Gov. Susana Martinez on Thursday vetoed two criminal justice reform bills that passed the Legislature with bipartisan support. The first, House Bill 175, would have banned the use of solitary confinement in New Mexico’s jails and prisons for pregnant women and children. The measure also would have restricted the controversial practice of leaving people in a cell for 22 hours a day or more with no meaningful human interaction for people living with mental illness. Martinez, a two-term Republican governor who previously spent 25 years as a prosecutor, also vetoed a bill that would have restricted private employers from inquiring about job applicants’ criminal histories. In her veto message on the solitary confinement bill, Martinez cited the safety of corrections officers and a need to lock certain children sentenced to adult prisons away alone as her reasons for killing the measure.
After a year of “stonewalling” by federal law enforcement officials, U.S. Rep. Michelle Lujan Grisham is calling for congressional hearings to get to the bottom of why a man who allegedly shot an Albuquerque police officer to death in 2015 was still on the streets at the time. The fourth-year congresswoman, an Albuquerque-based Democrat who is running for governor of New Mexico, also vowed to sponsor a bill that would require the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) and other agencies to make regular reports to Congress on their policies for undercover operations and those operations’ outcomes once they’re closed. Lujan Grisham laid out her plans in an interview with New Mexico In Depth after a town hall meeting in Albuquerque on Feb. 25. They refer to the case of Davon Lymon, who is accused of fatally shooting APD officer Daniel Webster during a traffic stop on Oct.
House and Senate lawmakers are pushing identical proposals that would abolish solitary confinement for pregnant women and children and steeply curtail its use on people living with mental illness in New Mexico’s jails and prisons. If passed into law, supporters say either bill would provide a statutory definition for “isolated confinement” in the state and much needed transparency on the scope of the controversial practice of leaving inmates alone in their cells for 22 hours a day or more with little to no contact with others and few opportunities to participate in educational or rehabilitative programs.
“Right now, we do not know on any given day if it’s 100 or 1,000 people in isolated confinement in the state of New Mexico,” Rep. Antonio “Moe” Maestas, the Democratic sponsor of HB175, said. “Once we have some data, we can have confidence that the Corrections Department and the counties are scaling back the use of solitary confinement.”
Numerous studies, including one by the advocacy group Disability Rights Washington, have shown that isolation in a prison cell can exacerbate existing mental illnesses and create new ones where none existed before. The United Nations and the American Academy of Child and Adolescent Psychiatry have argued that solitary confinement is particularly dangerous for children, whose brains are still developing, and condemned its use. New Mexico has a troubled history with solitary confinement.
FARMINGTON—Joshua Saiz paces outside his mobile home, anxiously puffing on a cigarette and, alternately, flashing a grin at his young daughter. The gravel crunches under his shoes as he takes six short steps up, makes a tight turn, then six steps back. Always six steps up, six steps back. The 40-year-old former oil field laborer can’t bring to mind why he’s so consistent. But his wife, Nakrista Saiz, has the answer: “I’ve asked him, too.
Republicans and Democrats will debate what criminal justice reform means during the 60-day legislative session. But a much more serious problem needs their attention, New Mexico Chief Justice Charles Daniels told the Legislature on Thursday.
“I wish I could tell you that New Mexico is providing the functioning justice system promised in the constitution that created the ground rules of our government, but I can’t,” Daniels said.
A justice system requires enough money to make it function.
District attorneys from around New Mexico are working on a statewide policy for investigating and prosecuting shootings by law enforcement, Andrew Oxford reports in today’s Santa Fe New Mexican. It’s the second action taken by public officials since the Santa Fe New Mexican and New Mexico In Depth published a story that examined the challenges inherent in investigating and prosecuting fatal law enforcement shootings. Last week Attorney General Hector Balderas announced he had created a committee to audit how each law enforcement agency around the state reviews the use of deadly force by its officers. On Monday Balderas announced he was collaborating “with the New Mexico District Attorney’s Association on its effort to standardize what is currently a patchwork of often-unwritten protocols across 13 judicial districts when it comes to police shootings,” Oxford reports. Oxford writes that police in New Mexico have fatally shot 41 people since January 2015, more people per capita than in any other state, according to The New Mexican’s analysis of data maintained by The Washington Post.
Federal officials on Thursday said they are conducting a criminal investigation of allegations that Albuquerque Police Department employees altered and deleted body camera video.
The Department of Justice has received “several requests” seeking a criminal probe, Elizabeth Martinez, a spokeswoman for the U.S. Attorney’s Office in Albuquerque, said in an emailed response to questions from New Mexico In Depth.
Detective Geoff Stone shifted in his chair behind the witness stand and glanced at the defendants’ table where two former Albuquerque Police Department officers sat. Stone knew the men well. He attended the police academy around the same time as one of the men, Keith Sandy, and worked the same late-night shift on the city’s northeast side with the other, Dominique Perez. But with his two former colleagues on trial for murder after gunning down a mentally ill homeless man in March 2014 during an hours-long standoff in the Sandia foothills, special prosecutor Randi McGinn wanted to know whether Stone’s relationship with the officers was a problem when it fell on him to investigate them. “No,” Stone told her after a moment.
In the world of police officers and the instructors who train them, guns are not guns; instead, they are “systems” or “platforms.”
Likewise, weapons that fire 50,000 volts of electricity or high-velocity beanbag ammunition at people are “tools” that officers “utilize.”
And what does an officer see through two rifle scopes when he has focused them on someone, pulled the trigger and successfully hit his target? “They’ll fire until that problem disappears from the sight picture,” says Ronald McCarthy, the 78-year-old police practices expert who was once a member of America’s first SWAT team in Los Angeles, formed in response to Civil Rights-era protests in the 1960s. McCarthy’s comment, like those of several other officers, supervisors and instructors, came during testimony in the recently concluded murder trial for former Albuquerque police officers Keith Sandy and Dominique Perez in the 2014 shooting of homeless camper James Boyd. This story was a jointly reported by Justin Horwath of the Santa Fe New Mexican and Jeff Proctor of New Mexico In Depth. Related: Relationships make prosecuting police difficultThe stilted, mechanical language is typical of jargon used by police officers across the country in reports and testimony.
Mayor Richard Berry’s administration says it will bring in an independent investigator to review allegations that city police employees tampered with videos from police shooting cases. The announcement Tuesday afternoon comes less than 24 hours after City Attorney Jessica Hernandez told city councilors that her staff and APD already were investigating the claims and that an outside review would not be necessary. Councilor Pat Davis said at Monday night’s Council meeting — and again in a letter to Hernandez sent Tuesday morning — that he wanted the probe handed off to someone outside city government. Davis wrote that “establishing public trust in the outcome of this investigation is critical” especially given the serious implications of the cases. “And that must be accomplished without delay,” according to the letter.
Kari Brandenburg, the outgoing Bernalillo County district attorney, said Monday a federal “criminal investigation is absolutely warranted” into allegations that Albuquerque Police Department employees have tampered with videos that show police shootings. Brandenburg said Monday in a telephone interview she is sending documentation detailing the allegations to the U.S. Attorney’s Office in Albuquerque. A spokeswoman for the U.S. Attorney’s office would not say Monday whether the agency planned to open an inquiry based on the district attorney’s referral. But spokeswoman Elizabeth Martinez wrote in an email “the Justice Department takes seriously all referrals from state and local prosecutorial authorities.”
Reynaldo Chavez, the police department’s former records supervisor, swore out an affidavit as part of an ongoing civil right rights lawsuit against APD in which he alleged that department employees had altered or deleted videos showing the events surrounding two controversial shootings by officers in 2014. According to Chavez’s affidavit, which he swore under penalty of perjury, APD employees used Evidence.com, a cloud-based storage system, to alter the videos.