Justice System: The Taos Difference

We live in a historically cantankerous community, where representatives of local government and government agencies squabble among themselves, where prominent elected leaders are known to retaliate against those, who criticize them. And surely some elected officials rightfully refuse to obey political fiats from the Mayor and/or his Coop buddies and their faux command center. As the recent Town of Taos election suggests, citizen voters see collaboration as the way to mend the fragile social fabric and survive in an increasingly frugal economy.

Still, national news stories depict an unfriendly and antagonistic New Mexico Governor, who is transferring control of our natural resources to the oil and gas industry i.e. hijacking state water reserves in favor of rewarding in-state and out-of-state ground water polluters or frackers and their brethren. The recently failed and rejected ex-mayor of Taos, a democrat, is promoting the republican Governor’s re-election. If his middle name isn’t “vendido” what is it?

At the recent forum for Taos County Sheriff candidates, citizens  continued to express an interest in the qualifications of candidates. Most of the candidates mentioned the need for law enforcement to engage with community members, call it community policing. Candidate Betty Martinez-Gonzales seemed confused by a question regarding “community policing” yet if anyone knows the community and its families, it is the retired 29-year judge. But she turned gold into straw on that question.

Another state police shooting occurred in Las Vegas, last night and there was a continuing if quieter confrontation between Albuquerque elected officials and activist/ survivors of homicide at a Duke City council meeting. Given the excessive blood letting in Albuquerque, I was both pleased and chagrinned to hear candidate Celedon Gallegos respond to a question about policing the handicapped or mentally ill in Taos.

Gallegos described TCSO’s response to a home where a mid-thirties mentally disturbed man had beaten up his caretaker (and his mother the week before). According to Gallegos, the individual quieted down upon the arrival of law enforcement because they “talked to him”—though they did not remove him from the premises. Gallegos said there didn’t seem much point in taking him to jail. What can you do, he wondered. Indeed. In today’s atmosphere of cops and guns, where the NRA wants to arm everyone for every occasion, we can be grateful each time the cops show up and don’t kill somebody. In Taos the police are far from bloodthirsty. On the other hand, mental health professionals are available to assist law enforcement.

At the forum, of the nine candidates for sheriff, only Jerry Holgrefe seemed present and accounted for in terms of up-to-date experience, a grasp of budgets, collaboration with other police agencies, and a general presence in the 21st Century. He named the names of other law enforcement officers with whom the TCSO needed to collaborate and mentioned specific numbers when he referred to administrative budgets.

Just as candidate Gabe Medina likes most of the candidates running for office so do I. Despite rampant criticism of TCSO when it comes to crimes like burglary or botched investigations, I have observed much that is to be praised among officers when it comes to domestic violence issues and issues of keeping the peace, if not enforcing the law, among local eccentrics. And I have enormous respect for Judge Betty.

But I fear the times have passed by local candidates who have not kept up with training, education, and the issues. It is not easy for me, who prospered in a tolerant local culture as a young man, whose youthful foibles were frequently overlooked, to acknowledge Holgrefe. But we must let go the lament for another time. Life is way more complicated in today’s law enforcement world.

(Education and broad experience also can be an antidote to envidia even if you have to look at characters like the “Dog” and “Doncito Martinez” as representatives of the culture associated with law breaking.)

Experienced and qualified candidates for County Commission, like Jim Fambro, Candyce O’Donnell, Bobbi Deherrera, candidate for Assessor, and attorney Paloma Roma, candidate for Probate Judge—all seem to possess a stronger grasp of their jobs than their opponents. And sure, I expect candidate Virgil Martinez to defend our water resources and to win his election in November for County Commission.

At District Court on Thursday Judge John Paternoster denied attorneys Alan Maestas’s and Kathryn Hardy’s motion to quash a grand jury indictment of Oriana Ferrell, the protagonist in the notorious Viral Van case of Internet fame. Ferrell’s attorneys argued that three procedural errors by the DA’s office should have nullified the indictment, including a faulty target notice, poorly articulated general instructions to jurors re: charges, and the replacement and substitution of a juror by the DA, who apparently usurped the role of District Judge Sarah Backus. (The juror excused was a sister to Elias Montoya.)

Despite minor errors, there was a lack of prejudice to the defendant, according to Judge Paternoster. He said, “defense attorneys and prosecutors will never see eye-to-eye” and that there was “no showing of bad faith” and “no fundamental flaw,” though he did say, “procedures can always be tightened up.” Though Paternoster denied the defense’s motion, he said he would sign an “interlocutory appeal” by Ferrell’s attorneys. He also reminded attorneys that this is a “mid-level complex case. I don’t want discovery problems.” The case is scheduled for trial in October. “Don’t lollygag,” said the judge.

One can appreciate Paternoster’s wisdom in his rulings. He’s no pantywaist when it comes to the DA’s office. Recently he quashed the indictments of the Ma Barker Gang in the $200,000 plus Kit Carson Bandido robbery. In that case, the DA’s office and the cops issued subpoenas under their own—the DA’s— signature but without a court order, contrary to statute and common judicial practice. In so many words, DDA Emilio Chavez claimed the practice was more efficient. Apparently, he didn’t want to “lollygag.”