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.
A trial involving the University of New Mexico Hospital began Tuesday morning in an Albuquerque district court room with opening statements from both sides and initial witness testimony from former UNM doctors and a risk management expert. The whistleblower lawsuit filed against UNMH alleges administrators in the school’s medical residency program unlawfully fired Dr. Cynthia Herald after she told her superiors a male resident raped her. Both sides made their respective cases to the jury of 4 women and 10 men. Update, Day Two: Medical school dean testifies in whistleblower lawsuit
Herald’s attorney Randi McGinn painted the picture of a female anesthesiologist, in her second year of post-medical school experience, who was “washed out” of her residency program and is now left with a besmirched record, unable to obtain a well-paying job. McGinn told jurors after Herald reported the rape, medical school administrators began grading Herald’s job performance negatively.
A trial involving the University of New Mexico and its medical facility began Monday with jury selection. But after a decision from a district judge and a high ranking court official, no one from the public, including media, was allowed to witness the process of how or why each side selected or rejected jurors. The case goes back to 2011 when Dr. Cynthia Herald filed a lawsuit against UNM Hospital and some of its administrators for firing Herald after she said a male doctor raped her. Herald and the male doctor were both residents at UNM at the time, but Herald was dismissed from the program shortly after she reported the rape to her superiors. UNMH has maintained from the beginning they kicked Herald out of the residency program for subsequent drug use while on the job as an anesthesiologist.
Campaign ads often use hyperbole to sway voters, but in recent weeks one Albuquerque mayoral candidate appears to have included misleading statements in his campaign material. Albuquerque City Councilor and mayoral candidate Dan Lewis has not held back on dark, ominous TV ads that say his opponent State Auditor Tim Keller will be soft on criminals. Lewis has cited an Albuquerque Journal editorial endorsing him for mayor in campaign materials, but he also claimed the paper criticized one of Keller’s votes while the Democrat was a State Senator. What Lewis cites is actually an opinion article written by a prominent Keller critic who helped fund other anti-Keller ads. Earlier this month, Lewis’ campaign announced the release of a TV ad attacking Keller for two of his votes in the state senate.
A New Mexico state district judge Wednesday ruled in favor of a Bernalillo County commissioner, whose 2016 opponent challenged his candidacy. Albuquerque District Judge Clay Campbell ruled County Commissioner Steven Michael Quezada was indeed a valid candidate even though he did not personally sign his declaration of candidacy statement last year. “Mr. Quezada appears to have properly adopted as his signature his name as it appears above the word ‘Declarant’ on his Declaration of Candidacy,” Campbell wrote in his ruling. Last year, after Quezada won the general election, his opponent Patricia Paiz challenged the win by pointing out Quezada’s wife filled out his declaration. Paiz and her attorneys argued that this eliminated Quezada as a valid candidate.
The third place candidate in this month’s mayoral election officially announced Wednesday his support of State Auditor Tim Keller in next month’s runoff election. Albuquerque attorney Brian Colón, who received 16 percent of the votes last month announced his endorsement of Keller. While the race is non-partisan, both are Democrats. Meanwhile, a candidate that received under five percent of the vote endorsed Keller’s opponent, Dan Lewis. Michelle Garcia Holmes, a former Albuquerque Police Department detective, endorsed Lewis.
Albuquerque’s mayoral runoff election is a month away and so far the two campaigns have stayed relatively quiet. But an upcoming ethics hearing and the city’s public finance rules could make the runoff election more complicated or at least open the door for more attack ads, particularly against State Auditor Tim Keller. Originally scheduled for Oct. 12, an ethics hearing for a complaint against Keller was moved to only a few days before the Nov. 14 runoff election—and well after early voting starts.
The federal government is investigating alleged discrimination by Albuquerque Public Schools against a student with a disability. The claim involves Michael Bruening, a 16-year-old autistic student who last saw an APS classroom in May 2015, according to his mother, Laura Gutierrez. The school district placed Bruening on homebound instruction, or education at home, but according to Gutierrez hasn’t done enough to support his educational development. Gutierrez, who said she does the bulk of instructing her son now, estimates he’s only attained education levels around the 6th or 7th grade. “I can’t teach him without him blowing up,” she said in a recent interview.