Slate of domestic violence measures on governor’s desk

If Gov. Susana Martinez signs a Senate bill into law, New Mexico will become the 46th state to specifically define strangulation as a serious violent crime. State Sen. Daniel Ivey-Soto, D-Albuquerque, who sponsored Senate Bill 61, called the Legislature’s unanimous support of the measure “a monumental achievement.” A former prosecutor, Ivey-Soto said he became aware of what he called the “insidiousness” of strangulation. It’s a powerful type of violence that signals to a victim “I have your very life in my hands,” he said. He credited the success of SB 61 to an aggressive, yearslong effort by victims advocates to educate lawmakers, attorneys, law enforcement officers and medical professionals about the prevalence of this potentially deadly act, which affects thousands of people in the state — sometimes with lifelong symptoms of brain trauma.

Lawmakers send omnibus crime bill to governor’s desk

New Mexico legislators rolled five different crime bills into one, then sent the measure to the governor Wednesday in what they called a bipartisan move to make communities and prisons safer. State senators approved the plan, House Bill 19, on a vote of 32-2. The measure already had cleared the House of Representatives on a 66-1 vote. Now the bill moves to Republican Gov. Susana Martinez for her consideration. Martinez herself pushed a number of crime bills during the 30-day legislative session, including an unsuccessful attempt to reinstate the death penalty.

Federal judge slaps NM attorney in bail reform lawsuit

A federal judge has taken the unusual step of ordering a politically ambitious New Mexico attorney to pay back the state for filing a “frivolous” lawsuit aimed at undoing efforts to reform the state’s commercial bail system. The attorney, Blair Dunn, a Libertarian who earlier this week announced a run for state attorney general, must pay “reasonable costs and attorneys fees” to the office he seeks to occupy by year’s end, under the ruling by Chief U.S. District Judge Robert A. Junell. This story originally appeared at New Mexico In Depth. Junell, a George W. Bush appointee from the Western District of Texas, presided over the suit because the Attorney General’s Office represented the judges Dunn was suing, from the New Mexico Supreme Court, the Second Judicial District Court and the Bernalillo County Metropolitan Court. Dunn sued last year on behalf of a group of state lawmakers, the Bail Bond Association of New Mexico and a woman who was released from jail last year.

Federal judge stops challenge against state rules on bail

A federal judge threw out a lawsuit by the bail industry, which was fighting rules established by the New Mexico Supreme Court on bail after voters approved a constitutional amendment in 2016. Judge Robert Junell dismissed the lawsuit with prejudice in an order filed Monday in federal district court. This means the case is effectively closed to another lawsuit. . The suit alleged that the rules adopted by the courts violated the Fourth, Eighth and Fourteenth Amendments to the U.S. Constitution.

Trump makes his pick for U.S. Attorney in New Mexico

President Donald Trump nominated a Santa Fe attorney to be the next U.S. Attorney for New Mexico. Trump announced Wednesday morning that John C. Anderson is his choice for the position, which has been vacant for nearl yeight months. U.S. Senators Tom Udall and Martin Heinrich, both Democrats, and U.S. Rep. Steve Pearce, a Republican, suggested  Anderson and Assistant U.S. Attorney Fred Federici as candidates for the position, which has been empty since March 10 when U.S. Attorney General Jeff Sessions asked Damon Martinez and more than 40 other U.S. Attorneys to resign. “The New Mexico delegation worked closely together to identify and recommend qualified New Mexicans for federal law enforcement appointments,” a letter from the three members of the delegation said. “We appreciate that the White House acted on our recommendations for U.S. attorney, and we offer our sincere congratulations to John Anderson.”

The U.S. Senate will need to confirm his appointment.

ABQ city council committee delays vote on ATF resolution

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.

DOJ threatens to withhold crime-fighting resources over ABQ immigration policies

The Department of Justice says for the city of Albuquerque to qualify for a partnership to combat violent crime, the city will have to comply with efforts federal immigration enforcement for immigrants who are detained. To qualify for the cooperation and funding, the DOJ says Albuquerque, and three other cities, must answer questions on how the city cooperates with federal authorities on immigration

“By protecting criminals from immigration enforcement, cities and states with so-called ‘sanctuary’ policies make all of us less safe,” Attorney General Jeff Sessions said in a statement. “We saw that just last week, when an illegal alien who had been deported twenty times and was wanted by immigration authorities allegedly sexually assaulted an elderly woman in Portland, a city that refuses to cooperate with immigration enforcement.”

The term “sanctuary-city” does not have a specific definition, but the term is usually used to refer to municipalities that don’t fully cooperate with U.S. Immigration and Customs Enforcement on enforcing federal immigration laws. The federal program in question is the Public Safety Partnership, announced in June by the DOJ. The City of Albuquerque currently does not use city resources to help federal authorities apprehend or identify undocumented immigrants unless otherwise required by law.

Feds agree to meet with ABQ black leaders about controversial ATF sting

The acting U.S. Attorney in Albuquerque will hear out local black leaders and their concerns over a massive, 2016 undercover sting operation that “sent shockwaves” through the city’s black community. Acting U.S. Attorney James Tierney agreed to meet in a July 11 letter to the  local chapter of the National Association for the Advancement of Colored People (NAACP) and the grassroots Sankofa Men’s Leadership Exchange. The groups’ leadership contacted Tierney after a series of stories by New Mexico In Depth that examined the operation conducted by the federal bureau of Alcohol Tobacco Firearms and Explosives (ATF). This story originally appeared at New Mexico In Depth and is reprinted with permission. The operation scooped up 28 African Americans — out of 103 arrested — or 27 percent, an “alarming” statistic, Dr. Harold Bailey noted in the NAACP’s letter.

NM high court sets precedent on suits for damages after shooting by APD

A unanimous New Mexico Supreme Court opinion this week will allow family members of a man killed by Albuquerque police to seek damages in district court. But, the decision also set a statewide precedent that would allow families to sue for damages even after the time limit for a wrongful death claim expires. All five justices agreed in an opinion filed Monday that the children of Mickey Owings can move forward with a lawsuit against the City of Albuquerque and the Albuquerque Police Department for loss of consortium damages, or damages from losing a spouse or parent. Owings was killed by an officer who was part of the now-disbanded Repeat Offender Project unit of APD in 2010. The city’s legal department issued a statement NM Political Report, similar to one issued to the Albuquerque Journal for a story earlier this week, noting that the Owings case will be heard in a lower court.

ATF used traveling, well-paid informants in ABQ sting

One of the men who helped the federal bureau of Alcohol Tobacco Firearms and Explosives (ATF) search for potential targets in a sweeping undercover drug and gun sting operation in Albuquerque last year is paid an $80,000 annual salary, court filings show. The man appears to have been released early from a 10-year federal prison sentence and goes “around the country with his handlers creating crime for the government to prosecute” as a ‘“confidential informant,” the documents say. Related: Feds’ sting ensnared many ABQ blacks, not ‘worst of the worst’

Another informant ATF brought to Albuquerque for the operation is paid $1,400 a week plus occasional “bonuses,” he said under oath, according to a recording from a state court hearing obtained by New Mexico In Depth. He did not say what the bonuses were for. That informant considers working for the ATF his full-time job.