2019 legislative session

Measure to change parole process for ‘30-year lifers’ advances

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People serving 30-years-to-life sentences in New Mexico state prisons for murder and certain other crimes could soon find an easier path to freedom after three decades behind bars. On a 51-16 vote Sunday, the state House of Representatives passed a bill that would mandate a shift in state law: from inmates having to show why they should be released after 30 years to requiring the Parole Board to demonstrate convincingly why they should remain locked up. House Bill 564, sponsored by Democratic representatives Antonio “Moe” Maestas and Gail Chasey, Republican Sen. Sander Rue and Democratic Sen. Richard Martinez, closely mirrors a proposal that died in committee in 2017 after then-Gov. Susana Martinez signaled she would veto it. The measure tracks an issue New Mexico In Depth and the Santa Fe Reporter uncovered in an investigation published in March 2017. Among the findings: Power at the Parole Board had concentrated with Sandra Dietz, the Martinez-appointed board chair who was philosophically opposed to paroling people who had received sentences of 30-to-life; and just six times out of 89 did the board release someone on parole between 2010 and early 2017—among the lowest rates in the nation.

Criminal Justice

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

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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.

clemency

Former Gov. Martinez stayed stingy with pardons to the end

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Susana Martinez departed the governor’s office in December granting what appears to be among the fewest pardons in state history. Martinez granted just three pardons—a power that absolves people of guilt in crimes after they’ve paid their debt to society—during eight years in office, a minuscule number compared to her predecessors, Republican Gary Johnson and Democrat Bill Richardson. Those pardons all came in 2012, Martinez’ second year as governor, an earlier analysis through 2017 by SFR and New Mexico In Depth found. The news organizations wanted to see whether Martinez, a Republican, had a change of heart during the final year of her second term. Did she have a Billy the Kid moment, a la Richardson?

Uncategorized

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

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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.

2019 legislative session

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

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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.

Border and immigration

Proposed NM rule change would allow immigrants to work as lawyers regardless of federal status

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Interpretation and enforcement of immigration laws seemingly change as fast as finicky weather patterns under President Donald Trump and his advisers, mostly a group self-styled “immigration hardliners.”
In some cases, the courts have thwarted the administration’s attempts at unilaterally limiting who can enter the United States. Contrarily, Trump, without evidence, continues to tout progress on “The Wall” along the nation’s southern border and, most recently, deployed US military forces to stop what he sees as an “invasion” of migrants from the south. The uncertainty leads to big, philosophical questions on governance such as: How far does presidential power go when it comes to immigration policy? In New Mexico, the charged debate over immigration has raised a narrower question for the state’s legal community. Should people in the United States illegally—regardless of whether they are eligible to hold jobs—be allowed to practice law here as long as they’ve passed the state bar exam?

ATF defendant alleging racial profiling headed to drug rehab center

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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.

Criminal Justice

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

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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.

Criminal Justice

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

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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.

Criminal Justice

About the 2016 Albuquerque sting operation

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Over the last 18 months NMID has closely examined the ATF sting operation, its design, its impact and the legal wrangling that continues to play out in federal court in more than two dozen stories.  

Of the 103 people arrested 28 — 27 percent of the total — were black. That’s compared to the city’s 3 percent black population. Further, black people made up just 5 percent of defendants in gun and drug cases in New Mexico’s federal courts during a 10-year period. Racial profiling allegations and admonitions from federal judges have followed the team that descended on Albuquerque around the nation, NMID found.