District Attorney Raul Torrez is head of the largest DA’s office and law firm in the State.

After being on the job for less than six weeks, Torrez is already complaining before the legislature his office does not have enough resources to do its job. (See February 11, 2017 Albuquerque Journal “BernCo DA says crime “out of control” in county, page A-2)

Torrez says criminal justice in Albuquerque is in dire need of change, and he like APD Chief Gordon Eden and the Mayor Berry finds it easy to blame his predecessor or the Judicial system and the impact of “catch and release” of repeat offenders on public safety. (See Albuquerque Journal, “Justice Derailed”, February 11, 2017, page A-1)

Why not, it’s easier to blame someone else, especially the court’s, than to just buckle down, do your job and find a solution to the problems even if you did not create them.

On closer look, the overall budget for the Bernalillo County District Attorney’s office is $18,128,000 with personnel salaries & benefits compromising $16,809,000.

The Bernalillo County District Attorney’s budget dwarfs all other DA offices in the State, as it should, because it has the highest case loads.

The DA’s office employs 287 people which include 108 attorneys, 35 Prosecution Specialists, 15 Victim advocates, 15 investigators 114 Support Staff.

Actual felony grand jury indictments are down by 50% from 8 years ago, yet Torrez says he needs more staff.

Based on my own experiences with the District Attorney’s office, Torrez can do the job with the resources he has and he should just get to work and stop complaining.

Mr. Torrez will be surprised what can be done when he starts to manage and hold people accountable within the office for doing their jobs.

When I was appointed Chief Deputy District Attorney by District Attorney Jeff Romero, we were faced with the identical dilemma of heavy case loads, stacks and stacks and stacks of files in the hallways because of no storage, a poor case management system and poor working conditions in a deteriorating building, low salaries and bad morale.

We successfully lobbied the County Commission for construction of a new District Attorney’s office and worked closely on the construction of the new District Court House.

Four years later and when we left, the District Attorney’s office was in the best shape it had ever been with increased staffing, salary increases, a case management system, the construction of a brand new District Attorney’s Office and significantly reduced cases loads to the national standard, especially the violent crime divisions.

Torrez can get the job done, but it will require him to make difficult decisions, decisions he was elected to make, especially when it comes to caseloads.

My suggestion to Torrez is try managing first, make changes within the office, before complaining to the legislature.

http://www.kob.com/investigative-news/officer-shortage-traffic-tickets-issued-bernalillo-county-hit-low-albuquerque-police-apd-sheriff-office-bcso/4392806/?cat=500

TRAFFIC COURT ARRAIGNMENT PROGRAM

In 2006, as a Deputy City Attorney, I was tasked with implementing the Traffic Court Arraignment Program where Assistant City Attorneys and paralegals were hired and assigned to the Bernalillo County Metropolitan Court to negotiate plea agreements in traffic cases at the time of arraignments.

A Metropolitan Judge is assigned on a rotating basis to approve the plea agreements negotiated, and on any given day as many as 500 cases can be negotiated, resolved and approved by the Court.

When a person is stopped and issued traffic citations, the citing sworn officer determines if the driver will contest the citations and if the driver wants to contest the citations an arraignment date and time is immediately scheduled.

The Metropolitan Traffic arraignment program streamlined the process, saves time and money and negates the appearance of police officers at the arraignments.

There are upwards of 170 different traffic violation citations that can be issued by sworn law enforcement.

The most common traffic citations include speeding, reckless driving, careless driving, failing to stop, improper lane change, no registration, no insurance, suspended drivers license, failing to yield, and open container.

Fines for traffic citation carry civil penalties as low as $5.00 to as much as $1,000 in fines.

Failure to have insurance for example is a $1,000 fine.

The average Metropolitan Traffic Court arraignment case results in court fees and fines anywhere from $65 to upwards of $250.

APD PERSONNEL SHORTAGE

In 2009, there were 86,175 traffic arraignment cases in Metro Court and in 2015 traffic cases dropped to 31,163, or over 55,000 fewer traffic citations.

There is a direct correlation between the dramatic decline in the number of traffic citations and arraignments and the severe decline in APD personnel.

The number of APD sworn officers has fallen from 1,100 officers to 850 over the past seven years.

In 2009, APD had 1,100 police officers with approximately 700 assigned to field services, patrolling our streets over three shifts.

In 2009, APD had a traffic unit that had upwards of 40 patrol officers and today it is at less than 10.

Fewer APD sworn officers patrolling our streets results in fewer traffic citations.

Fewer cases results in fewer fines and it has a direct fiscal impact on court programs such as DWI education programs.

In 2015, APD has 841 sworn police officers with only 440 assigned to the field services patrolling responding to 69,000 priority one 911 emergency calls a year.

It takes an average of 15 minutes to dispatch a police officer to 911 emergency calls, which endangers public safety.

CONCLUSION

Based on review of the Metropolitan Court statistics, DWI arrest and traffic code enforcement are a very low priority of APD, not out of desire, but out of necessity.

With APD field officers responding to over 69,000 priority one calls a year, not to mention thousands of lower priority calls, it is surprising the statistics are not worse at Metropolitan Court.

APD can no longer be proactive traffic enforcement.

The net result is that Albuquerque streets are dangerous to drive.

Albuquerque Mayor Berry once again revealed his hypocrisy at a press conference to announce the creation of the city department the “Office of Immigrant and Refugee Affairs”. (See Albuquerque Journal, “City unveils immigrant affairs office”, Metro & NM, Section C-1, February 8, 2017.)

The office is intended to serve Albuquerque’s immigrant and refugee community by acting as a point of contact with other agencies that serve them.

Berry said the new city department will help immigrants and refugees without regard to their legal immigration status and that it will help allay the fears of people in Albuquerque’s immigrant and refugee community.

When asked if the office would serve people who lack legal immigration status, Berry said “It is not our job to check on that. That’s not what this office is about.”

Berry in the past has had no problem inviting immigration authorities into city facilities to check on immigration status of people.

Berry said “There has always been rhetoric from the left and right regarding immigration … But I do not think it has ever been ramped up to the level we’ve seen most recently”.

It has been mostly right wing Republicans that have ramped up the rhetoric on immigration in the past and it was done by none other than candidate Richard Berry.

Berry used the issue of “sanctuary city” in 2009 to get elected the first time with his supporters driving a vehicle around the city with a billboard mounted on it condemning then Mayor Marty Chavez making Albuquerque a “sanctuary city” for immigrants.

After elected, Mayor Berry declared that Albuquerque was no longer a sanctuary city.

In 2010, Berry ordered the implementation of a policy that screened every person who is arrested, no matter the offense, such as misdemeanor DWI, shoplifting, drug possession, to see if the person is in the country legally.

By Berry’s orders, US Immigration and Customs agents (ICE) were allowed into city jail holding facilities to screen virtually all people arrested and brought in by APD and determine their immigration status.

In 2010, Berry said, “If convicted, they will serve their sentence and could be deported. I’m not looking at this as an immigration issue, but more as a public safety issue,” said Berry.

The truth is once ICE determines a person is not in this country legally, it will take that person into custody and institute deportation action.

What Berry was endorsing with allowing ICE into city holding facilities to screen people is the deportation of people no matter the offense and no matter their guilt or innocence of people arrested and taken into custody by APD.

Albuquerque City Councilors introduced a measure to reaffirm a 16 year old resolution making Albuquerque an Immigrant friendly community.

I wonder if Berry will have a press conference to sign it if it passes or will he veto it?

To me, the need for comprehensive immigration reform is a very personal because of my grandparents who were Italian immigrants.

In the year 1900, Albuquerque had a population of only 10,000 people and New Mexico was a territory.

Around 1900, Italy was governed by a very oppressive and corrupt government imposing restrictions on people’s freedoms and unemployment was very high.

According to the manifest of the ship my grandfather Lorenzo Dinelli came to the United States on, he arrived in New York City on March 24, 1900, 12 years before New Mexico became a state.

My grandfather was from Luca, Italy, he was 19 years old, single, he could not read nor write, he could not speak English, his occupation was listed as a “farmer” , he had one piece of luggage, a little money and that was it with dreams of becoming an American citizen.

My grandfather’s ultimate destination was Albuquerque, New Mexico to be with his brother Pietro Dinelli who settled in Albuquerque around 1898.

My grandfather and his brother became American citizens years later as did my grandmother, Rachaelle, who also immigrated from Luca, Italy.

After immigrating to the United States, my grandparents became American citizens, lived in Albuquerque the rest of their lives and lived the American dream.

My grandparents raised two sons, Pete my uncle, who I was named after and Paul my father.

My grandparents also sent their two sons off to fight in World War II.

My Uncle Pete Dinelli paid the ultimate price to fight for and preserve our freedoms and he was killed in action when he stepped on a landmine.

My father Paul Dinelli became a disabled American Army veteran, and he too paid a price with a service connected disability.

During World War II, the United States was at war with Italy and the Fascist Dictator Benito Mussolini and the Axis powers including fascist Hitler’s Germany and Imperial Japan and Emperor Hirohito.

A story my father once told me was that before enlisting to fight in World War II, things got so bad for Italian Americans that he remembered federal government officials showing up to my grandparents home to find out if they owned “radios” and any guns and if they still had loyalty to Italy their country of origin.

Also during World War II, internment camps were set up in California for Japanese Americans, which is a shameful chapter in our country’s history of intolerance of minorities, perceived as enemies of the state, even when many were Americans.

I have no doubt my grandparents loved this country unconditionally, understood completely the meaning of our freedoms, what this country is all about and the importance of preserving our way of life and our freedoms.

Our freedoms of religion, free speech, freedom of the press, freedom of association and due process of law, presumption of innocence until proven guilty are among the most precious rights we have that so many have fought to preserve and who have given so much for in this country’s history, including members of my own family.

President Trump to his chagrin is quickly learning that this country is one of laws, not of men.

Mayor Berry is about to learn a similar lesson and how he has dealt in the past with the Albuquerque’s immigrant community.

A U.S. Federal Judge imposed a nationwide hold on President Trump’s ban on travelers and immigrants from seven predominantly Muslims countries, siding with two states that challenged the President’s executive order. (See Albuquerque Journal, “U.S. Judge blocks Trump’s travel ban”, February 4, 2017, page A-1)

The federal judge ruled that the states suing had met their proof of “immediate irreparable harm”.

Trump quickly “tweeted” his objections by referring to that “so called judge”.

President Trump’s executive order to ban Muslims traveling from Muslim countries is alarming and no doubt unconstitutional.

Days after President Trump spoke of a “running war” with the media, Chief White House strategist Stephen K. Bannon said the media had been “humiliated” by the election outcome and describing the media as “the opposition party” and that the media needs to just “keep its mouth shut”.

Trump and his administration obviously have forgotten that religious freedom, freedom of speech and of the press is guaranteed by our constitution and that we are a nation of laws and immigrants.

Then you have Albuquerque Mayor Berry’s hypocrisy on full display when he met with members of the Albuquerque’s Islamic community after President Trump’s ban on Muslims traveling to the United State from Muslim countries. (See January 31, 2017 Albuquerque Journal, “Mayor, Islamic leaders meet; New round of concerns for safety of Muslims”.)

Berry was quoted as saying “We need a city where all of our families and communities feel safe. It’s time like this where we have to stand shoulder to shoulder regardless of background.”

The hypocrisy is that Mayor Berry used the issue of “sanctuary city” in 2009 to get elected the first time with his supporters driving a vehicle around the city with a billboard mounted on it condemning then Mayor Marty Chavez for making Albuquerque a “sanctuary city”.

In December, 2000, by a unanimous bipartisan vote, the Albuquerque City Council enacted an “immigrant-friendly” policy sponsored by former City Councilor Hess Yntema, a Republican, and it was signed into law.

The 2000 city council resolution “welcomes and encourages” immigrants to live and work in the city and directs the city to give immigrants access to all programs and services “to the fullest extent allowed” by the law including providing legal drivers licenses, health care and education. (See Albuquerque Journal, June 26, 2009, Immigrant Policy Written by Republican www.abqjournal.com/news/state/262250301766newsstate06-26-09.htm,)

Most important to APD police procedures, the 2000 City Council resolution “called for no city police resources to be spent determining the immigration status of a person or to take anyone into custody solely for determining immigration status.”

Municipal police resources should never be used to enforce federal immigration and customs laws even for screening people and that is why we have US Immigration and Customs Enforcement (ICE).

On May 14, 2010 Mayor Richard Berry declared that Albuquerque was no longer a sanctuary city. (See http://www.koat.com/article/albuquerque-no-longer-a-sanctuary-city/5033128)

In 2010, Berry ordered the implementation of a policy that screened every person who is arrested, no matter the offense, such as misdemeanor DWI, shoplifting, drug possession, to see if the person is in the country legally.

In 2010, by Berry’s orders, US Customs agents were allowed into city jail holding facilities so that virtually all people who were arrested and brought in by APD could be screened by ICE.

In 2010, Berry said, “If convicted, they will serve their sentence and could be deported. I’m not looking at this as an immigration issue, but more as a public safety issue,” said Berry thereby endorsing deportation of people no matter the offense and no matter their guilt or innocence on people arrested and taken into custody by APD.

Mayor Berry’s declaration that Albuquerque was no longer a sanctuary city also meant he did not want to “stand shoulder to shoulder” with Albuquerque’s immigrant community, as he supposedly wants to do now with the Muslim community, who no longer felt safe because of his declaration and their fear of being reported to immigration authorities by APD.

Albuquerque City Councilors are now introducing a measure to reaffirm the 16 year old resolution making Albuquerque an Immigrant friendly community. (See February 6, 2017 Albuquerque Journal article “Councilors: ABQ still ‘immigrant friendly’, Section C, Metro 7 NM).

What make this country the greatest country in the world is our freedoms as guaranteed by our constitution, including the freedoms of religion, free speech, association and our civil rights and liberties guaranteed under the constitution including due process of law and the presumption of innocence until proven guilty.

What this country needs are elected officials who respect our laws, our guaranteed freedoms under the constitution, not the hate and intolerance towards a religion or an immigrant community that we are getting from our President as well as our Mayor of Albuquerque.

http://www.kob.com/investigative-news/officers-issuing-fewer-dwi-tickets-while-dwi-related-deaths-rise-bernalillo-county-albuquerque-mayor-richard-berry-police-apd/4389402/?cat=500

Why is Berry and APD always in “spin” mode even when it comes to something that supports their own complaints that APD is seriously understaffed?

In this Channel 4 Investigative Report report, Berry himself acknowledges that DWI checkpoints have gone down dramatically but says staffing levels are not the problem causing the reporter to even do a “double take” and repeat Berry’s comments admitting checkpoints are down.

Mayor Berry was specifically asked if the city had any concerns about the officer shortage that may be contributing to fewer traffic stops and he said “We had 32 stops the year before last and we had in the high 20s last year—those are rough numbers,” Berry said. “We have the capability of putting these DWI checks together.”

The Mayor admits there were fewer checks points last year than the year before but refuses to acknowledge the reason for that are fewer officers.

“To the families that have lost loved ones in recent years, how do you explain the recent phenomenon of deaths going up to them?” 4 Investigator Jen French asked Berry.

“I think a lot of people are getting the message and some people aren’t and when they don’t get the message, it’s horrific,” Berry said.

Yeah, and when you don’t answer a question and then put a spin on your answer it’s even more horrific.

Berry’s and APD’s credibility always takes a hit when they “spin, spin, spin”.

STATISTICS AND STAFFING

The statistics from the Bernalillo County Metro Court are alarming and reveal just how bad things are with the Albuquerque Police Department (APD) being unable to patrol our streets, get drunks off the road, make DWI arrests and prosecute cases.

In 2009, there were 746 people arraigned for felony DWI and that number dropped to a mere 104 in 2015. In 2008, there were 6,538 people arraigned for misdemeanor DWI and in 2015 that number dropped by close to 60% to 2,942.

There is a direct correlation with the dramatic decline in the number of DWI arrests and arraignments and traffic arrangement cases and the severe decline in APD personnel.

The December 11, 2015 Albuquerque Police Department Comprehensive Staffing Assessment and Resource Study prepared by Alexander Weiss for the Department of Justice concluded that APD needs at least 1,000 sworn officers.

The Weiss report concluded that 1,000 sworn police officers were sufficient for Albuquerque provided that APD officers did not respond to certain low priority calls such as minor traffic accidents or false alarm calls.

In 2009, APD had 1,100 police officers with approximately 700 assigned to field services, patrolling our streets over three shifts.

Seven years ago, response times were at 8.5 minutes, below the national average.

It takes an average of 15 minutes to dispatch a police officer to 911 emergency calls, which endangers public safety.

In 2009, APD had a traffic unit that had upwards of 20 patrol officers and today it is at less than 10.

In 2009, APD command staff recommended that Albuquerque needed at least 1,200 sworn officers for community based policing and felony prosecutions.

The number of APD sworn officers has fallen from 1,100 officers to 850 over the past seven years.

In 2015, APD has 841 sworn police officers with only 440 assigned to the field services patrolling responding to 69,000 priority one 911 emergency calls a year.

On average, APD has between 8 to 10 police officers per 8 hour shift, per area command, patrolling the streets of Albuquerque.

CONCLUSION

Based on review of the Metropolitan Court statistics, DWI arrest and traffic code enforcement are a very low priority of APD, not out of desire, but out of necessity.

With APD field officers responding to over 69,000 priority one calls a year, not to mention thousands of lower priority calls, it is surprising the statistics are not worse at Metropolitan Court.

APD can no longer be proactive with DWI enforcement making our streets dangerous to drive.