New Mexico
Deschene motions to get back on Navajo presidential ballot after chief hearing officer’s firing
Chris Deschene, the former Navajo Nation presidential candidate who underwent a gauntlet of challenges to his presidential candidacy earlier this year before being removed from the ballot, has filed a motion with the Navajo Office of Hearings and Appeals to void the order that disqualified him.
The petition stems from the December removal of Richie Nez as the chief hearing officer of the Office of Hearings and Appeals. Under Navajo law, Nez was supposed to get licenses from the bar associations in either New Mexico, Arizona or Utah, in addition to being licensed in the Navajo Nation Bar Association.
However, Nez did not obtain a license from any of those states. He said at the time he wouldn’t appeal his firing because he knew it was a possibility.
“Mr. Nez had no authority to enter the OHA Orders in this mater, [thus] all such orders are void. Accordingly, the OHA Orders must be vacated and Mr. Deschene restored as a rightful candidate for President of the Navajo Nation,” reads the introduction to the petition filed Monday by Deschene’s attorney, Edward J. Hermes.
Deschene’s removal came on the heels of Nez requiring Deschene to take a language fluency test, something that had not been asked of other candidates. Under Navajo law, presidential candidates must be able to speak and understand the language fluently and be able to write and read English fluently as well.
The postponed presidential election had been originally rescheduled for Dec. 23, but was pushed back to 2015, though no solid date has been set at this point. Joe Shirley Jr. and Russell Begaye are currently set to be the two candidates on the presidential ballot.
Albuquerque pilot, girlfriend on board missing plane
An Albuquerque pilot and his girlfriend, a teacher, were on board a single-engine plane reported missing Monday, according to a family friend.
New Mexico State Police confirmed Howard Guthrie and Melissa Watson took off from the Moriarty Airport en route to Pagosa Springs, Colorado, on Friday. The plane was scheduled to land in Pagosa Springs at 5 p.m. Friday and return this past weekend, however, officials say the plane never made it to Pagosa Springs.
“We think that they’re out there somewhere and need help,” said long-time friend, Matthew Pena.
Civil Air Patrol officials told KOB the pilot was advised of poor weather conditions in the area at the time.
On Tuesday, the Archuleta County Sheriff’s Office said the plane’s flight path came to an end just west of Buckles Lake in the San Juan National Forest. The county assembled three ground rescue teams to search the area near the plane’s last GPS reading. Three aircrafts will also patrol the area, rotating every hour.
Officials said fresh snow from the weekend could be covering the plane if it went down.
At this time, the sheriff’s office says there is no confirmation that the plane crashed.
Guthrie is the registered owner of the single-engine Mooney M20 plane, according to Federal Aviation Administration and National Transportation Safety Board records.
Watson is a teacher at Valle Vista Elementary School in Albuquerque. Her young son also attends the school.
“The fact that neither one of them has contacted family or friends in four days is very alarming,” said Pena. “Something is definitely wrong because she’s a great mother and great teacher and she would contact her place of employment and her son for sure.”
The search will continue until dark Tuesday and will begin again Wednesday morning.
This is a developing news story; stay tuned to KOB.com and KOB Eyewitness News 4 for the latest details.
A family friend has set up a GoFundMe account where you can donate online.To visit the GoFundMe page: Click Here
Editor’s note: An earlier version of this story stated that the pilot was from Rio Rancho based on the plane’s registration. The pilot is from Albuquerque.
-With Elizabeth Reed; originally published at KOB.com
Navajo Nation Council fails to override presidential veto on language requirement
The Navajo Nation Council could not garner enough votes Thursday to override President Ben Shelley’s veto of a motion to amend the language requirement for government seats, including president, to give voters the say of which candidates are fluent in the Navajo language.
The council would have needed 16 ‘yea’ votes to override the veto, but got only 13 in favor. Five council members voted against the override, and four did not vote.
The Navajo Nation Council’s Naa’bik’iyati’ Committee passed a resolution Wednesday 12-5 to override the veto, which sent the motion to today’s council special session.
Voting against the override were Joshua Lavar Butler, Kenneth Maryboy, Leonard H. Pete, Alton Joe Shepherd and Dwight Witherspoon.
Lorenzo Bates, Elmer P. Begay, Russell Begaye and Jonathan Nez did not vote.
Roland Tso, who was sworn in as a new member of the council Thursday morning prior to the vote, voted in favor of the override, as did George Apachito, Mel R. Begay, Nelso S. BeGaye, Lorenzo Curley, Charles Damon, Jonathan Hale, Walter Phelps, Danny Simpson, Roscoe D. Smith, Duane Tsinigine, Leonard Tsosie and Edmund Yazzie.
This was effectively former presidential candidate Chris Deschene’s last chance to get on the presidential ballot.
Testimony said more than 8,000 signatures in support of the override had been collected and brought to the council chambers, and that only 200 signatures had been collected opposing the override.
There was also testimony from Former Miss Navajo Karletta Chief that Deschene had spoken more Navajo at debates prior to this year’s primary than several other candidates.
The delayed presidential election is to be held on December 23. Voters will have to choose between Joe Shirley, Jr. and his vice presidential candidate Dineh Benally, and Russell Begaye and his VP candidate, Jonathan Nez.
Navajo Nation committee votes to override president’s language requirement veto; full council vote next
The Navajo Nation Council’s Naa’bik’iyati’ Committee passed a resolution Wednesday 12-5 to override President Ben Shelley’s veto on changes to the language requirement in the Navajo Nation election code.
The veto must be overridden by a two-thirds vote of the full council.
Russell Begaye and Jonathan Nez will not be able to vote during the council’s vote, as they are currently on the presidential ballot. However, though they will be recused from the council vote, they will be considered voting members and raise the number of votes required for the two-thirds override.
The postponed presidential election has been tentatively rescheduled for Dec. 23.
The council is scheduled to meet in a special session on Thursday and Friday. The veto override measure was placed on the council’s agenda, according to a spokesperson for the Office of the Speaker. The spokesperson said the item is first on the agenda. The session is scheduled to start Thursday at 10 a.m.
There are also currently two vacant seats on the council, so paired with the inclusion of Begaye and Nez, the council would have 22 voting members. This means the council will need 15 votes to override the veto during the special session, three more than 12 votes garnered by the committee Wednesday.
The Speaker’s Office spokesperson said the office was unsure how a successful override of the veto would affect the election, and said the issue could go back to court.
The resolution to pass the amendment to the language requirements for office was passed Oct. 24 and vetoed by Shelley Oct. 28.
The Navajo Nation Supreme Court ruled Oct. 31 that presidential candidate Chris Deschene would not be on the original Nov. 4 election ballot and ruled that the Navajo Nation Board of Elections was in contempt of court for not following through with a previous Supreme Court decision to postpone elections and remove Deschene from the ballot.
APD officer Keith Sandy retires from department
Albuquerque police officer Keith Sandy submitted a notice of his retirement to APD Tuesday, according to APD spokesperson Tanner Tixier.
Sandy has been heavily-scrutinized for his role in the shooting death of homeless camper James Boyd earlier this year.
A KOB investigation revealed that hours prior to shooting Boyd in a standoff involving APD and New Mexico State Police, Sandy told another officer he wanted to shoot Boyd in the groin.
An FBI investigation into Sandy’s shooting of Boyd is ongoing, but Sandy has not been indicted. Under New Mexico law, Sandy would not be entitled to a pension if he filed for retirement after a conviction.
The State Public Employees Retirement Association determines retirement eligibility and calculates pensions. KOB has requested Sandy’s documents, but will likely not see them until Wednesday at the earliest.
Sandy is also no longer listed on the City of Albuquerque’s transparency website, though a city spokesperson said that doesn’t necessarily mean he’s out of the payroll system.
Two hours before Sandy shot and killed homeless camper James Boyd, he was recorded telling another officer that he would shoot Boyd in the penis with a shotgun.
Sandy responded to the scene on March 16th where Boyd refused to come down from a makeshift campsite in the foothills near Tramway and Copper. At the scene, Sandy saw former colleague State Police Officer Chris Ware. Sandy didn’t realize it, but Ware’s dash cam was rolling and picked up their conversation.
Sandy: What do they have you guys doing here?
Ware: I don’t know. The guy asked for state police.
Sandy: Who asked?
Ware: I don’t know.
Sandy: For this f***ing lunatic? I’m going to shoot him in the penis with a shotgun here in a second.
Ware: You got uh less-lethal?
Sandy: I got…
Ware: The Taser shotgun?
Sandy: Yeah.
Ware: Oh, I thought you guys got rid of those?
Sandy: ROP’s got one…here’s what we’re thinking, because I don’t know what’s going on, nobody has briefed me…
Civil rights attorney Shannon Kennedy represents Boyd’s family in a wrongful death suit against APD. Kennedy believes Sandy spelled out his intentions, then carried them out.
“Two hours later he’s escalating the situation so he can do just that,” Kennedy said in an exclusive interview with 4 Investigates. “It’s chilling evidence and stunning that he has not been criminally indicted. He says to a state police officer ‘that f’ing lunatic, I’m going to shoot him in the penis. It’s crystal clear and he says it with contempt in his voice.’”
In April, APD internal investigators asked Sandy about what he meant by the “shooting in the penis” comment. In an internal investigation transcript, sandy is quoted saying,
“Jokingly, just kind of locker room banter, just told him, you know, ‘Don’t worry. I’ll shoot him in the pecker with this and call it good.’”
But a few minutes later, the transcript shows that Sandy recanted his statement. The investigator asked, “Did you say anything to Chris Ware about shooting him in the pecker?”
Sandy responded, “I don’t…no, I don’t think I did.”
In the transcript, Sandy gave the internal investigators a lengthy explanation how the officers working in the Albuquerque Police Repeat Offenders Program (ROP) often make cruel and crude jokes. In fact, Sandy described the hostility among his peers getting so bad that the officers adopted a “safe word.” When officer use the safe word, CHINA, all jokes must stop. Sandy told investigators he was merely making a crude joke when he said he wanted to shoot Boyd in the penis.
“Of course it’s not a joke because he went forward and actually shot him,” Kennedy said. “Clearly he has complete disregard for people suffering from mental disabilities. He calls him an expletive lunatic and then in the next breath says I’m going to shoot him in the penis. What is so mortifying about this shooting, and thank goodness we have a tape to show exactly what he did– which is instead of shooting him in the penis, he shoots him in the lower back. So had James Boyd not turned around at that moment to set down his bags, he would have been shot in the penis.”
Sandy, according to an APD spokeswoman, is on administrative leave, but may still carry his gun and badge.
Navajo Board of Elections in contempt of court; Nov. 4 elections to go forward except presidential election; Deschene likely off ballot
ALBUQUERQUE — Two members of the Navajo Nation Supreme Court – Chief Justice Herb Yazzie and Associate Justice Eleanor Shirley – ruled Friday in Chinle, Arizona that the Navajo Election Board of Supervisors were in contempt of court for not adhering to its demands to postpone the Nov. 4 election and remove Chris Deschene from the ballot.
At the adherence of Executive Director of the Navajo Election Administration Edison Wauneka, who was not held in contempt, the court determined that the Nov. 4 elections will go forth as planned except the presidential election, which will be held in a special election at a later date. Continue reading
Navajo Board of Elections in contempt of court; Nov. 4 elections to go forward except presidential election; Deschene likely off ballot
ALBUQUERQUE — Two members of the Navajo Nation Supreme Court – Chief Justice Herb Yazzie and Associate Justice Eleanor Shirley – ruled Friday in Chinle, Arizona that the Navajo Election Board of Supervisors were in contempt of court for not adhering to its demands to postpone the Nov. 4 election and remove Chris Deschene from the ballot.
At the adherence of Executive Director of the Navajo Election Administration Edison Wauneka, who was not held in contempt, the court determined that the Nov. 4 elections will go forth as planned except the presidential election, which will be held in a special election at a later date.
The court said that Wauneka had asked for legal advice on how to proceed with the prior election rulings but had not received any.
Deschene will be removed from that presidential ballot, as per Wauneka’s adherence to the Supreme Court’s order, effectively ending his presidential hopes.
It is unclear whether or not Leonard Tsosie’s petition to override President Ben Shelley’s veto of the language fluency requirement would do anything to change this outcome, even if the Navajo Nation Council can obtain a two-thirds vote to override the veto. The overriding veto would still have to be applied retroactively to the special election.
Chief Justice Herb Yazzie brought Wauneka before the court before ruling on the issue, asking him whether or not he would adhere to the court’s orders, lest he be held in contempt as well.
Wauneka said 97,000 ballots have already been mailed to polling places across the Navajo Nation, and that it would cost $285,000 to conduct the special election for presidency at a later date. He said that there is already legislation in the hands of the Speaker Pro-Tem’s Office for him to sponsor the bill.
“The court will not order detention [for the board], and quite frankly, when you have a situation like we have now, open defiance and very public statements that the board doesn’t bow to the courts…this court will not further a political atmosphere to it. We won’t create martyrs here, because there has to be an end to this problem that we’ve got,” Yazzie said in his ruling.
“We cannot allow that to occur if this society is allowed to live by the rule of law.”
Yazzie noted the seriousness of the contempt of court proceedings as well.
“Whenever high-level government officials are called to the court in a contempt proceeding, you know and we know that there’s a governmental crisis, and the consequences have to be meaningful for the creation of that crisis,” Yazzie said.
“We have heard in this show-cause hearing the motion and the response. We find that the government did not show cause why the government should not be held in contempt. They offered nothing that would demonstrate that they made an effort to comply with the order.”
Yazzie also said at a hearing 20 minutes later to discuss attorney’s fees that a newer law says that Wauneka, as director of the election administration, will have to send official letters to each Board of Elections member notifying them their seat will be declared vacant.
“The Navajo Nation Election Administration, upon adequate documentation, shall provide written notice to officials that he/she has failed to maintain the qualifications of office, and that his or her position will be declared vacant.”
He added that this law means some of the election board supervisors who are running for re-election could be disqualified as they have not “maintained [their] qualifications.”
PETITIONING ATTORNEY GIVES PASSIONATE ARGUMENT
David R. Jordan, the attorney for petitioner Dale Tsosie, gave oral arguments for the petitioners. He demanded the Supreme Court uphold its own previous decisions in a passionate display to the packed courtroom.
“As we sit here today, on the brink of Election Day, the election has not been postponed, ballots have not been reprinted, and [the Board of Elections] intend to keep Mr. Deschene on the ballot,” Jordan said. “Today, they continue in defiance of your order; there must be consequences.”
Jordan suggested Board of Elections members had violated their oaths of office by not adhering to the court’s orders and suggested the Supreme Court remove every one of them from office and direct the Election Administration to continue the court-ordered election demands without interference.
“The credibility of the court is at stake,” Jordan told the courtroom. “The Navajo Nation is a nation of laws, not a nation run by the mob.”
“The time for talking has passed; the time for deliberation has passed,” Jordan said. “The court’s credibility is only going to be validated if it takes steps today to ensure that, as the highest court of the land, to ensure careful details are honored, obeyed and followed, and if they are not, that consequences – strong consequences – follow.”
RESPONDENTS’ ATTORNEY RESPONDS
Steven C. Boos, a Durango, Colorado-based attorney representing the Board of Elections, Election Administration, and Deschene in this hearing, was then given 15 minutes to address the court.
Boos, who was retained just this week for this specific hearing, began by talking about his previous experience with Navajo Nation law, though he admitted he was inexperienced.
“How awkward it makes me feel as a non-Indian to discuss Navajo Nation law,” Boos said to begin.
He then dug in to his response to the contempt of court motion filed Monday.
“When I first saw the order for a motion to show cause, I was shocked,” Boos said. “Because here, in a system that has tried as hard as it can to be different, to not have same western mentality of punishment rather than finding harmony, there was this coercive document…to strong-arm them into making this choice in a way that is totally inconsistent with what I understand to be the free will of the Navajo people.”
“[This is] the same mistake. The law is not a machine that you can throw something in a machine, crank it, and get a result. And if they don’t like it, throw [the board] in jail and strip them of their offices,” Boos continued.
He then argued that the action of the court to postpone the election was “deeply wrong,” and said, “This isn’t about a postponement, it’s about the termination of an election already taking place. So the board is being asked for those thousands of Navajos who already made their choice and exercised free will.”
He also said that the court’s prior decisions had established that fluency should be up to each individual voter.
But Yazzie fired back, asking Boos if “the Supreme Court’s order is a mere opinion,” to which Boos replied, after some hesitation, “No.”
“The order said the election had to be postponed,” he continued. “The problem is it’s already going on. How can you order the postponement of something that is already happening?”
Associate Justice Eleanor Shirley stumped Boos when she asked him when early voting began and he said he didn’t know. He said about 8,000 people had already voted.
“The right to choose leaders and participate in Navajo Nation political processes are fundamental; they are not absolute,” Shirley said.
ATTORNEY’S FEES SETTLEMENT
The hearing that took place 20 minutes after was the continuation of a hearing from earlier Friday, in which attorney’s fees stemming from Hank Whitethorne and Dale Tsosie’s original petition against Deschene’s fluency were assessed.
David R. Jordan and Justin Jones, the attorneys representing the two petitioners, agreed with Deschene’s attorney that Deschene will pay both Jordan and Jones $3000 each for fees assessed.
STATEMENT FROM DESCHENE
Chris Deschene’s presidential campaign released a statement Friday afternoon following the ruling on the ‘Chris Deschene for Navajo Nation President’ Facebook page:
“Supporters, I’m very disappointed in today’s Supreme Court decisions. This isn’t about the $6,130.83 I was absurdly ordered to pay to remove myself from the ballot by covering my opponents legal fees. Or the presidency I was striving to earn. This is about the message the court sent to you.
This ruling could have a chilling effect on the future of our elections. It sends a dangerous message that your vote doesn’t count.
This upsets me most. Because as Dine, we have an election Tuesday, despite the uncertainty of my candidacy. We have a congressional representative to elect. We have a governor to choose. We have council positions to fill. We have school board and chapter positions to fill. It’s our responsibility to vote.
As far as the future of my presidency, we have one remaining option, and that’s the pending veto override. Call your delegates. Voice your support.
And know that regardless of the outcome, I appreciate your ongoing support. I’m proud of what we have accomplished, together.
Vote Tuesday. It’s critical.”
Navajo Nation delegate motions to override president’s veto; contempt of court hearings to be live-streamed Friday
Navajo Nation Council Delegate Leonard Tsosie filed a motion Tuesday evening to override Navajo Nation President Ben Shelley’s veto of the language requirement resolution to the Navajo Nation Election Code. The motion was released to KOB Thursday.
Shelley vetoed the resolution Tuesday after it was passed by the Navajo Nation Council Oct. 23. The veto can be overridden by a two-thirds vote by the Navajo Nation Council.
The motion is now open for a comment period, which will last through Nov. 2. The motion is eligible for action Nov. 3, the day before the scheduled Navajo Nation election.
The Navajo Nation Supreme Court will also live stream the contempt of court hearing Friday that will determine if presidential candidate Chris Deschene, the Navajo Board of Election Supervisors and the Navajo Election Administration should be held in contempt for not adhering to the Supreme Court’s ruling that Deschene be removed from the presidential ballot and the election be postponed.
The live stream for the hearing can be viewed starting at 10 a.m. Friday here.
Dale Tsosie and Hank Whitethorne, the two men petitioning against Deschene’s candidacy, filed that motion Monday.
But the Navajo Nation Election Board Commissioner, Wallace Charley, was adamant that the elections board will not follow those orders.
The Navajo Nation Election Board Commissioner, Wallace Charley, told KOB Tuesday that the board will go to jail before it removes Chris Deschene from the presidential ballot for the upcoming election.
“The Navajo are citizens of the United States; there is a constitution that gives the principle that people have a right to vote, and their votes cannot be denied,” Charley told KOB. “So based on that, the Navajo Board of Elections Supervisors will not back off on this principle. Whether that means going to jail – fine. We’ll go to jail and see what comes out of this.”
Navajo Election Board Commissioner: ‘We’ll go to jail’ before removing Deschene’s name from ballot
ALBUQUERQUE — The Navajo Nation Election Board Commissioner, Wallace Charley, told KOB Tuesday that the board will go to jail before it removes Chris Deschene from the presidential ballot for the upcoming election.
Charley said the board members will act in opposition to the Navajo Supreme Court’s ruling to remove Deschene from the ballot last Friday, as well as Navajo President Ben Shelley’s Tuesday veto of the resolution that would have removed the language fluency requirement for multiple government positions, including the president. Continue reading
Navajo Election Board appeals to Navajo Attorney General to clarify upcoming election steps
The Navajo Nation Election Board passed a motion Monday with an 8-0 vote to continue with the November 4 election, but the motion has asked Navajo Attorney General Harrison Tsosie to give legal opinion on how to comply with the Navajo Supreme Court’s order to postpone elections and remove candidate Chris Deschene from the ballot.
Levon Henry, the Chief Legislative Council for the Navajo Nation, told KOB Monday that the Election Board asked the attorney general for input on how to proceed with the election and language requirement initiatives.
Henry also said that Dale Tsosie and Hank Whitethorne, the two petitioners against Deschene’s candidacy, have filed a show-cause motion asking the court to bring the three men in front of the court to ask why its orders have not been complied with.
The Navajo Times called it an ‘Order of Contempt.’
The attorney general will have to answer several questions in particular relating to the election. First, he will have to determine the legal process for moving a qualified candidate up when another candidate is disqualified.
Russell Begaye, who took third in June’s presidential primary, would be moved onto the ballot if the ruling disqualifying Deschene goes into effect.
Another question Attorney General Tsosie will have to answer is what happens if the election is stopped, since absentee ballots and early voting ballots have already been submitted with Deschene’s name. He will also have to clarify the process of selecting a vice president and certifying them, as that position is not currently up for vote.
Tsosie said that the Navajo Department of Justice represents the Navajo Nation’s judicial branch, legislative branch and executive branch, and said there would be no conflict of interest in sorting out the law and measures.
The Election Board’s decision is based off Navajo people’s continuing support of Deschene, despite him being ruled off the ballot, according to board members.