For a second day in a row fireworks lit up behind the scenes, without the jury present in a whistleblower lawsuit filed against the University of New Mexico Hospital. Dr. Cynthia Herald, a former medical resident, filed the lawsuit, alleging she was fired after telling her bosses that a male colleague raped her. Update: The two sides reached a settlement.
Like Wednesday, tensions between lawyers simmered Thursday morning, prompting District Judge Shannon Bacon to address both counsels. “You all hate this case,” Bacon said to lawyers for both UNMH and Herald. Bacon’s comment came after UNMH lawyers requested a mistrial, the third request so far in the two-week-long trial.
After state and U.S. lawmakers called an editorial cartoon in the state’s largest newspaper racist and offensive, the editor-in-chief of the Albuquerque Journal issued an apology. In a statement, Karen Moses apologized for upsetting readers. “In hindsight, instead of generating debate, this cartoon only inflamed emotions,” according to Moses’s statement posted on the paper’s website Thursday. “This was not the intent, and for that, the Journal apologizes.”
Moses also said the cartoon does not reflect the position of the Journal. The Journal’s reporters, who work separately from the editorial board, covered the controversy in the paper’s Thursday edition.
The U.S. Department of Justice is again threatening to withhold some crimefighting funds from Bernalillo County over what the Trump administration has called “sanctuary” policies. The DOJ contacted Bernalillo County and 22 other jurisdictions, including New York City and the states of California, Illinois and Oregon, saying they violated the law that promotes sharing immigration enforcement information with the federal government. DOJ says the statute requires cooperation as a condition for receiving grants through the Edward Byrne Memorial Justice Assistance Grant Program. Wednesday, DOJ threatened to subpoena officials who do not comply with their documents request. The threat is the latest in the fight between the federal government and local jurisdictions they deem as “sanctuary.” There is no formal definition of a so-called “sanctuary” city or county, though the Trump administration generally uses it to refer to local jurisdictions that do not fully comply with federal requests to aid enforcement of immigration law.
Albuquerque Mayor Tim Keller and Albuquerque Interim Police Chief Michael Geier announced Thursday the elimination of half a dozen high-ranking police positions. Keller told reporters the reorganization is aimed at “eliminating a top-heavy structure.”
The APD rank of major will be eliminated, the two said, along with the assistant chief position. Under the new structure, Geier will oversee four bureaus, each run by a deputy chief, compared to six bureaus run by department majors. Keller told reporters he consulted with APD and decided to start from the top down to reorganize the department, which was also one of his campaign promises. “Like any reorganization, we are starting from the top,” Keller said.
Albuquerque Mayor-Elect Tim Keller announced new leadership positions for his administration this week, including an interim police chief. Keller announced on Monday that Sarita Nair will be the city’s Chief Administrative Officer. Nair is one of multiple members of his staff in the State Auditor’s office that will hold key positions in his administration. Nair will be the first woman to serve in the position in Albuquerque’s history. She worked in the State Auditor’s office as Chief Government Accountability Officer and General Counsel under Keller.
After a contentious trial filled with tears, frustration and sharp warnings from the judge, both parties in a whistleblower lawsuit came to an agreement late Thursday night. The confidential settlement between the University of New Mexico Hospital and a former resident came after almost two weeks of testimony and hours before the jury was set to hear closing arguments. Former UNMH medical resident Dr. Cynthia Herald sued the school, alleging she was pushed out of the program after she told her bosses she was raped by a male colleague. UNMH attorneys disagreed, saying they removed her from the residency program because she made many possibly fatal mistakes during surgeries, had a prescription drug problem and did not take responsibility for her shortcomings. Related: See all our stories from this trial Herald told reporters after the trial she feels “a huge sense of relief” but that the decision to settle was not an easy one.
A judge nearly threw the case out and a lawyer made a witness cry on the seventh day of trial in a whistleblower lawsuit against the University of New Mexico Hospital. Former UNM medical resident Dr. Cynthia Herald alleges UNMH officials unlawfully dismissed her from the residency program after she reported a colleague raped her. Update: The two sides reached a settlement.
After almost a full day of routine testimony, the judge came close to declaring a mistrial and had sharp words for Randi McGinn, one of Herald’s lawyers, over her comments to a witness outside the courtroom. Toward the end of the day’s proceedings, Dr. Sally Vender, an anesthesiologist, testified on behalf of UNMH. Vender described her friendship with Herald, which started when they were both first-year medical interns.
Tim Keller will be Albuquerque’s next mayor. Keller won the mayorship in a runoff election Tuesday night, easily defeating Albuquerque City Councilor Dan Lewis. Also on Tuesday, Cynthia Borrego won a seat on the city council, defeating Robert Aragon in a runoff election. With the Democrat winning, the party expanded its support on the council. “Tonight our city has awakened and our city has spoken and we have truly come together,” the Democrat told a crowd of supporters.
University of New Mexico lawyers questioned the former resident who brought a lawsuit against the medical school on Monday. UNM’s lawyers spent the day trying to poke holes in the testimony of Dr. Cynthia Herald, who alleges the medical school kicked her out of the residency program after she told administrators a male colleague raped her. Last week, Herald testified for hours about the events and UNMH’s response. Patricia Williams, a lawyer for UNMH, asked Herald what steps she took to preserve forensic evidence after the alleged rape. “Did you retain your underwear from that night?” Williams asked.
The City of Albuquerque Board of Ethics Rules & Regulations unanimously found that Tim Keller violated the city’s elections and ethics codes, but it did not impose any penalty. The board decided the case involving in-kind donations Monday, the day before voters cast ballots in the runoff election. Keller faces Dan Lewis after the two received the most votes in the first round of voting last month. Keller’s campaign received public financing, but his campaign accepted money as “in-kind” donations. Candidates who qualify for public financing are not allowed to accept private donations.
The former University of New Mexico medical resident who filed a whistleblower lawsuit against the university testified Thursday, the fourth day of the jury trial in Second Judicial District Court. Dr. Cynthia Herald, who accused medical school administrators of unlawfully firing her after she told them a male colleague raped her, gave her account of both the alleged rape and the aftermath. Herald told the jury that after the alleged attack she went home and took a shower before she began “soaking and crying for about an hour.”
“I just wanted to wash everything off of me down the drain,” Herald said. Herald also explained to the jury why she didn’t file a police report against the male doctor. “Instead of being the doctor who was smart or the doctor who was competent, I was always going to be known as the doctor who was raped,” Herald said through tears.