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.
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.
An Albuquerque City Council committee voted Monday evening to defer for 90 days a resolution asking New Mexico’s congressional delegation to push for an investigation of a 2016 federal law enforcement operation that netted a highly disproportionate number of black people. Councilor Pat Davis*, who sponsored the measure, cast the lone vote to send it to the full City Council. This story originally appeared at New Mexico In Depth and is used with permission. Voting to defer the resolution were councilors Don Harris — who made the motion to delay the vote — Ken Sanchez, Brad Winter and Klarissa Peña. That means the council’s Finance and Government Operations Committee will rehear the resolution after 90 days during which time city officials hope to gather more information.
A new poll shows Tim Keller is in position to be Albuquerque’s next mayor. The poll by Carroll Strategies, an Albuquerque-based public relations firm, shows Keller, the state auditor, at 49 percent with Albuquerque City Councilor Dan Lewis at 39 percent. KOB-TV first reported on the poll. The results of the poll were provided to NM Political Report on Friday afternoon. The poll shows 47 percent believe Keller was the best person to address the crime problem in Albuquerque, while 35 percent preferred Lewis, with 18 percent undecided.
If voters needed a reason to bring their reading glasses and a snack to the polls on Tuesday, it was probably because of the 1,900-word Healthy Workforce Ordinance, which filled the back side of the ballot. As precincts reported results throughout the night, the results flip-flopped, but in the end, the initiative failed 50.39 percent to 49.61 percent. That was a margin of 718 votes out of over 91,000 cast. In short, the ordinance said employers in the City of Albuquerque would need to provide employees with paid sick time for their own or a family member’s illness, injury or medical care or for absences from work related to domestic violence, sexual assault or stalking. Attorney Pat Rogers, who represented the business coalition that sued to void the initiative, called Tuesday’s vote a “testament to the Albuquerque voter.”
“Voters actually read the ordinance and determined it was a very bad proposal for employees in particular, as well as employers,” he said.