On August 8, according to the city’s website that provides the listing and locations for the applications for “Safe Outdoor Spaces”, the City of Albuquerque Planning Department approved the Dawn Legacy Pointe’s application for a new Safe Outdoor Space Homeless campsite to be located at 1250 Menaul, NE. The city sanctioned encampment will is intended to provide accommodations for “sex-trafficking victims” and other vulnerable populations.

“Safe Outdoor Spaces” are organized, managed homeless encampments with 40 designated spaces for tents that allows for upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. The Integrated Development Ordinance (IDO) sets a limit of two in each of the city’s 9 council districts. The cap does not apply to religious institutions.

The link to the city web site is here:

https://cabq.maps.arcgis.com/apps/dashboards/768cc1b5e4404fa1a28db56c2019ee71

It was on July 30, Dawn Legacy Pointe applied for a Safe Outdoor Space at 1250 Menaul Blvd, NE. The Dawn Legacy Pointe application is for 40 maximum spaces with 50 people as the proposed maximum number of occupants. All the encampment residents will not be confined to the area and will be able to go and come as they please without restrictions.

Kylea Good, who chairs the Dawn Legacy Pointe board, said that the approval represents years of “behind-the-scenes work” on the project. Good said it a project that is greatly needed and she said:

“It’s this moment you feel is just life-changing for so many people.”

Brad Day, an advocate for Safe Outdoor Space and local businessman assisting Dawn Legacy Pointe, told the Albuquerque Journal the public, private and nonprofit sectors have collaborated on the project. He said the nonprofit Street Safe New Mexico is financially overseeing Dawn Legacy Pointe while the new organization gets set up. Day said several businesses also have assisted with the project in some way, including Scott’s Fencing, Cabela’s, Rick Bennett Architectural, Consensus Planning and John and Gavino Lopez Carpentry.

According to Day, both the city of Albuquerque and Bernalillo County are making some financial contributions, too, he said.

The links to related news coverage and quoted news source material are here:

https://www.kob.com/new-mexico/albuquerque-approves-its-first-safe-outdoor-space-whats-next/

https://www.krqe.com/news/albuquerque-metro/albuquerque-city-planners-approve-first-sanctioned-homeless-encampment/

https://www.abqjournal.com/2523451/city-approves-first-safe-outdoor-space.html

CITY FUNDING TO BE PROVIDED

Family and Community Services Department spokeswoman Katie Simon confirmed the city will be providing financial assistance for safe outdoor space operators but had not finalized specific amounts. Simon had this to say:

“We are working with all our Safe Outdoor Space applicants to ensure that they have the resources to comply with the operations plans for each [approved] space.”

https://www.abqjournal.com/2523451/city-approves-first-safe-outdoor-space.html

It was Mayor Tim Keller who initially proposed the idea of “Safe Outdoor Spaces” in his 2022-2023 city budget. The 2022-2023 proposed budget released on April 1 provides major funding to deal with the homeless. The current budget includes a total of $950,000 for safe outdoor spaces/encampments. The budget approved includes the following line-item funding:

“$750,000 for proposed “safe outdoor spaces”. … If approved by Council, will enable ultra-low barrier encampments to set up in vacant dirt lots across the City. There is an additional $200,000 for developing other sanctioned encampment programs.”

City voters also approved $500,000 for encampments as part of last fall’s $140 million bond package.

DAWN LEGACY POINTE

According to an August 1 Albuquerque Journal article, Dawn Legacy Pointe is still in its infancy. Kylea Good is the board chairwoman. She said that Dawn Legacy Pointe submitted corporation formation paperwork to the New Mexico Secretary of State and that it will eventually seek 501c3 status from the IRS. Until then the local nonprofit “Street Safe New Mexico” is overseeing its finances.

Good said it will cost an estimated $120,000 to $180,000 to operate the 1250 Menaul Blvd, NE. cite its first year. Family and Community Services Director Carol Pierce said that although the project’s budget is not final, the City of Albuquerque intends to help cover the operating costs.

Dawn Legacy Pointe has made it clear that it intends to provide accommodations for “sex-trafficking victims” and other vulnerable populations. Kylea Good said it would likely be easy to find people and most likely women, though it will not exclude men, willing to stay at the camp. She said she hoped to have the encampment up and running by October and she told the Journal:

“I wouldn’t be surprised if we maxxed out. The truth of the matter is it’s not like we’re looking at just one area. There’s a lot of [human] trafficking and exploitation that goes on around that area of Menaul, but you have a whole city that is dealing with it.”

Brad Day, a local businessman and advocate for safe outdoor spaces, is advising Dawn Legacy Pointe. He told the Journal:

“We did all the documents, and now what we’re going to do is basically work on the logistics of getting all the stuff we need, the tents, the sleeping bags, the air mattresses, get the fence built.”

The link to the full unedited Journal news article is here:

https://www.abqjournal.com/2521238/city-sees-1st-application-for-safe-outdoor-space.html

Dawn Legacy Pointe is not a religious activity organization. Dawn Legacy Pointe said the site could be ready for tenants in the next 30-45 days.

TIME LOOPHOLE CREATED BY COUNCIL’S FAILURE TO ACT

It was on June 6 that the City Council enacted a series of amendments updating the Integrated Development Ordinance (IDO). One of the amendments was the “Safe Outdoor Spaces.” The legislation passed on a 5 to 4 vote. Voting YES to allow Safe Outdoor Spaces were Democrats Isaac Benton, Pat Davis and Tammy Feibelcorn and Republicans Brook Basan and Trudy Jones. Voting NO were Republicans Dan Lewis, Renee Grout and Democrats Louis Sanchez and Klarissa Pena. Mayor Tim Keller signed off on the legislation making it law.

Under the enacted amendment Safe Outdoor spaces are allowed in some non-residential and mixed-use zones and must be at least 330 feet from zones with low-density residential development. Under the IDO amendment, Safe Outdoor Spaces are allowed for up to two years with a possible two-year extension.

After tremendous public outcry and objections to Safe Ourdoor Spaces by her constituents, Republican City Councilor Brook Bassan, who had voted “YES” and previously voiced support for safe outdoor spaces, did an about face and changed her mind. On June 22, just a few weeks after helping pass the Safe Outdoor Space amendment, Bassan introduced legislation to repeal the IDO amendment and she introduced two bills. One bill introduced would stop the city from accepting or approving safe outdoor space applications and the other will eliminate “safe outdoor spaces” from the zoning code altogether. Bassan wants to bar the city from accepting or approving Safe Outdoor Space applications for a full year unless it officially removes them from the zoning code sooner than that.

During the June 22 meeting the council did not act on the 2 bills and failed to enact the legislation that was to provide for rules and regulations promulgated by the Keller Administration for “Safe Outdoor Spaces”. June 22 was the last meeting of the City Council before it went on “summer break” until August 1.

The city council’s failure on June 22 to take any action on either the bills stopping the application process or repealing the land use resolution resulted in “Safe Outdoor Spaces” becoming a permissible land use on July 28. This allowed a very short time period of 3 weeks to allow individuals and organizations to apply for Safe Outdoor Spaces. Any Safe Outdoor Space application the city approves now can move forward because the land use locks in at the time of a completed application. Complicating matters and making things even worse for the city council is that Mayor Tim Keller out maneuvered the city council and refused to issue a suspension or moratorium on the applications to give the City Council time to reconsider and repeal the Safe Outdoor Space IDO Amendment.

During the August 1 City Council meeting, Republican City Councilor Brook Basaan successfully pushed for an expedited vote on the moratorium bill. With support from Republican City Councilors Renee Grout, Trudy Jones, Dan Lewis and Democrats Klarissa Peña and Louie Sanchez, Bassan was able pull the bill out of the Council’s standard committee process. Voting against the measure were Democrats Isaac Benton, Pat Davis, Tammy Fiebelkorn. The vote on the moratorium is now scheduled for an August 15 vote.

LOCATION, LOCATION, LOCATION

Less than a half mile from the vacant land located at 1250 Menaul Blvd, NE and within walking distance from the property is Menaul School, a private boarding school for 6th to 12th graders. Directly across the street from the property is the T-Mobile Call Center and a Quality Inn & Suites. Going West on Menaul and one block from the property is Carrington College and two apartment complexes.

At Sunset Memorial Park, workers daily patrol the grounds, monitoring the activity of homeless people who have taken to lounging in the various meditative shelters provided for grieving families. The homeless are known to use the various fountains throughout the park to wash themselves or use the fountains as a toilet, despite there being an easy-to-find portable toilets located at the northeast end of the park.

https://www.abqjournal.com/2523606/cemeteries-lament-bathing-camps-on-grounds.htm

Directly West and bordering the property is Sunset Memorial Park and Cemetery. Immediately East of the Freeway is the massive TA Travel Truck Stop on University that can accommodate parking of upwards of 150 semitrucks. Within law enforcement circles, the truck stop is known for prostitution and illicit drug activity. Immediate south of the truck stop on University Blvd is the Crown Plaza Hotel. It’s ironic that a few years ago it was proposed that the city buy the Crown Plaza Hotel for about $8 million and dedicate it as a homeless shelter.

ZONING IS “NON-RESIDENTIAL – LIGHT MANUFACTURING”

The property located at 1250 Menaul Blvd, NE is zoned NR-LM. NR-LM stands for “NON-RESIDENTIAL – LIGHT MANUFACTURING ZONE DISTRICT (NR-LM)” Section 2-5(C)(1) of the Integrated Development Ordinance (IDO) provides that “the purpose of the NR-LM zone district is to accommodate moderate-intensity commercial, light assembly, fabrication, and light manufacturing uses, while buffering adjacent lower-intensity, Residential and Mixed-use zone districts from the traffic, noise, and other impacts of those uses.”

Page 49 of the Integrated Development Ordinance found here:

https://documents.cabq.gov/planning/IDO/2021_IDO_AnnualUpdate/IDO-2021AnnualUpdate-2022-07-28-JulyEffective.pdf

Allowable uses for property zoned NR-LM are provided in table 4-2-1 of the Integrated Development Ordinance. Table 4-2-1 lists “Safe Outdoor Spaces” as a CT (Conditional Primary, Temporary use) for property zoned for mix use and T (Temporary) use on property zoned “non-residential”.

NORMAL APPLICATION PROCESS

Under normal procedures and precedent, when an application for a “special use” or “conditional use”, which includes Safe Outdoor Spaces, is made by a private entity the City Planning Department assigns the application to a zoning hearing examiner to determine if it will be approved. Public notice is then given to surrounding property owners and the general public. A notice of zone change must be posted on the property and adjoining landowners and neighborhood must be given the opportunity to attend and be heard by the zoning hearing officer. The hearing officer decision can be accepted or rejected by a private entity or appeal the decision to the Land Use Planning And Zoning Committee and ultimately the City Council. The city council has the final and ultimate authority. Normally it is a six month to a year process to secure a zone change and it can take even longer.

CITY OWNERSHIP AND ASSESED VALUE

Real property records researched and reviewed Valere McFarland, a community activist and member of Women Taking Back Our Neighborhood found that 1205 Menaul, NE, totals more than 15 acres in two plots. One plot is 11.73 acres plot and a second plot is 3.89 acres. Both plots are owned by the city of Albuquerque and have a combined assessed value of $4,333,500.

According to Bernalillo County Assessor’s Office records reviewed, following are the plot numbers and assessed value of the land:

Parcel ID Property 1 located at 1205 Menaul, NE:

Plot Number 101505924018931414CA
City of Albuquerque
11.7263 acres including a warehouse
$3,061,100.00

Parcel ID Property 2 located 1205 Menaul, NE:

Plot Number 101505927224131420CA
City of Albuquerque
TR1 PLAT OF TR1 LANDS OF M-T INVESTMENT
3.8890 acres
$1,272,400
5,717 sq. ft. warehouse is on the property, assessed value unknown.

COMMENTARY AND ANALYSIS

There is no getting around it. What Keller did and what has happened does not pass the smell test. The approval of the Dawn Legacy Point application for a Safe Outdoor Space is as about as sneaky and underhanded as it gets for Mayor Tim Keller to intentionally exclude the general public from participating in a land use planning and zoning process.

With Keller acquiescence, the City Planning Department has approved a Safe Outdoor Space on city owned property valued at $4,333,500 to be operated by a third party and subsidized by the City to house women in tents who are victims of “trafficking and exploitation”. It is something that so called progressive Mayor Tim Keller should be absolutely ashamed of with the treatment of victims of “trafficking and exploitation” being encouraged to live in tents as a housing solution and exploited once again by denying them proper housing.

TWO REPUBLICAN CITY COUNCILLORS NOT TO BE TRUSTED

The general public and the voters can thank Republicans Brook Bassan and Trudy Jones being the swing votes that have now allowed Safe Outdoor Spaces to become a reality. Republican Backtracking Basaan has lost much of her credibility and respect from her constituents. Republican Trudy Jones has earned the reputation of speaking out of both sides of her mouth and one who cannot be trusted by her constituents.

Republican Trudy Jones is a former realtor who has enjoyed significant financial support over the years from the Real Estate and the Development community. Privately, Jones told many of her constituents she opposed Safe Outdoor Spaces but she then turned around and voted YES to support the IDO amendments.

One of the most nefarious votes by the Albuquerque City Council occurred in late 2017 and its was the rush to vote for the final adoption of the Integrated Development Ordinance before the municipal election and the election of a new Mayor. Many neighborhood associations had requested the City Council to delay its enactment until after the 2017 Mayors race and the City Council ignored the request.

Republican Trudy Jones was a major supporter and advocate of the Integrated Development Ordinance. Jones has a history of having no problem with city planning holding meetings and granting variances without public input. In 2019, it was Jones who sponsored R-19-150 wherein the Development Review Board (DRB) was granted discretionary power under the IDO to hold hearings and grant variances without the requisite standards of notice and the right to be heard.

Under the Jones sponsored legislation, the term “to hold public hearings” was changed to “hold meetings” and “variance” was replaced with “waiver.” The changes diminished the public hearing process and discredited zoning policy making in favor of neighborhoods. It is a policy change without public engagement favoring one sole stakeholder, the development community or landowner. The IDO blatantly removes the public from the development review process.

DAWN LEGCY POINTE GETS BEHIND CLOSED DOORS ZONING APPROVAL

What has occurred with the Dawn Legacy Pointe application for a Safe Outdoor Space is that it was “fast tracked” by the City Planning Department with the blessing of Mayor Tim Keller to approve the application just 5 days before the City Council can repeal the Safe Outdoor Space amendment on August 16. Confidential sources have confirmed that Brad Day met with Mayor Tim Keller after the application was granted and they celebrated the approval in the Mayor’s Office.

The City of Albuquerque Planning Department unilaterally decided that it would review the Dawn Legacy Point application behind closed doors without any public input, without notice and without a public hearing. Ostensibly, it decided it had the authority under the IDO to simply grant the application before the City Council votes to repeal Safe Outdoor Spaces on August 15.

A major contributing factor no doubt with the decision is that the City owns the property and ownership gives the city the right to use the property as it sees fit. Coronado Park is a prime example when Mayor Keller essentially unilaterally decided to use the park as a DeFacto homeless encampment in violation of city ordinances and nuisance law.

Kylea Good, who chairs the Dawn Legacy Pointe board, even bragged that the approval represents years of “behind-the-scenes work” with the Keller Administration and others going along to get approval at the exclusion of the public. Why bother to go public and be transparent when you can sneak around city hall with the Mayor’s support to get something you want and the general public be damned.

VICTIMIZING WOMAN VICTIMS AGAIN

What is truly repulsive and totally irresponsible is when Kylea Good and Brad Day proclaim that the Safe Outdoor Space encampment at 1205 Menaul will be for “sex-trafficking victims” and other vulnerable populations. Good went so far as to say it will likely be occupied by woman first and said:

“I wouldn’t be surprised if we maxxed out. The truth of the matter is it’s not like we’re looking at just one area. There’s a lot of [human] trafficking and exploitation that goes on around that area of Menaul.”

When the words “trafficking and exploitation” are used by Good, she is talking about woman who are victims of crime such as kidnapping or forced prostitution. She is saying that she wants to provide tents in city sanction encampments to woman who have already been victimized believing she is somehow acting compassionate when such woman need actual, compassionate treatment and permanent housing that is safe and secured and not living in a tent city. What Mayor Tim Keller, Kylea Good and Brad Day are creating is a location for victims to become victims once again.

TROUBLING LOCATION

It’s the actual location of 1205 Menaul, NE that is the most troubling. The encampment has the potential of becoming a magnet for crime and prostitution or illicit drug trade given that it is in close proximity to a truck stop known for prostitution and illicit drug activity amongst law enforcement. Then there is the fact that it is directly across the street from a major call center and a Quality Inn & Suites and within walking distance of Menaul Boarding School and apartments. Occupants of the Safe Outdoor spaces are not confined and are free to go and come as they please and could easily wind up uninvited wherever they want to go, including the truck stop, and disrupt the peaceful use and enjoyment at any one of those locations or engage in illicit activity themselves.

FINAL COMMENTARY

The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed. Safe Outdoor Spaces are not the answer to the homeless crisis. The answer is to provide the support services, including food and permanant lodging, and mental health care needed to allow the homeless, and yes those who are the victims of human trafficking, to turn their lives around, become productive self-sufficient citizens, no longer dependent on relatives or others.

“Safe Outdoor Spaces” will be a disaster for the city as a whole. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city’s efforts to manage the homeless through housing. If the City Council allows for “safe outdoor spaces” zoning, it will be a major setback for the city and its current policy of seeking permanent shelter and housing as the solution to the homeless crisis.

A Mayor loses credibility and public support when they cram a political agenda down people’s throats. What Mayor Tim Keller has done is to cram a Safe Outdoor Space on property zoned “NON-RESIDENTIAL – LIGHT MANUFACTURING” and down the throats of surrounding property owners. The disastrous ART Bus Project is Mayor Richard Berry’s legacy of failure. Mayor Tim Keller’s mishandling of the homeless crisis, including the closing of Coronado Park, and now Safe Outdoor Spaces, is becoming Mayor Keller’s symbol and his dark legacy of failure when dealing with the most venerable homeless population. Just think of it, we have 3 more years this kind of failed leadership ahead of us.

___________________

POSTSCRIPT

On August 15, City Council will meet and consider the repeal of Safe Outdoor Spaces. The email addresses and phone numbers to contact Mayor Tim Keller and Interim Chief Administrative Officer Lawrence Rael and each City Councilor and the Director of Counsel services on or before August 15 and to express an opinion on the Legacy Point application are here:

MAYOR’S OFFICE PHONE: (505) 768-3000
CITY COUNCIL PHONE: (505) 768-3100

EMAIL ADDRESSES

tkeller@cabq.gov
lrael@cabq.gov
lesanchez@cabq.gov
louiesanchez@allstate.com
ibenton@cabq.gov
kpena@cabq.gov
bbassan@cabq.gov
danlewis@cabq.gov
LEWISABQ@GMAIL.COM
patdavis@cabq.gov
tfiebelkorn@cabq.gov
trudyjones@cabq.gov
rgrout@cabq.gov
cmelendrez@cabq.gov

On August 9, 2022, the online news outlet “The New Mexico Sun” published an article entitled “Critic of Albuquerque’s SOS encampments says ‘women need actual, permanent housing” written by its staff reporter Andy Nghiem. Below is the unedited article followed by the link:

“Two days after the City of Albuquerque began accepting applications for its Safe Outdoor Spaces (SOS), and after months of public debate on the controversial topic, the City received its first request for a campsite.

Dawn Legacy Pointe, a newly formed organization focused on assisting victims of sex trafficking and other at-risk groups, applied to operate a SOS at 1250 Menaul NE, west of Interstate 25, according to an Aug. 1 report by the Albuquerque Journal. A SOS, according to the report, is a managed site with restrooms, showers and storage spaces where homeless individuals can stay in tents or cars. The site on Menaul would accommodate 50 people, the maximum allowed, if approved, the Journal reports.

https://www.abqjournal.com/2521238/city-sees-1st-application-for-safe-outdoor-space.html

DLP is still a fledgling organization, and only submitted its formation paperwork to the New Mexico Secretary of State in the past weeks, according to the Journal. DLP will seek 501(c)3 status; until then local nonprofit Street Safe New Mexico is overseeing its finances. Operating its SOS will cost between $120,000 to $180,000, according to estimates.

The City plans to help with the operating costs, according to Carol Pierce, the director of Family and Community Services for the City.

DLP board chair Kylea Good told the Journal that she “wouldn’t be surprised if we maxxed out” in terms of occupancy.

“The truth of the matter is it’s not like we’re looking at just one area,” Good said in the report. “There’s a lot of [human] trafficking and exploitation that goes on around that area of Menaul, but you have a whole city that is dealing with it.”

Critics of the City’s plan to allow managed encampments on vacant lots has drawn push-back from some in the community, including attorney Pete Dinelli, who served in municipal and state government for 27 years and publishes a blog on politics. In a blog published Aug. 2, Dinelli called Good’s comments to the Journal “pretty damn amazing.”

https://www.petedinelli.com/2022/08/02/mayor-tim-keller-thumbs-nose-at-city-council-and-public-by-allowing-acceptance-of-first-safe-outdoor-spaces-application-city-says-it-intends-to-help-with-operating-costs-expect-mo/

“When she uses the words ‘trafficking and exploitation’, she is talking about woman who are victims of crime such as kidnapping or forced prostitution,” Dinelli wrote in the blog. “She is saying that she wants to provide tents in city sanction encampments to women who have already been victimized believing she is somehow being compassionate when such women need actual, permanent housing that is safe and secured and not living in a tent city.”

Dinelli claims that although the address of the DLP site has been reported, the reports failed to mention the businesses or school also located in the area. Dinelli listed a T-Mobile call center, a Quality Inn & Suites, a vacant building, a truck stop and two apartment buildings, as well as a cemetery.

“It is likely only those in the vicinity who will not object to the Safe Outdoor Spaces homeless encampment are those at Sunset Memorial Park and Cemetary (sic),” Dinelli wrote.

The City of Albuquerque notes on its website that in addition to restrooms and showers, SOS sites must offer support services such as education and job training and have a management and security arrangement including 24/7 onsite support. Security fencing is also required, according to several published reports.

https://www.cabq.gov/council/projects/current-projects/safe-outdoor-spaces-faq

Not everyone is convinced these measures are sufficient, however.

“All the encampment residents will not be confined to the area and will be able to go and come as they please without restrictions,” Dinelli wrote.

The future of SOS sites is still uncertain, the Journal reports. Although the City Council approved the plan in a 5-4 in June, council member Brook Bassan has withdrawn her support and has introduced measures to eliminate SOS and the council could vote to outlaw them in the next few weeks, according to the Journal. A repeal might not be sufficient to quash an SOS which has submitted a completed application, however.

“Even if the city ultimately repeals them,” the Journal reports, “an organization could cement its ability to run a safe outdoor space for years by submitting a complete application while they are legal.”

The link to the New Mexico Sun article is here:

https://newmexicosun.com/stories/630053524-albuquerque-police-department-makes-an-arrest-in-connection-with-killing-of-four-muslim-men-we-ve-never-seen-something-like-this

On August 9, the on line news outlet “The New Mexico Sun” published the news article entitled in part “Albuquerque Police Department makes an arrest in connection with killing of four Muslim men.” The article was written by NM Sun staff reporter George Willis. Following is the full, unedited article with the news source links:

Headline: “Albuquerque Police Department makes an arrest in connection with killing of four Muslim men: ‘We’ve never seen something like this’.

“Albuquerque Police have arrested Muhammad Syed, 51, in connection with two of the four homicides of Muslim men in the area.

Syed, according to KRQE News, was taken into custody on Monday in Santa Rosa, a town about 118 miles east of Albuquerque, where the murders took place. According to APD, Syed is charged with the July 26 shooting of Aftab Hussein and the Aug. 1 shooting of Muhammad Afzaal Hussain. APD connected Syed to those two cases through bullet casings recovered at the respective crime scenes and several guns recovered in the case.

https://www.krqe.com/news/crime/albuquerque-police-suspect-detained-in-murder-of-albuquerque-muslim-men/

“A tip from the community is what helped lead us to this subject, and what helped us eventually find the car that we put out just two days ago to the public,” APD Deputy Commander Kyle Hartsock told KRQE News. “Hundreds of tips have come in that have been thoroughly reviewed; dozens of interviews took place.”
About the same time Syed was being arrested in Santa Rosa, APD was searching his home near Gibson and Carlisle. Police said multiple guns were found inside Syed’s home, while another gun was found in his car.

The capture came from a tip after the Council on American Islamic Relations increased the reward to $10,000 for information leading to an arrest in connection with four homicides of Muslim men in Albuquerque since November. The latest murder occurred last Saturday, the third killing within a span of two weeks.

Naeem Hussain, 25, was found dead hours after attending a funeral service for two of the three previous victims. Muhammad Afzaal Hussain, 27, Aftab Hussein, 41, and Mohammad Ahmadi 62, were all “ambushed with no warning,” according to KOB4 News.

https://www.kob.com/new-mexico/cair-raises-reward-for-information-on-recent-killing-of-muslim-men/

“We have never seen something like this — something so systematic — something happening over a long period of time, targeting multiple people with a killer who is still at large,” Edward Ahmed Mitchell, CAIR Deputy Director, told KOB4 News last week. “We encourage anyone with information to contact local or federal law enforcement. This violence must be stopped. Now, this is absolutely insane. It’s absolutely unacceptable, and it must end right away.”

Albuquerque police held a press conference Saturday to announce it was working with the FBI to find the persons responsible for the murders.

According to KOAT 7 Action News, Albuquerque police said the first homicide occurred on Nov. 7, 2021, when Ahmadi, who is from Afghanistan, was killed outside of a business he and his brother ran at 1401 San Mateo Blvd. The second homicide of Aftab Hussein, took place on July 26 in southeast Albuquerque.

The third homicide took place on Aug. 1 when Muhammed Afzaal Hussain was killed in southeast Albuquerque. Naeem Hussain was killed on Aug. 5 on Truman Street and Grand Avenue in northeast Albuquerque.

https://www.koat.com/article/albuquerque-muslim-killings-arrest-new-mexico/40850530#

“The motives are still being explored, fully, to understand what they are,” Hartsock told KRQE News.

The link to the New Mexico Sun article is here:

https://newmexicosun.com/stories/630053524-albuquerque-police-department-makes-an-arrest-in-connection-with-killing-of-four-muslim-men-we-ve-never-seen-something-like-this

TIPS AND SEARCH WARRANTS LEAD TO SYED ARREST

It was hundreds of tips from within the Muslim community that led to Syed’s arrest as well as executed search warrants. APD Deputy Commander Kyle Hartsock had this to say:

“Hundreds of tips have come in at the very least that have been thoroughly reviewed and gone through, dozens of interviews took place. … We started to focus in on Mr. Syed and … secured a search warrant for his residence near Gibson and Carlisle in Southeast Albuquerque. As we were getting ready to execute that search warrant, we saw him load into a vehicle [and] as a matter of fact, a vehicle we believe was used in the homicides that we put out on the poster – and we followed him. … Multiple firearms were recovered from that home that are continually being tested … But, right now, we believe that at least one of them inside the home and one of them inside the car that was pulled over are matching to our two crime scenes on Rhode Island and Cornell.”

New Mexico State Police, APD and the FBI stopped Syed’s car outside of Santa Rosa, about 115 miles from his home, and he was taken into custody as a SWAT team executed a search warrant on the apartment he shared with his family. When he was stopped, Syed told police he was going to Houston to find a new place to live for his family because of the recent violence against Muslims in Albuquerque, according to a criminal complaint filed in Metropolitan Court. All he had with him was clothing, shoes and a gun.

The link to quoted news material is here:

https://www.abqjournal.com/2523180/police-detain-suspect-in-killing-of-muslim-man.html

MOTIVES BEHIND THE KILLINGS

During the Agust 9 news conference, APD Deputy Commander Kyle was asked questions about whether the conflict was due to tensions between members of different sects of Islam. Syed is a Sunni Muslim and his daughter is reportedly married to someone who practices Shia Islam. Hartsock said Syed’s motives for the shootings are still being investigated.

APD investigators disclosed evidence shows Syed knew the victims “to some extent” and “an interpersonal conflict may have led to the shootings.” After he was arrested, Syed told investigators he “has known Naeem Hussain since 2016 and recognized Aftab Hussein from parties in the community,” according to a criminal complaint filed. Hartsock said this:

“We do have some information about those events taking place. … But we’re not really clear if that was the actual motive or if it was part of the motive, or if there’s a bigger picture that we’re missing. So what’s really important is we’re still investigating.”

The link to quoted news source material is here:

https://www.abqjournal.com/2523180/police-detain-suspect-in-killing-of-muslim-man.html

VICTIMS IDENTIFIED

The four victims whose murders law enforcement say may be connected are:

Mohammad Ahmadi, age 62.

Mohammad Ahmadi was the first homicide that happened on November 7, 2021. In that incident, Ahmadi was killed outside of a business he and his brother ran at 1401 San Mateo Blvd. Ahmadi was a Muslim man from Afghanistan.

Aftab Hussein, age 41.

Aftab Hussein was the second homicide that happened on July 26, 2022 in southeast Albuquerque. Aftab Hussein was found with apparent gunshot wounds in the 400 block of Rhode Island. A criminal complaint filed in Metropolitan Court revealed that the suspect had hidden behind a bush near where Aftab Hussein typically parked his car, waited for him to get home and then shot him multiple times through the bush. He later died as a result of his injuries. Aftab Hussein was from Pakistan.

https://www.abqjournal.com/2523180/police-detain-suspect-in-killing-of-muslim-man.html

Muhammad Afzaal Hussain, age 27.

Muhammed Afzaal Hussain was the third homicide, and he was killed on August 1 in southeast Albuquerque. The shooting was a drive-by while he was walking near his apartment. He was found on a sidewalk in the area of Cornell Street and Lead Avenue. Muhammad Afzaal Hussain worked on the planning team for the city of Española. He had studied law and human resource management at the University of Punjab in Pakistan before receiving both master’s and bachelor’s degrees in community and regional planning from the University of New Mexico, according to a news release. Muhammad Afzaal worked on the campaign of Congresswoman Melanie Stansbury and she said this:

“He was a member of our campaign team. A kind, funny, brilliant, amazing young man from Pakistan who came to the United States to pursue his career and his life’s dream.”

https://www.abqjournal.com/2522833/apd-seeking-silver-sedan-in-connection-with-murders-of-muslim-men.html

https://www.abqjournal.com/2523180/police-detain-suspect-in-killing-of-muslim-man.html

Naeem Hussain, age 25.

Naeem Hussain was the fourth homicide which occurred on August 5. Naeem Hussain who was found dead by APD police officers who responded to reports of a shooting just before midnight in the area of Truman Street and Grand Avenue. Naeem Hussain migrated as a refugee from Pakistan in 2016. According to his brother-in-law, Ehsan Shahalami, Hussain fled persecution as a Shia Muslim and had just become a US citizen last month. He opened his own trucking business this year and was described as being a kind, generous and hardworking person. The day he was killed, he had attended a funeral for the two recent victims and expressed fear about the shootings, according to a spokesman with a mosque in Albuquerque.

Three of the men, Muhammad Afzaal Hussain, Aftab Hussein and Mohammad Ahmadi, were all ambushed with no warning, fired on and killed according to APD Homicide Investigations Commander Hartsock. Police have also said that they have determined there is a connection between the two deaths.

Links to quoted news sources are here:

https://www.cnn.com/2022/08/08/us/albuquerque-muslim-men-killings-monday/index.html

https://www.koat.com/article/albuquerque-crime-muslim-community-murders-new-mexico/40828252

MUSLIM COMMUNITY REACTS, INTERFAITH PRAYER AND MEMORIAL SERVICE HELD

The Council on American Islamic Relations (CAIR) issued a statement in response to the arrest:

“We welcome the arrest of a suspect in this horrific shooting spree and we commend law enforcement for their efforts at the local, state and federal levels. We hope the news that this violence has been brought to an end will provide the New Mexico Muslim community some sense of relief and security.

Although we are waiting to learn more about these crimes, we are disturbed by early indications that the alleged killer may have been targeting particular members of the Shia community. If this is true, it is completely unacceptable, and we encourage law enforcement to file any appropriate hate crime charges against the suspect. Acts of hateful, sectarian violence against followers of the Shia tradition and any other group have no place in our communities, our country or anywhere else. American Muslims are and must be united against all forms of hateful bigotry, including anti-Shia bias.”

https://www.kob.com/new-mexico/apd-vehicle-of-interest-found-in-murders-of-4-muslim-men-driver-detained/

Hours after police announced the arrest of Syed, the Muslim community went forward with an interfaith prayer and memorial service to remember the 4 men who were killed. Hundreds of people attended the vigil held at the Islamic Center of New Mexico. The memorial service was attended by clergy representatives from numerous faiths including the Jewish, Christian, Sikh, Quaker, and Mennonite faiths and others who spoke at the vigil giving words of support. Also in attendance and who spoke were Governor Michelle Lujan Grisham, Mayor Tim Keller, accompanied by his wife Kirsten Keller who did not speak. Mark Ronchetti, the Republican candidate for Governor also attended but did not speak.

Tahir Gauba, public relations for the Islamic Center of New Mexico had this to said this:

“This is the beauty of Albuquerque this is why I’m proud to say I grew up in this city. … We are hurting right now because our young brilliant stars, shining stars, young men died for no reason. … the Albuquerque Muslim community will sleep in peace tonight [knowing a suspect is behind bars].”

Aneela Abad, general secretary of the Islamic Center of New Mexico, said this:

“What made [Albuquerque] … better and made a difference are friends like you, so thank you so much for your support, continue to do that, because that is what make us better humans.”

Ahmad Assed, a defense attorney and president of the Islamic Center of New Mexico, thanked law enforcement on behalf of the Muslim community and said he had teared up with gratitude as he heard about their work.

“We hope and pray that things are brought to a conclusion and there’s closure for the families soon. … We respect, certainly, the criminal justice system and the presumption of innocence, and we understand that this is just the beginning.”

https://www.abqjournal.com/2523180/police-detain-suspect-in-killing-of-muslim-man.html

COMMENTARY AND ANALYSIS

This is a city and state that is historically known for embracing its ethnic and cultural diversity and welcoming immigrants. As a person whose grandparents were Italian immigrants and who is half Hispanic, who was born, raised and who has lived in Albuquerque for a lifetime, who has raised a family and who has made a living practicing law, I am extremely sickened and very angry to see what our city has become.

The never-ending saga of record-breaking homicide rates, violent crime rates, drug and property crime rates, the increasing homelessness numbers, and now targeted hate crimes, has become our norm. This is not, this must not be, who we are as a community.

The expected expression of outrage and sympathy expressed by our elected officials when a violent crime occurs and then self-adulation when an arrest is made, is simply not enough. What we must demand and expect in no uncertain terms is swift justice. We must demand that our elected officials, and yes our law enforcement, do a better job.

Yes, APD and law enforcement did its job by apprehending Muhammad Syed for the killings and they are to be commended. But what about the other 70 plus murders that have occurred this year with the city on track to break last year’s record of 117 homicides?

Our elected officials must do a better job when dealing with our crime rates and they must be held accountable when they make promises and then fail to keep them which is what has happened in the city for the last 8 years. The carnage must be stopped and justice must be served.

On June 27, calling it “the most dangerous place in the state of New Mexico” Albuquerque Mayor Tim Keller held a press conference standing in front of Coronado Park to announce its closure and to discuss his reasons for ordering the parks closed and saying it was imperative even without a fully formed plan for how to do it and what happens next.

The primary reason Keller gave for closure of the park was the extent of the crime. According to APD in the last two years there have been at least five homicides, 16 stabbings and 20 assaults. In 2021 APD responded to 651 calls at the park, and as of July 21, 2022 there have been 312 calls for service.

https://www.koat.com/article/coronado-park-closed-homeless/40724118

Keller said this:

“We’re not going to wait any longer. We have all the evidence we need that says that we have to do something different. … It is not going to be something where every question is answered, and every plan is thought out. … We do not have the luxury of a perfect plan. … At this point, if we don’t close the park now, it will never be a park again. … There was unanimous consensus that at a minimum, temporarily, this park has to close. … This is the first step. We welcome everyone to help us problem-solve, but someone has to step up and make a decision … And that’s what people elected me to do.”

City officials have said that upwards 120 people camp nightly at the park. Homeless occupants will be told of other housing options offered by the city. The city will continue to offer services and housing options to those using Coronado Park, including making limited property storage available to those who are interested or in need of it.

Keller said the immediate closure of the park will be “messy” and that dispersing park residents could create other problems. Keller said that no decision had been made about the park’s specific closure date. He also said no long-term plans have been made for the property but said options include reopening it as a park, using it for the neighboring fire station’s expansion or turning it into a “safe outdoor space” which is a managed site with rules, toilets and showers where people who are homeless can legally camp.

The links to quoted news sources are here:

https://www.koat.com/article/coronado-park-closed-homeless/40724118

https://www.kob.com/new-mexico/mayor-keller-reaffirms-plans-to-close-coronado-park/

https://www.abqjournal.com/2519423/were-not-going-to-wait-any-longer-mayor-says-of-coronado-park.html

https://www.abqjournal.com/2519038/keller-city-will-close-coronado-park.html

KELLER’S COMPLETE REVERASAL

Mayor Keller’s decision to close Coronado Park was a dramatic 100% reversal from when he gave excuses why he could not close Coronado Park. It was an astonishing admission of failure when Mayor Tim Keller said this about Coronado Park:

“[The federal courts] will not allow us to just walk in and arrest someone because they’re homeless and the current situation beats the alternative. … It is not lost on me that we created Coronado Park because Wells Park said, ‘We don’t want these folks in our neighborhood,’ and we agree with them. And that’s why they were all grouped to one area. … So you also got to remember the alternative. You can’t have it both ways — you want to close Coronado Park, you are going to open all of Wells Park neighborhood to something none of us want to see.”

Link to quoted news source:

https://www.abqjournal.com/2508302/man-fatally-shot-at-abq-park.html

KOAT TV TARGET 7 REPORT

On August 8, KOAT TV Target 7 reported that Coronado Park remains open, things have only gotten worse at the park and no visible progress has been made closing it. Following is the full transcript of the news story entitled “It’s starting to get worse’: Eight days into August, Coronado Park Still Not Closed”:

“Rio Bravo Brewery sits at 1912 2nd Street in North West Albuquerque.
“Some people don’t like the idea that it has concertina wire across the top,” said Rio Bravo Brewery c0-owner Denise Baker.
The brewery didn’t always have wiring.
“They’ve thrown trash. They’ve slept out here. And so, we’ve had to add cameras. You’ll notice we have cameras almost every spot in the place,” Baker said.
The precautions at the brewery are now needed.
“It’s starting to get worse,” Baker said.
That’s because the business is right across the street from Coronado Park.
“The vandalism has increased. We’ve had people smoking fentanyl in our bathrooms,” Baker said.
The increased vandalism and drug use in the area are affecting business.
“You ask, does it hurt our revenue? Well, definitely,” she added.
The problems with the park and the areas surrounding it are known.
“At some point, you just have to say you’re going to do something and that’s what we’re doing,” Mayor Tim Keller said at a press conference at Coronado Park on July 26, the day he announced the park was going to close.
“We must get started doing it, and that’s what August is going to be all about,” Keller said.
Keller said the park would begin to be cleared in August.
“It is still open and it’s worse now,” said Baker.
Baker says since the announcement was made, more people experiencing homelessness have moved back into an area of the park they once were not camping in.
“Now that they know the park’s closing, they’re taking residency in the dog park,” she said.
Target 7 wanted to get some clear answers. After a press conference yesterday about the recent violence against Muslim men, we confronted Keller about the park.
“Just given what we’ve been dealing with on Sunday, I don’t have nothing new. So stay tuned. You know, obviously, I have certainly been dealing with this for the last few days, so I do not have the latest on that. But I do know that everyone is working on a plan,” he said when asked for an update.
Baker says that with an answer like that, she is skeptical if the park will close this month, or at all.
“I just feel like he is pushing it down further, hoping it’ll silence the masses and we’ll quit asking for it,” Baker said.”

The link to the Target 7 News Report is here:

https://www.koat.com/article/its-starting-to-get-worse-eight-days-into-august-coronado-park-still-not-closed/40841088

GOVERNOR LUJAN GRISHAM INNTERESTED IN THE STATE PURCHASING CORONADO PARK FOR SERVICE PROVIDERS

On August 4 an event was held for Governor Michelle Lujan Grisham where she spoke as she campaigns for reelection. It was held at a private home in the far Noth East heights and attracted a large, standing room crowd, of enthusiastic supporters wanting to hear her speak. The Governor spoke for approximately 45 minutes, and she exhibited an exceptional grasp of the issues including efforts to diversify the economy, economic develop and job creation, crime reduction efforts, rebuilding our mental health system, reducing taxes, protecting a woman’s right to choose and pointing out that much has been accomplished even while dealing with crisis after crisis after crisis such as the pandemic, the wildfires and flooding.

During her comments, the Governor took time to discuss crime in Albuquerque and how she is committed to programs to reduce the city’s out of control violent crime rates. While discussing the City’s crime, Governor Lujan Grisham in particular brought up the closure of Coronado Park. In what can only be considered a surprise announcement, the Governor said that her administration wants to purchase Coronado Park. Her plan is to build a facility or complex on the land for service providers to the homeless which would include private providers and state and city providers so that there will be one centralized location for services being provided. The Governor’s idea merits serious discussion. The reaction from the audience was positive. The Governor did not disclose exactly how far along the purchase plans are or if it was just an idea or if the city has been approached.

COMMENTARY AND ANALYSIS

It should come as absolutely no surprise to anyone that no visible progress has been made closing Coronado Park and that things are only getting worse in the area. After all, Keller said that no decision had been made about the park’s specific closure date and just said “sometime in August”. Keller also admitted that the immediate closure of the park will be “messy” and that dispersing park residents could create other problems. This is what happens when you have no plans in place before making announcement and when you presume something will happen when you give an order.

Mayor Tim Keller has admitted that it is he who had the biggest hand in creating “the most dangerous place in the state of New Mexico” and creating the cesspool of crime known as Coronado Park. It was nauseating to see Mayor Keller being very dismissive of the Channel 7 reporter. Keller virtually walked away from him acting annoyed at being questioned and deflecting blame for not knowing what was going on with the closure of the park. Keller proclaimed he was dealing with another city crisis and the serial killings of the 4 Muslim men. Keller said this on camera as he was walking away:

“Just given what we’ve been dealing with on Sunday, I don’t have nothing new. So stay tuned. … I have certainly been dealing with for the last few days, so I do not have the latest on that. But I do know that everyone is working on a plan.”

Keller needs to be reminded what he said a few months ago before he decided to close the park:

“It is not lost on me that we created Coronado Park because Wells Park said, ‘We don’t want these folks in our neighborhood,’ and we agree with them. And that’s why they were all grouped to one area.”

Grouping the homeless, as Keller said, in a city park should never have been considered as an option to deal with the homeless crisis given all the resources the city is spending to help the homeless. This so called “grouping” coming from a mayor who for his entire first term made dealing with the homeless crisis a corner stone of his administration. A Mayor whose administration spent $40 million in 2022 and will spend $60 million in 2023 to provide assistance to the homeless. A Mayor who saw to it that the city purchased the 529,000 square-foot Lovelace Hospital facility on Gibson for $15 million to have it converted into a Gateway Shelter and who made the westside shelter a 24-7 facility.

Keller has essentially “pivoted” from a crisis he has created known as Coronado Park to another crisis he will have to deal with when it comes to closing the park without any plan dealing those that are being displaced. Simply put, Coronado Park is an embarrassment with the city violating its own ordinances and nuisance laws by allowing overnight camping and criminal conduct in the park thus creating a public nuisance both under state law and city ordinance.

Coronado Park is the symbol of Keller’s failure as Mayor to deal with the homeless crisis. Perhaps Mayor Keller should pick up the phone and call the Governor and attempt to sell Coronado Park to the state in order to bail himself out of a crisis he has created.

It’s clear we have a Governor that actually knows what to do to deal with and solve a crisis as opposed to a mayor that creates a crisis and tries to solve it without a plan of action thereby making it even worse.

Alburquerque is under the national media spotlight and the subject of intense law enforcement efforts as the result of a fourth Muslim man having been killed in what police are saying is a serial killer targeting Muslim men based on their race and religion. Three killings have occurred in the last few weeks, with a 4th having occurred last year, prompting the FBI to step in and assist with the investigation. The New Mexico State Police, the Bernalillo County Sheriff’s Office, the Bureau of Alcohol, Tobacco and Firearms and Explosives and the US Marshals Service are also assisting in the investigation. Law enforcement authorities are searching for a vehicle that may be connected with the killings and desperately seeking leads. Panic and fear has emerged within the city’s Muslim community as city, state and national leaders react to the killings.

VICTIMS IDENTIFIED

The four victims whose murders law enforcement say may be connected are:

Mohammad Ahmadi, 62

Mohammad Ahmadi was the first homicide that happened on November 7, 2021. In that incident, Ahmadi was killed outside of a business he and his brother ran at 1401 San Mateo Blvd. Ahmadi was a Muslim man from Afghanistan.

Aftab Hussein, 41

Aftab Hussein was the second homicide that happened on July 26, 2022 in southeast Albuquerque. Aftab Hussein was found with apparent gunshot wounds in the 400 block of Rhode Island. He later died as a result of his injuries. Aftab Hussein was from Pakistan.

Muhammad Afzaal Hussain, age 27

Muhammed Afzaal Hussain was the third homicide and he was killed on August 1 in southeast Albuquerque. He was found on a sidewalk in the area of Cornell Street and Lead Avenue.Muhammad. Afzaal Hussain worked on the planning team for the city of Española. He had studied law and human resource management at the University of Punjab in Pakistan before receiving both master’s and bachelor degrees in community and regional planning from the University of New Mexico, according to a news release. Muhammad Afzaal worked on the campaign of Congresswoman Melanie Stansbury and she said this:

“He was a member of our campaign team. A kind, funny, brilliant, amazing young man from Pakistan who came to the United States to pursue his career and his life’s dream.”

https://www.abqjournal.com/2522833/apd-seeking-silver-sedan-in-connection-with-murders-of-muslim-men.html

Naeem Hussain, age 25.

Naeem Hussain was the fourth homicide which occurred on August 5. Naeem Hussain who was found dead by APD police officers who responded to reports of a shooting just before midnight in the area of Truman Street and Grand Avenue. Naeem Hussain migrated as a refugee from Pakistan in 2016. According to his brother-in-law, Ehsan Shahalami, Hussain fleed persecution as a Shia Muslim and had just become a US citizen last month. He opened his own trucking business this year and was described as being a kind, generous and hardworking person. The day he was killed, he had attended a funeral for the two recent victims and expressed fear about the shootings, according to a spokesman with a mosque in Albuquerque.

Three of the men, Muhammad Afzaal Hussain, Aftab Hussein and Mohammad Ahmadi, were all ambushed with no warning, fired on and killed according to APD Homicide Investigations Commander Hartsock. Police have also said that they have determined there is a connection between the two deaths.

Links to quoted news sources are here:

https://www.cnn.com/2022/08/08/us/albuquerque-muslim-men-killings-monday/index.html

https://www.koat.com/article/albuquerque-crime-muslim-community-murders-new-mexico/40828252

“VEHICLE OF INTEREST” SOUGHT; REWARD OFFERED

The FBI is assisting with the investigation. APD has not released any descriptions of a suspect or suspects in the killings. APD and the FBI have set up an online portal for residents to upload videos and images which might help authorities investigating the killings. The link to the portal is here:

https://albuquerquepdnm.evidence.com/axon/citizen/public/abq_homicide_tips

Anyone with information about the vehicle can also call 505-843-STOP, go to crimestoppersnm.com, or contact the FBI at 1-800-CALL-FBI.

On Sunday, APD announced a lead in the investigation of the murders of the four Muslim men in Albuquerque. APD has identified a vehicle of interest and they are seeking the public’s help in finding it. The vehicle is a dark gray/silver Volkswagen Sedan with four doors and tinted windows. Police say the vehicle appears to be a Jetta. A mobile command post will be set up in the city for people to access services or provide information. APD emphasized the importance of help from the public which could be critical in cases like these.

Links to a related news storys to view the “vehicle of interest” are here:

https://www.koat.com/article/albuquerque-police-vehicle-related-muslim-homicide/40829160

https://www.kob.com/new-mexico/apd-seeks-help-in-finding-vehicle-of-interest-in-murders-of-4-muslim-men/

Reward money is available for anyone that has information in this case. The local Crime Stoppers Board has voted to increase a reward for information leading to an arrest to $20,000 and there’s a $10,000 reward from the Council on American Islamic Relations (CAIR). Edward Ahmed Mitchell deputy director of CAIR said people need to reach out to those in the Muslim community during this time and the Muslim community needs to take steps to be safe. Mitchell had this to say:

“We have never seen something like this, something so systematic, something happening over a long period of time, targeting multiple people with a killer who is still at large. … [We must] Be vigilant, be safe. Watch your back report anything suspicious, but carry on living your lives count confidently, boldly, publicly and fearlessly, we cannot let anti-Muslim extremists and bigots stop us from practicing our faith and living our lives. ”

The link to quoted news source is here:

https://www.kob.com/new-mexico/string-of-murders-keep-muslim-community-on-edge/

OFFICIALS REACT

On Saturday, July 6, after Friday’s killing, New Mexico Governor Michelle Lujan Grisham announced she will send additional state police to Albuquerque to help with the investigation. Grisham said this:

The targeted killings of Muslim residents of Albuquerque is deeply angering and wholly intolerable. I am sending additional State Police officers to Albuquerque to work in close coordination with APD and the FBI to bring the killer or killers to justice – and they WILL be found. I am incredibly angry about this situation. We will provide justice to the families who have lost everything. My Administration stands strongly with the Muslim community.

Mayor Tim Keller for his part had this to say:

“Albuquerque’s commitment to supporting our Muslim community cannot be broken. We remember each of the victims and the family, friends, and community who knew and loved them. We are outraged by these attacks and will not relent in our pursuit of justice for those we have lost.”

Albuquerque is home to as many as 5,000 Muslims out of some 565,000 total residents. Keller also said state authorities were working to provide an “extra police presence at mosques during times of prayer” as the investigation proceeds.

https://www.cbc.ca/news/world/us-biden-albuquerque-homicides-1.6544487

Ahmed Assad, President of the Islamic Center of New Mexico at a news conference said this

“This is not the New Mexico I grew up in and love and cherish.”

The killings drew swift condemnation from President Joe Biden and Vice President Kamala Harris.

On Sunday, August 7, President Biden tweeted:

“I am angered and saddened by the horrific killings of four Muslim men in Albuquerque. While we await a full investigation, my prayers are with the victims’ families, and my administration stands strongly with the Muslim community. These hateful attacks have no place in America.”

Vice-President Kamala Harris also tweeted on August 7:

“I am deeply disturbed by the killings of four Muslim men in Albuquerque. As law enforcement continues to investigate these heinous attacks, we remain clear that we stand with the Muslim community in New Mexico and around our country. Hate has no place in America.”

https://www.krqe.com/news/crime/president-biden-speaks-out-on-muslim-murders/

https://www.kob.com/new-mexico/apd-seeks-help-in-finding-vehicle-of-interest-in-murders-of-4-muslim-men/

CITY’S MUSLIM COMMUNITY TAKES PRECAUTIONS

On August 7, the New York Times reported as follows:

“As the Albuquerque Police, the F.B.I. and the State Police appealed to the public for help in finding the killer or killers the attacks have left Muslims in a state of terror. One member who attended the Islamic Center of New Mexico, the same mosque as all four of the victims, said that he may never return, citing a fear of becoming “bait.”

Other members have temporarily left the state to stay with family members in other parts of the country to wait out the investigation. One man, who immigrated from Iraq, said that he felt safer back when he first came to the country in the 1980s. Another member, Salem Ansari, said that some who attend the mosque and work night shifts have quit their jobs. Ansari said this

“This situation is getting so much worse.”

Ahmad Assed, president of the mosque, said that he grew up in Albuquerque attending the Islamic Center but never felt isolated as a Muslim in the city. But now, he said, the community is going through a “sort of managed panic.”

The elder Mr. Hussain said that he had lived safely in his neighborhood for eight years since moving to the United States with his wife and children. His brother Muhammad arrived in 2017, and both men would go to the library at midnight or buy coffees late into the evening while attending the University of New Mexico as international students.

“Now, I look outside the window and think, ‘Oh, this is the place where my brother was killed. Should we move?’” he said.

Mr. Hussain said that he had initially hoped to send his brother’s body back to be buried with family in Pakistan, but the numerous gunshot wounds had made his brother unrecognizable, and Mr. Hussain did not want his family to see him. The killer “wanted to finish him — the whole nine yards,” he said.”

The link to the full quoted news source is here:

https://www.nytimes.com/2022/08/07/us/muslim-killings-albuquerque.html

On August 8, KRQE 13 reported:

The Muslim community in Albuquerque is taking precautions to protect themselves while police continue to investigate the recent string of violence against Muslim men. Khalid Emshadi, a local engineer and physicist, who is running for the New Mexico house of representatives says he is fearful of leaving his home because of the recent killings.

Emshadi says he will be working from home until someone is in custody and is calling on his community to stay home and stay safe. “Other Muslim families here they were very terrified and very devastated because this issue rang the bell in their minds that any one of them could be the next victim for whoever is shooting Muslims,” Emshadi said. He also called for anyone with information, no matter how little, to contact law enforcement

https://www.krqe.com/video/muslim-community-in-albuquerque-takes-precautions/7895572/

COMMENTARY AND ANALYSIS

This is a city and state that is historically known for embracing its ethnic and cultural diversity and welcoming immigrants. As a person whose grandparents were Italian immigrants and who is half Hispanic, who was born, raised and who has lived in Albuquerque for a lifetime, who has raised a family and who has made a living practicing law, I am extremely sickened and very angry to see what our city has become.

The never-ending saga of record-breaking homicide rates, violent crime rates, drug and property crime rates, the increasing homelessness numbers, and now targeted hate crimes, must be aggressively dealt with and stopped. Blaming the pandemic, claiming a national trend and blaming the courts and others for our crime rates has got to stop.

This is not, this must not be, who we are as a community. The expected expression of outrage by our elected officials is simply not enough. We must demand in no uncertain terms is that our elected officials, and yes our law enforcement, do a better job and hold them accountable when they make promises and then fail to keep them which is what has happened in the city for the last 8 years.

This blog article is a highly technical discussion and analysis of the Bernalillo County Metropolitan Specialty Courts known as the Outreach Court, the Veterans Court and the Traffic Court Arraignment Program. The article cites in great detail the state laws that deal with the mentally ill and drug addiction. The article calls for the consolidation and creation of an “Outreach, Veterans and Homeless Court” combining Metro Court and State District Court resources and the city opening of a Homeless Behavioral Health Hospital And Drug Rehabilitation Treatment Center at the Gibson Medical Center instead of a homeless shelter.

APD CRIMINAL LAW ENFORCMENT ACTIONS AGAINST HOMELESS

The City and the Albuquerque Police Department have adopted a “criminal citation” approach rather that and “arrest and confine” approach to deal with the homeless and the nonviolent felony crimes they commit. The main cause of this approach is the settlement of the federal case McClendon v. City of Albuquerque.

The McClendon case was a class-action lawsuit filed on January 10, 1995 in the United States Federal District Court by detainees at the Bernalillo County Detention Center (BCDC) in Albuquerque. The class-action lawsuit alleged that gross overcrowding and racial discrimination at the jail violated the constitutional rights of inmates.

In 2017 the city entered into a Stipulated Settlement Agreement in the McClendon federal case where the city agreed that people accused of nonviolent misdemeanors will not be arrested where there is no circumstances requiring an arrest. The primary reason for the settlement was to prevent jail overcrowding and it had absolutely nothing to do with or how the homeless are treated.

When it comes to “homeless crimes”, meaning illegal camping, criminal trespassing and loitering, those offenders are not to be arrested as the “primary intervention”. Under the settlement terms, police still have the option to issue citations and still have the discretionary authority to make felony and misdemeanor arrests as they deemed appropriate and where the circumstances warrant.

During the June 22, 2021 meeting of the Albuquerque City Council, a city attorney explained the federal pressures the city is operating under. The city attorney cited federal cases arguing that they place limitations on the city and he said this:

“[When it comes to] ‘quote, unquote’ homeless crimes, those offenders are not allowed to be arrested as a primary intervention”.

The APD adopted policy is Standard Operating Procedure 2-80-1 which states in part:

“Police Department policy is to arrest a felony violator of laws which its officers are empowered to enforce. Officers shall issue citations when appropriate in lieu of arrest on non-violent misdemeanor offenses (not to include DWIs) when there are no circumstances necessitating an arrest. In all cases, officers shall follow correct legal procedures required in arresting, booking, and filing charges against such violators.”

“HOMELESS” MISDEAMENOR CRIME CASES ARE OFFICER PROSECUTED CASES

The criminal misdemeanor citations issued by APD police can only be given when a police officer actually witnesses the offense. All such misdemeanor criminal citations are strictly officer prosecuted cases except DWI cases. What this means is that when it comes to the “homeless crimes” of illegal camping, criminal trespassing and loitering, those cases are prosecuted by police officers in Metro Court and do not involve prosecutors from the Bernalillo County District Attorney’s office nor the Albuquerque City Attorney’s office.

KOB 4 contacted APD and asked them to quantify how they are enforcing the law when it comes to the low-level, nonviolent offenses committed by the homeless. An APD spokesman told KOB that since the beginning of 2022 there have been issued 2,308 citations to the homeless and it has issued 614 trespassing notices with 3 trespassing stops revealing outstanding warrants.

https://www.kob.com/new-mexico/unm-law-professor-weighs-in-on-mayors-claims-about-homelessness/

When the homeless fail to show up for arraignments on the citations, bench warrants are issued by the Metro Court or a very large number of criminal citations wind up being dismissed because APD officers does not show to prosecute the cases.

CLOSURE OF CORONADO PARK

On July 25, Mayor Tim Keller announced the closure of Coronado Park. Keller said this in a statement:

“[The]situation is absolutely unacceptable, so we’re going to stop it. In August we’re closing Coronado Park. … It doesn’t matter if we know exactly what we’re doing next. It doesn’t matter exactly what the timing is or how we’re going to do it, but we have to do better than what’s happening at Coronado Park. There is a bed for every person [who stays at Coronado] to go. … The status quo will not stand … This remains a complex issue and while we work to determine what’s next for Coronado, we’ll keep stepping up to get folks connected to the right services and resources. …”

Keller admitted at the time of his announcement to close Coronado Park he had no real plan in place on how to deal with the closure of the park and the placement of upwards of 125 people about to be displaced. Keller essentially “pivoted” from one crisis he created known as Coronado Park to another crisis he will have to deal with when it comes to dealing with the homeless who will be displaced from the park.

A very large percentage of the Coronado Park homeless suffer from mental illness and/ or drug addiction. Many simply refuse “shelter housing” offered by the city, including the shelter housing in the west side 24-7 facility. Virtually none of the individuals who are displaced from Coronado Park will be placed at the Gibson Gateway Homeless Shelter in that it has yet to be opened.

THE CITY’S HOMELESS NUMBERS

The Department of Housing and Urban Development (HUD) defines sheltered homeless as “residing in an emergency shelter, motel paid through a provider or in a transitional housing program.” HUD defines “unsheltered homeless” as “those sleeping in places not meant for human habitation including streets, parks, alleys, underpasses, abandoned buildings, campgrounds and similar environments.”

Homeless providers consistently say the City has upwards of 5,000 homeless or near homeless. The city has upwards of 10 homeless service providers on contract and many of those 5,000 are already being provided with services. The real challenge is to convince that portion of the 5,000 who absolutely do not want any kind of services or help of any kind.

Each year the “Point in Time” (PIT) survey is conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs. The PIT count is done in communities across the country. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD).

According to the most current PIT annual report, there were 1,567 sheltered and unsheltered homeless people living in Albuquerque. The 2021 PIT count found that 73.6% of the homeless population was staying in emergency shelters, transitional housing or using motel vouchers rather than sleeping in alleys, parks and other “unsheltered” locations.

Major highlights of the 2021 PIT report are as follows:

There were 1,567 sheltered and unsheltered homeless people living in Albuquerque, a slight increase over the 2019 count of 1,524 homeless. The 2020 homeless count is 2.8% higher than in 2019 and 18.9% more than in 2017, despite the pandemic limiting the 2021 counting efforts.

The 2021 PIT count found that 73.6% of the homeless population was staying in emergency shelters, transitional housing or using motel vouchers rather than sleeping in alleys, parks and other “unsheltered” locations. The 73.6% in the 2021 count is much a higher than the 2019 and 2017 PIT counts.

Albuquerque’s unsheltered homeless decreased from 567 people in 2019 to 413 in the 2021 count.

42% of Albuquerque’s unsheltered were defined as chronically homeless, meaning they had been continuously homeless for at least a year and had a disabling condition.

21% said they were homeless due to COVID.

37% were experiencing homelessness for the first time.

12% were homeless due to domestic violence.

30.19% of the homeless in Albuquerque self-reported as having a serious mental illness.

25.5% self-reported as substance abusers.

Note that a whopping 55.69% combined total of those surveyed self-reported as having a serious mental illness or were substance abusers.

The link to quoted statistics is here:

https://www.abqjournal.com/2402560/homeless-numbers-see-little-change.html

METROPOLITAN COURT’S OUTREACH COURT PROGRAM

A number of years ago, the Bernalillo Court Metropolitan Court established the specialty court known as “Drug Court” that dealt with those charged with misdemeanors and who suffered from drug addiction. A few years later, the Drug Court evolved into and was later named the “Metro Outreach Court.” The Outreach Court program is a collaborative effort between the Bernalillo County Metropolitan Court, the Office of the District Attorney, the Law Offices of the Public Defender, the Private Defense Bar, the Bernalillo County Attorney’s Office and community providers. The court follows the American Bar Association’s (ABA) seven guiding principles for Homeless Courts and is modeled after the San Diego Homeless Court.

METRO OUTREACH COURT EXPLAINED

The Metro Court Outreach Court has a web page that provides the following description of the court and how it operates:

“The Court model is based around local community service providers being the gateway for participants to enter into programs voluntarily. Outreach Court is a specialty court program aimed at a segment of the population that has limited means of complying with conditions of the court, and faces challenges in obtaining legal representation. As a result, misdemeanor charges are often ignored until the defendant is incarcerated.

Outreach Court is unique from all other specialty courts as it is designed to work with individuals already engaged with treatment providers and give them an opportunity to resolve outstanding misdemeanor cases and warrants. This is accomplished by collaborating with community providers that are already providing services to these individuals.

Outreach Court provides a progressive diversionary program, allowing alternative resolutions in lieu of custody, fines, and fees for most misdemeanor charges. Participants may engage in life skills activities, substance abuse group meetings, literacy classes, and training, or search for employment, counseling, and programming aimed at improving their situations under the guidance of their community provider. The court acknowledges these endeavors in order to satisfy the courts’ requirements.

The prospective participants are referred to court staff to determine eligibility by their community advocate. If approved for participation, court staff will notify all involved parties. The participant will work with their client advocate at their chosen program to design a plan to move towards self-sufficiency prior to appearing in court.

This initiative shows a participant’s willingness to seek justice and to reconcile their past by their continued efforts to reclaim their future. Providers will write letters of advocacy on behalf of the participant and their efforts in the program. This is symbolic of the relationship between the client and the program, and outlines their accomplishments, providing the court with insight into their efforts. The court will review the letter of advocacy and determine the graduation time of the participant to be held at a community provider’s location.

Outreach court enables homeless and precariously housed individuals who are actively engaged in the program to address their outstanding legal obligations, freeing them to reclaim their lives and return to the community as valued members.”

The current presiding Judge of the Metro Outreach Court is the honorable Maria Dominguez.

https://metro.nmcourts.gov/bernalillo-county-metropolitan-court/specialty-courts/outreach-court/

AMERICAN BAR ASSOCIATION PRINCIPLES FOR HOMELESS COURT PROGRAMS

The Metro Outreach court follows the American Bar Association’s (ABA) seven guiding principles for Homeless Courts. Those 7 guidelines are as follow:

(1) Prosecutors, defense counsel, and the court should agree on which offenses may be resolved in the Homeless Court Program, and approve the criteria for individual participation recognizing that defendant participation in Homeless Court Programs shall be voluntary.

(2) Community-based service providers should establish criteria for individual participation in the Homeless Court Program and screen individuals pursuant to these criteria.

(3) The Homeless Court Program shall not require defendants to waive any protections afforded by due process of law.

(4) All Homeless Court Program participants shall have time for meaningful review of the cases and issues prior to disposition.

(5) The Homeless Court Program process and any disposition therein should recognize homeless participants’ voluntary efforts to improve their lives and move from the streets toward self-sufficiency, including participation in community-based treatment or services.

(6) Participation in community-based services shall replace sanctions such as fines, public work service and custody.

(7) Defendants who have completed appropriate treatment or services prior to appearing before the Homeless Court shall have minor charges dismissed, and, where appropriate, may have more serious misdemeanor charges before the court reduced or dismissed. Where charges are dismissed, public access to the record should be limited.

https://www.americanbar.org/content/dam/aba/administrative/homelessness_poverty/policy-resolutions/108a-homeless-court-principles.pdf

METRO “COMMUNITY VETERANS” COURT

In 2012, Bernalillo County Metropolitan Court partnered with the Department of Veterans Affairs and the Albuquerque Veteran’s Medical Center to implement a Veterans Program.

VETERANS COURT EXPLAINED

The Veteran’s Court has a web page that provides the following description of the court and how it operates

“A team of criminal justice, treatment, and Veteran’s Affairs professionals were assembled that meet on a monthly basis to discuss Veteran defendants in Bernalillo County who were facing criminal charges or were struggling to meet their probation requirements.

The team soon learned first-hand how partnering with the VA and Veteran community resources was necessary in the effort to break down barriers and improve the identification and meeting the specialized needs of Veterans.

The Community Veterans Court began admitting participants in May of 2016. … [This] Court leads a multidisciplinary team consisting of two probation officers, an assistant district attorney, a public defender, and the Veterans Justice Outreach Coordinator from the New Mexico Veterans Administration Health Care System. To be eligible, defendants must be veterans of military service from any era regardless of discharge status, in the National Guard, or in the Reserves. Additionally, they must have been charged with a misdemeanor in Bernalillo County and volunteer to join the Court. Treatment services for any substance use disorder or mental illness, such as PTSD, are obtained primarily from the Veterans Administration Hospital or local Veterans Clinic.

Participants meet with the judge for status hearings one or more times per month, undergo frequent and random drug and alcohol testing, meet with an assigned probation officer, engage satisfactorily in treatment, and satisfy other conditions of the Court. Each participant is paired with a mentor, who is also a veteran. The unique camaraderie of the veteran’s group is a vital component in each participant’s recovery.

https://metro.nmcourts.gov/bernalillo-county-metropolitan-court/specialty-courts/community-veterans-court-c-v-c/

VETERANS COURT ELIGIBILITY CRITERIA

The Veterans Court has the following 6 eligibility criteria for participants

1. 18 years of age or over
2. Charged with a misdemeanor offense in Bernalillo County
3. Must have served in the U.S. Armed Forces or the corresponding reserve branches and/or members of the National Guard. Less than honorable discharges are reviewed on a case by case basis
4. Eligibility for CVC is not determined by eligibility for benefits from the Veterans Administration
5. An identified treatment need/issue substantially related to the offense
6. Consent of the prosecuting authority for pre-plea referral to the CVC or post plea if a presumptive commitment to prison/ jail exists.

Acceptance in the program is contingent upon meeting the full eligibility criteria of the program and approval of the CVC Presiding Judge.

You may be excluded from the CVC Program if you:

• Have a conviction or a guilty plea to any offense deemed violent or inappropriate for the CVC.

• Have been found guilty for any degree of murder, voluntary or involuntary manslaughter, or an offense involving a weapon.

• Have been found guilty of a sexual offense.

• Have another pending criminal case in which you would be deemed ineligible.

• Are on probation/parole supervision for another case.

https://metro.nmcourts.gov/bernalillo-county-metropolitan-court/services/language-access/eligibility-criteria/

https://metro.nmcourts.gov/bernalillo-county-metropolitan-court/specialty-courts/community-veterans-court-c-v-c/

PILLARS OF VETERANS COURT

The following 3 pillars are required of each participant:

1. Honesty: Committing to your own recovery by being truthful in dealing with others and yourself. When you make a bad decision, take responsibility for it. The goal of this program is to assist you in your recovery, but this goal can only be met if you are honest with the team and yourself.

2. Integrity: Maintaining good character and abiding by a self-imposed moral code no matter where you are or who you are with. As the Judge likes to say, “doing the right thing when no one is looking.”

3. Accountability: Investing in your own mental, emotional and physical recovery by being mindful of your actions and impulses. Be accountable to the team, but more importantly, be accountable to yourself and the goals you have set for yourself in your recovery.”

DIVERSIONARY/FIRST OFFENDER DWI TRACK

“The six (6) month Diversionary and DWI First Offender Track … [is] screened by a program probation officer for eligibility or suitability. This screening can occur prior to the case being set for trial through a “pre- screening” process. The CVC screenings can be requested by your attorney and/or prosecuting attorney by contacting a CVC probation officer or staff.”

POST PLEA TRACK

The CVC does not become involved in the process of a plea agreement. All plea agreements [are] … made prior to entry into the program [and] … by [the defense] … attorney and the prosecuting attorney’s office. All pending criminal cases have to be resolved prior to admission into the CVC program. The post-plea track is expected to last a minimum of 12 months. There are four phases in the post-plea track and advancement from phase to phase is based on meeting clearly outlined criteria.

https://metro.nmcourts.gov/bernalillo-county-metropolitan-court/specialty-courts/outreach-court/

TRAFFIC COURT ARRAIGNMENT PROGRAM

Virtually all misdemeanor citations issued by and APD officer, except that of DWI, are officer prosecuted cases where police must appear for arraignments and where they must eventually prosecute the cases themselves before a judge. There is one major exception to this general rule of officer prosecuted cases and that is the Metropolitan Court Traffic Court Arraignment program where Assistant City Attorney’s are cross deputized by the Bernalillo County District Attorney to handle arraignments of traffic cases and negotiate plea and disposition agreements with the assistance of paralegals.

In 2006, the Metropolitan Traffic Court Arraignment Program was created by an agreement between the City Attorney, the Bernalillo County District Attorney and the Bernalillo County Metropolitan Court. Despite the historical and designated role of the Bernalillo County District Attorney’s office as the chief law enforcement office for the prosecution of criminal cases, misdemeanor or felony cases, the City Attorney’s office was tasked with the program. Then Deputy City Attorney Pete Dinelli was given the assignment to create the program with the hiring of Assistant City Attorneys and paralegals and to manage and oversee the attorneys and Para Legals.

Assistant City Attorneys are cross deputized or appointed “special prosecutors” by the Bernalillo County District Attorney with the sole authority to negotiate plea and disposition agreements in traffic cases at the time of arraignments and approved by a Metro Judge, thereby negating the need for sworn APD personnel to appear at arraignments. The rationale for the city attorney’s office to be involved with traffic arraignments is to provide a major accommodation to the Metropolitan Court and to eliminate the need of sworn APD officers to go to court for arraignments on traffic offenses. The traffic court arraignment program reduces police overtime where APD sworn personnel are entitled to a minimum of 2 hours of overtime charged at time and a half under the union contract.

When a person is stopped and issued traffic citation, the citing sworn officer determines if the driver will contest the citations. If the driver wants to contest the citations issued, an arraignment date and time is immediately scheduled by the citing officer utilizing a Metro Court scheduling program developed by the court. The Metropolitan Traffic arraignment program streamlines the process, saves time and money and negates the appearance of police officers at arraignments.

NEW MEXICO STATUTORY LAW ON CIVIL COMMITMENTS FOR MENTALLY ILL AND DRUG ADDICTED; 

EDITOR’S NOTE: The state laws dealing with mental illness commitment hearings are highly technical for reading by a layperson but do provide a succinct outline of how the process works. For that reasons the statutes quoted herein have been heavily edited with deletions to assist the reader.

NM Statute §43-1-1 (2019)

It is Chapter 43 of the New Mexico Statutes that deals with mental illness commitment procedures and mental health evaluations of criminal defendants and to provide court ordered treatment.

NM Stat § 43-1-1 (2019) provides in part as follows:

“A. Whenever a district court finds it necessary to obtain an evaluation of the mental condition of a defendant in a criminal case, the court shall order an evaluation from a qualified professional available to the local facilities of the court or from a qualified professional at a local mental health center designated by the secretary of health. …

The Secretary of Health shall arrange for a qualified professional furnished by the state to visit the defendant in local facilities available to the court or shall designate suitable available facilities. If the secretary of health designates a local mental health center or a state facility for the defendant’s evaluation within forty-eight hours of service of the evaluation order, the secretary of health shall notify the court of such designation.
…

B. If the Secretary of Health elects to have the defendant retained at the district court’s local facilities, the qualified professional furnished by the state shall visit the local facilities not later than two weeks from the time of service of the court’s evaluation order upon the secretary of health … .

C. If the Secretary of Health elects to have the defendant transported to the facilities designated by the Secretary of Health for the purpose of evaluation, the evaluation shall be commenced as soon as possible after the admission of the defendant to the facility, but, in no event, shall the evaluation be commenced later than seventy-two hours after the admission.

The defendant, at the conclusion of the evaluation, shall be returned by the county sheriff to the local facilities of the court upon not less than three days’ notice. After the evaluation is completed, the qualified professional furnished by the state shall be available for deposition to declare his findings. The usual rules of evidence governing the use and admissibility of the deposition shall prevail.

D. Documents reasonably required by the secretary of health to show the medical and forensic history of the defendant shall be furnished by the court when required.

E. After an evaluation and upon reasonable notice, the district court may commit a dangerous defendant charged with a felony … or may dismiss the charges without prejudice and refer the defendant to the district attorney for possible initiation of proceedings under the Mental Health and Developmental Disabilities Code.

A defendant so committed under the Mental Health and Developmental Disabilities Code shall be treated as any other patient committed involuntarily.

Whenever the Secretary of Health determines that he does not have the ability to meet the medical needs of a defendant committed … the secretary or his designee shall serve upon the district court and the parties a written certification of the lack of ability to meet the medical needs of the defendant.

The court shall set a hearing upon the certification within ten days of its filing and shall, after the hearing, make a determination regarding disposition of the criminal case.

When deemed by the Secretary of Health to be medically appropriate, a dangerous defendant committed pursuant … may be returned by the county sheriff to the custody of the court upon not less than three days’ notice. The secretary shall provide written notification to the court and parties within three days of the defendant’s discharge.

F. … .”

NM STATUTE § 43-1-11 (2020)

In 2020, the New Mexico Legislature enacted 43-1-11 providing for and outlining a process for the civil commitment of adults for mental health evaluations and to provide medical help.

NM Stat § 43-1-11 (2020) provides in part as follows:

“A. Every adult client involuntarily admitted to an evaluation facility … has the right to a hearing within seven days of admission unless waived after consultation with counsel.

If a physician or evaluation facility decides to seek commitment of the client for evaluation and treatment, a petition shall be filed with the court within 5 days of admission requesting the commitment.

The petition shall include a description of the specific behavior or symptoms of the client that evidence a likelihood of serious harm to the client or others and shall include an initial screening report by the evaluating physician individually or with the assistance of a mental health professional or, if a physician is not available, by a mental health professional acceptable to the court.

The petition shall list the prospective witnesses for commitment and a summary of the matters to which they will testify. … .

B. At the hearing, the client shall be represented by counsel and shall have the right to present evidence on the client’s behalf, including testimony by an independent mental health professional of the client’s own choosing, to cross-examine witnesses and to be present at the hearing.

… .

C. A court-appointed guardian for an adult involved in an involuntary commitment proceeding shall have automatic standing [or right] to appear at all stages of the proceeding … .

D. The court shall include in its findings the guardian’s opinion regarding the need for involuntary treatment … .

E. Upon completion of the hearing, the court may order a commitment for evaluation and treatment not to exceed thirty days if the court finds by clear and convincing evidence that:

(1) as a result of a mental disorder, the client presents a likelihood of serious harm to the client’s own self or others;

(2) the client needs and is likely to benefit from the proposed treatment; and

(3) the proposed commitment is consistent with the treatment needs of the client and with the least drastic means principle.

F. Once the court has made the findings set forth … , the court shall hear further evidence as to whether the client is capable of informed consent. If the court determines that the client is incapable of informed consent, the court shall appoint for the client a treatment guardian … .

G. An interested person who reasonably believes that an adult is suffering from a mental disorder and presents a likelihood of serious harm to the adult’s own self or others, but does not require emergency care, may request the district attorney to investigate and determine whether reasonable grounds exist to commit the adult for a thirty-day period of evaluation and treatment.

The applicant may present to the district attorney any medical reports or other evidence immediately available to the applicant but shall not be required to obtain a medical report or other particular evidence in order to make a petition.

The district attorney shall act on the petition within seventy-two hours. If the district attorney determines that reasonable grounds exist to commit the adult, the district attorney may petition the court for a hearing.

The court may issue a summons to the proposed client to appear at the time designated for a hearing, which shall be not less than five days from the date the petition is served.

If the proposed client is summoned and fails to appear at the proposed time and upon a finding of the court that the proposed client has failed to appear, or appears without having been evaluated, the court may order the proposed client to be detained for evaluation … .

H. … .”

https://law.justia.com/codes/new-mexico/2020/chapter-43/article-1/section-43-1-11/#:~:text=An%20interested%20person%20who%20reasonably,grounds%20exist%20to%20commit%2

COMMENTARY AND ANALYSIS

By all accounts and based upon lengthy discussion with both the presiding Judges of the “Metro Court Outreach Court” and the “Metro Community Veterans Court”, both specialty courts can be considered highly successful.

APD is doing its job with resources it has when it comes to the homeless. As noted since the beginning of 2022 there have been issued 2,308 citations to the homeless and it has issued 614 trespassing notices with 3 trespassing stops revealing outstanding warrants. However, much more can be done with the coordination of resources and placing an emphasis on dealing with the mentally ill and the drug addicted. The Metro Court should establish an identical procedure that it has with the Metro Traffic Arraignment Program that when the officer issues the citation to the homeless person, a Notice of a a date and hearig is also provided in the citation itself.

A glaring reality is much more must be done with the initiation of civil commitment hearings to deal with the mentally ill and the drug addicted who are homeless and to ensure that they get the medical treatment and counselling services they need.

Both the City Attorney and the Bernalillo County District Attorney can and should dedicate resources in the form of attorneys that will assume the filing of civil mental health commitment pleadings for such hearings as prescribed by law. The New Mexico Public Defender should also be called upon by the Court to provide a defense where and when needed.

APD needs and should assume the responsivity to investigate and identify those homeless and drug addicted who are criminal offense repeat offenders, both misdemeanor and felony, and who pose a danger to themselves and others. Constitutional policing practices must be adhered to avoid violations of civil rights.

A program of cross deputization of City Attorney’s by the Bernalillo County District Attorney to allow them to file civil mental health commitment petitions in State District Court in misdemeanor and felony cases can be created. This would be similar to what is done with the Metro Traffic Court arraignment program.

CREATE “OUTREACH, VETERANS AND HOMELESS COURT”

What can and should be created is one single specialty court designated as the “Outreach, Veterans and Homeless Court” or OVH Court. The Criminal Division of the State District Court should assign a District Court Judge do deal exclusively with mental health commitment hearings with the help of Metro Judges and the consolidation and the assistance of “Metro Court Outreach Court” and the “Metro Community Veterans” court under one court that is established in both Metro Court and State District Court using both court’s resources including courtrooms.

OPEN HOMELESS BEHAVIORAL HEALTH HOSPITAL AND DRUG REHABILITATION TREATMENT CENTER

The city for its part should seek to dedicate the massive 572,000 square-foot Gibson Medical complex as a “Homeless Behavioral Health Hospital And Drug Rehabilitation Treatment Center” and abandon its efforts to create an overnight homeless shelter known as the Gateway Shelter. The highest and best use for the Gibson Medical Center facility is a hospital or medical facility, the purpose for which it was originally built for and for which it is already zoned. This will allow the facility to be used for civil commitments by the “Outreach, Veterans and Homeless Court” to deal with the homeless crisis.

The Gibson Medical facility needs to be staffed with full time physicians, counselors, social workers and mental health experts to provide the needed care to the homeless who are suffering from addiction or mental illness. Services and medical and mental health care at the center should be offered to the homeless with a “self-commitment” component for a period of time that will guarantee access to the necessary medical and mental health services.

The facility is large enough where it can be remodeled to ensure safety and accommodate both services to the mentally ill and drug addicted homeless and separate them from other homeless who do not suffer from mental illness and drug addiction but who go to the facility for other services provided to the homeless.

Efforts should be made by the city to seek emergency funding from Bernalillo County Commission and the behavioral health tax with a “Memorandum Of Understanding” for the county to staff the facility while the city operates, maintains it, remodels it and provides security.

The city has a moral obligation to help the homeless who suffer from mental illness and drug addiction.
A Homeless Behavioral Health Hospital and Drug Rehabilitation Treatment Center at the Gibson Medical Center would fill that void and provide a facility that is absolutely necessary to provide medical health care to the homeless.