Friday, May 06, 2011

Unfurl this Flag!

What’s Wrong With This Picture?
Time to unfurl this flag.
It was nine years, seven months, and twenty days, since I picked up this car radio aerial flag; I found in the weeds along Lomas Boulevard near the University of New Mexico Hospital.
I had just been challenged by UNMH security and told that my Fourth Amendment right against unreasonable search had been suspended because of what happened more than two thousand miles away – the hijacking of four airplanes that fateful day – September 11, 2001.

It was the first indication that, as many would call, “the world has changed,” using the tragedy of an undeclared act of war from a non-nation group of warriors to cause otherwise trained law enforcement officers, educated legal professionals, government officials, with the backing of the general public’s encouragement, to suspend the very principles of our nation, the rule of law, to make everybody a suspect.
Fear gripped our nation. Though flags flew, there was a naked aggression against the protections afforded by the Bill of Rights.
I took the miniature flag, folded it into the triangle used when the flag is lowered, retired for the night, and not on display, the triangle that the military honor guard can fold so precisely before presenting it to the widow, widower, mother, father, or next of kin of a member of the armed services who has, as Abraham Lincoln called, the last full measure of devotion.
I placed the flag in the pocket of my photo vest where it has remained, undisturbed.


Osama Bin Laden is dead, President Barack Obama told the nation, late Saturday night.
Not for a moment do I believe that the war in Afghanistan is over, not for a moment do I believe Al Queda is defeated, not for a moment do I believe this is the end of terrorist attacks on our nation, nor around the world.
Quite the contrary, I suspect Al Queda will mount a serious attack to show that, though their leader is gone, they are not.
Osama Bin Laden was hunted down in northwestern Pakistan, in the village of Abbottabad and killed during a firefight with Navy SEALS according to rapidly unfolding news accounts by the Associated Press.
We aren't any safer now than we were last week from possible terrorist attacks.
Osama Bin Laden wasn't living in a cave, but he may as well have been. Hopefully, as the terrorist mastermind, he had been neutralized.
According to the Federal Bureau of Investigation he was also known as: Usama Bin Muhammad Bin Ladin, Shaykh Usama Bin Ladin, the Prince, the Emir, Abu Abdallah, Mujahid Shaykh, Hajj, the Director. He had a reward of up to $25 million for his capture or conviction offered by the US government with an additional $2 million offered by the Airline Pilots Association and the Air Transport Association.

Osama Bin Laden was not always our enemy. He was a financial backer of the Mujahideen in Afghanistan during the Soviet Union occupation in the 1980s. Then President Ronald Reagan praised the revolutionaries who fought the Afghan government, which sought the assistance of the USSR.

The United States provided the Mujahideen with weapons and they drove off the Soviet Union forces.
Osama Bin Laden became angered when, after Desert Storm, the United States maintained a military presence in his homeland of Saudi Arabia. It was untenable to him for foreigners to be in the same country as the Muslim holy shrines of the cities of Mecca and Medina.

So, What’s Wrong With This Picture?

More than 90 countries lost citizens in the attacks on September 11, 2001. Though the attacks took place in the United Sates and were directly aimed at symbols of American economic and governmental power, the world was involved.
Yes, I called them warriors; their methodology was to terrorize, but they committed an act of war for their cause. The fact that Al Queda is not a sovereign entity, reinforces the ever changing nature of war and revolution on a global scale.
The idea that there are actually are rules in war is mind boggling. The victors extract revenge and write the history as they see it. If there ever was an accurate book on the rules of war, its been out of date for a very long time.

A Coup de grace?
What information is coming out from our government about how Osama bin Laden was killed indicates that he resisted, by using one of his wife’s as a human shield. After she was killed by Navy SEALS, he continued to move. The sailors considered his actions to be furtive movements, going for a weapon. Before it could be determined if he had access to a weapon; he was dead.
There is a question of whether it was necessary to kill Osama Bin Laden as a matter of personal self-preservation. After the shooting, it was announced that he was unarmed and had no immediate access to a weapon.
There was an ongoing firefight.
I wasn’t there, I don’t know, and the government isn’t releasing any audio, video, or photographic evidence. This is no great conspiracy, our government is just not going to lay out the evidence, it would be better if they just say so and lock it in a box for the next 50 years.

I suspect that for most Americans, it simply doesn’t matter. Good riddance.

Knowing what the rules of engagement are, knowing that for one who is trying to take a person into captivity in a confined space, there is a distinct advantage of having weapons trained on Osama bin Laden; the need to fire doesn’t arise, at least until the hands disappear, or a weapon is seen. The time it takes to pull a trigger of an aimed gun is much shorter than the time it takes to go from an empty hand to a grasping a weapon and bringing it to bear.
That time has to be one of the scariest experiences, not for the fear of you being under attack, but the fear that you might fire before the immediate deadly threat matures.
The difference between a civilian police action and an act of war is the military personnel isn’t going to be second guessed in a court of American justice.
The fact he wasn’t dragged into a public criminal trial to stand trial for mass murder; where he might choose to excoriate his enemy, is beyond comprehension for most citizens who have long ago grown weary of the constant loss of life in a far off inhospitable land that has little if any chance of joining the civilized world.
Yet it has been the consistent effort, day after day, sifting through scraps and bits of intelligence of dedicated analysts and establishing informants and sources to track down the world’s number one fugitive.
And he was assassinated. Our government hasn't said it in those words yet. However, then President George Bush did with his:
I want justice. And there's an old poster out West, I recall, that says, "Wanted: Dead or Alive.
Congress approved a list of targeted individuals as military targets for assassination meant not to violate the ban on political killings, signed by President Gerald Ford, according to a New York Times article.
As to the use of torture and “enhanced interrogation techniques”, however, they don’t pass muster, as I see it.
Government is bound by all the same laws that apply to every resident of this country. The Constitution and especially the Bill of Rights are restrictions or outright prohibitions against governmental actions.
Battery is against the law for everyone. Torture is battery, it also constitutes a violation of the middle of the batting order of the Bill of Rights; hitting the Fourth, Search and Seizure, Fifth, Due process and prohibition against compelled testimony Sixth, right to a trial, confrontation, and counsel, and the Eighth Amendments, prohibition against cruel and unusual punishment after conviction.
It is just more convenient to ignore them.
Just remember the next time it might be convenient to ignore the laws and civil rights, the precepts upon which we claim the moral high ground, it might be you who is not protected.
The reaction in this country runs the gamut, from euphoria, to ambivalence, yet no one seems unmoved.

There was dancing in the streets in front of the White House, as noted by New Mexico Congressman Steve Pearce.

It was a different feeling than other national celebrations.

Someone planted a flag in the beak of this statue located in Battery Park at the south tip of Manhattan Island is a tribute fallen soldiers. This picture was taken August 13, 1969, after the ticker-tape parade for the Apollo 11 astronauts in New York City. Talk about dancing in the streets.

Maybe part of the reason is the war continues. There is no one to surrender. There is no surety that hostilities will cease, There is no actual end in sight,

My Take
On September 10, 2001, the issue of the day was the "Drug War."

Wava Porter-Kilby, right, of November Coalition for Albuquerque and Santa Fe, graduate student Ryan Davis, and Frank Scaltrito, of NORML, hold a "drug war vigil" across the street from the Continuing Education Building during a debate on drug policy.

New Mexico Gov. Gary Johnson entered a National Public Radio debate with Administrator of the U.S. Drug Enforcement Administration William Asa Hutchinson, R – Arkansas, at the University of New Mexico.

The face of the drug war was Drug Enforcement Administration Agent Raymond Melick here providing security for Hutchinson.

On September 11, 2001, I was assigned by the UNM Daily Lobo, campus newspaper, to cover a monthly demonstration in support of Palestinian issues in front of the campus bookstore at noon.
Events overtook that planned demonstration, it was replaced by spontaneous reactions.
Watching television news at Saggio's, from left, junior Sierra Stockdale, Martin McEnery, graduate student Chris Niles, and Associate Professor Rob Robergs react to terrorist attacks in Washington D.C., and New York City Tuesday.

Freshman Cheyenne Crawford writes "USA = ignorance" on a painting developed by local artist Vanworth to give people an outlet to express feelings about Tuesday's attacks outside UNM's Center for the Arts.

I photographed the shocked reactions of these UNM students, also at the Pizza parlor. these three photos were used by the Daily Lobo; the top picture was on the front page, the middle picture was on page two, and lower was used exclusively on the paper's website with the others.

So the flag is unfurled, hung with others in ad-hoc display from the top of a tall bookshelf.
Hopefully, the war will wind down in Afghanistan, the suspects of Al Queda are hunted down and dealt justice.

My nephew Greg Bolin is in the U.S. Navy and completed a tour of duty in Afghanistan.
This coming week, he's going on a world cruise. OK, he's boarding the aircraft carrier USS George H.W. Bush (CVN 77) at Naval Station Norfolk, Va. as an aircraft maintenance specialist.
I hope the rest of his career is ensuring peace, not enforcing peace; I hope it for all our forces. However, I have to be a realist at the same time.
I have another flag, that flew over Iraq, that still needs to be unfurled; may it not take 10 years or anymore lives lost.

Thursday, January 06, 2011

The Boogie Man is Coming, The Boogie Man is Coming, or More to the Point

What’s Wrong With This Picture?

After reading the next sentence and doing what it tells you to do, come back, and sit down, and read the rest of this post.

Take a deep breath, hold it, jump up, run around the room in a panic like state, looking over your shoulders like the boogie man is chasing you; when you run out of breath, and are blue in the face, sit down.

Welcome back!

This should make you see red.

I can’t write this with a straight face. So take it as parody.

I’m going to show you a top-secret picture in a moment, don’t tell anybody, especially the past Lt. Governor.

On June 15, 2010, I bought the City of Albuquerque’s Chief Administrative Officer David Campbell dinner. OK, it was a slice of Dion’s pizza at Isotopes Park.

I was with my old police partner and fellow former Albuquerque Police Officers’ Association president Rocky Nogales.

Campbell wanted to talk to us about the Albuquerque Police Department's take home car policy, which assigns every officer a car to drive to and from work, wherever they live, and while going about personal business within city limits.

It’s a 28-year old policy. It was developed to provide better coverage to the citizenry by having off duty officers in marked and unmarked (as if you couldn’t tell it was the cops) units with their radios on being perceived to be patrolling the streets.

Be honest, you lift your foot from the gas every time you see one of those police cars. It’s OK, so do I.

The take home cars also save a boatload of money on maintenance.

Officers are recruited on the promise of benefits, including a take home car.

Our police stations don’t have to provide locker rooms and shower facilities. It’s cost effective all over the place.

Campbell said there had been a flurry of speculation when the idea of restricting officers who live out of the city would have to park their cars.

He didn’t think it was going to go anywhere and they were going to study it to death, but he recognized that it wasn’t his call to make. There was another player who was exercising some degree of authority.

This idea has come and gone two or three times before in the past 15 years or so.

The outcome is always the same. The City takes the cars away, the union files suit, there is a big brouhaha, and the media has a field day. The city seems to find the flaw in their logic and after about three or four months the revenue savings miraculously disappears and the officers are quietly allowed to drive their cars home again.

Now the city has taken the cars from officers who live more than 11 miles from the Big-I, and outside the city limits.

The union sued and in their complaint filed with the court they attached the names, rank, and address of the 180 affected officers. They are the injured parties and need to be identified.

So What’s Wrong With This Picture?

Isotopes lost 11-8 to Omaha.

Oh no, that wasn't the important stuff.

The fly in the ointment is 28-years old. It is a poison pill written into the plan. The chief of police has total discretion in deciding to continue to have or not have the take home car policy, but except for disciplinary reasons, the only thing he may do is kill the program.

It was designed that way to prevent, as union leadership of the day used to say, some penny pinching, penciled necked geeks, from getting stupid with a theory of monetary savings over safety.

I know, because, though I was not an original author, I revisited and tweaked the language a few times at the negotiating table and was sworn in as an expert witness in District Court, during the first attempt by the city to restrict the program. I was not really an expert, just an old guy with a good corporate memory.

Well, it’s happened again. Director for Public Safety Darren White, in this file photo, suited up and went on television last night saying the names on the attachment put the officers at risk if the list fell into the ”wrong hands.”

Be afraid! White summoned his best I’m afraid, voice to try to scare everybody within earshot.

In his best post 911 speech he spewed his rhetoric. The city got the judge to seal the list of attached names and addresses.

White doesn’t study history; he just makes it up as he goes along.

There were cities around the country, about the time he came to Albuquerque that required all city employees to live inside their jurisdictions, have their address and telephone numbers listed so the community could deal with them.

But the best history is to go all the way back to the beginning of modern policing concepts as introduced by Sir Robert Peel when establishing the Metropolitan Police Force.

Peel had a number of principles for the selection, hiring and maintaining officers' services: several had to do with officers being part of their community and to be well known. It’s basic and cops like White continually forget it and cower in fear from the public they are sworn to serve.

Peel also required his "Peelers," or "Bobbies," nicknames named after him, to wear their uniforms whenever they were in public, on duty or not. Peel reasoned that it would make it impossible for officers to take a bribe if all could see them and know whom they were.

Wouldn’t going back to a fundamental policing concept work just as well?

One Hundred sixty-one officers were killed on duty last year nation wide and though there was an increase in ambush attacks on officers I challenge White to find any of them to have occurred at the officer’s residence.

White is trying to divert attention to his silliness of trying to decrease the publics’ safety through his cheap theatrics.

Didn't White just apologize to the City Council about misstating the sum, $600,000 when he accused the Council of reducing the budget, making it the reason for having to take away the cars?

Enough parody.

Now on to that secret picture and maybe a better deterrent to Whites boogie man coming to protect your local neighborhood officers and families.

Don’t you think just about everybody knows a couple of officers might live here?

Sunday, December 26, 2010

Merry Christmas Guvner

What’s Wrong With This Picture?

This is my annual digital Christmas card offering.
These decorations on the tree in Governor Bill Richardson’s office lobby are representative of New Mexico. On the left is a dream catcher, a Native American art made of willow, sinew, feathers, and other natural items.
The yellow globes are hand painted with the red Zia Sun as used on the New Mexico State flag.
So what’s wrong with this picture?
The picture was taken of Freelance Journalist Peter St. Cyr, center, talking with Santa Fe County Commissioner for District 1, and its Chair Harry B. Montoya, right and fellow Freelance Journalist Bryant Furlow, left, when I traveled to Santa Fe to serve a copy of a complaint and summons for Gov. Richardson and his office’s Official Records Custodian Marcia Maestas.

St. Cyr filed a complaint for declaratory and injunctive relief for violations of the right to inspect public records, earlier on Thursday in the Second Judicial District Court for Bernalillo County in Albuquerque.

The case is assigned to Judge
Shannon Bacon, of the Civil Court Division XXIII.

St. Cyr brought suit after filing an inspection of public records request on November 11, 2010.
All applications for Executive Clemency received in the past six months, including applications for full pardons, commutation of sentences, conditional releases, reprieves, pardons to restore civil rights and summary reports received from the Probation and Parole Board.
On November 17, Maestas,
On November 12, 2010, I received your request to inspect certain records. Pursuant to the Inspection of Public Records Act, a response will be forthcoming within 15-days of our receipt of your request. “We have determined your request to be broad and burdensome. As such, we will need additional time to respond to your request.”
On December 9, 2010, St. Cyr wrote Maestas stating that he:
…would like to come to the office next Wednesday – in Santa Fe – to simply inspect any open applications that are pending.
On December 14, 2010, Ms. Maestas wrote:
…to your email of December 9, 2010, revising your previous request.
We still believe that your request is burdensome and/or broad due to the fact that many of our records have been boxed and prepared for archiving and retrieving those documents responsive (sic) will take time.... Accordingly, pursuant to the Inspection of Public Records Act, NMSA 1978, Sec. 14-23-10, we are entitled to an additional reasonable period of time to respond to your request.
St. Cyr responded, requesting the “pending” applications asking:
…to review any and all applications (for clemency) presently under review in the Governor’s Office.
On December 17, 2010, St. Cyr’s attorney Paul Livingston wrote Maestas to produce the requested records
The Governor’s Deputy Chief Legal Counsel Stephanie Kiger responded:
. . . as stated quite clearly, the Governor’s Office continues to work on Mr. St. Cyr’s December 9, 2010 IPRA request. It is, however, under no obligation to provide the records requested on November 11, 2010, as that request was superseded by Mr. St. Cyr’s new request of December 9, 2010.
In addition to unilaterally denying St. Cyr’s Nov. 11 request, Kiger claims that the Dec. 9 request was overly broad and burdensome and claimed the office had until Dec. 29 to provide the inspection of records.
The Governor’s office ignores the IPRA requirement to provide inspection “immediately or as soon as practicable”, and attempts to use the fallback 15-day statement.
Fifteen days added to the dates Maestas states she received the requests are:
November 12, plus 15-days is November 27, at which time Maestas had not given St. Cyr access to the documents or a date certain for the Governor’s office to provide the inspection.
Even if one accepts the December 9, clarification as a new request, superseding the November 11 request, a point St. Cyr emphatically rejects, adding15-days is December 24, not December 29.
On December 16, 2010, the Office of New Mexico Governor Bill Richardson’s Communications Director Alarie Ray-Garcia put out a press statement for immediate release:
Governor Bill Richardson to Consider Billy the Kid Pardon Petition
Ironically at the bottom of the e-mailed release is the standard boilerplate warning:
Confidentiality Notice: This e-mail, including all attachments is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited unless specifically provided under the New Mexico Inspection of Public Records Act. If you are not the intended recipient, please contact the sender and destroy all copies of this message....
One has to question the notice on a press release, “… is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited unless specifically provided under the New Mexico Inspection of Public Records Act.”
The press release recognizes the provision of the New Mexico Inspection of Public Records Act, and is, along with the petition and supporting attachments, are documents that should have been revealed to St. Cyr under his request.
If one literally follows the warning, how are journalists to disclose the contents of the press release? Of course nobody either returns such e-mails or obeys the confidentiality notice, because a press release is anything but confidential.
Richardson’s consideration of a pardon for Billy the Kid is nothing more than a sideshow, a simple distraction from weightier matters of the day. It’s cheap entertainment, brought to you by the politically elite. Randi McGinn a top lawyer in the state takes up a 147 year-old claim for free for a man who had a propensity for killing law enforcement officers.
McGinn is married to the current Chief Justice of the State Supreme Court Charles Daniels, left, whom Richardson appointed to the bench.
McGinn’s free time might be put to better service doing pro bono work for some indigent without a lawyer, or convincing her friend Richardson of being more sensitive to open government, even as he leaves office, or some worthy causes affecting people here and now.

Billy the Kid’s infamy will not be changed one way or another by the results of this “bread and circus” performance.
On December 22, 2010, New Mexican’ Political Reporter Kate Nash learned that Santa Fe Attorney Carlos Fierro who pleaded no contest to homicide by vehicle and leaving the scene of an accident involving great bodily harm and or death sought clemency from Richardson.
The family of William Tenorio, victim of Fierro’s hit-and-run, were aware of the pardon request, but efforts by at least, St. Cyr, the New Mexican and the Albuquerque Journal, and maybe others to get the same information were futile, none of them were notified by the Governor’s office.
Nash’s front-page, above the fold, lead story, ran on Dec 23, with the headline, “Fierro asks for pardon.”
Had St. Cyr been allowed to inspect the records “immediately or as soon as practicable”, he might have had a competitive advantage over other media outlets by having started early.
Posing for Furlow, this might have been St. Cyr's headline based upon his inspection, rather than Nash's actual headline, based on her access to legal sources.
After serving copies of the suit and summons, the Governor's Communications Director Alarie Ray-Garcia, released a written statement to the press:
Mr. St. Cyr's allegations are ludicrous. The governor's office has been working diligently to complete his request and is in full compliance of the law. It's a shame that he has chosen to the waste the precious time and resources of our judicial system on something so completely unnecessary.
Merry Christmas!
Analysis
Let’s review their claim, “...the governor's office has been working diligently to complete his request.”
Thanks to the debut of the New Mexico Sunshine Portal earlier this month, a quick check of the payroll records for Governor Richardson’s office shows its authorized strength is 28-exempt-positions, which includes the Governor and First Lady Barbara Richardson.
During a rare public appearance, the State's First Lady spoke in support of then, U.S. Sen. Barack Obama, during a campaign visit with working women at Flying Star, June 23, 2008, some six months after her husband abandoned his presidential aspirations.
However, eight of the positions are vacant.
Some of those eight vacant exempt positions are not filled because employees sought classified positions in state government to continue to have jobs.
One such employee was Press Assistant Caitlin Kelleher, center, who is now a Public Affairs Specialist at the New Mexico Department of Military Affairs, since about August when she began writing and photographing for the New Mexico Minute Man the official magazine of the New Mexico National Guard.
Governor Bill Richardson, right, is with Ray-Garcia, left, at a fire fighter protection bill signing in Albuquerque.
Other vacant positions in the governor’s office include: two constituent services positions: a director and deputy director, a deputy chief of staff, a deputy director of legislative services, a special assistant I, a director of boards and commissions, and an administrative assistant I.
The annualized savings of those eight vacant exempt positions is $528,902.40, however, there is no reason to believe the positions have been empty that long.
The claim by Richardson that St. Cyr’s IPRA request is too broad and burdensome may be in part because almost a third of the governor’s staff are no longer on the job. Four or five of those positions: press assistant, two constituent services, a special assistant, and an administrative assistant, are likely to have been the personnel who might have done the necessary research.
Allowing necessary staff to drift away to find safe harbors in classified positions for their once politically insecure jobs, during the lame-duck period of Richardson's term-limited final eighth year in office, doesn't make the continued requirements to carry out the mandatory, non-discretionary, and time sensitive duties, to be used as an excuse to not comply with the requirements of the law.
Had the governor’s staff been up to it’s authorized full compliment then. “working diligently” might take on an entirely different meaning.
The second comment in the Governor’s public reaction: “…and is in full compliance of the law”, is reason enough for a lawsuit to test their assertion.
This is not the first time Richardson’s office has refused to release documents. About a year ago Richardson announced 59 exempt state employee positions were eliminated for a saving of some $8.3 million. Richardson’s Deputy Chief of Staff and Communications Director Gilbert Gallegos refused to name the employees released from state service citing they would not be dignified for them to publicly reveal their names. Of course Gallegos’ reasoning fails and “dignified’ does not fall within any of the exceptions to the IPRA act.

According to
New Mexico Politics with Joe Monahan, he and his alligators identified more than 20 of the 59 exempts positions terminated:
Department of Public Safety Chief Information Officer Stephen Easley,
Public Employee Relations Board Deputy Director Pilar Vaile,
NM National Guard Lawyer Shanon Riley,
NM Commission on the Status of Women Administrative Assistant Darla Aiken,
Regulation and Licensing Department Director New Mexico Securities Division Bruce Kohl,
Workforce Solutions Department Constituent Liaison Rebecca Vigil-Giron, right. The former Secretary of State was indicted on 50 counts with three others: political consultant contractor Armando Gutierrez, lobbyists Joseph Kupfer and his wife, Elizabeth Kupfer. Charges stem from work the three did for the Secretary of State's office in 2004 and 2006 on $6.3 million to produce vote-education television advertising State and federal audits could only account for $2.6 million. The main allegations pertain to filing false pay vouchers: money laundering, fraud, soliciting or receiving kickbacks, and tax evasion. Vigil-Giron had been allowed to continue her $60,000 job until she was dismissed as one of the 59-exempt employees.
Workforce Solutions Department Administrative Services Director Lloyd Garley,
Workforce Solutions Department Deputy Secretary Theresa Gomez,
Workforce Solutions Department Francis Ray,
Workforce Solutions Department Priscilla Martinez,
Workforce Solutions Department Workers Comp Division Jim Moran,
Workforce Solutions Department Nick Nieto,
Workforce Solutions Department Randy Romero,
NM Expo Attorney Nasha Torrez,
NM Expo former ABQ State Rep. Al Otero,
NM Expo Art Department Bob Cooper,
NM Expo Special Projects Leo Pacheco,
NM Expo Special Projects Harry Pavlides,
NM Expo involved with Expo construction Architect John Hooker,
Economic Development Department Office of Science and Technology Director Stephan Helegson, left, and
Indian Affairs Department Public Information Officer David Harwell.
KRQE TV Investigative Reporter Larry Barker uncovered a deception in job shuffling of exempt position employees into high or equal paying classified state jobs for the Governor's loyal political appointees.

Barker, right, also added to the list of names for the 59 exempts:
Tourism Department New Mexico Sports Authority Deputy Director Noah Trujillo,
Tourism Department New Mexico Sports Authority Administrative Assistant Patricia Duran.



Richardson refused to comment on Barker’s investigation, instead having a spokesmen state, “the Governor feels he’s going to be “screwed” on this story and doesn’t want anything to do with it,” Barker said.
Journal Staff Writer Albuquerque Thomas J. Cole wrote in a February 24, 2010, “Up Front, daily front-page news and opinion column,” entitled, “'Vacant,' But Appointees on Job”, points out that at least 17 exempt employees applied for or were in classified positions.
Cole added to the list:
Energy Department Director Oil Conservation Division Mark Fesmire,
Department of Cultural Affairs Janice Spence.
New Mexico WatchDog’s Jim Scarantino wrote an article On June 20, 2010, “Albuquerque Journal Sues Gov. Bill Richardson For Withholding Public Records.”
Scarantino included a copy of the lawsuit:
The Albuquerque Journal and Colleen Heild as a reporter for the Albuquerque Journal sued The Office of the Governor, Marcia Maestas, Custodian of Records for the office of the Governor, and John Does 1-3
The Journal/Heild v Office of the Governor/Maestas lawsuit filed June 3. 2010, is open and pending the legal proceeding leading up to a trial, with the discovery process still to come. The case is assigned to the same judge, Shannon Bacon, as is St. Cyr's.
Final Thoughts
There is little doubt that the governor’s office receives numerous clemency requests for all the listed categories found in the State Constitution Section 6 granting the Governor's power to pardon and reprieve.
Subject to such regulations as may be prescribed by law, the governor shall have power to grant reprieves and pardons, after conviction for all offenses except treason and in cases of impeachment.
The law prescribes a process for handling and vetting such requests through the Probation and Parole Board.
On request of the governor the board shall investigate and report to him with respect to any case of pardon, commutation of sentence or reprieve.
31-21-17. Executive clemency; investigation and reports.
The board’s role is gathering documents, such as: the original indictment, conviction, sentencing records, and generating the report.
Should Richardson announce any grant(s) of reprieves or pardons, it will be proof of his office’s failure to follow the Inspection of Public Records Act request. The question of inspection of those records that were reviewed and denied, like Fierro’s issue, which made its way to the public through Nash, is also proof of the violation.
As I witnessed when serving the complaint and summons, the governor's office made me fill out two logs and the receptionist time stamped the documents. There is no doubt the office's staff can track the whereabouts of every document or file at all times. Gathering up the current files pertaining to clemency requests should not have been a major task for a person familiar with office protocol By no stretch of the imagination, should it have taken more then 50 days.
Unfortunately, contrary to the spin, the real shame is the Governor's decision to not follow the law and causing a journalist, acting as a watch dog, seeking strict accountability on governmental official acts to exercise the Constitutional guarantees for assuring an open government to require using our judicial system to compel compliance.

It is for you, my readers, to decide if one or the other parties in this case is acting “ludicrous,” or is it simply the use of a rash word to distract the publics' attention from judging for themselves when government officials have refused to perform their duties.
The days of St. Cyr getting the short radio interview with this willing Governor are now in the past, yet principles sometimes must take precedence.
The watchdogs from the fourth branch of government must growl, snap, and bark; they may also nip, bite, and even sometimes maul to keep public officials remembering that it is all about, "We the People..." and it is a, "government of the people, by the people and for the people," as President Abraham Lincoln said during his Gettysburg Address, November 19, 1863.
Lincoln understood what it took to keep a country together, though he exercised the Constitution as much as any other president, he knew our strength came from government leaders trusting its own people.
In the Supreme Court of Vermont case John Doe, et al. v. Thomas P. Salmon, et al., where recipients of pardons sued to have their records of receiving a clemency kept under seal to protect their privacy, the court wrote:
Since the granting of a pardon is an official act, we turn to Chapter I, article 6 of our State constitution, which provides:

That all power being originally inherent in and [consequently] derived from the people, therefore, all officers of government, whether legislative or executive, are their trustees and servants; and at all times, in a legal way, accountable to them
The Vermont Supreme Court went on:

As a correlative to the right of inspection of public records and documents, the custodian of those records has a legal duty to the public to accord that right. This duty is ministerial in nature and so clear and specific that no element of discretion or of official judgment is involved in its performance.
Clement v. Graham, supra, 78 Vt. at 318.
This is a case on point, meaning in the absence of a New Mexico Supreme Court ruling, another States’ Supreme Court’s finding on the same issue may be offered as persuasion.
So, at a time of giving, the citizens of New Mexico received a lump of coal from their governor.
Otherwise, may the rest of the season be bright.



(Picture from Old Town Friday night is another for my collection in my "share the light" project, as this visitor was struck by a flash while having his photograph taken.)

One can always hope for a Happy New Year!
Disclosure: I did some Para-legal work on the St. Cyr case and served the documents as a volunteer process server.