APD External Force Investigation Team Files Fourth Quarterly Report; Oct. 5 Hearing Scheduled; DOJ Agrees To Allow APD To Self-Monitor One Third Of CASA Reforms

On February 26, 2021, the United States District Court for the District of New Mexico granted a joint motion filed by the United States Department of Justice (“DOJ”) and the City of Albuquerque (“City”) with the concurrence of the Independent Monitor (“IM”) by entering a Stipulated Order Establishing an External Force Investigation Team (EFIT).  The EFIT is an outside team of experts that investigates APD officer involved “Use of Force” cases.

The External Force Investigation Team was created when the Federal Monitor found that APD intentionally did not investigate 667 of use of force cases.  A Court Order was agreed to by the city to establish the EFIT and its mission after the DOJ made it know it was prepared to seek contempt of court for willful violation of the Court Approved Settlement Agreement (CASA) and seek sanctions against the city.

HOW EFIT WORKS

EFIT is on call 24/7 and must respond to all call outs within one hour of notification. All Use of Force (“UOF”) investigations must be completed within 60 days with an additional 30-day supervisory review period for a total of 90 days from start to finish.  EFIT must conduct joint investigations with APD Internal Affairs Force Division (“IAFD”) of all Level 2 and Level 3 Use of Force incidents.   The joint investigations include all Tactical Deployments where Use of Force is utilized. EFIT must also assist APD with training concerning the UOF. The EFIT Executive Team worked with APD IAFD to establish a detailed IA Investigative Process Narrative that governs the response protocols to any Level 2 and 3 UOF cases.

On March 21, 2022, an Amended Stipulated Order Establishing the EFIT was agreed to by the parties. The Amended Stipulated Order modifies the EFIT in two ways:

First it requires the EFIT to investigate all use-of-force incidents occurring between January 1, 2020, through July 16, 2021, that APD did not investigate, in full or in part, in violation of the Court Approved Settlement Agreement (“CASA”)

Second it extends by 24 months, from May 2022 through May 2024, the period during which the City shall continue to engage EFIT to assist IAFD to investigate new Level 2 and Level 3 use-of-force incidents

SECOND EFFIT TEAM CREATED, STAUS OF BACKLOG

Pursuant to an  Amended Stipulated Order the City drafted a contract for EFIT to establish a secondary team (“EFIT 2”) to investigate and address a  667 backlog of cases. The EFIT 2 Team is now fully operational and has established an approved methodology and commenced investigating and closing the backlog cases. Following is the status of those cases:

Total Backlog: 667

Cases Assigned to EFIT Investigators: 43

12 UOF Investigations Previously Completed by IAFD Assigned to EFIT:  12

Sub-Total: 52

12 UOF Investigations Previously Completed by IAFD Closed by EFIT:  12

EFIT Investigators – UOF Investigations Closed 14

Total Completed:  27

Investigations Pending:  640

External Force Investigation Team Fourth Quarterly Report, page 41.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

 MAJOR HIGHLIGHTS OF EFIT FOURTH QUARTERLY REPORT

On August 23, the External Force Investigation Team (EFIT’S) filed its fourth quarterly report for the time period of April 22, 2022, August 5, 2022. The document is 45 pages long with the link to the document here:

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

EDITOR’S NOTE: This blog article concentrates on the statistical information contained in the report and does not report on the management issues and decisions made.

 STATISTICS CITED

The External Force Investigation Team   fourth quarterly report provides a table outlining the number of Use of Force cases investigated, time taken to complete the investigation, including supervisory review, and the percentages where the investigation were found out of compliance.  Following is the data gleaned from the table for each time period:

From October 1, 2021 to Dec 31, 2021 there were 111 use of force cases taking an average of 55.35 days to investigate, 24.94 days for supervisor review, for a total of 88.37 days to investigate and close, with 27.02% found out of compliance and 9.90% out of APD Use of Force Policy.

From January 1, 2022 to March 31, 20222022 there were 103 use of force cases taking an average of 53.63 days to investigate, 18.71 days for supervisor review, for a total of 87.88 days to investigate and close with 60.19% found out of compliance and  7.76% out of APD Use of Force Policy.

From April 1, 2022 to June 30, 2022 there were 103 use of force cases taking 53.03 days to investigate, 16.02 days for supervisor review, for a total of an average of  85.39  days to investigate and close with 22.33% out of compliance and 5.82% out of APD Use of Force Policy.

From July 1, 2022, to August 18, 2022 there were 55 use of force cases closed taking an average of 51.13 days to investigate, 18.26 days for supervisor review, for a total of 86.67 days to investigate and close with 14.54% out of compliance and 5.54% out of APD Use of Force Policy.

External Force Investigation Team Fourth Quarterly Report, page 21.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

During the quarterly reporting period of April 22, 2022 to August 5, 2022, APD experienced 4 Officer Involved Shooting incidents, 2 accidental discharges in addition to 15 tactical activations, 3 use of K9 , 22 use of a tazer, and 12 involving an impact weapon. EFIT previously identified numerous issues regarding these cases. Specifically, during this most recent quarter, EFIT observed and/or discovered that IAFD made a noticeable improvement with the way IAFD is handling Officer Involved Shootings and other complex investigations.

As of 4th quarterly report, 26 out of the 361 or 7.20% of the Use of Force investigations closed by the External Force Investigation Team (EFIT) and the Internal Affairs Force Division (IAFD) were found to be not within the APD Use of Force policies.  This is a reduction from the 9.17% reported in the previous quarterly report.

Most significantly, 121 out of the 361 or 33.51% of the UOF investigations closed by EFIT/IAFD were out of compliance when evaluated against the Process Narrative utilized to assess investigations.  This is a reduction from 44.45% reported in the previous quarterly report. While this is still an obvious concern for IAFD EFIT, the EFIT was  very encouraged by the approximately 11-point reduction.

As August 5, 2022, EFIT/IAFD responded to, and are investigating, a total of 502 Use of Force incidents. These investigations were completed on an average of 53.84 days. In addition, 361 Use of Force investigations were closed, 26 averaging a total of 87.10 days for closure. The 502  UOF incidents to included 15 Officer Involved Shootings (“OIS”) and 3 referrals to the Multi-Agency Task Force (“MATF”) with 9 for potential criminal violations. EFIT/IAFD completed 361 investigations all within the 90-day time period outlined in the Amended Stipulated Order.

Although there has been improvement with the time in completing the investigations, EFIT remained concerned that these averages are too close to the maximum range and remain too high if EFIT is to complete its Court ordered mandate. Supervisor reviews remain at an average of 20.81 days. Of the UOF cases closed (361), 26 UOF cases were out of APD Policy, or 7.20%, 28 and 121 of the 361 investigations or 33.51% failed to comply with the Process Narrative.

Since its inception, EFIT assumed 13 UOF investigations, but only 2 during the current reporting period as those investigations became close to violating the stipulated timelines but assumed only one case during this reporting period.

The EFIT noted and reported that it witnessed a marked improvement in the workings of IAFD.  According to the EFIT, while there remains a great deal of work to be done, the tone and tenor within IAFD has improved substantially in this reporting period.

The EFIT also noted previous concerns regarding supervision and sustainability. It appears that APD is taking this issue seriously and EFIT welcomed the addition of Commander Scott Norris to head the IAFD Department. According to the report, the EFIT is working closely with Commander Norris.

The EFIT reported that the intention of the report is to provide the Court with a better understanding of the successes, recommendations and the failures of APD, particularly IAFD.  To quote the report “It is EFIT’s goal to teach, mentor and professionalize IAFD so that when EFIT’s assignment is completed, EFIT leaves the City with a sustainable division that investigates UOF incidents in a timely and professional manner.”

STAFFING

 As of August 5, 2022, the Internal Affairs Force Division (IAFD) must be staffed with 25 Detectives/Investigators. Currently IAFD has 15 civilian Investigators and 14 Detectives.  However, it is anticipated that by the end of the current year, IAFD may lose several of the most experienced personnel due to retirements, promotions, and Officers requesting transfers to field divisions and specialized field units.

The APD Chief authorized the staffing of IAFD to be increased in anticipation of the expected loss of an additional 7 sworn personnel. While these staffing levels must be maintained under the Amended Stipulated Court Order, EFIT  continue to express concern that these numbers tend to fluctuate and retention of both sworn and civilian personnel is a constant concern as IAFD moves extremely close to falling below required staffing levels.

As of August 5, 2022, IAFD is currently staffed as follows:

11 Sworn fully trained.

2 Sworn on leave (counted in the 11 above)

2 Sworn in PRU31 (not counted of the 11 above)

1 Sworn Vacancy

10 Civilian Investigators fully trained

1 Civilian Investigator in training

1 Civilian Investigator on leave

1 Civilian working on FRB preparation work (not counted in the 10 above);

4 Sergeants.

1 PRU Sergeant.

2 Acting Sergeants.

0 Lieutenants.

1 Acting Lieutenant

2 Deputy Commanders

2 Acting Deputy Commanders.

4 Support personnel.

The IAFD was authorized to hire 7 civilian investigators. 3 have a hire date and one is pending a hire date; thus, 4 are pending.

External Force Investigation Team Fourth Quarterly Report, page 33.

https://www.cabq.gov/police/documents/942-220823-efit-qr-4.pdf

COURT HEARING SCHEDULED

A Federal Court “Status Conference” hearing on the fourth External Force Investigation Team report is scheduled for Wednesday, October 5, 2022, beginning at 1:30 pm in  the Vermejo Courtroom, on the fourth floor of the Federal Courthouse in downtown Albuquerque, 333 Lomas Blvd., NW, between 3rd and 4th Streets, NW.  The hearing is open to the public.  You can also attend the status conference by Zoom Video by sending  an  email with your full name and email address to Ms. Annamarie Maresca, the Paralegal Specialist who works with the DOJ team on this case, at Annamarie.Maresca@usdoj.gov by noon on Monday, October 3, 2022.

EFIT’s next quarterly report will be filed with the Court on November 16, 2022.  It will to will contain an analysis of issues based on the findings of both APD and the Use of Force compliance unit and case investigative compliance.

15TH FEDERAL MONITOR’S REPORT ON APD REFORM COMPLIANCE

On May 11, Federal Court Appointed Independent Monitor James Ginger filed his 15th Report on the Compliance Levels of the Albuquerque Police Department (APD) and the City of Albuquerque with Requirements of the Court-Approved Settlement Agreement. The 15th Federal Monitors report is a 332-page report that covers the 6-month time frame of August, 2021 to January, 2022. The link to review the entire report is here:

https://www.cabq.gov/police/documents/910-220511-imr-15.pdf

The Federal Monitor reported that as of the end of the IMR-15 reporting period, APD’s compliance levels are as follows:

Primary Compliance: 100%
Secondary Compliance: 99%
Operational Compliance: 70%

These are the highest compliance level numbers since the Court Approved Settlement agreement was entered into in 2014. The 15th Federal Monitors report is also a dramatic reversal from the past 3 monitor reports that were highly critical of the Keller Administration and the Albuquerque Police Department.

The Federal Monitor Ginger said that the quality of writing and accuracy of investigations of police use of force cases has improved greatly since the creation of the External Force Investigation Team which has streamlined reviews of use of force and investigations by upper-level staff.

The Federal Monitor said this in his 15th report about EFIT:

“… optimism should be tempered by recognition of administrative and cultural obstacles that persist. … Eventually, EFIT will pass oversight responsibilities back to APD, which will test APD’s ability to sustain the obvious progress made with day-to-day external oversight.”

The link to quoted news source material is here:

https://www.abqjournal.com/2498594/apd-sees-significant-gains-in-reform-effort.html

DEPARTMENT OF JUSTICE AGREES TO ALLOW APD TO SELF MONITOR

On September 15, 2022 it was reported that the Albuquerque Police Department and the U.S. Department of Justice (DOJ) have formalized and agreement that will allow APD to oversee police reform mandated on their own. The DOJ has been monitoring those efforts since 2014 after a DOJ investigation found a pattern of excessive force and deadly force and a “culture of aggression” within APD, especially when dealing with the mentally ill.   Over the summer, the City and the DOJ had reached the agreement, but APD needed time for formulate and implementation plan of how it would work. The partis filed the joint notice and a 47-page plan in federal court on September 15.

The Federal Court Approved Settlement (CASA) has 276 paragraphs, each detailing different areas and mandating reforms.  The APD and the DOJ formalized self-reporting agreement covers 61 of the 277 total paragraphs in the CASA or nearly a quarter of the oversight requirements.  Federal Independent Monitor James Ginger will continue to assess some aspects of APD’s progress, but many aspects will now be under APD’s own oversight, essentially loosening the grip the U.S. Department of Justice

According to the Federal Monitor’s reports, APD has maintained compliance in several areas for the last few years. APD will now assume self-monitoring in the following areas of the Court Approved Settlement Agreement (CASA):

  • The Multi-Agency Task Force used to investigate police shootings
  • Specialized Units like the SWAT team
  • The Behavioral Sciences Section.   This will involve APD coordinating with the Mental Health Response Advisory Committee to develop crisis intervention training. APD will look at the current training plans for crisis intervention procedures and report meeting minutes with the Mental Health Response Advisory Committee.
  • The Field Training and Evaluation Program which includes recruiting, hiring and promotions
  • Public Information process on Civilian Complaints
  • Staffing, including a required staffing study
  • Recruitment and Hiring
  • Performance Evaluations and Promotions
  • Officer Assistance and Support

Some of the measures are considered “quantitative in nature” and can be measured in numbers. Other measures of compliance are “qualitative” such as APD recruits having a way to provide feedback during field training with APD relying on recruit critiques to assess progress.

REACTION TO SELF MONITORING AGREEMENT

The City and the DOJ were quick to react to the agreement.

Mayor Tim Keller had this to say:

“This agreement marks a huge milestone for our police department and our city and should be noticed as a significant accomplishment in the reform process. …  As this process has not been easy for our officers, we did not give up on getting through the challenges and have done so in a way that is sustainable for our police department and its dedicated staff.”

U.S. Attorney Alexander Uballez for the District of New Mexico also commended the work APD has done and said this

“Successful self-assessment is the cornerstone of true reform, and the Albuquerque community should expect no less … Together, we will realize the goals set out by this community, through mutual agreement, seven years ago.”

APD Chief Harold Medina for his part had this to say:

“I am pleased we have finally found a light at the end of the tunnel in the reform process. … We overcame many challenges to get to this point. I appreciate the acknowledgement from the DOJ of our progress and our commitment to reform at APD.”

Links to quoted news sources are here:

https://www.kob.com/new-mexico/apd-doj-formalize-agreement-to-self-monitor/

What’s next for Albuquerque police after DOJ ‘loosens grip’ on oversight? (krqe.com)

https://www.abqjournal.com/2532494/apd-doj-formalize-agreement-to-self-monitor-some-reform-requirements.html

COMMENTARY AND ANALYSIS

It is disappointing that only 43 of the 667 backlog of cases have been resolved with 640 remaining.  With the passage of time, those investigations become far more difficult, and no disciplinary action can be taken leading to the questioning if anything substantive will actually be accomplished with APD and its reform efforts other than carrying out a demand that the DOJ has made?

Notwithstanding, significant progress has been reported in the   EFIT  Fourth  Quarterly report.  With APD assuming self-monitoring in one third of the court order reforms, and after over 7 years of implementing the mandating DOJ reforms, and millions spent on training, APD appears to have finally turned the corner on implementing the 271 mandated reforms. APD Chief Harold Medina’s goal to attain full compliance within two years commendable, but in reality, means the public needs to brace itself for the DOJ being around for at least 4 more full years.

Under the terms and conditions of the Court Approved Settlement Agreement (CASA), once APD achieves a 95% compliance rate in the 3 identified compliance levels and maintains it for 2 consecutive years, the case can be dismissed. Primary Compliance is now at 100%, Secondary Compliance is now at 99% and Operational Compliance is now 70%. The problem is APD also has a history of improving compliance levels taking major steps forward only for it return to previous lower levels.

 

Clash In Governor’s Race First Debate Ends With No Gaffs, No Clear Winner; Childish Mockery By Ronchetti Noted

The first debate between Democrat Governor Michelle Lujan Grisham who is seeking a second term and TV Weatherman personality Republican Mark Ronchetti was billed by Channel 4 as an anticipated heated exchange, and the candidates did not disappoint. Libertarian Party candidate for Governor Karen Bedonie was not invited to debate.  The debate was moderated by Channel 4 reporters Tessa Mentus and Matt Grubs. Both candidates intensified their attacks on each other, sometimes getting very personal.

Recent polls show that Ronchetti is trailing in the race by between 4% and 7% with one poll suggesting that Governor Lujan Grisham has a 12% lead.  The polls also revealed that abortion, crime, the economy are the top 3 issues in the race.

It came as no surprise that Ronchetti, who spoke first, seized the chance to slam the Governor on New Mexico’s high violent crime rates and the shutdown of businesses and in-person schooling during the peak of the pandemic.

Lujan Grisham for her part stood her ground and pushed back sharply offering herself as battled-tested leader willing to make tough decisions in contrast to an opponent who’s never held office before and who has never had to make tough decisions in times of crisis.

DEBATE TOPICS

The debate itself covered a wide range of subjects including crime, abortion, the state’s education system, the economy, the judicial system and the pandemic.  Both stood their ground and exchange accusations and at times personal insults.

ABORTION

Abortion is considered the defining issue in the race.

In 2021, Lujan Grisham helped legislators repealed the dormant 1969 statute that had outlawed abortion procedures as felonies.  The 1969 criminal law could have been enforced following the Supreme Court decision overturning Roe v. Wade.

Lujan Grisham had this to say:

“If Mark Ronchetti was governor today, abortion would be illegal in the state of New Mexico. … Because I’m governor, abortion is legal in the state of New Mexico.   As long as I’m governor, a woman’s constitutional right to privacy to make her own highly, deeply personal decisions about her health care and her family’s will stay legal. … The fact that anyone should get to vote about my personal health care decision is quite frankly outrageous.”  

Ronchetti has insisted on the campaign trail that he would not seek to ban abortion entirely despite his personal anti-abortion views. Ronchetti is advocating for a ban on abortions after 15 weeks of pregnancy with exceptions for rape, incest and risk to the physical health of the mother proposing a statewide referendum on abortion restrictions.

“Everybody in the state of New Mexico should be able to vote on it and come up with something that fits our shared values.”

In mid-July, Mark Ronchetti’s promise on the campaign trail that he would not seek to ban abortion entirely was seriously discredited when Legacy Church Pastor Steve Smothermon told his Christian fundamentalist “mega church” congregation in a Sunday sermon that Ronchetti personally confessed to him in private that he made the promise only to get elected.  Smothermon was quoted as saying:

“[Mark Ronchetti] said, ‘listen, I just want to start with getting rid of partial birth abortion in the whole state’–which we should be happy with–and he said ‘but I can’t just go in and do it 100% because I won’t ever get elected.’ He said I just want to start but his goal would be to end abortion in New Mexico. Just so you know.”

Lujan Grisham for her part said in rebuttal that Ronchetti has shifted his positions on abortion “more than the weather changes right here in New Mexico.” Lujan Grisham also said no politician, no voter and no government has any right to tell a woman if she should have an abortion.

CRIME AND CRIMINAL JUSTICE

Ronchetti focused on New Mexico’s high violent crime rate pointing out that the state is second in the nation in 2020.  Ronchetti faulted the governor on crime and public safety. He accused the Governor of appointing judges who are “soft on crime” and made it more difficult to be a police officer. He accused her of not trying hard enough to secure legislative approval to revise the state’s bail system for criminal defendants.

Ronchetti said this:

We have soft-on-crime judges and we still have catch-and-release. … If you think the system is broken, she is the head of the system. … There has to be a change here — she hasn’t taken crime seriously.”

Lujan immediately shot back suggesting Ronchetti has only superficial plans for tackling complex problems and said this:

“Bold words from someone who’s never even been to a legislative session.”

Ronchetti ridiculed the governor as out of step with the struggles of ordinary New Mexicans and acted with sarcastic faux indignation at the idea that he had not spent time at the Capitol to understand New Mexico’s problems. Ronchetti said this:

Are you kidding me? Everybody in Albuquerque lives it. We live it — we live the crime everyday. … You don’t have to go to the Roundhouse.”

A voter-approved constitutional amendment in 2016 made it harder to deny bail while defendants await trial.   Lujan Grisham did attempt to make changes to the law of pretrial detention, but the legislature failed to adopt a “presumption of being violent” standard to hold defendant charged with a violent crime in jail pending trial.

Governor Lujan Grisham was also critical of the state’s bail system but also pointed to accomplishments that will improve the judicial system.  She noted that she signed legislation that boosts retention pay for municipal police and sheriff’s deputies, bestows million-dollar death benefits for relatives of police killed in the line of duty and expanded intervention programs to rein in gun violence. Lujan Grisham had this to say:

“We’re giving our police officers the raises and dignity they deserve, the professional development training, the tools to keep them safe, the equipment and vehicles, a new crime lab.”

PUBLIC EDUCATION

When asked about education, both candidates agreed that smaller class sizes would help boost New Mexico student outcomes. Ronchetti focused on New Mexico’s dismal academic proficiency rates for students.

But neither Ronchetti nor Lujan Grisham laid out a plan to respond to the 2018 landmark public education court decision Martinez-Yazzie that found New Mexico was failing to meet its constitutional obligation to provide an adequate education to all students, particularly Native Americans and English-language learners.

Lujan Grisham urged the public to support her increase in new state spending in public education and college subsidies, arguing the small businesses crave a prepared workforce. Lujan Grisham said this:

“We’ve invested billions of dollars into public school classrooms and to the pay raises for teachers and to expanded pre-K and daycare and … tuition-free higher education for thousands of New Mexicans.  The seeds are planted. Positive change is truly our destiny.”

THE ECONOMY AND STATE REVENUES

Ronchetti repeatedly asked viewers if they thought they were better off amid pressures of inflation, and whether they could feel the effects of the governor’s programs. Ronchetti said this:

“Have you felt it in your bottom line? Do you look at things now and say, ‘yes, I can afford what I need to afford. … A lot of your programs are not making a difference for people on the ground.”

Lujan Grisham responded by noting her administration this year delivered tax cuts on sales and gross receipts, along with tax rebates of up to $1,500 per household, touting her ability to work with a Democrat-led Legislature. Lujan Grisham said this:

“He says he proposes it, I already did it.”

On the issue of the state’s projected $2.5 billion in “new” revenue for the coming budget year, Lujan Grisham attributed the windfall to her administration’s efforts on the economy and she said this:

“These record revenues are because our economic policies worked.”

However, legislative economists have said that roughly two-thirds of the projected revenue growth is expected to come directly from oil and natural gas receipts.

THE PANDEMIC

As expected, Ronchetti took issue with the Governor’s handling of the pandemic with business closures and school closings saying how it damaged the state’s economy and education system. However, Ronchetti failed to elaborate on exactly what he would have done differently.

Lujan Grisham acknowledged the pain of the pandemic and state’s largest wildfire.  But she said her experienced as a leader was needed in the time of crisis and she said this:

“We’ve come a long way in four years. … As New Mexicans we’ve been through a lot. I remain steadfast in my optimism about what comes next.”

Links to quoted news source materials are here:

https://www.kob.com/new-mexico/recap-lujan-grisham-ronchetti-highlight-differences-in-kob-4-debate/

https://www.usnews.com/news/best-states/new-mexico/articles/2022-09-30/1st-debate-highlights-stakes-in-new-mexico-race-for-governor

https://www.abqjournal.com/2536902/gov-candidate-clash-in-testy-tv-debate.html

COMMENTARY AND ANALYSIS

Like it or not, physical appearances and mannerism do make an impression in live TV debates.

Not at all surprising is that Mark Ronchetti, a longtime TV personality and former meteorologist for KRQE Channel 13, looked comfortable on camera wearing a dark suit and tie that stood out which is in sharp contrast to the blue jeans and dress shirt he is known to wear on the campaign trail.  During the debate, he frequently came across as downright angry and his over pronunciation of words gritting of his teeth was annoying.  What was downright unprofessional was Ronchetti’s exaggerated, childish facial expressions he made to show his displeasure with the Governor and make a point when he did not like what the Governor was saying in response to questions.

Lujan Grisham, a former congresswoman with lengthy TV debate experience, for her part did a good job in pivoting from Ronchetti’s attacks and pitched her experience in office.  What was annoying is that she wore a light blue outfit that seem to have her blend into the TV backdrop as she was forced to speak around a TV microphone that obstructed a clear view of her.

Ultimately, there were no major gaffs by either candidate and the debate did not produce a clear winner.  Given the fact the debate occurred on a Friday night at 7:00 pm on Channel 4, the likely viewership was very low and had no impact on the race.  Las Cruces is not within Channel 4’s market media and therefore the residents of the state’s second largest city were unable to see the debate.

Absentee voting begins October 11.   Election Day is November 8.