Prosecutors and defense lawyers have shielded records from public view without a judge’s order in New Mexico’s federal courts, an apparent violation of the U.S. District Court of New Mexico’s own rules, New Mexico In Depth has learned. Judges, not lawyers, are supposed to decide which documents are made available to the public and which should remain secret through an established protocol based in part on decades of case law: Attorneys must submit a written request asking a judge to seal records and a judge must consent before records are sealed. Despite this well-known standard, in numerous instances spread among three criminal cases, the New Mexico offices of the U.S. Attorney and the Federal Public Defender have decided unilaterally to make documents secret without a judge’s order, according to a review of federal court records by NMID. This story originally appeared at New Mexico In Depth. It is not clear how many of the thousands of federal court records each year have been sealed this way, but one federal public defender says the practice has gone on for years.
An Albuquerque city councilor is calling for a congressional investigation of a massive, undercover federal sting operation that targeted a poor, largely minority section of his district last year in an attempt to blunt the city’s gun and drug crime. Pat Davis, a Democrat who represents the International District and is running for Congress himself, filed a resolution on Friday that, if passed by the Albuquerque City Council, would ask New Mexico’s congressional delegation to push for hearings on the sting operation. The four-month sting was undertaken by the federal bureau of Alcohol Tobacco Firearms and Explosives (ATF). In addition, the resolution asks the ATF and the U.S. Attorney’s Office, which is prosecuting the 103 people arrested in the sting, to apprise city officials of the details of the operation. The resolution, which will be formally introduced at a Sept.
Jennifer Padilla’s boyfriend was pleading: Call people you used to run with, hook me up with some meth deals so I can pay off my Florida partners. He’d been robbed and needed cash, he kept saying. He’d be hurt if she didn’t. On parole after a year in prison for a string of Santa Fe burglaries and struggling to stay off drugs, Padilla was conflicted. Stepping back into the drug world unnerved her, but she refused to see the man she loved in danger. This story originally appeared in New Mexico In Depth, in partnership with the Santa Fe Reporter, and is reprinted with permission. Two calls to three old acquaintances led to a pair of methamphetamine deals last July.