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Brandenburg: Judges’ ‘broad’ interpretation of court rule led to dismissals

Bernalillo County District Attorney Kari Brandenburg is seeking a letter from the state Supreme Court that explicitly states the case management order’s (CMO) 10-day discovery rule applies only to evidence needed to obtain an indictment – not all evidence that will be needed at trial, as she says the 2nd Judicial District Court has “broadly” interpreted.

Read Brandenburg’s statement in full here.

Brandenburg met with state Supreme Court justices, Chief District Court Judge Nan Nash, District Court Judges Charles Brown and Brett Loveless, the Bernalillo County Sheriff and Albuquerque Police Department chief Tuesday to discuss possible changes to the CMO. Continue reading

Albuquerque sued over ‘policing for profit’ program

Two New Mexico state senators announced a lawsuit against the City of Albuquerque Wednesday in an effort to stop the civil forfeiture program.

The program allows law enforcement officials to seize and keep private property without a criminal conviction. The practice put New Mexico into the national spotlight last year when Las Cruces City Attorney Pete Connelly called civil forfeiture “a gold mine.” Continue reading

Gov. Martinez: Top advisor, others have ‘done nothing wrong’

New Mexico Gov. Susana Martinez told reporters Monday afternoon the FBI has interviewed her and others regarding an investigation into her top political advisor, Jay McCleskey, and allegations of fundraising violations.

“I’m confident that neither Jay nor anyone else has done anything wrong,” Gov. Martinez said. “And if they can’t beat him, they’re just going to smear him.” Continue reading

Dianna Duran takes plea deal in fraud case, pleads guilty to 6 counts

Dianna Duran, who resigned as secretary of state Thursday night, took a plea deal in the criminal case against her in Santa Fe District Court Friday.

Duran pleaded guilty to two felony counts of embezzlement and four misdemeanor counts of embezzlement, money laundering and campaign finance violations. Continue reading

Secretary of State Dianna Duran resigns

New Mexico Secretary of State Dianna Duran resigned Thursday night, according to her attorney and Gov. Susana Martinez’s Office.

Duran’s resignation comes amid a criminal case waged against her by the New Mexico Attorney General’s Office. Friday morning,Duran pleaded guilty to two felony embezzlement counts and four misdemeanor counts stemming from the misuse of her campaign funds. Continue reading

APD officer shot at Walgreens in SE Albuquerque; suspect arrested

ALBUQUERQUE, N.M. – Albuquerque police say the officer who was shot near a Walgreens store in the southeast side of the city Wednesday night is in critical, but stable, condition Thursday morning.

The eight-year veteran of APD underwent two surgeries at UNM Hospital overnight. The department has not released his name to make sure all family members and close friends can be notified first. Continue reading

Secretary of state pleads not guilty to fraud, embezzlement charges; has no comment after court

Secretary of State Dianna Duran pleaded not guilty to charges of fraud, embezzlement and money laundering at her arraignment in District Court in Santa Fe Tuesday.

Eighteen days ago, New Mexico Attorney General Hector Balderas filed 64 charges against Duran, accusing her of withdrawing hundreds of thousands of dollars of campaign funds to pay off casino debts. Duran has not showed up to work since those charges were announced. Continue reading

APD officers charged with murder in James Boyd case plead not guilty, released

Two Albuquerque police officers charged with murder in the 2014 shooting death of homeless camper James Boyd pleaded not guilty to second-degree murder charges and were released on their own recognizance by a District Court judge Friday.

Keith Sandy and Dominique Perez were arraigned on the second-degree murder and aggravated battery charges. As conditions of their release, neither will be able to consume alcohol, drugs or be in possession of a gun. Continue reading

NM secretary of state accused of embezzlement, money laundering involving campaign money

The office of New Mexico Attorney General Hector Balderas filed a complaint Thursday alleging Secretary of State Dianna Duran embezzled and laundered money intended for her campaign into a personal bank account of hers.

The 44-page complaint says AG’s office investigators conducted an investigation after receiving a confidential tip that numerous cash deposits had been made into Duran’s account that were inconsistent with her known sources of income. Continue reading

Whistleblower lawsuit claims Valentino colluded with Gov. Martinez, Sec. Skandera to bring down APS CFO, put resigned admin. in place

Albuquerque Public Schools Chief Financial Officer Don Moya filed a whistleblower lawsuit Monday against the Albuquerque Public Schools Board of Education, APS Superintendent Luis Valentino and Public Education Department Secretary Hanna Skandera for his suspension after he blew the whistle on embattled former Deputy Superintendent Jason Martinez improperly handling APS contracts.

The lawsuit – filed by Egolf, Ferlic and Day LLC – says all defendants violated the New Mexico Whistleblower Protection Act and committed civil conspiracy when Valentino sent Moya a text message saying he was going to “go after” Moya for getting involved in contracts Martinez was trying to negotiate. Continue reading