Mr. Duck’n Cover & Sidekick Busted for “Hometown Subpoenas”
Disciplinary Board Charges DA Gallegos and DDA Chavez with 5 Counts Each
ADA Simms Part of the Gang
Teaser
(We hear Donald’s gone hunting and Emilio has lawyered up!)
In a twenty-page five-count complaint filed on Oct. 1, 2014 by the Disciplinary Board of the Supreme Court of New Mexico (the Board) against Attorney Donald Gallegos, the Taos District Attorney is charged with violating rules “by engaging in conduct prejudicial to the administration of justice” as well as violating numerous “provisions of the Rules of Professional Conduct.”
Similarly, in 19-page five-count complaint filed against Attorney Emilio Chavez by the Board, the Taos Deputy DA Chavez is charged with “engaging in conduct prejudicial to the 
administration of justice as well as violating numerous “provisions of the Rules of Professional Conduct.”
While the matter came to light during a hearing on motions concerning the alleged KCEC Robbers (Ma Barker Gang), apparently the DA’s office has followed a pattern of issuing subpoenas in some “John Doe” cases without requesting hearings or approval from a court or grand jury in violation of New Mexico rules, laws, etc. Some 46 ill-gotten ‘hometown” subpoenas 
were filed in 2013 and 34 in 2012. An Assistant District Attorney i.e. Robyn Simms herself filed 2 of the “Hometown Subpoenas” in 2012 and 21 in 2013, according to the Board document. Judge Paternoster quashed the evidence in the “Ma Barker Case, due to myriad violations. But Tweedledee and Tweedledum appealed Paternoster’s ruling though the legal community apparently believes the law reads otherwise.
The general summary of misconduct above will take this reporter days to analyze so varied and allegedly egregious are the detailed violations.
Sociological Editorial
The allegations by the Board against the DA’s office go to the heart of sleazy politics, favoritism, retaliation, and other violations of due process not only by the Taos District Attorney’s office but also by a judge, who nods when awake or ignores the rights of the accused, when cops “dress” up perps for line-ups and/or break into residences without warrants and basically i.d. the perps for the victims in said line-up, all of this sanctioned by the higher ups. (I’m thinking of a particular case that is on appeal. I shall write about it…again.)
Ask your candidates for Sheriff about investigations that include issues of police and prosecutorial misconduct, which a kindly judge ignored if his honor can remember the case! More than one judge in more than one case has bent the law to please prosecutors.
The inmates in the Taos County Detention Center seem less criminal in their primordial conduct, due to a lack of impulse control, while under the influence of drink and drugs, than do public officials, who appear to engage in sober, calculated, and premeditated i.e. malicious misconduct as exemplified by the repetitious nature of what can only be construed as highly unethical behavior, according to the 39 pages of documents filed against Gallegos, Chavez, and the implicated if “unindicted” Simms, who is listed as an alleged participant and witness in the great “Hometown Subpoena” scheme.
And dear reader, the above is only the tip of the iceberg, given the drug dealers who run wild and wreck havoc on their own and other families, repeatedly, and for decades, while getting a pass, repeatedly, from the Chief Law Enforcement Officer i.e. the DA and the cops, not to mention this or that perp, who has engaged in homicidal acts but gets a pass for being one of the “good people.” If you think the “Plumber’s Mansion Crack Case” can get past the issue of “prosecutorial misconduct,” I also have a bridge to sell you, where the installation of phone lines will save the lives of those intent on suicide. And I’ll pave your road…next year.
2014.10.01 Specification of Charges (D Gallegos)