Some Recent Articles

Here's a bunch of links to articles I've written about (but neglected to blog about) in recent days:

* My weekend story on where various bills stand in the session is HERE

* My most recent look at lobbyist reports, in which I noted that some of the biggest recent social events for legislators have been thrown by groups associated with state universities. That's HERE

* And, turning away from the Legislature for a moment, here's an article I wrote for Saturday's paper about the Americans Elect group having enough verified petition signatures to get on the November ballot. Previous pieces I've done about Americans Elect are HERE and HERE

Roundhouse Roundup: The Return of the Bull Moose

A version of this was published in The Santa Fe New Mexican 
Feb. 5, 2012

Baby boomers may recall an old TV Western called Branded starring Chuck Connors. In the opening segment, Jason McCord, played by Connors, is at an Old West military outpost being marched before a commanding officer. 

As McCord stands straight, square-jawed and silent, the much-shorter commanding officer violently yanks the hat off McCord's head, rips the epaulets off his shoulders and the buttons from his shirt, then finally takes McCord's sword and breaks it over his knee. McCord walks out of the fort as soldiers close the gates behind him. 

Former Sen. Shannon Robinson

"That's what the progressives did to me," former state Sen. Shannon Robinson told me in an interview last week, describing the opening of Branded. 

Nobody actually broke Robinson's sword or ripped his buttons. But in June 2008, Robinson, who had represented his southeastern Albuquerque district for 20 years, lost a bitterly fought Democratic primary to a political newcomer, Tim Keller. 

Robinson blamed his loss partly on a full-color mailer produced and distributed by the Center for Civic Policy and other progressive groups that attacked Robinson's ethics. Two other Democratic legislators who were the subjects of similar mailers also lost their primaries that year. 

So, as the theme song went, "What do you do when you're branded and you know you're a man?" 

In Robinson's case, you switch parties and run for your old seat. Late last year, Robinson changed his registration from Democrat to Republican. The person who handled the registration was none other than former state GOP Chairman Harvey Yates. 

When I asked if he was running against Keller, Robinson said, "That's the plan." Asked if he was going to have a formal announcement, he said, "I thought that's what this was." 

Robinson, a lawyer with a flair for the dramatic, perhaps was best known for his fiery floor speeches in the Senate. He usually was passionate, sometimes bombastic and never dull. 

He said one reason he's running is because of an increase in crime in District 17, which includes the area south of Central Avenue now called The International Zone, though some have less cheerfully referred to the area as "The War Zone." 

He said the laundry where he takes his dry cleaning has been the target of three armed robberies in recent years. "The last time someone held a gun at the lady's head," Robinson said. 

"There are serious security problems that aren't being dealt with," he said. "We have to rebuild property values there. There's a lot that needs to be done." 

Robinson sometimes used to refer to himself politically as a Bull Moose, after Teddy Roosevelt's old third party. Bull Mooses, he said in a 2002 speech on the Senate floor, are united by issues related to tobacco, alcohol and outdoor sports such as shooting and boating. "Trucks and guns ... and cows. Anything having to do with cows." 

The fact that he was a driving force in passing the state law permitting the carrying of concealed handguns should make him popular with Republicans. But some in the GOP might have to overlook some things about Robinson, such as the fact that for a while, he frequently criticized the Iraq War on the Senate floor. And he was behind a peace conference that was held in Santa Fe a few years ago. ("Some of us are for that sort of thing," a prominent Republican activist told me last week when I mentioned the subject.) 

Robinson told me he missed being in the Legislature. "I always considered it an honor to serve, and I tried to conduct myself in a way to reflect that honor," he said. 

I'm not in the business of choosing sides. I like Keller, too. But the Robinson/Keller rematch should be fun to watch.

(Here's what Robinson said the progressives did to him in 2008)

Sanchez Quitting Senate Race?

Well, that's what Heath and Gwyneth are saying, relying on the word of a "source with knowledge of the situation." (Those are my favorite kind.)

Lending credence to the unnamed source is Sanchez himself, who is quoted saying, "I can tell you as of today I am a candidate for the United States Senate."

Yikes! I guess my mistake was not asking Sanchez to swear he was still in the race, like Gwyneth did.

The weird thing is that I ran into the lieutenant governor the night before last. I was leaving the Capitol and he was heading back.

We just made small talk, not a formal interview. I mentioned that his campaign hadn't been very visible since the session started. He indicated to me that he was tied down at the Roundhouse during the session but he'd be getting back on the campaign trail when the session ends.

Back in 2002, when he was a state representative running for governor, Sanchez was criticized by his Democratic opponent Bill Richardson for missing floor sessions, allegedly because of campaign events. I'd been thinking Sanchez wanted to avoid any repeat of that criticism in his Senate race.

Clifford Passes Rules Committee

UPDATE: 2:31 pm As I predicted, the Senate confirmed Tom Clifford for DFA secretary a few minutes ago. The vote was unanimous.

Tom Clifford is the latest appointee of Gov. Susana Martinez to be recommended for confirmation by the Senate Rules Committee.

I'll go out on a limb here and predict that the full Senate will confirm him by the end the day. There's been no opposition, no controversy. Clifford has been around state government for years and is well respected.

If the Senate does get around to confirming him today, he'll be the third Martinez cabinet secretary confirmed this session, following Corrections Secretary Gregg Marcantel and Aging & Long Term Services Secretary Reta Ward.

Still awaiting confirmation are designates Hanna Skandera, Economic Development Secretary Jon Barela,  Arthur Allison at the Department of Indian Affairs; and John Bemis at the Energy, Minerals and Natural Resources Department.

Senate Rules Recommends Marcantel

UPDATE 3:17 pm  The full Senate voted 38-1 to confirm Gregg Marcantel as Corrections secretary.

Despite the concerns of Senate Rules Committee Chairwoman Linda Lopez about Corrections Secretary designate Gregg Marcantel, the panel recommended the confirmation of Marcantel for the job. Lopez was the only dissenting vote.

Gregg Marcantel with Senate President Pro-tem Tim Jennings
after Senate Rules Committee hearing Wednesday

Lopez  in a letter to Marcantel released to reporters on Monday, said she was concerned that Marcantel, a career law enforcement officer, had not disclosed a civil lawsuit in which he was a defendant. That suit centers on an informant who earned early release in exchange for information in a drug case; the man later pleaded guilty to raping two children. Marcantel was a detective with the Bernalillo County Sheriff's Department at the time

Lopez, in her letter, also said Marcantel hadn't disclosed two suspensions that took place early in his career when he was a corrections officer in Louisiana.

Marcantel told the committee that he wasn't trying to hide anything. He was dropped as a defendant in the civil suit before it was settled he said.

Baretta

As for the two suspensions, Marcantel said, he said the question on a questionnaire wasn't clear. The question asked whether there had been allegations of sexual harassment or other "workplace misconduct" against him.

The suspensions took place when he was 19 years old he said and "knew nothing more about police work than what I saw on Beretta."

He said he had disclosed those suspensions in previous background checks for law enforcement positions.

"I'm not a great guy," he told reporters after the hearing. "I'm a guy that’s got as many faults as anybody else. But I am going to tell you what I am not, I am not a liar.”

Law enforcement officials from around the state were at the hearing to testify in favor of Marcantel's appointment. These included Public Safety Secretary Gordon Eden and Bernalillo County Sheriff Dan Houston.

Houston told the committee that dealing with confidential informants is one of the uglier sides of law enforcement. "Sometimes to get to the Devil you have to dance with demons," he said.

Marcantel still must be confirmed by the full Senate.

Fugitive Murder Suspect Captured After Writing Gov. Martinez

Noe Torres

Gov. Susana Martinez is holding a news conference this afternoon about the arrest in Mexico of a Clovis murder suspect.

According to a news release from Martinez's office, suspect Noe Torres:

... has been charged with the murder of Carlos Perez and the attempted murder of his brother Ruben Perez. Torres and his accomplices originally targeted Ruben when they went to the Perez residence on September 15, 2005 and shot nine rounds into Carlos and Ruben’s bedroom window. Carlos Perez was killed by a bullet that struck him in the head. While Torres was never apprehended and fled to Mexico, his accomplices were all tried and convicted for their roles in Carlos’s murder.

But here's the twist.

Torres, according to the news release had been taunting Clovis law enforcement officials through phone calls and letters. And on Jan. 18 Martinez herself received a letter from Torres. It's not clear what he had to say to the gov, but the next day she gave it to Chihuahua Governor Cesar Duarte, along with a packet of information on the case.

"Six days later, Torres was arrested by Mexican authorities and is now in the process of being extradited to the United States to stand trial," the news release said.

I'll update if there's more information out of the news conference.

UPDATE: 4:55 pm  Here's the letter that Noe Toress sent to the governor. (Some of it's faded. Use Full Screen feature.)

Noe Torres Letter to Gov

Corrections Nominee Hits Snag

Gov. Susana Martinez's nomination of Gregg Marcantel to be secretary of Corrections apparently has hit a  roadblock.

Senate Rules Committee Chairwoman Linda Lopez said in a news release that "Secretary Designate Marcantel background investigation and questionnaire have identified issues that cannot be ignored."

Court records sent with the news release indicate that Marcantel as a Bernalillo County police detective had been one of two detectives in charge of a confidential informant with a record of convictions for rape and kidnapping in Socorro and Albuquerque. According to a civil lawsuit filed in 1997, the informant, at the time he was under the watch of Marcantel and his partner, raped two children.

A court deposition also shows that Marcantel, while working as a corrections officer in Louisiana, had been suspended twice. In a letter to Marcantel, Lopez said these facts were not disclosed on Marcantel's background questionairre.

Lopez has asked Marcantel to testify at a closed-door executive sesseion of the Rules Committee on Wednesday.

However, a spokesman for Martinez calls Lopez's allegations against Marcantel a "smear job."

“The case Senator Lopez is using to smear Gregg Marcantel is the same case in which he was given the nation’s “Top Cop' award by the National Association of Police Organizations. In fact, Marcantel’s actions were deemed so exemplary that he was invited to the White House as a result of the award by President Bill Clinton. 
 
Furthermore, Secretary-designate Marcantel does not believe this should be discussed in `executive session,' but rather in a public committee meeting and looks forward to defending his integrity against these political attacks. 

Secretary-designate Marcantel is making great strides in professionalizing the Corrections Department and holding those accountable who were allowed to take advantage of taxpayers during the previous administration. He has protected and served the public with great distinction throughout his law enforcement career.” 

Darnell also supplied a quote from Jim and Rita McGrane, the parents of slain Bernalillo County Sheriff's Deputy James McGrane, Jr.

 “Gregg Marcantel is a man of impeccable integrity who has dedicated his life to protecting our community. When our son was murdered in the line of duty, then Lt. Marcantel spearheaded the murder investigation and personally went to Mexico to take custody of Michael Paul Astorga. We know Gregg’s character and are sad to learn that someone would personally attack him.”

Marcentel is one of several Martinez cabinet appointees waiting to be confirmed by the Senate. The Rules Committee this morning recommended confirmation of Retta Ward as secretary of Aging & Long-Term Services.

Another GOP Candidate in CD 3

There's another Republican who wants to challenge incumbent Congressman Ben Ray Lujan.

Jefferson L. Byrd

Jefferson Byrd, a Quay County rancher and engineer, announced today that he'll seek the GOP nomination.

In an email, Byrd wrote:

“After much prayer and counsel with my wife Suzanne, and with growing grassroots support across the district, I believe that my strong conservative background is best to take on Ben Ray Lujan’s socialist policies. In order to effectively compete for this seat, we need a true conservative who is from the district and has actually lived through the tough times that the Obama/Lujan agenda has created.”

Rick Newton of Taos announced late last year that he's seeking the Republican nomination for Congress in this district. Both Byrd and Newton are political newcomers.

The Third District is considered a safe Democratic district. Not only is there a near 2-to-1 voter registration advantage for Dems, in recent elections the national GOP has basically ignored the Republican nominee in CD 3.

Lujan also has Democratic primary opposition. Former Santa Fe County Commissioner Harry Montoya recently announced he'll run against Lujan. Artist Sean Closson also is running as a Democrat.

UPDATE: 5:52 pm The original version of this gave an incorrect name for Harry Montoya (who I've know for years.) Sorry Harry, and thanks to Chris for pointing it out.

Roundhouse Roundup: Letting the Clock Run on Murder

A version of this was published in The Santa Fe New Mexican 
Jan. 29, 2012



It took eight years for Teri Johnson and Laura Bowman, two Albuquerque sisters, to find out what really happened to their brother, Michael Snyder. The two found out last week that it also might take a long time to convince the Legislature to take action to change a law they say created an injustice for their family.

Snyder, a mechanic who suffered from multiple sclerosis, had been missing since 2002. In 2010, thanks mainly to a tip from an informant, his body was found buried next to the house he had built for his family in Albuquerque. His wife, Ellen Snyder, was accused of killing him, burying the body and lying to police, claiming that Michael Snyder left his family after an argument.

However, prosecutors thought charging her with first-degree murder would be too risky, and the statute of limitations for second-degree murder is only six years. So, in a plea deal -- opposed by Johnson, Bowman and other family members -- Snyder pleaded last year to voluntary manslaughter and was sentenced to 11 years in prison. She waived the statute of limitations on that charge. The sentence also includes time for lesser charges such as tampering with evidence and tax fraud.

Sen. Bill Payne, R-Albuquerque, is sponsoring a bill (Senate Bill 37) to eliminate the statute of limitations for any homicide. Rep. Bill Rehm, R-Albuquerque, is sponsoring the similar House Bill 31. Gov. Susana Martinez endorsed the legislation in her State of the State address.

Currently, there is no time limit in New Mexico for prosecuting first-degree murder cases. But that's not the case for all homicide charges.

But Payne's bill ran into trouble Thursday with the Senate Public Affairs Committee, which added amendments that Payne said waters it down.

The sisters expressed disappointment immediately following the hearing. "We don't want to send the message that if you're a clever enough criminal, you'll get away," Bowman said.

"It's disappointing to see opposition to something I thought was a no-brainer," Johnson said.

The bill was opposed by the New Mexico Criminal Defense Lawyers, the American Civil Liberties Union and the New Mexico Women's Justice Project. Sheila Lewis of the latter group said eliminating statutes of limitations gives families of homicide victims false hopes and does not allow them to get "closure."

The sisters disagreed.

But following the meeting, they didn't seem to have much false hope about the prospects of the bill.

The main hang-up by some committee members was the fact that the statute of limitations would be lifted for homicides, including assisted suicide.

The committee adopted an amendment by Sen. Eric Griego, D-Albuquerque, to eliminate the statute of limitations on second-degree murder. But for the lesser crimes, manslaughter, vehicular homicide and assisted suicide, the statute of limitations would be raised from five years to 10 years.

Then the committee voted to pass an amendment by Sen. Tim Eichenberg, D-Albuquerque, to drop assisted suicides completely from the bill. The amended bill goes on to the Senate Judiciary Committee.

The trouble with that, Payne said, is that in murder cases like Snyder's, when evidence comes in years later, defense lawyers will try to plea it down to some of the lesser crimes -- such as assisted suicide.

Payne said the statute of limitations could become an issue if the West Mesa murders ever go to court. Nobody has been charged in the killings of 11 women found in a mass grave on Albuquerque's West Mesa in 2009.

Most prosecutors, Payne argued, wouldn't attempt to try cases with weak evidence anyway. But in cases where the evidence is good, time shouldn't be a barrier, he said.

Though disappointed, the two sisters aren't giving up. "This affects everyone who walks the streets of New Mexico," Johnson said.

Howe Now?

Monday night at a League of Women Voters event, I ran into Public Regulation Commissioner Doug Howe, who told me that he was running for the position this year as a Democrat.

Shortly after talking to him, I blogged about it and wrote a brief for Tuesday's New Mexican.

Then, late last night, I read this in today's paper:

"I don't know how to be a politician. I'm not one. I might be able to learn. But I need a lot more than two months to do it. I finally came to the conclusion that it is an insurmountable task."

I'm not sure what happened between Monday night and yesterday. But I guess that makes this card a collector's item.