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.
Three advocacy organizations are teaming up to intervene in and halt a lawsuit filed by business groups that want to reverse Albuquerque’s minimum wage and keep a paid sick leave ordinance off the ballot in October. The Center on Law and Poverty, which is acting as counsel, filed a motion to intervene and a motion to dismiss the lawsuit Thursday in Albuquerque district court. The Center on Law and Poverty, is representing a group of city voters who are members of Organizing in the Land of Enchantment (OLE) and El Centro de Igualdad y Derechos. The New Mexico Association of Commerce and Industry, NAIOP and the New Mexico Restaurant Association filed the lawsuit against the city earlier this month. The lawsuit contends that both city initiatives amount to illegal “logrolling,” which it refers to as “the presentation of double or multiple propositions to the voters with no chance to vote on the separate questions.” Attorney Pat Rogers, who is representing the business groups in the lawsuit, cites the fact that the proposed sick leave ordinance has 14 sections to it as an example.
Protesters, disappointed with a mistrial in the case of two Albuquerque police officers, blocked traffic, chanted and had a few tense moments with police Wednesday night in downtown Albuquerque. The protesters, under 100 at the peak and almost a quarter that by the end of the protest hours later, began at the 2nd Judicial District courthouse, before marching to the police station. After returning to the courthouse, protesters briefly clashed with police wearing tactical gear. Reporters saw pushing and shoving between the two groups. Police eventually got protesters to retreat to the sidewalk next to the courthouse without any arrests.
Among questions following the gruesome rape and murder last week of an Albuquerque girl that sent shockwaves across New Mexico is how one of the alleged perpetrators was present to commit the violence in the first place. Fabian Gonzales, one of three being charged in the murder of 10-year-old Victoria Martens, was supposed to be on supervised probation for a separate crime for a year-and-a-half before the night of Martens’ death. In Febraury 2015, a judge sentenced Gonzales, 31, to two years of probation after he pleaded guilty to battery and abandonment of a child. This two-year probation sentence, however, was never enforced. The sentence prohibited Gonzales from using illegal drugs and subjected him to random drug testing.
Mayor Richard Berry’s Albuquerque Rapid Transit project ran into a legal pothole when a state court judge ordered the City Council to – catch this – do its job and give ART opponents a hearing on a procedural, but also substantive, matter regarding the project. In what is a relatively rare legal procedure, Bernalillo County District Judge Victor Lopez issued a Writ of Mandamus to the Council ordering it to obey a city law that requires it to give ART opponents a hearing on the refusal of the city’s Landmarks and Urban Conservation Commission to explain why it has refused to explain its decision – or non-decision – in favor or ART. That body has has twice deferred making a decision on a challenge to ART’s design. Under city law, the Landmarks Commission is required to issue findings of fact, or explain why it has deferred a matter. And if the Commission declines to issue those findings of fact, the Council is required to hold a public hearing on the matter.
In what looks like a final decision, attorneys for a former state senator and prosecutors agreed on a judge to preside over the case. Brett Loveless will preside over the high profile case of Phil Griego, who is facing corruption charges related to a real estate deal that ended with his resignation from the state SEnate. The last time we checked in with the case, the Democrat from San Jose pleaded not guilty. This came in front of the eighth judge assigned to the case. Before District Court Judge Sarah Singleton took the case, the previous seven recused themselves.
Quickly after the Second Judicial District Court announced restrictions to journalists covering cases, journalists denounced and mocked the restrictions. The court admitted it was “overbroad” and said that the restrictions were being rewritten. A memo to members of the press titled “Media Access to the Courthouse” laid out the new restrictions and is dated June 2, though journalists received it on Wednesday morning, June 3. The memo acknowledges that “cameras and recording devices are allowed in the courtroom” as long as they abide by a rule set forth by the New Mexico Supreme Court. More from the memo, with quotes from the Supreme Court:
In addition, the media coverage must not “detract from the dignity of the court proceedings or otherwise interfere with the achievement of a fair and impartial hearing…”