning the 16-year-old. (See paragraph 71 of complaint.)

The lawsuit contains allegations and quotes from specific stories and videos published and statements made by school officials and the sixteen your old himself in a national TV interview.

According to the lawsuit an investigation was conducted that revealed the truth about what happened on January 18 and that inconsistent and false claims were made by Native American Activist Nathan Phillips.

Nathan Phillips is not a named party defendant.

The complaint also alleges false and defamatory statements concerning the 16-year-old published by the Catholic Diocese of Covington on January 19 before a proper investigation had been conducted by the Diocese.
(Paragraph 72)

The Catholic Diocese is not a named defendant.

The complaint makes specific allegations that the 16-year-old is not a “public figure” as defined by the law but is a private figure for the purposes of this defamation action, claiming he has lived his entire life outside of the public eye. (See paragraphs 163 to 168 of complaint.)

ABSENCE OF MALICE IS A DEFENSE TO “MALICIOUS DEFAMATION” ALLEGED AGAINST THE NEWS MEDIA

The distinction between a “public figure” and a “private figure” under the law is a critical distinction when it comes to the First Amendment Right of Freedom of the Press and the lawsuit filed.

The civil complaint specifically alleges that “The Post published negligently with actual malice”.

The First Amendment rights of free speech and of the press have limitations when it comes to libel, slander, defamation and malicious statements that harm others.

An act of malicious defamation involves the intentional commission of a wrongful act and statements made against another, absent real justification, with the intent to cause harm to others.

An act of malicious defamation is considered an intentional violation of the law that injures another individual in some manner and where actual damages can be proven.

“Absence of malice” refers to the legal defense against charges of libel (written) defamation, and is used in journalism to illustrate the conflict between disclosing damaging personal or newsworthy information and the public’s right to know.

If something is published or telecast with an “absence of malice” against a person reported upon, there is no liability owed to the person or subject harmed with the publication considered “freedom of speech” or of the press.

In the context of civil defamation actions for libel and slander for damages, a person who is found to be a “public figure”, such as an elected official, cannot succeed and recover damages in a lawsuit for false statements unless there is proof that the writer or publisher acted with actual malice by knowing the falsity or by reckless disregard for the truth and there must be actual and provable damages.

The plaintiff’s in their case against the Washington Post have requested a jury trial.

In any civil lawsuit seeking damages, the party bringing the lawsuit must prove their case by a “preponderance of the evidence” before the “trier of fact”, the jury.

“Preponderance of the evidence” is defined as the greater weight of the evidence required in a civil, non-criminal, lawsuit for a jury to decide in favor of one side or the other.

This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

https://dictionary.law.com/Default.aspx?selected=1586

COMMENTARY AND ANALYSIS

When you review the federal lawsuit against the Washington Post, what is glaring is that more than few individuals have been omitted or ignored who should have been named as parties to the lawsuit.

President Donald Trump is not name as an injured party and Native American Nathan Phillips, the Hebrew Israelites who allegedly instigated the incident and the Catholic Diocese of Covington are not named as defendants.

The complaint boldly proclaims the Washington Post “targeted and bullied” 16-year-old Nicholas Sandman in order to embarrass President Donald Trump, which is very easily alleged but will be difficult to prove in court.

“Bullying” can be loosely defined as physically or emotionally hurting someone, or shaming and embarrassing someone over an extended period of time forcing that person to do something they do not want to do to themselves or others.

“Bullying” someone usually takes the form of personal threats against a single individual being bullied and not against a third party that the person being bullied does not even know.

Besides, Trump has show repeatedly that he is incapable of being embarrassed and that he is beyond being shamed, just ask Stormy Daniels.

The Plaintiffs boldly proclaim they “do not bring this lawsuit to use the judicial system to further a political agenda” yet the lawsuit itself is seeking to stop the Washington Post and punish it for exercising First Amendment Rights of Freedom of the Press and reporting what was witnessed.

It is interesting that the complaint seeks to punish the Washington Post for “targeting and bullying” when many would say that is the exact and same type on conduct that Trump has engaged in all of his life and as President of the United States, especially against the press and minorities.

Alleging that the 16-year-old “has zero history of political activism or aggressiveness” is somewhat absurd because he was on the Washington Mall wearing a red MAGA cap with his school group attending the “March for Life Rally”, and anti-abortion rally.

It is likely the Post will defend by asserting much of the following:

1. The 16-year-old became a public figure participating in a “right to life” protest because of his religious beliefs, wearing a red MAGA hat at a public function, and there was no reasonable expectation of privacy from photos and videos.

2. The Plaintiff was under the supervision of an adult who should have intervened to prevent the incident, but instead encouraged it by having the students make school chants to drown out other protesters.

3. The 16-year-old went on national TV to do an interview all by himself to defend his action showing a great degree of maturity beyond his age.

4. All the actions on the mall the day of the incident and his appearance on national TV combined to make the 16-year-old a “public figure” in which case the plaintiff will have to prove actual malice by the Post which is very difficult at best.

5. The sixteen-year-old has suffered no damages or negligible damages and nothing near the $50 million in compensatory damages and he not entitled to punitive damages.

The complaint asserts that Nathan Phillips instigated the incident with his drum beating and that he is not a Vietnam Veteran, but that he is “a phony war hero” an allegation that will now have to be proven in court.

There are no videos quoted that have Phillips proclaiming to be a war hero and besides being a phony war hero does not mean you are prohibited from exercising your constitutional right of free speech.

The widely published photo and video of the expression on the 16-year old’s face as to what it conveyed and what he was actually thinking will be subjected to many interpretations by the public and attorneys, including it was a reasonable reaction to the situation or it was a “smirk” done to antagonize Nathan Phillips.

No doubt Mr. Phillips will have to be called as a witness in the case to get his version of what happened and what he felt.

The allegation that the Post has a “well-known and easily documented, biased agenda against President Donald J. Trump” is nothing but that, an allegation.

The civil complaint alleges and argues the Post news accounts were its own interpretation of the events, which is exactly what news agencies do in their reports.

There is no requirement that all news must be uniformly, accurately and reported upon without any biases by all news agencies, otherwise FOX News would be out of business.

What will happen now is the attorneys for the Washington Post, no doubt some of the finest in the country when it comes to the First Amendment Right of freedom of the press, will comb over all the allegations and do extensive investigation themselves and file an Answer to the Complaint.

It is highly likely that a Motion to Dismiss will be filed by the Post alleging that the civil complaint fails to allege a cause of action where relief can be granted against the Washington Post.

If a judge does not dismiss the case and allows the case to proceed, the Plaintiff’s will have to prove all the allegations made in the complaint, such as those noted above, in a court of law by “preponderance of the evidence” and show the damages sustained.

All the events occurred in Washington, DC, where the Post does business and where its reporters are, its offices are and for that reason a motion can be anticipated for a change of venue removing the case from the Eastern District of Kentucky to the Washington DC Federal Court

It is also possible that a motion will be filed to add necessary and proper parties to the lawsuit, such as Trump, Nathan Phillips, the Hebrew Israelites and the Catholic Diocese of Covington so that all the facts can be explored and damages accessed.

The Washington Post could file a counterclaim against the Plaintiff’s alleging “bad faith” on their part and for filing a frivolous complaint to interfere with the Washington Post’s First Amendment right of Freedom of the Press in order to have a chilling affect on their constitutional rights.

Another potential is that other news outlets who reported on the case may decide to intervene in the case.

All too often, Plaintiff’s file lawsuits with inflated expectations not fully comprehending that the results could result in a totally different outcome to their own determent.

As the saying goes, never get into a “pissing match” with those who buy ink by the barrel.

The elected Bernalillo County Commission and the Bernalillo County Government are required by state law to provide for the housing of the 2nd Judicial District Court, the Metro Court, the Bernalillo County Sheriff’s Office, the Bernalillo County Attorney’s Office and the Bernalillo County District Attorney’s Office.

The elected 5 members of the Bernalillo County Commission appoints the County Manager who in turn is responsible for managing, repairing and maintaining all county buildings and facilities using taxpayer funding.

A BRIEF HISTORY OF THE BERNALILLO COUNTY DISTRICT ATTORNEY’S OFFICE

During the last 40 plus years, there have been 3 physical locations for the Bernalillo County District Attorney’s Office: the 2nd Judicial District Courthouse, “Union Station” and the Steve Schiff District Attorney Building.

Over the last forty years, the Bernalillo County District Attorney office has grown from a small office of one elected District Attorney and 10 appointed Assistant District Attorneys to an office that employs 319 full time personnel consisting of 118 full time attorneys, and numerous paralegals, secretaries, investigators, and victim advocates.

For many years, and for many District Attorneys, the Bernalillo County District Attorney’s Office was located on the second floor of the old 2nd Judicial District Courthouse downtown at 5th Street and Marquette, NW

The old courthouse still stands today and it is often used for TV and film productions, including “Breaking Bad” and “Better Call Saul” for courtroom scenes.

Notable elected District Attorneys who officed on the second floor of the old courthouse include Democrats Alexander Soresse, James Brandenburg, Ira Robinson and Republicans Steve Schiff and Bob Schwartz.

As both the 2nd Judicial District Court and the District Attorney’s Office grew over the years, it was necessary for the county to move the District Attorney’s Office to its own separate building because of its sure size.

The historic Union Station building located off of Central and the rail road tracks in downtown Albuquerque housed the District Attorney’s office for about 10 years, with the county remodeling and repairing it over those years.

Only two elected District Attorneys worked at the Union Station building: Republican Bob Schwartz and Democrat Jeff Romero.

Jeff Romero was the first hispanic elected Bernalillo County District Attorney who was born and raised in Albuquerque.

NEW COURTHOUSE, NEW DISTRICT ATTORNEY BUILDINGS

It was Democrat District Attorney Jeff Romero who successfully lobbied the Bernalillo County Commission to fund and build the Bernalillo County District Attorney’s Office on Lomas adjacent to the seven story Bernalillo County Courthouse.

Democrat District Attorney Jeff Romero lobbied “one on one” all Bernalillo County Commissioners and the Bernalillo County Manager to get the office not only built, but to make it a modern functioning office that would last for decades as the office grew within a growing city.

The building of the courthouse and the District Attorney’s Office were both part of the same project costing $55.9 million dollars to construct both buildings.

The 80,000-square-foot Steve Schiff District Attorney Building houses both the Bernalillo County District Attorney as well as the Bernalillo County Attorney’s office.

The elected DA’s office is on the 3rd floor while the appointed Bernalillo County Attorney Offices are located on the 4th floor.

There is one Bernalillo County Attorney with 7 Assistant County Attorneys who office on the 4th floor of the District Attorney’s office.

The current Bernalillo County Attorney is former Democrat Speaker of the New Mexico House of Representatives Ken Martinez.

An emphasis was placed on aesthetics for both the new courthouse and the district attorney office to include public art, including sculptures and paintings.

Outside and in front of the entrance of the District Attorneys office is a commissioned sculpture of an adult “American eagle” in a nest with chicks to symbolize the nurturing of justice.

The outside bronze piece is a commissioned work of art by well-known New Mexico sculptor Sonny Rivera.

Former Republican US Representative Steven H. Schiff was a five-term Republican Congressman from New Mexico who helped research the ethics case against former Speaker of the House Newt Gingrich who was admonished for his actions by the House.

Steve Schiff passed on March 26, 1998 at the age of 51 from a lengthy battle with cancer leaving a wife and a young son Daniel.

The Bernalillo County District Attorney’s Office was named by the Bernalillo County Commission after former congressman Steve Schiff soon after he passed away.

The outside of the building bears the name “The Steve Schiff Building”.

Three elected District Attorneys have had their offices at the Steve Schiff District Attorney Building: Democrats Jeff Romero, Kari Brandenburg and Raul Torrez

In the dedication area for the District Attorney’s office building is a commissioned bronze bust of former Congressman Steve Schiff who also served as Bernalillo County District Attorney for a number of years before becoming a United States Congressman replacing Republican Congressman Manuel Lujan.

After the dedication of the Bernalillo County District Attorney’s Office and the revealing of the Steve Schiff bronze bust, the photos of all the past elected Bernalillo District Attorney’s where found and framed using taxpayer money with the photos exhibited for historical reasons.

The photos were exhibited in a small room area immediately south of the front desk entry, behind the metal detector screening area.

COMMENTARY AND ANALYSIS

Some of the best trial attorneys in New Mexico have either been elected District Attorney or started their careers at the District Attorney’s office to get trial experience.

Many prominent attorneys who are still practicing law today were given their first job right out of law school by a past Bernalillo County District Attorney.

More than a few attorneys started their careers in the District Attorney’s Office went on to become Metro Court Judges, District Court Judges, or Appellate Court Judges or becoming prominent private practice trial attorneys.

It is important to the legal community that the memories of past District Attorney’s not be forgotten but respected for the years of service they gave to our criminal justice system.

An act that was considered an act of pettiness was when current District Attorney Raul Torrez removed without any explanation all of the framed photographs of past elected District Attorneys that also had their dates of service.

Ostensibly, Mr. Torrez took the photographs down without the permission of the County Manager who manages the property.

According to sources within the DA’s office, dedication plaques to long time serving Deputy District Attorneys for the office who have passed, Deputies Joe Paone and Chris Lackman, have also been removed from conference rooms dedicated to their memory.

Elected officials often believe the offices they hold means they can do whatever they want to government facilities and its contents.

All too often elected officials do not realize how short their tenure can be if they are not careful with how they treat people or how they perform in office after elected.

Time and time again, elected officials quickly find it is easier to run for office than to hold office and fall into the trap of governing by constantly campaigning and attending events to keep a positive image with the press.

Another common tactic by insecure elected officials is to make sure that the legacy of their predecessor is dismantled, forgotten or scrubbed from public memory, such as what President Donald Trump has been trying to do for the past 2 years with the Barack Obama Legacy.

If things continue as they are for District Attorney Raul Torrez with bad stories regarding his management of the office, he needs to make sure he gives to his successor a nice photo shot of himself.

https://www.petedinelli.com/2019/02/22/two-very-bad-news-stories-and-acts-of-pettiness-by-da-raul-torrez/

His photo can then be exhibited with all the photos of his predecessors he has taken down, if those photos can be found, not destroyed or thrown away by Torrez.

In the meantime, the Bernalillo County Manager and the Bernalillo County Commission need make sure the history of the District Attorney’s Office be preserved and remind Mr. Torrez that he is a tenant, not an owner, of the building.

For the second time within a week, a very negative news report regarding the mishandling of a domestic violence case by the Bernalillo County District Attorney’s office has been reported.

Both news stories call into serious question the management of the office by District Attorney Raul Torrez.

There have also been a few very small acts of pettiness by Raul Torrez within the office.

CHANNEL 4 INVESTIGATES REPORT

According to a February 20, 2019 Channel 4 Investigates Report, an imposter “scammed the Bernalillo County District Attorney’s Office” falsely claiming she was a victim in a case.

The imposter demanded the charges dropped against the violent defendant and that he be released from jail.

Below is the link to the Channel 4 report:

https://www.kob.com/investigative-news/4-investigates-imposter-tricks-bernalillo-darsquos-office-inmate-released/5253378/?cat=504

According to the news report, the Defendant Freddie Trujillo pled guilty in a 2017 aggravated assault case.

Originally, Trujillo was placed on probation but in December 2018, Trujillo was jailed for violating his probation.

Trujillo violated his probation when he physically attacked his estranged relatives, David and Mary Ann Baca.

Trujillo was arrested after the attack on his relatives and jailed.

One month later Trujillo was released from jail after the District Attorney’s Office dropped the charges against him.

The DA’s office dropped the charges when a woman apparently claiming to be the victim Mary Anne Baca walked into the courthouse and demanded the charges be dropped.

The only problem is the woman was an imposter and the DA’s office fell for the scam.

David and Mary Ann Baca were shocked that Freddie Trujillo was released and questioned why nobody at the District Attorney Office bothered to check if the woman claiming to be the victim really was the victim.

David Baca expressed outrage when he confronted someone, presumably a prosecutor, at the DA’s office and told them:

“How dare you release someone – I [said] … don’t you have anything in [your office policies] … that says look we’re going to have to check your ID to make sure you’re the victim or you’re the assailant … And he said ‘we have nothing in [our policies] … .”

The Bernalillo County District Attorney’s Office confirmed to Ch 4 Investigates that there is no office policy that requires a person to show their identification to confirm they are the victim in a pending case or a case about to be dismissed.

DA Torrez declined to be interviewed by Channel 4 preferring to have the office Public Information Officer issue a statement that the incident was being investigated.

The Public Information Officer sent Channel 4 Investigates the following statement:

“Unfortunately, the criminal justice system currently lacks both the staff and the infrastructure to enforce a strict policy requiring every participant in the process to prove their identity. Moreover, the rigid application of that type of policy can create unnecessary barriers for many traumatized victims who must trust and communicate with our prosecutors on a regular basis. While this type of fraud is extraordinarily rare we have a responsibility to safeguard the integrity of the system and we will pursue any legal action necessary to deter this type of misconduct in the future.”

The Bernalillo County District Attorney’s Office confirmed that an investigation is underway to identify the imposter and will determine if the imposter will face charges.

What is problematic for Torrez is the fact that he has repeatedly blamed judges for the release of violent, repeat offenders, yet it was his office that released violent repeat offender Freddie Trujillo.

Channel 4 Investigates repeatedly requested to speak with District Attorney Raul Torrez on the issue.

When Torrez refused to do an interview, the reporter went out of the way to report how Torrez has an extensive history doing media interviews to report actions of his office, but declined Channel 4 Investigates an on-camera interview on the case.

CHANNEL 13 REPORT

According to a February 14, 2019 Channel 13 news story, an anonymous tipster within the District Attorney’s office sent News 13 pictures of stacks of domestic violence cases piled up on a table in the Bernalillo County District Attorney’s Office.

Below is the link to the story:

https://www.krqe.com/news/investigations/domestic-violence-victims-left-in-limbo-for-months-after-reporting-crimes/1776417417?fbclid=IwAR2h1vFytK-efAL-ldfY8TpC1iz-eVKDnDal0qB-Lv5jSM2pOrsUFjAltFY

The photos were of 3 stacks of roughly 500 domestic violence case reports.

Each one of the domestic violence reports were linked to a domestic violence victim left waiting from 2 to 5 months without hearing anything after calling police reporting misdemeanor domestic violence crimes including assault, theft and restraining order violations.

Torrez went on camera with Channel 13, but only after a week had passed giving him time to clear out the backlog.

District Attorney Raul Torrez explained the stacks of reports were made up of “criminal summons” cases where police did not arrest anyone for various reasons such as suspects had already left the scene of the crime.

Torrez acknowledged that victim advocates before would call people who reported domestic violence cases within 2 weeks compared with an average of 2 months to 5 months because there use to be more investigators and victim advocates working the cases for his office.

Torrez proclaimed on camera:

“Right now, there is no backlog … The question for us, though, is how do we sustain this over the long-run? We obviously have to move faster … It’s obviously disappointing to me to have that kind of delay … Every single case that comes into the office and every single victim of crime in the community deserves to get immediate attention.”

According to Torrez taking quick action on court cases is one of the best ways to deter someone from committing more crimes in the future.

District Attorney Raul Torrez’s explanation for the domestic violence case backlog was revealing when he said:

“We moved some of those resources into the felony side of the office so that we could increase the case speed on those most violent and dangerous offenders”.

Torrez said focusing resources to move fast on the few repeat offenders responsible for the majority of crime is working to drop the overall number of criminal cases in Bernalillo County.

DA Raul Torrez went on to tell News 13 that he has requested another budget increase this year from the 2019 Legislature put in another budget increase for more investigators and victim advocates.

Torrez failed to disclose to Channel 4 that he has 44 fully funded vacancies within his office that he has failed to fill over the past year despite his repeated complaints of lack of staff.

The 44 vacant positions include 11 vacant “at will” attorney positions, 15 classified legal secretary positions and 2 victim/witness positions (victim advocates).

For more on the vacancies and a link to the State’s Sunshine portal listing names, salaries and vacancies see:

https://www.petedinelli.com/2019/02/18/to-deja-vu-da-raul-torrez-dv-cases-should-be-violent-or-dangerous-enough-to-motivate-and-fill-44-vacant-positions/

ONE VERY PETTY BUT REVEALING ACT

Confidential sources within the District Attorney’s Office claim that District Attorney Raul Torrez is aloof with office personnel.

They have also said Torrez is obsessed with his news coverage and how he appears on camera during interviews and press conferences.

Confidential sources within the office complain he wants to make sure every Attorney within the office knows he is the current District Attorney and he is the one in charge, which is normal for any executive, but constantly reminding subordinates is not.

The Bernalillo County District Attorney’s Office was named after Steve Schiff by the Bernalillo County Commission after he passed away after a lengthy battle with cancer.

The outside of the building bears the name “The Steve Schiff Building”.

Over 18 years ago after the dedication of the Bernalillo County District Attorney’s Office, the photos of all the past elected Bernalillo District Attorney’s where found and framed using taxpayer money and the photos were exhibited for historical reasons.

The photos were exhibited in a small room area immediately south of the front desk entry, behind the metal detector screening area.

In the dedication area for the building is a bronze bust of former United States Congressman Steve Schiff who also served as Bernalillo County District Attorney.

An act that was considered by office personnel as sure pettiness and a sign of jealousy was when District Attorney Raul Torrez ordered the removal without any explanation of all the photographs of all past elected District Attorneys that also had their dates of service.

According to sources, dedication plaques to long time serving attorneys for the office who have passed, Deputies Joe Paone and Chris Lackman, have also been removed from conference rooms dedicated to their memory.

COMMENTARY AND ANALYSIS

The publication of both news stories by two separate news stations within a week is an indication that the news media is not as enamored with Torrez as they once were.

At least two news stations are now willing to report on his office management problems without giving him the benefit of the doubt.

In other words, after over two years in office, the honeymoon is over with the news media.

In both news stories, District Attorney Raul Torrez blamed to some extent the lack of resources or lack of personnel for the problems associated with the cases and his office.

This coming from the very District Attorney who last year was given a huge increase in his office budget.

According to the New Mexico State Sunshine Portal, the Bernalillo County District Attorney’s office is fully funded for 319 full time positions with a personnel budget of $14,529,202.

Even though the Bernalillo County District Attorney’s Office has 319 fully funded positions, only 275 are filled with 44 vacant positions listed as not being filled by Raul Torrez.

The budget increase included funding for more staff yet after a full year Torrez still has a major problem filling positions that are vacant.

Torrez is the very same DA who likes to take credit for reduction in crime statistics at functions he speaks at such as the Albuquerque Economic Forum.

Torrez has a bad habit of never taking management responsibility for what happens when cases in his office fall apart, or are dismissed, especially in high profile cases such as the prosecution in the murder case of 10-year-old Victoria Martens.

Within six months after being elected, Torrez had his office prepare a report on the statistics regarding the number of felony cases that were being dismissed by the District Court.

Torrez accused the District Court for being responsible for the rise in Albuquerque crime rates and releasing violent offenders pending trial.

District Attorney Raul Torrez also accused defense attorneys of “gaming the system” in order to get cases dismissed against their clients.

A subsequent report prepared by the District Court revealed that it was actually the District Attorney’s office that was in fact voluntarily dismissing far more felony cases for various reasons, including his office not being prepared for trial, the office’s failure to meet discovery deadlines, and prosecutors failure to turn evidence over to defense counsel as mandated by law and discovery court orders.

You can read a report here:

https://www.petedinelli.com/2017/07/24/courts-knock-district-attorney-off-his-white-horse/

Raul Torrez now probably knows members of his own staff are on to him, do not like his management of the office and they are willing to leak information to the press to force him to be held accountable for his bad management decisions.

All too often elected officials believe the offices they hold means they can do whatever they want, not realizing how short their tenure can be if they are not careful with how they treat people and how they perform in office after elected.

All too often, elected officials quickly find it is easier to run for office than to hold office and make difficult decisions and fall into the trap of governing by campaigning to keep a good image.

If things continue as they are for District Attorney Raul Torrez with more bad stories reflecting poor management of cases on his part, he needs to make sure he gives to his successor a nice photo shot of himself.

His photo can then be exhibited with all the photos of his predecessors he has ordered taken down, if those photos can be found, not destroyed or thrown away by Torrez.

On February 19, 2019, media news outlets reported that the editor and publisher of the weekly newspaper “Democrat-Reporter” in Linden, Alabama called for the Ku Klux Klan “to night ride again” against Democrats who “are plotting to raise taxes” in the state.

Below are the links to 4 separate national media reports:

https://www.cnn.com/2019/02/19/media/alabama-newspaper-klan-trnd/index.html

https://www.washingtonpost.com/nation/2019/02/19/time-ku-klux-klan-night-ride-again-an-alabama-newspaper-editor-wants-bring-back-lynching/?utm_term=.d7144742d505

https://www.nytimes.com/2019/02/19/us/kkk-linden-democrat-reporter.html

https://www.washingtontimes.com/news/2019/feb/19/goodloe-sutton-ala-newspaper-editor-calls-kkk-retu/

The short editorial also proclaims that Democrats are responsible for World War I, World War II, the Korean War, the Vietnam War and war in the Middle East.

Linden is a small town in the county seat of Marengo County, Alabama, with a population of 2,123 according to the 2010 census.

Goodloe Sutton is the editor and publisher of the newspaper and he confirmed to media outlets that he wrote the editorial.

THE EDITORIAL IN FULL

The editorial appeared in print on Valentine’s Day February 14, 2019 and was titled “Klan Needs To Ride Again”.

Following is the full editorial written by and published by Goodloe Sutton:

“ Time for the Ku Klux Klan to night ride again.

Democrats in the Republican Party and Democrats are plotting to raise taxes in Alabama.

They do not understand how to eliminate expenses when money is needed in other areas. This socialist-communist ideology sounds good to the ignorant, the uneducated, and the simple-minded people.

People who do not understand the constitution do not like to be responsible.

Slaves, just freed after the civil war, were not stupid. At times, they borrowed their former master’s robes and horses, and rode through the night to frighten some evil doer. Sometimes they had to kill one or two of them, but so what.

This is the same so what used when Democrats got us into World War I and World War II. Then they got us fighting in North Korea. Next when the industrial northeast wanted more money, they got us in the Vietnam War, and now into the Middle East war.

If you haven’t noticed, they did away with the draft so their sons would not have to go into battle.

Seems like the Klan would be welcome to raid the gated communities up there. They call them compounds now.

Truly they are the ruling class.”

“Democrat-Reporter”, Goodloe Sutton, February 14, 2019.

NO APOLOGIES, MORE HATE, AND CONDEMNATION

Sutton confirmed that he wrote the editorial and went on to make even more inflammatory comments advocating violence in an interview with the Montgomery Advertiser when he said:

“If we could get the Klan to go up there and clean out D.C., we’d all been better off … We’ll get the hemp ropes out, loop them over a tall limb and hang all of them.”

When asked if he felt it was appropriate for the publisher of a newspaper to call for the lynching of Americans, Sutton argued that “socialist-communists aren’t Americans.”

Not surprising, journalist and elected officials expressed outrage and condemned the editorial.

United States Senator Doug Jones, D-Ala., called on Sutton to resign when he tweeted:

“OMG! What rock did this guy crawl out from under? This editorial is absolutely disgusting & he should resign -NOW … I have seen what happens when we stand by while people-especially those with influence – publish racist, hateful views. Words matter. Actions matter. Resign now!”

Chip Brownlee, a journalist for the Alabama Political Reporter told NBC News he is familiar with the Democrat-Reporter.

Brownlee decided to post a picture of the editorial because he “thought other people needed to see it, too” and went on to say:

“As an editor, seeing that type of dangerous language in a newspaper is disturbing. … I think sunlight is the best disinfectant.

LIKE EDITORIAL, TRUMP ENCOURAGES VIOLENCE

Goodloe Sutton proclaims “time for the Ku Klux Klan to night ride again. … We’ll get the hemp ropes out, loop them over a tall limb and hang all of them” when referring to people he does not agree with politically.

President Trump, like editor Goodloe Sutton, advocates violence against those he disagrees with and has when he ran and now that he is President.

On January 23, 2016, Donald Trump said at a rally in Sioux Center that his supporters are so loyal that he would not lose backers even if he were to shoot someone in the middle of downtown Manhattan.

“I could stand in the middle of Fifth Avenue and shoot somebody, okay, and I wouldn’t lose any voters, okay? It’s, like, incredible.”

https://www.nbcnews.com/politics/2016-election/trump-says-he-could-shoot-somebody-still-maintain-support-n502911

On February 21, 2016, Trump told a crowd of his supporters in Cedar Rapids that he would pay their legal fees if they engaged in violence against protesters and said:

“If you see somebody getting ready to throw a tomato, knock the crap out of them, would you? Seriously, OK? Just knock the hell out of them … I promise you I will pay for the legal fees. I promise, I promise.”

http://time.com/4203094/donald-trump-hecklers/

At a Las Vegas campaign rally in March, 2016 Trump said security guards were too gentle with a protester and said “He’s walking out with big high-fives, smiling, laughing. … I’d like to punch him in the face, I’ll tell you.”

In yet another campaign rally in March, 2016 in Warren, Michigan, Trump said of a protester “Get him out. …Try not to hurt him. If you do, I’ll defend you in court. Don’t worry about it.”

In July 2017 during a speech to police officials, Trump encourage law enforcement officials to be more violent in handling arrested offenders when he said:

“When you see these thugs being thrown into the back of a paddy wagon, you just seen them thrown in, rough. I said, ‘Please don’t be too nice … When you guys put somebody in the car and you’re protecting their head you know, the way you put their hand over [their head],” Trump continued, mimicking the motion. Like, don’t hit their head and they’ve just killed somebody, don’t hit their head. … You can take the hand away, OK?’”

On Thursday, October 25, 2018, the very a day after CNN and a number prominent Democrats who have criticized him, including former President Obama, Vice Joe Biden and Hillary Clinton and 10 others, were the targets of a serial pipe bomber, Trump in a TWEET blamed the media for much of the “anger” in society by saying:

“A very big part of the anger we see today in our society is caused by the purposely false and inaccurate reporting of the Mainstream Media that I refer to as Fake News. It has gotten so bad and hateful that it is beyond description. Mainstream Media must clean up its act, FAST!”

LIKE NEWSPAPER EDITOR, TRUMP IS RACIST

Goodloe Sutton calling upon the Klu Klux Klan to act and proclaiming “Slaves … At times, they borrowed their former master’s robes and horses, and rode through the night to frighten some evil doer. Sometimes they had to kill one or two of them, but so what,” is as racist as it gets.

Trump has an extensive history of making racists remarks and taking racist actions that are even worse than the editorial.

President Trump’s racism dates back to 1973 when his housing management company was the target of a Department of Justice (DOJ) Civil Rights Division civil lawsuit over allegations that he and father as real estate developers were keeping black and Puerto Rican people out of their apartments.

For at least eight (8) years, Donald Trump was front and center of the “birther movement” and questioned former President Barack Obama’s American citizenship thereby questioning Obama’s legitimacy as President of the United States.

In 2015 when Donald Trump announced his bid for the presidency, he said “When Mexico sends its people, they’re not sending the best. They’re not sending you, they’re sending people that have lots of problems and they’re bringing those problems with us. They’re bringing drugs. They’re bring crime. They’re rapists… And some, I assume, are good people.”

On January 27, 2017, just seven days after being sworn in as President, Donald Trump signed an executive order halting all refugee admissions and temporarily barring people from seven Muslim-majority countries arguing it was needed to combat terrorism. The move sparked numerous protests and legal challenges.

President Trump during a ceremony in the White House to honor the World War II Navajo Code talkers, one from New Mexico, he took the opportunity to call Massachusetts Senator Elizabeth Warren “Pocahontas”.

In August 2017, after a 20-year-old white man drove his car into a crowd at a white nationalist rally in Charlottesville, Virginia, killing one anti-racist protester and injuring 19 others, President Trump said that there was “blame on both sides” regarding the deadly violence that was instigated by white supremacists.

The New York Times reported in December, 2017 that President Trump said in a June meeting about immigration that Haitians “all have AIDS”, a statement denied by the White House.

On December 24, 2017, The New York Times reported that President Donald Trump described Nigerians as people living in huts and that they would not want to return to them. He reportedly said 40,000 had come from Nigeria and would never “go back to their huts” once they had seen America.

In June, 2018, Trump announce his immigration “no tolerance policy” and his treatment of detaining people seeking asylum and separating children from their parents on the southern border with Mexico.

After the longest government shutdown, Trump declared a “national emergency” to divert millions of dollars to build his border wall after congress refused to fund it, despite declaring that “Mexico will pay for it”.

For more on Trump’s racism see:

https://www.petedinelli.com/2018/06/22/our-racist-in-chief/

COMMENTARY AND ANALYSIS

If there is anyone who is “ignorant, uneducated, and simple-minded” to use the words of editor Goodloe Sutton it is President Donald Trump and Sutton himself.

You can throw in the word racist while your at it.

What is absolutely amazing is that so many national and respected news media outlets such as CNN, the Washington Post, the Wall Street Journal, NBC news, all despised and condemned by Trump, would actually report on a very short, inflammatory and racist editorial in a totally unknown and insignificant weekly newspaper distributed to a community of a little more than 2,000 residents and probably read by even fewer.

The fact that a newspaper editor and publisher would write such an editorial and that media outlets would react to it the way they did reflects the nasty and heighten tensions and the toxic political environment created by President Donald Trump on a national level.

There is no doubt that President Trump promotes hostility, mistrust and violence towards the press as well as his critics with his own words and actions.

Trump has repeatedly labelled the media as “fake news,” even labeling reporters as “enemy of the people”.

A few months ago, Trump told his supporters at one of his many rallies:

“I just cannot state strongly enough how totally dishonest much of the Media is. Truth doesn’t matter to them, they only have their hatred & agenda. This includes fake books, which come out about me all the time, always anonymous sources, and are pure fiction. Enemy of the People!”

The “Democrat-Reporter” editorial and the reaction are a sign of the toxic political times created by a President at war with the media who condemns the media as “enemy of the people” and a President who is a racist.

Freedom of the press and freedom speech does not mean a newspaper nor a President can advocate violence against anyone.

UPDATE: It has been reported that Goodloe Sutton has resigned but is unapologetic for his editorial.

https://www.huffpost.com/entry/goodloe-sutton-alabama-editor-kkk-resigns_n_5c7085cae4b03cfdaa554c22?ncid=engmodushpmg00000003&fbclid=IwAR0aPQ3ISRsCEOhUPxxZg1ns4hyT2ixdQvuarhF_FS_6HDAvuGP5zLs12ek

Democratic Speaker of the House Brian Egolf, D-Santa Fe, told reporters that Democratic Leaders in the state House want to enact laws to make the growing of hemp New Mexico’s next big agricultural cash crop that will boost the state’s economy.

Following are links to two separate stories:

https://www.abqjournal.com/1282262/democrats-promote-hemp-as-part-of-economic-plan.html

https://www.kob.com/politics-news/nm-democrats-propose-bills-to-diversify-states-economy/5250582/?cat=500

The growing of hemp is legal throughout the United States.

According to Speaker Egolf, New Mexico could easily position itself as a national leader in the hemp agricultural industry.

Egolf highlighted House Bill 581, which will establish regulations allowing the manufacture of hemp products in New Mexico.

New Mexico State Representative Derrick Lente, D-Sandia Pueblo, a supporter of the legislation, said hemp as an agricultural cash crop has the potential to immediately rival alfalfa as a cash crop in New Mexico.

According to Lente, New Mexico has the right climate for hemp cultivation and noted “Agriculture is the lifeblood of New Mexico.”

Hemp is a relative of marijuana, but it has none of the chemicals in marijuana that causes people to become high like marijuana.

Hemp grown in New Mexico could easily be sent to in-state manufacturers, who could turn it products such as clothing and CBD oil products.

IMPORTANCE OF AGRICULTURE TO NEW MEXICO

When New Mexico State Representative Derrick Lente, D-Sandia Pueblo, said “Agriculture is the lifeblood of New Mexico” he was not at all kidding.

New Mexico is home to 23,800 farms and 43.9 million acres of farmland.

The states top commodities include beef cattle and calves, pecans, hay, sheep, onions, chiles, greenhouses and nursery products, cotton, and corn.

Agriculture is deeply rooted in New Mexico and in the top 10 of its industries.

Following is a listing of New Mexico’s top 10 agricultural products and what they generate in cash receipts for New Mexico:

1. “According to the New Mexico State University Dairy Extension, just over 77 percent of the milk in New Mexico is produced on the eastern side of the state in Curry, Roosevelt, Chaves, Eddy and Lea counties. Milk and dairy products generated $1.3 billion in cash receipts.”

2. “About 10,000 families across the state raise beef cattle, and New Mexico lays claim to approximately 387,000 beef cows. Cattle and Calves generated $823.8 million in cash receipts.”

3. “New Mexico is second only to Georgia when it comes to pecan production in the U.S., and in 2017, the state’s farmers produced a record-breaking 92 million pounds of pecans. Pecans generated $220.8 million in cash receipts.”

4. “New Mexico is a major alfalfa hay producer, with 190,000 acres of the crop harvested in 2017. A legume hay, alfalfa is an excellent source of good-quality protein, fiber, vitamins and minerals. Hay generated $109 million in cash receipts.”

5. “New Mexico farmers harvested an estimated 7,100 acres of onions in 2017, and the state is one of the largest summer-onion producers in the nation. Onions generated $106.6 million in cash receipts.”

6. “Considered New Mexico’s signature crop, chile peppers have been cultivated in the state’s Rio Grande Valley for four centuries. New Mexico’s warm, dry climate and 350 days of sunshine each year make it an ideal place to grow chile peppers. Chile peppers generated $44.6 million in cash recipes.”

7. “New Mexico is one of 17 states that produce cotton, and production (in bales) ranks the state 16th. The Land of Enchantment’s upland cotton production is largest in Lea, Doña Ana and Eddy counties. Upland cotton generated $31.9 million cash receipts.”

8. “New Mexico farmers planted about 125,000 acres of corn and harvested 43,000 acres of corn for grain in 2017, resulting in a production value of more than $22 million. Corn generated $22.4 million in cash receipts.”

9. “In 2017, farmers across New Mexico harvested 135,000 acres of wheat. Wheat generated $15.7 million in cash receipts.”

10. “Sorghum is an energy-efficient, drought-tolerant crop, perfect for New Mexico’s climate. New Mexico producers planted 85,000 acres in 2017, yielding 187,000 tons. Sorghum brought in $7.65 million in cash receipts.”

Following is the link to source quoted:

https://www.farmflavor.com/new-mexico/new-mexicos-top-agriculture-commodities/

COMMENTARY AND ANALYSIS

A common public misconception is that hemp is somehow a part of marijuana cultivation, which is totally and 100% false.

The fact that legalization of recreational use of marijuana for adults is also being considered by the New Mexico legislature may contribute to the false public perception about hemp.

During past legislative sessions, former State Senator Cisco McSorely was a major sponsor of legislation that would have allowed the growing of hemp in New Mexico.

Two years ago, the legislation past both the Senate and House, but not at all surprising it was vetoed by former Republican Governor “She-Who-Must-Not-Be-Named”.

This year should be the year that the hemp legislation becomes law creating a new cash crop for the New Mexico agricultural industry.

The legislation should pass both the House and Senate because Democrats have sizable majorities in both legislative chambers and it is more likely than not that Democratic Governor Michelle Lujan Grisham will sign it.

New Mexico’s top agricultural crops include pecans, hay, sheep, onions, chiles, greenhouses and nursery products, cotton, and corn and there is no real justifiable reason why hemp should not be allowed and included given its potential in the long run.

STAY TUNED NEW MEXICO

According a Channel 13 news story, an anonymous tipster sent News 13 pictures of stacks of domestic violence cases piled up on a table in the Bernalillo County District Attorney’s Office.

https://www.krqe.com/news/investigations/domestic-violence-victims-left-in-limbo-for-months-after-reporting-crimes/1776417417?fbclid=IwAR2h1vFytK-efAL-ldfY8TpC1iz-eVKDnDal0qB-Lv5jSM2pOrsUFjAltFY

The photos were of 3 stacks of roughly 500 domestic violence case reports.

Each one of the domestic violence reports were linked to a domestic violence victim left waiting from 2 to 5 months without hearing anything after calling police reporting misdemeanor domestic violence crimes including assault, theft and restraining order violations.

Executive Director of the Domestic Violence Resource Center Amy Whitfield had this to say regarding the unacceptable delay in handling of the domestic violence cases by the District Attorney’s office:

“The time delay makes people feel like people aren’t there for them. … For the victim, whether it’s a misdemeanor or a felony … they’re afraid. It’s they’re unsafe and that they don’t know what might happen to them. … A lot of times what victims feel is that nobody is on their side, no one is there for them. … They [are] isolated from their support system, their family, their friends … So, really being able to reach out means leaving behind the perpetrator, who is essentially their only support. … The amount of effort that it takes for a domestic violence victim to come forward, if they’re not contacted immediately, it means that they may end up staying within that [abusive] relationship or they may end up changing their mind about prosecution.”

According to Whitfield, the Domestic Violence Resource Center helps roughly 3,000 people a year with getting restraining orders and counseling for victims and their children.

Channel 13 went to Bernalillo County District Attorney Raul Torrez for an “on camera” reaction, explanation and response.

District Attorney Raul Torrez explained the stacks of reports were made up of “criminal summons” cases where police did not arrest anyone for various reasons such as suspects had already left the scene of the crime.

District Attorney Raul Torrez acknowledged that victim advocates before would call people who reported domestic violence cases within 2 weeks compared with an average of 2 months to 5 months because there use to be more investigators and victim advocates working the cases for his office.

District Attorney Raul Torrez reported that since News 13 called his office the week before about the backup of criminal summons domestic violence cases, his office caught up on calling the victims.

Torrez proclaimed on camera:

“Right now, there is no backlog … The question for us, though, is how do we sustain this over the long-run? We obviously have to move faster … It’s obviously disappointing to me to have that kind of delay … Every single case that comes into the office and every single victim of crime in the community deserves to get immediate attention.”

Easier said than done.

District Attorney Raul Torrez’s explanation for the domestic violence case backlog was revealing when he said:

“We moved some of those resources into the felony side of the office so that we could increase the case speed on those most violent and dangerous offenders”.

According to Torrez taking quick action on court cases is one of the best ways to deter someone from committing more crimes in the future.

Torrez said focusing resources to move fast on the few repeat offenders responsible for the majority of crime is working to drop the overall number of criminal cases in Bernalillo County.

Torrez expressed hope that eventually falling crime rates will mean more manageable caseloads for his staff so that all victims get the attention they deserve.

DA Raul Torrez went on to tell News 13 that he put in another budget request this year to the 2019 New Mexico Legislature for more investigators and victim advocates.

It is doubtful Torrez will get far with his request for more funding because of what he did last year during the legislative session and his failure to fill vacant postions.

DÉJÀ VU TORREZ

The Bernalillo County District Attorney’s Office is the largest law firm in New Mexico that employs attorneys, paralegals, investigators, victim advocates and legal support staff.

The office screens approximately 25,000 cases a year that are referred to the office by law enforcement department such as the Albuquerque Police Department, Bernalillo County Sheriff’s Department, New Mexico State Police and other police agencies and makes a decision on which cases will be prosecuted.

https://www.berncoda.com/

Ultimately, approximately 4,000 felony cases are indicted and presented each year in State District Court with approximately 35,000 misdemeanor charges prosecuted in Metropolitan Court each year by the Bernalillo County District Attorney.

The Bernalillo County District Attorney’s Office employs 319 full time personnel which includes at any given time approximately 118 full time prosecutors assigned to prosecute felonies and with attorneys also assigned to the Bernalillo County Metropolitan Court that handles misdemeanor domestic violence cases and aggravated DWI cases.

Last year during the 2018 New Mexico Legislative session, DA Raul Torrez asked the New Mexico State Legislature for a 30% increase in the budget of $18.2 million, or a $5.4 million increase.

Torrez told legislators he wanted the increase in his budget in order to hire an additional 34 attorneys.

Torrez said last year that the lack of resources was the main reason his office could not come close to prosecuting all the pending cases in his office.

According to Torrez at the time, there were “simply too many criminals and not enough staff”.

Torrez said “If we don’t get sufficient resources in this legislative session, I would think several thousand felony cases simply will become too old, too stale for us to act on. It’s not justice”.

The problem apparently never pointed out by the Legislative Council Services last year to the Senate and House appropriations committees is that DA Torrez had 45 vacant positions which included 18 vacant attorney positions that he was not able to fill during his first year in office.

Notwithstanding the vacancies, the 2018 Legislative session approved budget for the Bernalillo County District Attorney’s Office went from $18.2 million to $21.5 million-dollars thanks to the lobbying efforts of DA Raul Torrez and the support of the Bernalillo County delegation members.

Torrez was given a final total of $21.5 million-dollar budget to run his office while other DA offices in the state got a fraction of that funding level.

After District Attorney Raul Torrez secured the large increase in the DA budget, Senator John Arthur Smith, the powerful chairman of the Senate Appropriations Committee, sent Torrez a very strong message by actually saying on camera that Torrez was given “enough rope to hang himself” with the increase in budget.

http://www.koat.com/article/senate-finance-calls-for-2-million-more-for-bern-co-da/17009425

Fast forward to the 2019 New Mexico legislative session.

During the last year, things have not gotten better for the Bernalillo County District Attorney’s office from the standpoint of personnel and vacant positions.

During the legislative session last year, Torrez had 45 vacant positions.

The New Mexico Sunshine Portal has been updated to include 2019 data to date.

The sunshine portal reflects that one year later, District Attorney Raul Torrez still has 44 vacant positions.

Below is the sunshine portal link to funded Positions and you click on “Judicial” then click on the 2nd Judicial District Attorney’s office for the listing names, salaries and vacancies:

https://ssp2.sunshineportalnm.com/#employees

According to the Sunshine Portal, the Bernalillo County District Attorney’s office is fully funded for 319 full time positions with a personnel budget of $14,529,202.

However, of the 319 fully funded positions, only 275 are filled with 44 vacant positions listed.

The 44 vacant positions include 11 vacant “at will” attorney positions, 15 classified legal secretary positions and 2 victim/witness positions (victim advocates).

NEW MEXICO RANKS 10TH HIGHEST IN COUNTRY FOR DOMESTIC VIOLENCE

On September 16, 2017, according to an annual study published by the Violence Policy Center, it was reported women are more likely to be killed by men in New Mexico than nearly any other state

http://www.santafenewmexican.com/news/local_news/new-mexico-s-rate-of-women-killed-by-men-among/article_eb7e4a2c-273d-5eb6-8007-e5936639b64f.html

The study found the state has the 10th-highest rate of women killed by men, marking the third straight year New Mexico had appeared toward the top of the list, while New Mexico’s overall homicide rate ranked lower.

A New Mexico Legislative Finance Committee study described New Mexico’s response to domestic violence as fragmented and uncoordinated.

The Legislative Finance Committee report also highlighted the judiciary’s inability to provide effective oversight of domestic violence offenders.

Battery on a household member is a misdemeanor but the magistrate courts and the metro court which handle misdemeanor cases have limited ability to monitor offenders serving probation for domestic violence.

The report found that New Mexico spends little on treatment programs for domestic violence offenders and has little evidence of the effectiveness of those programs.

The study counted 16 women killed by men in New Mexico during 2015, the most recent year for which data was are available at the time.

The rate of 1.52 victims per 100,000 women is higher than the national rate of 1.12.

Nearly all the woman were killed by someone they knew.

Most of the killings were not connected to any other felony.

Half followed arguments between the victim and her killer.

New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

The Violence Policy Center promotes gun control and found that each state at the top of the list of women killed by men have a high rate of firearm ownership which no doubt includes New Mexico’s gun culture.

Children exposed to domestic violence often come from broken homes and live in poverty.

Study after study reveal that domestic violence involving children usually results in the child growing up with mental health problems and become an abuser of their own children and spouse.

For more see:

https://www.womenshealth.gov/relationships-and-safety/domestic-violence/effects-domestic-violence-children

https://www.unicef.org/media/files/BehindClosedDoors.pdf

COMMENTARY AND ANALYSIS

District Attorney Raul Torrez’s explanation for the domestic violence case backlog was revealing and a reflection of someone who does not understand the issue when he said:

“We moved some of those resources into the felony side of the office so that we could increase the case speed on those most violent and dangerous offenders”

According to Torrez taking quick action on court cases is one of the best ways to deter someone from committing more crimes in the future.

Domestic violence cases have far more than its share of “violent and dangerous offenders”.

Frankly, taking quick action and aggressively prosecuting domestic violence cases will likely save a woman’s life.

In law enforcement circles, when Director Amy Whitfield of the Domestic Violence Resource Center said “The amount of effort that it takes for a domestic violence victim to come forward, if they’re not contacted immediately, it means that they may end up staying within that relationship or they may end up changing their mind about prosecution” is what is referred to as the “cycle of violence”.

A full explanation of the “cycle of violence” is given in the below postscript to this article as well as information on the Domestic Violence Resource Center headed up by Amy Whitfield

When Whitfield says “it means that they may end up staying within that relationship” it means all too often a woman ends up in a body bag.

Years ago, I served as Chief Deputy District Attorney for Bernalillo County and had supervisory authority over all the felony divisions, including the Violent Crimes Division and the Domestic Violence Division.

My last felony trial at the District Attorney office was as co-counsel in a jury domestic violence case for attempted murder where a woman was cut up with a box cutter resulting close to 200 stitches.

One thing I learned as Chief Deputy District Attorney is that Albuquerque’s dirty little secret is that domestic violence is the number-one reason why a woman is admitted to the emergency room of the University of New Mexico Hospital.

Statics in Albuquerque show that after about the 10th or 11th time there is a call out of the Albuquerque Police Department to a home for domestic violence, it is usually to pick a woman up in a body bag.

When I was Chief Deputy District Attorney, then District Attorney Jeff Romero had a specialized Domestic Violence Unit that had the single largest caseload of all felony units and the office gave major priority to Domestic Violence felony and misdemeanor cases.

The Domestic Violence Felony Unit was fully staffed with attorneys and victim advocate assisting them.

The Domestic Violence Unit had some of the most seasoned and most skilled trial attorneys in the office at the time.

The Domestic Violence Felony Unit had the highest caseloads of between 150 and 200 active, pending cases and had one of the highest conviction rates in the office.

As Chief Deputy District Attorney, I was also charged with creating the Domestic Violence “Target Abuser Call” (TAC) Team in Metro Court.

The TAC unit was modeled after the Chicago DA’s office assigning attorneys, investigators and victim advocates who specialized in prosecuting domestic violence cases.

The TAC Team would review pending cases and target repeat offenders and prosecute.

When I left, the Metro Court TAC Team had a 96% conviction rate.

When Raul Torrez became District Attorney a mere two years ago he immediately abolished the specialized units and spread cases throughout the office of attorneys.

Apparently to District Attorney Raul Torrez, domestic violence cases are not considered some of the “most violent and dangerous offenders”, otherwise he would not have admitted he diverted resources elsewhere.

Torrez’s attitude that he is “disappointed” with the handling of the domestic violence cases is what is so damn laughable seeing as he admitted to diverting resources elsewhere and away from making contact with victims of domestic violence.

Since Torrez has been elected, all he has done is complain about lack of resources and blames judges for letting people out pending trials.

Not at all surprising, Torrez again now argues his office does not have enough victim advocates who use to contact domestic violence victims within 2 weeks.

This coming from the very DA who last year was given a huge increase in his budget which included funding for more staff such as victim advocates, yet after a full year he still has a major problem filling positions that are vacant.

Torrez is the very same DA who was taking credit for reduction in crime stats just a few weeks ago.

I suspect what was really disappointing to Torrez is that he now knows members of his own staff are on to him and he is probably trying to find out who on his staff leaked the information to Channel 13.

Torrez should try doing his job first before giving his media interviews telling everyone how disappointed he is in the people who work for him.

No other District Attorney in the State should be envious of Bernalillo County DA Raul Torrez when he goes before the Senate Appropriations Committee and has to explain to Senator John Arthur Smith and others exactly what he has been doing over the last year and why he has been unable to fill all of his 44 vacancies.

It will be interesting if District Attorney Raul Torrez blames the judicial system for not being able to fill the positions within his own office because caseloads are too high, pay is too low, and no one wants to work for the District Attorney’s Office because of the way he manages it.

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

POSTSCRIPT:

CYCLE OF VIOLENCE

The term “cycle of violence” refers in domestic violence cases to repeated and dangerous acts of violence as a cyclical pattern.

The term is associated with high emotions and violent actions of retribution or revenge.

The pattern, or cycle, repeats over and over again in time, it can last years, happening many times during a relationship.

According to the Women’s Center-Youth & Family Services of Stockton, California, the “cycle of violence” theory was developed by Dr. Lenore Walker.

The Women’s Center-Youth & Family Services explains the cycle of violence has three distinct phases which are generally present in violent relationships:

1. Tension Building Phase
2. Violent Episode Phase
3. Remorseful/Honeymoon Phase

Outlined below by the Women’s Center-Youth & Family Services are typical feelings and behaviors exhibited by family members in the various phases of the cycle of violence.

PHASE ONE: TENSION BUILDING

WOMAN FEELS: Angry, unfairly treated, hopeless, tense, afraid, embarrassed, humiliated, disgusted, depressed.
BEHAVIOR: Nurturing, submissive, “walking on eggshells,” afraid to express feelings, may use alcohol and/or drugs to avoid situation.

PARTNER FEELS: Tense, frustrated, disgusted, self-righteous, or jealous.
BEHAVIOR: Verbally abusive, fits of anger, silent, controlling, arrogant, possessive, demanding, irritable, may use alcohol or drugs.

PHASE TWO: VIOLENT EPISODE

WOMAN FEELS: Frightened, trapped, helpless or numb.
BEHAVIOR: May try to protect self, hit back, submit helplessly, get away or seek help.

PARTNER FEELS: Angry, enraged, “right,” jealous and/or frustrated.
BEHAVIOR: Dangerously violent, has a deliberate desire to hurt or kill, out of control, irrational, “Dr. Jekyll/Mr. Hyde”.

PHASE THREE: REMORSEFUL OR HONEYMOON

WOMAN FEELS: Relieved, angry over the incident, resentful, guilty, hopeful, in denial over the seriousness of the incident.
BEHAVIOR: Offers excuses for the batterer, may be withdrawn, tries to solve or prevent future incidents, hopes/believes changes will last.

PARTNER FEELS: Apologetic, remorseful, forgetful about degree of violence, self-righteous, unable to understand why the woman is still angry.
BEHAVIOR: Makes promises to change, blames her or others for the problem, may use alcohol or drugs as an excuse.”

For more information on the Stockton, California Women’s Center-Youth & Family Services click on the below links:

https://www.womenscenteryfs.org/index.php/about-us

https://www.womenscenteryfs.org/index.php/get-info/prevention/education/14-cycle-of-violence

Study after study has revealed that domestic violence involving children usually results in the child growing up with psychological issues and becomes an abuser of their own children and spouse.

Children exposed to domestic violence often come from broken homes and poverty.

THE DOMESTIC VIOLENCE RESOURCE CENTER (DVRC, INC.)

According to their web site “The Albuquerque Domestic Violence Resource Center organization was formed in 1996 to provide an advocate alongside the Albuquerque Police at domestic violence scenes.

Over the years the program has grown to provide services to Central New Mexico residents.

In 2007, the Domestic Violence Resource Center joined the Albuquerque “Family Advocacy Center” as an on-site partner and provide advocacy and case management for domestic violence survivors leaving abusive relationships.

The Domestic Violence Resource Center grew to provide trauma informed counseling for survivors of domestic violence working towards recovery and specializing in counseling for child witnesses.

The Domestic Violence Resource Center programs continue to grow recently added Primary Prevention services working to change the social norms that contribute to the continuance of violence.

Services at DVRC, Inc. are free, confidential, and professional.”

The location and contact information for the Domestic Violence Resource Center are:

Domestic Violence Resource Center
625 Silver SW, Suite 185
Albuquerque, New Mexico 87102

Main Office Line: (505) 843 – 9123
Services Helpline: (505) 248 – 3165
EMAIL: dvrc@dvrcnm.org

For more on the Albuquerque Domestic Violence Resource Center click on the below link:

https://www.dvrcnm.org/about/