Despite concerns, judge refuses to dismiss criminal case against black man

Senior U.S. District Judge James Parker / Courtesy of U.S. District Court

A federal judge has denied an Albuquerque black man’s request to dismiss methamphetamine trafficking and gun charges based on his claim that agents targeted him because of his race during a monthslong undercover sting operation in 2016. In a 15-page order issued Feb. 11, U.S. Senior District Judge James Parker appeared to wrestle with whether agents from the federal bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) had singled out 46-year-old Yusef Casanova and other black people for arrest while ignoring the crimes of white people. That was the core of Casanova’s argument in asking Parker to dismiss his case. Noting that aspects of the operation — and the results of other ATF operations around the country — were “troubling,” Parker, wrote that Casanova had not overcome the high threshold necessary to prove illegal racial profiling.

Legislators aim to give convicted felons second chance

Warren Rivera walked out of federal prison nearly two months ago after serving about seven years for his conviction on a charge of illegal firearm possession. First on the 40 year old’s list: Get a job. As a “person who has totally changed his life,” Rivera fired off 30 job applications. Not one employer has contacted him for so much as an interview. “If you [the employer] don’t sit down and look at me in the eye, you’ll never know you had the perfect candidate,” Rivera, who is African American, told New Mexico In Depth in a recent interview.

Lujan Grisham says her administration will look into Hepatitis C prison problems

At a news conference Wednesday, Democratic Gov. Michelle Lujan Grisham responded to a New Mexico In Depth story that showed while the state has the largest known share of prisoners diagnosed with hepatitis C in the nation, few are being treated. That’s despite new, nearly fail-safe treatment medications coming onto the market at increasingly low prices.  

New Mexico faces difficult choices, Lujan Grisham said, partly because so much is out of its control. Incarcerated individuals who contract the disease on the outside might only become aware of their plight after a screening in prison, Lujan Grisham said. Beginning in 2009, New Mexico began offering all prisoners screening for hepatitis C, which is not a universal practice.

An ignored epidemic in New Mexico’s prisons

The treatment was simple — three pills a day, best taken on a full stomach — and it cured Gabriel Serna of hepatitis C in eight weeks. He just had to wait eight years to get it. In theory, revolutionary medications have made the blood-borne, sometimes-fatal infection curable, so people with the disease need not endure the inexorable and irreversible damage it causes to their livers. Unless they are in one of New Mexico’s prisons, like Serna was for much of his wait. That’s because although the state’s inmates have the highest prevalence of hepatitis C of any group in New Mexico — more than four in 10 are infected — the prisons are hardly treating any of them: Out of some 3,000 prisoners diagnosed with the disease, just 46 received treatment for hepatitis C during the 2018 fiscal year.

APD officer: 2016 federal sting operation focused on ‘volume,’ not ‘higher-level guys’

Tim Hotle, a 12-year veteran of the Albuquerque Police Department, in sworn testimony this week undercut federal authorities’ long-running narrative about a controversial 2016 law enforcement operation that snatched up disproportionate numbers of blacks and Hispanics. During his 45 minutes or so on the witness stand, Hotle told U.S. Senior District Judge James Parker that as a representative of APD he had helped plan the Albuquerque operation pushed by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the local U.S. Attorney’s Office. Authorities have repeatedly contended they arrested “the worst of the worst,” and a summary report of the operation stated that its goal was to infiltrate drug trafficking organizations “facilitated by” Mexican cartels. Most of the 103 people arrested, however, were picked up for their involvement in small-quantity drug sales; few had the types of violent criminal histories authorities said they were going after. Hotle’s testimony further undermined the federal government’s claims.  

“We weren’t after the higher-level guys,” Hotle said from the stand during a court hearing involving one of the defendants arrested in the operation.

New direction, and infusion of money, seen for criminal justice system

Lawmakers are hopeful that 2019 brings an opportunity to significantly overhaul major parts of the New Mexico criminal justice system, after what one key state senator called a “lost decade” that saw myriad ideas but scant action. Bills are expected to address chronically high crime rates across the state, with a focus on speedier justice in cases involving violence and more lifeboats for people whose lesser crimes have saddled them with the stigma of a criminal record. There’s talk of a massive “omnibus” bill that would feature changes to New Mexico’s probation and parole systems, reparations for crime victims, the way law enforcement uses eyewitness testimony to seek convictions and several other laws. Then there are the reforms that, in years past, have found support from both political parties but ultimately met the veto pen of Gov. Susana Martinez, a former prosecutor who for eight years stuck to her belief that New Mexico needed tougher penalties for lawbreakers, but largely stiff-armed proposals to address systemic injustices. Those shifts — likely to be proposed in individual bills — would include limiting the use of solitary confinement in the state’s prisons and jails, creating a pathway for some offenders to have their criminal records wiped clean after a period of time and prohibiting private-sector employers from inquiring about job applicants’ past convictions in most instances.

ATF defendant alleging racial profiling headed to drug rehab center

Yusef Casanova has sat in a prison cell for 27 months — charged with federal drug and gun offenses after his arrest in a 2016 undercover sting operation in Albuquerque. On Dec. 20, his attorney will drive him to the Four Winds Recovery Center, a drug rehabilitation facility, just outside Farmington. It’s an unusual turn of events: A federal judge ordered the release of Casanova, who is facing decades in federal prison if he’s convicted. Casanova was swept up in an undercover operation that arrested a highly disproportionate percentage of black people.

Despite outcry, Keller sticking with ex-prosecutor who oversaw alleged racial profiling

Former U.S. Attorney Damon Martinez will stay in his $118,000 job despite heated demands from Albuquerque police reform activists and others to fire the longtime lawman, Albuquerque Mayor Tim Keller told NMID Friday afternoon. The mayor added that Martinez’s role in a controversial 2016 law enforcement operation that spawned allegations of racial profiling never came up as he deliberated whether to hire him for a sensitive city police department job. “I respect their input,” Keller said of critics calling for Martinez’s firing, many of whom campaigned for the progressive Democrat last fall. “If there’s any differentiation between what he’s trying to do and my vision for the city and what I can do, then obviously it’s not gonna last long.”

The controversy over Martinez’s hiring flared over the weekend after the Keller administration  announced it last week. The protests had to do with his oversight and participation in a four-month undercover operation by the federal bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in southeast Albuquerque in the spring and summer of 2016.

ABQ Mayor’s hire of controversial ex-prosecutor riles community

Leonard Waites was surprised. The executive director of the state Martin Luther King Jr. Commission had just learned from a reporter that Mayor Tim Keller had hired former U.S. Attorney and defeated congressional candidate Damon Martinez as a senior policy adviser for the Albuquerque Police Department. Waites, who is black and also serves as chairman of the Albuquerque Police Oversight Board, was outraged last year by the results of a large-scale federal law enforcement operation. Overseen by Martinez, agents had arrested a grossly disproportionate number of black people for relatively minor crimes in 2016. “I have very, very serious concerns about this,” Waites said Monday of Martinez’s hire, adding that he had heard nothing about it from the Keller administration.