Chief US Federal Judge Orders Defense Attorney Clear To Show Cause Why He Should Not Be Held In Contempt Of Court And Disciplined For His Role In APD “DWI Enterprise” Bribery Scheme To Dismiss DWI Cases; Clear’s Suspension Or Disbarment From Practice Of Law Real Possibility; United Sates Attorney Should Have Indicted All Involved With “DWI Enterprise”

On January 29, in a surprising and truly remarkable turn of events, Chief U.S. District Judge Kenneth Gonzales for the District of New Mexico issued an “Order to Show Cause” to prominent DWI defense attorney Thomas Clear III to show cause why he should not be held in contempt of court and disciplined for his alleged role in the  racketeering scheme involving bribery and kickbacks to a group of law enforcement officers. Those officers  include  Albuquerque Police Officers (APD), Bernalillo County Sheriff Officers (BCSO) and New Mexico State Police officers. In his “Order to Show Cause” pleading, Judge Gonzales notifies attorney Thomas Clear III he could get punished, even disbarred, for his alleged role in a scheme to pay police and deputies to skip court hearings in his clients’ DWI cases.

MENDEZ CRIMINAL INFORMATION AND PLEA AGREEMENT

It was on January 24 that  a federal criminal Information charging document was filed by the United States Attorney identifying and charging only one person, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III. Mendez plead guilty to all the charges on the same day the criminal Information was filed. The 8 count Criminal Information charges one count of Racketeering under the federal Racketeer Influence and Corrupt Organizations Act (RICO), 5 counts of Bribery of an Agent, 1 Count of Interference With Commerce by Extortion Under Color of Official Action, Aiding and Abetting and 1 Count of Conspiracy To Commit Interference With Commerce By Extortion.

According to the criminal Information filed, Mendez  and officers and deputies at APD, BCSO, and New Mexico State Police worked with at least two private defense attorneys in a “DWI Enterprise” to ensure drunk driving suspects would get their cases dismissed in exchange for money and other favors. No attorneys and no  APD, BCSO nor State Police Officers were named in the charging document nor have they been charged separately to date.  The FBI and US Attorney say the investigation is ongoing and charges will be filed against others when the investigation is completed.

In his Plea and Disposition Agreement, Ricardo “Rick” Mendez admitted he helped orchestrate the scheme with law enforcement officers who would refer arrested drunken drivers to Mendez and defense Attorney Thomas Clear. Mendez admitted that he  subsequently helped Clear get the cases dismissed in court. The suspects would pay higher than usual legal fees to Clear, and the officers received cash, gift cards, free legal services and other financial gain in exchange for not filing criminal charges  or missing DWI hearings.

ORDER TO SHOW CAUSE

Chief U.S. District Judge Kenneth Gonzales in his “Order to Show Cause”  cites the  Ricardo “Rick” Mendez Plea and Disposition Agreement  as well as news media coverage about the allegations in notifying Clear that the statements, if true, “indicate Mr. Clear may have violated a New Mexico Rule of Professional Conduct” that pertains to professional misconduct by a lawyer.  Judge Gonzales wrote this in his order:

“Given the nature of Mr. Clear’s apparent conduct and the potential for undermining the public’s confidence in the Court, the Court orders Mr. Clear to show cause why suspension, disbarment or other discipline is not appropriate.”

Chief Judge Gonzales noted that federal case law recognizes that the Federal District Court in New Mexico has “inherent supervisory power” over the conduct of attorneys who practice in federal court, and noted that federal judges in New Mexico “have an obligation to enforce high standards of conduct… .”

Chief Judge Gonzales noted in his order that licensed attorneys subject to disciplinary proceedings are entitled to procedural due process. Judge Gonzales wrote:

“Mr. Clear may request that the undersigned appoint a panel of Judges to review his response to this order and to conduct a hearing to determine whether suspension, disbarment or other discipline is appropriate.”

Judge Gonzales stated if Clear does not make the  request for a panel, he will review Clear’s response himself  and make the determination as to what action should be taken against Clear. If Gonzales or the panel decides a hearing isn’t necessary, Clear is ordered to furnish “all the materials Mr. Clear wishes (Gonzales) or the Panel to consider.”

According to the Order To Show Cause, Judge Gonzales wrote  Clear may have violated the New Mexico Rule of Professional Conduct 16-804, Misconduct, which states:

“It is professional misconduct for a lawyer to:

  • A. Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another;
  • B. Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
  • C. Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
  • D. Engage in conduct that is prejudicial to the administration of justice;
  • E. State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or N.M.R.A. 16-804.”

Judge Gonzales has given Clear 30 days to respond in writing, and two weeks if he is charged with a crime.

RELATIONSHIP BETWEEN CLEAR AND MENDEZ REVEALED

Criminal defense attorney Thomas Clear, III has been practicing in federal court in New Mexico since 1998.  Court records reflect that in 1998 he represented Mendez on federal criminal drug charges related to the smuggling of a kilo of cocaine. With Clear as his attorney, Mendez’s charges were ultimately dismissed months later by federal prosecutors.

Some 25 years later, Mendez was working as Clear’s investigator when the FBI launched a criminal investigation in 2023 into what has now been dubbed the “DWI Enterprise.” Mendez, who pleaded guilty to bribery, conspiracy and extortion, told federal authorities the scheme spanned at least 15 years.  Clear has  resigned as the Chair of the State’s Public Defender Commission. He has also stopped representing DWI clients when the FBI investigation came to light and his law office was searched a year ago.

Clear  has  practiced  both civil and criminal law in U.S. District Court. He has represented mostly defendants facing drug charges and has  also filed several civil lawsuits against APD. One involved a female DWI officer who alleged harassment by a supervisor.

In February 1998, Ricardo “Rick” Mendez was one of 4 defendants arrested after U.S. Border Patrol agents at a southern New Mexico immigration checkpoint discovered a kilo of cocaine inside a car. He was accused of being the driver of a different vehicle that pulled up to a motel in Albuquerque to receive the cocaine and was arrested on federal drug charges along with two others.

By October of that year, federal prosecutors dismissed charges against Mendez. The dismissal motion states, “The United States is currently investigating information provided by the defendant which, if true, could exonerate the defendant.”

Five years earlier, Ricardo “Rick” Mendez and his mother, Elsa Ramos, were charged federally with attempting to board a Continental Airlines plane in Albuquerque with a suitcase containing 24 pounds of marijuana. That case was dismissed after Mendez and Ramos pleaded guilty to the same offense in state district court, court records state. It was not clear what happened if there was a state prosecution. There is no public record of either defendant pleading guilty to the state charges. There is mention in one court filing that those records were subject to automatic expungement in 2022.

The links to quoted or relied upon new sources are here:

https://www.abqjournal.com/news/article_f19a3202-df4b-11ef-8ac0-2fd18624b055.html

https://www.kob.com/new-mexico/federal-judge-files-order-to-punish-attorney-in-dwi-dece

https://www.krqe.com/news/albuquerque-metro/federal-judge-orders-defense-attorney-to-prove-he-had-no-involvement-in-dwi-dismissals/

https://www.koat.com/article/dwi-scandal-thomas-clear-new-mexico/63635870

https://www.yahoo.com/news/court-moves-discipline-defense-attorney-003300949.html

ALLEGED DWI ENTERPRISE

None of the APD officers nor any other law enforcement officers have been charged in the case. Criminal Defense Attorney Thomas Clear, III, is named in the court filings as “co-conspirator 1,” also has not been charged. Another unidentified defense attorney has also been named as “co-conspirator 3”.

A total of 12 APD Police officers have been implicated in the scandal and 7  have resigned during the Internal Affairs investigation, 3 are on paid leave and one has been terminated. One by one, the accused Albuquerque police officers have been turning in their badges and resigning  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 12 officers who have resigned, placed on leave or who have been terminated are:

  • On February 7, 2024  Justin Hunt, who started at APD in 2000, resigned.
  • On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned.
  • On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned
  • On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned.
  • On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned.
  • On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
  • On May 9, 2024, Matthew Trahan was placed on paid leave as the investigation playsout. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
  • On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave.
  • On August 1, APD announced that it fired Mark Landavazo, the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.
  • October 16, Deputy Commander Gustavo Gomez placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013
  • On January 24, 2025 APD announced they placed officers Matthew Chavez and  Kyle Curtis on paid leave.
  • On February 28,  Kyle Curtis announced his retirement amid being targeted in the Internal investigation involving DWI arrests.

On February 24, Bernalillo County Sherriff John Allen announced that BCSO  Deputy Jeff Hammerel was immediately placed on administrative leave ostensibly for being implicated in the DWI Enterprise.

The New Mexico State Police has not announced if any State Police Officer has been placed on leave in that no State Police Officer has yet to be identified as being involved in the bribery and conspiracy scandal.

ANATOMY OF A BRIBERY AND DWI DISSMISSAL SCANDAL

The criminal Information filed on January 24 in Federal Court  as well as the Mendez Plea and Disposition agreement filed on the same date reflects that the “DWI Enterprise” dates to back to  2008 and its  described as an operation like that of a gang involving  law enforcement using coded language, teaching the scheme to new recruits and asking supervisors to make sure it stayed under wraps. At least two former-DWI officers placed on leave in the case had worked at APD Internal Affairs.

Federal prosecutors allege as fact in the criminal Information charging Mendez that “as part of the racketeering conspiracy, each member and associate of the DWI Enterprise served a different role” to subvert the criminal justice system.

As to attorneys, the prosecutors allege that a criminal defense attorney, presumably Thomas Clear, III,  who “specialized in DWI defense”,  and his private investigator Ricardo “Rick” Mendez  handled the day-to-day coordination of the scheme.”

With respect to law enforcement, the criminal Information  filed alleges law enforcement participants changed over time as they came and went from the APD DWI Unit.

In his Plea and Disposition Agreement, Mendez admits the bribery scheme began in 2008, a year after he was hired by Clear. Mendez admits that police officers who arrested drunk drivers would take their driver’s licenses rather than arrest them for DWI. Those licenses were handed off to Mendez who would contact the driver and tell them they could get off the hook if they paid him several thousand dollars in cash.

Part of the money would go to the arresting officer. In some cases when charges were filed, Mendez said he worked with officers to make sure he and his boss, Attorney Clear scheduled court hearings at times that the officers were busy. Besides cash police officers and their family members received free legal advice and representation, gift cards, and hotel rooms.

When law enforcement involved in the scheme arrested someone or pulled them over for DWI, they would pass the person’s driver’s license and telephone number to him. Mendez would contact the charged Defendant and tell them, if they hired Clear, “they would not have to worry about the DWI arrest.”

If Clear was hired, Mendez said, the pair “strongly encouraged” the person to pay their retainer in cash and then officers would intentionally fail to appear at required hearings. Prosecutors allege Clear would move to dismiss the DWI case “even though (he) was aware” the officer had been paid to not show up.

Mendez said the officers were often paid in cash, up to $5,000 per case, but also received other benefits. Those benefits included free legal services, gift cards, hotel rooms and other gifts. Mendez typically handled paying off law enforcement but, on occasion, Clear paid them directly. If the person didn’t retain Clear as an attorney, Mendez said, the officer would go about the case as normal, “usually securing a DWI conviction against the offender.” There were times police officers would let the DWI offender go without filing charges so Mendez could contact them and secure money to ensure the case would never be filed.

Mendez said the scheme “evolved over the years” within the APD DWI Unit, which had the most officers involved. They made sure to recruit and train new officers in the scheme and to personally introduce them to Mendez, giving him their phone numbers.

Federal prosecutors allege that APD officers would be paid a “referral fee” by Mendez or Clear for a new recruit and those who were veterans in the scheme would warn Mendez which officers he should avoid, as they might report the activity to Internal Affairs. Prosecutors allege:

“This generational participation, particularly within APD, allowed the DWI Enterprise to take root amongst almost the entire APD DWI Unit over a lengthy period of time.”

Federal Prosecutors allege Mendez and Clear asked senior members of the scheme to “use their positions and influence within APD” to try to ensure that involved officers “were not investigated or disciplined in connection with their illegal activity.”

The bribery and conspiracy scheme adapted to changes in the judicial system, such as when DWI case pretrial interviews were done away with in 2022.  According to the plea agreement, police officers would skip the pretrial interviews to get the DWI cases dismissed. After pretrial interviews were discontinued, assigned APD police officers started missing motion hearings or trial settings  that resulted in the courts dismissing the cases. Federal prosecutors assert law enforcement involved would use coded language in emails and phone communications with each other as they coordinated their scheme.

In his guilty plea, Mendez said some DWI offenders were aware they were paying bribes to get a case dismissed, while others were not. In several cases, Mendez said he never told Clear about the bribes.

Links to relied upon or quoted news sources are here:

https://www.abqjournal.com/clickable/article_400a6ffa-da9d-11ef-a3d0-a7cd8015fc17.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/clickable/article_400a6ffa-da9d-11ef-a3d0-a7cd8015fc17.html#tncms-source=home-featured-7-block

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/first-person-pleads-guilty-in-apd-dwi-dismissal-scandal-nmsp-bcso-now-named/

https://www.kob.com/new-mexico/plea-deal-in-federal-apd-dwi-investigation/

https://www.koat.com/article/albuquerque-state-police-bcso-dwi-new-mexico/63548930

https://www.krqe.com/news/crime/apd-releases-timeline-of-investigation-into-dwi-unit-scandal/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/has-to-be-greed-fbi-albuquerque-talks-dwi-public-corruption-investigation/

COMMENTARY AND ANALYSIS

The filing of the Order To Show by Chief U.S. District Judge Kenneth Gonzales must be welcomed and commended by the general public without any hesitancy and without reservations. After over a year of front page news and investigation by the FBI and the Department of Justice, it’s about time that aggressive action is finally being taken, especially by the court.

Criminal Defense Attorney Thomas Clear, III, has not been charged with any crime but is  a suspect referred to as “Co-Conspirator 1.” For that reason, its more likely than not that Clear will respond to the Court’s Order to Show by asserting his 5th Amendment constitutional right to remain silent.  The court will then refer the entire matter to the New Mexico Disciplinary Board for a full investigation.

It was a major disappointment, but not at all surprising that federal charges for government corruption have yet to be brought against any of the identified law enforcement officers implicated in the scandal. The US Attorney’s office has a reputation of being overly cautious in bringing criminal charges, especially against law enforcement.

The blunt truth is that U.S. Attorney’s Office has done a major disservice the citizens of Albuquerque by not indicting nor charging any of the law enforcement implicated.  After over a full year investigation, its likely the US Attorney’s office and the FBI  has more than enough to proceed with charges and more than enough evidence to secure convictions, especially with the cooperation of Ricardo “Rick” Mendez, yet the public is told stay tuned.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved, yet no charges have been filed against law enforcement officers suspected of taking bribes.

The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable.  That will only happen when there is aggressive prosecutions and convictions, the police officers are involved are convicted  and they lose their law enforcement certification and disbarment occurs with the attorneys involved in the RICO “DWI Enterprise”.

The link to a related article is here:

Feds Accuse APD, BCSO, State Police Of Racketeering In Bribery And Conspiracy Scandal To Dismiss DWI Cases; One Man Pleads Guilty To Charges Outlining Scheme; Charges Against Law Enforcement And Private Attorneys Still Pending; APD’s “Generational” Corruption

KRQE News Reports: What APD Chief Harold Medina Knew And When About The APD Bribery And Conspiracy Scandal To Dismiss DWI Cases; Medina Says “We’re Going To Keep This As Quiet As Possible”; Medina Must Be Held Accountable

It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III.  All 6 of those targeted with a search warrant are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to the main witness’ credibility being called into question which in all the cases are APD officers.

The bribery and conspiracy investigation has evolved over a year into  the largest corruption case in APD’s history. A total of 12 APD Police officers have been implicated in the scandal. Seven have resigned during the Internal Affairs investigation, 3 are on paid leave and one has been terminated. One by one, the accused Albuquerque police officers have been turning in their badges and resigning rather than talking to Internal Affairs investigators about their involvement in the  scheme to dismiss DWI cases.

On January 24, a federal criminal Information charging document was filed identifying and charging only one person, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear II, who  plead guilty on the same day.  The 8 count criminal Information charges:

  • 1 count of a RICO Conspiracy
  • 5 counts of Bribery of an Agent of an Organization Receiving Federal Funds
  • 1 Count of Interference With Commerce by Extortion Under Color of Official Action; Aiding and Abetting
  • 1 Count of Conspiracy To Commit Interference With Commerce By Extortion Under Color of Official Right

According to the criminal Information filed, Mendez  and officers and deputies at the Albuquerque Police Department, Bernalillo County Sheriff’s Office, and New Mexico State Police worked with defense  attorneys in a “DWI Enterprise” to ensure drunk driving suspects would get their cases dismissed in exchange for money and other favors. No APD, BCSO nor State Police Officers were named in the charging document nor have they been charged to date.  The FBI and US Attorney say the investigation is ongoing and charges will be filed against others when the investigation is completed.

JANUARY 24 KRQE NEWS REPORT

On January 24, APD Chief Harold Medina  was interviewed by KRQE Investigates Reporter Ann Pierret to  discuss how APD officers were able to get away with their DWI Bribery and Dismissal scheme.  Medina said the scheme changed over time and only became known once those involved “got sloppy”. Medina said this:

“I look at what I know and how it was generational, and I see how it just got passed down from one generation to the next generation to the officer to the next. But I also don’t think this was very blatant. … I think they had a very tight-knit group of individuals that didn’t talk about it. Of those that APD announced were under investigation, personnel files show that Honorio Alba Jr., Harvey Johnson, and Neill Elsman went through the police academy together. … So these individuals knew each other and they trusted each other for a long time, since academy days.”

Chief Medina said he believes officers filed lapel video under an incorrect case number so it couldn’t be provided as evidence. And for some arrests, they did not file a criminal complaint.   Chief Medina said the scheme ultimately wasn’t sustainable, especially with the policy changes APD had to make under the Court Approved Settlement Agreement (CASA) with the U.S. Department of Justice dealing with reforms to address APD’s use of excessive force and deadly force.   Among those changes, booking someone into jail is mandatory, and mailing criminal summonses is only allowed in “unique circumstances.” Lapel camera footage is now auto-indexed and supervisors review it monthly.

https://www.krqe.com/news/investigations/albuquerque-police-chief-speaks-about-how-dwi-unit-evaded-detection/

JANUARY 29 KRQE NEWS REPORT

On January 29, KRQE News published a revealing report on the  bribery scheme to dismiss DWI Cases. Chief Medina discussed what he knew and how the investigation unfolded.  Following is the transcript of the entire news report:

ALBUQUERQUE, N.M. (KRQE) – It’s been a year since the public learned of the massive corruption scandal involving a scheme to make DWI cases disappear.  Federal documents last week, shed more light on the conspiracy involving police officers and attorneys that dates back more than two decades.

So when did the Albuquerque Police Department’s leadership start to get wise? KRQE Investigative Reporter Ann Pierret sat down with the chief about what he knew and when.

A conversation at a bar is what APD Chief Harold Medina said eventually led to the criminal investigation into the department’s DWI unit. In December of 2022, thirteen months before the community learned of the corruption scandal, a five-page “intel file” showed that APD received a tip from a concerned citizen who shared “DWI officers described how some members of the unit would get paid to get a case dismissed.”

The caller claimed workers at three bars in the northeast heights tipped off officers about customers leaving their establishments. “We did an analysis, and we looked at traffic stops, and we looked to see if we saw traffic stops that were condensed around certain liquor establishments. And we didn’t see that pattern,” said Chief Medina.

So what now? “I knew something was going on. I just didn’t know what. And that’s when the decision was made that we’re going to keep this as quiet as possible,” said Chief Medina.

Chief Medina said at that point only a handful of his staff knew. Without explaining, he asked to change his Monday meeting agenda to include an update from Internal Affairs. “Every week I get a case – a list of cases that came in and I would look through that list to see if there’s anything related to this DWI scheme because I knew that something was going to come in,” said Chief Medina.

But he said the FBI would call first, nearly a year later in October 2023 letting him know they’ve been investigating. KRQE News 13 learned at least one of their tips came from Albuquerque Attorney Daymon Ely. “I was outraged. I mean, I should be. We should all be outraged,” said Ely.

Ely told KRQE News 13 that two people contacted him separately sharing the details we now know made up the scheme. “The day they came in I let the FBI know. And I didn’t contact APD because they obviously have a conflict,” said Ely.

The chief later learned the FBI contacted APD’s Internal Affairs Unit in June of 2022. APD said IA Commander Mark Landavazo told the feds it wasn’t a case he’d handle, it was a citizen complaint. However, because there were criminal allegations, APD said Landavazo should have moved it up the chain. The department fired him over this in February of 2024.

A month after the FBI filled in Chief Medina, in November of 2023, more evidence. Another citizen complaint had been filed. This one to the Civilian Police Oversight Agency from a district court employee. In her letter, she shared a former coworker received a DWI and “there may be questionable conduct by the arresting/citation officer” who put the driver in contact with a specific attorney “who if hired, would ensure that no court case would be filed in court by APD.”

Since officers are informed about citizen complaints, the department jumped to quash that investigation which Chief Medina said prompted an “emergency meeting” with the FBI.

Still, no officers have been charged, but the feds just secured a plea deal with a paralegal who admitted to helping run the scheme from an Albuquerque law firm. In his confession, Rick Mendez mentioned mainly working with APD officers but said members of the Bernalillo County Sheriff’s Office and New Mexico State Police played along too.

APD went back through its record to look into former members of the DWI unit. The department provided us with a timeline of the evolution of the scheme.

The link to the KRQE New report is here:

https://www.krqe.com/news/investigations/dwi-dismissal-scandal-what-the-albuquerque-police-chief-knew-when/

COMMENTARY AND ANALYSIS

Both KRQE interviews taken together are about as damning as it gets revealing ineptness. The interviews call into question the ability of an APD Chief to manage his department. They reveal a Chief of Police who was obsessed with trying  to keep under wraps a major scandal involving criminal activity by APD Officers in an effort to allow APD to investigate its own, that he failed to quickly act, that his hand was forced to act by an  FBI  investigation and that he  failed to turn the criminal  investigation over to federal authorities in a timely manner.

JANUARY 24 KRQE MEDINA INTERVIEW

APD Chief Harold Medina is very quick to proclaim the DWI bribery scandal is “generational”.   Medina’s explanation of how the bribery scheme happened rings hollow. Medina points out that the DWI bribery and conspiracy scandal went “undetected” for  20 years. The blunt truth is Medina has been part of APD’s “generations” of cops for well over 30 years. He retired from APD after 30 years of service having come up through the ranks as a patrolman, sergeant and lieutenant.

Seven years ago Medina returned to APD as the Deputy Chief of Field Services, appointed by then Chief Michal Geier, who was later fired by Mayor Tim Keller and who Keller replaced Geier with Medina. Deputy Chief Medina was in charge of the DWI unit and it was he who assigned officers to the DWI unit. Given Medina’s reputation for micro management, its likely he knew or should have known what was going on with the DWI unit. At least one of the 12 APD Officers implicated in the DWI scandal has said Chief Medina knew what was going on and that Medina did nothing to stop it.

JANUARY 29 KRQE MEDINA INTERVIEW

Medina revealed in his January 29 interview that he knew about the corruption  back in December 2022, thirteen months before the community learned of the corruption scandal,  when a five-page “intelligence file” showed that APD received a tip from a concerned citizen who shared “DWI officers described how some members of the unit would get paid to get a case dismissed.”   

The intelligence  report said “workers at three bars in the northeast heights tipped off officers about customers leaving their establishments.” The acting sergeant for the Criminal Intelligence Unit in his December 10, 2022 Intelligence memo to the Commander  of the Investigative Services Division specifically requested permission to gather intelligence on the  7 APD Officers then assigned to the DWI unit  to identify further criminal activity or other parties involved.  Ostensibly, no effort was made by APD to contact the workers at the 3 bars to verify the information nor to try and identify the APD officers involved.  Instead, Medina ordered an analysis of “traffic stops condensed around the  liquor establishments” to determine if there was a pattern of DWI arrests.

Medina said in his interview “I knew something was going on. I just didn’t know what. And that’s when the decision was made that we’re going to keep this as quiet as possible.”  Medina said only a handful of his staff knew what was going on and that he wanted to keep it as quiet as possible. In other words, Medina did not want anyone outside of his department to know what was going on with the DWI unit and he had no intention of calling in another law enforcement agency to investigate to avoid  the appearance of a conflict.

Medina did not order the immediate suspension of the DWI unit nor order an immediate active  Internal Affairs Investigation. Instead, he had Internal Affairs give him a weekly update on DWI arrests hoping a pattern would emerge on the DWI scheme.

In his January 29 KRQE interview, Medina revealed that it was the FBI that called him first, nearly a year later in October 2023, letting him know they had been investigating the case and APD Officers. Medina also said he learned the FBI contacted APD’s Internal Affairs Commander Mark Landavazo in June of 2022.

Landavazo told the FBI it was not a case he would handle because it was a citizen complaint. Landavazo had to know what was going on for some time in that Medina had ordered updates of DWI cases to try and determine a pattern of arrests himself. Because there were criminal allegations involving police misconduct, APD said Landavazo should have moved it up the chain of command. The department fired Landavazo in February of 2024.

In November of 2023, a month after the FBI contacted Chief Medina about its investigation, more evidence of the bribery scheme  was given to Medina in the form of a citizen complaint to the Civilian Police Oversight Agency from a district court employee. It was reported that a court employee was arrested for DWI by an APD cop and that  “there may be questionable conduct by the arresting/citation officer” who put the driver in contact with a specific attorney “who if hired, would ensure that no court case would be filed in court by APD.”

Quoting the KRQE report:

Since officers are informed about citizen complaints, the department jumped to quash that investigation which Chief Medina said prompted an “emergency meeting” with the FBI.

HOLDING MEDINA ACCOUNTABLE

Ultimately, Chief Harold Medina must be held accountable for the scandal and what happened under his watch for a full 6 years. Chief Harold Medina  has  been in full fledge “politcal spin cycle” of “pivot, deflect and blame” since the news broke and since the Albuquerque City Council accused him of failed leadership in dealing with the scandal. Chief Medina has attempted to take credit for the federal investigation and for taking action to hold bad cops accountable for the corruption when it was in fact the FBI  that forced his hand and as he allowed the problem to fester for 6 years under his watch.

Chief Medina has made more than a few stunning admissions throughout this sordid APD bribery and corruption scandal. He admitted that the APD bribery and conspiracy scheme to dismiss DWI cases went on the entire time he has been in charge of APD, but  he never detected what was going on. Medina admitted that only after he found out the FBI was investigating APD the decision was made to initiate a city criminal and internal affairs investigation and to proclaim cooperation with the FBI. Medina admitted that he knew about the corruption back in December 2022 when APD first received  a complaint related to the department’s DWI unit yet he waited and essentially did nothing for a full year.

Chief Medina’s admissions come from a chief who claims he has never looked the other way when it comes to police corruption. Medina has looked the other way on documented corruption involving overtime pay abuses by police officers. There have been 7 audits in 8 years documenting corruption, waste, fraud and abuse in police overtime.  One of those audits was done by none other than New Mexico State Auditor Tim Keller.

Chief Medina went so far as to blame the Bernalillo District Attorney’s Office for a failure to advise APD when officers did not appear for court. It was nothing but a lie when Chief Medina accused the Public Defender’s Office of being aware of complaints that Public Defender Board of Director member Tom Clear, III was involved with nefarious conduct and that the Public Defender’s Office did nothing.

In both interviews, Medina makes no mention if and when he told Mayor Tim Keller what was going on with respect to the APD bribery scandal. It is Mayor Tim Keller who must hold Chief Harold Medina accountable, but no one should expect that at all to happen given that Mayor Keller has said “Chief Medina is arguably the most important person right now in these times in our city.”  Mayor Keller is seeking a third four year term as Mayor. The APD bribery scandal calls into question Keller’s management of APD, who he has appointed Chief of Police and if he should be elected to a third term.

BASTION OF CORRUPT COPS

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. It’s downright disgusting that the APD Commander for Internal Affairs for Professional Standards was fired who was the very commander who should have caught and perhaps prevented the corruption.  APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  

This is so even before any criminal charges have been filed against any law enforement office, before anyone else is fired from APD and before any action is brought against the police officers involved for government corruption and criminal conspiracy to dismiss cases working with a prominent criminal defense attorney.  Should the criminal defense attorneys be charged and convicted of the crimes, they are likely facing jail time in prison as well as disbarment from the practice of law.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved. The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable.  That will only happen when there is aggressive prosecutions and convictions, the police officers are terminated, and they lose their law enforcement certification and disbarment occurs with the attorney.

The link to a related blog article is here:

 

Feds Accuse APD, BCSO, State Police Of Racketeering In Bribery And Conspiracy Scandal To Dismiss DWI Cases; One Man Pleads Guilty To Charges Outlining Scheme; Charges Against Law Enforcement And Private Attorneys Still Pending; APD’s “Generational” Corruption

2025 New Mexico Legislature Update: Paid Family and Medical Leave Act Passes First Legislative Committee 6 to 4 Along Party Lines; Assurances Needed That Governor Backs The Legislation

The Paid Family and Medical Leave Act was first introduced in the New Mexico Legislature in 2019  and for the past 6 legislative sessions it has failed on slimmer and slimmer margins. This year during the 60-day session, many lawmakers are hoping it will finally pass and that Gov. Michelle Lujan Grisham’s will sign off on the legislation.

HOUSE BILL 11  

House Bill 11 is the 2025 legislative version of the Paid Family and Medical Leave Act. The bill is largely starting off this year where it left off in 2024, when it failed to pass the House by two votes. The big difference this year is that 3 Democratic representatives who voted against the bill last year lost their primary election races and are no longer in the legislature. The representatives no longer in the legislature are Willie Madrid of Chaparral, Ambrose Castellano of Serafina and Harry Garcia of Grants. It clear the legislation has a good chance of passing this year.

House Bill 11 if it passes and if signed into law by the Governor would allow employees to take up to 12 paid weeks off for parental leave and up to 9 weeks off paid for medical or military exigency purposes. It would allow 9 weeks paid time-off for instances of domestic violence, stalking, sexual assault or abuse, for the employee or an employee’s family member.

Under the program, employees would pay 0.5% of their wages into the fund or $5 for every $1,000 wages earned  and employers with 5 or more employees would pay 0.4% of wages into the fund or $4 for every $1,000 in wages paid. Employees and employers would start paying into the fund in 2027, and employees could start requesting time off using the fund in 2028. Businesses that already offer a similar or broader paid leave program could apply for exemption waivers.

The major concerns from Republicans,  who have already said they oppose the bill, and  more moderate Democrats and some business leaders largely center on  the tax the program that would be created to fund the leave. The tax would be imposed on businesses and businesses would be prohibited from replacing   workers taking paid leave.

Rep. Marian Matthews, D-Albuquerque, who introduced a much narrower alternative to the Paid Family and Medical Leave Act last year, still has the same concerns with the bill she had last year. Her alternative legislation garnered support from business leaders who didn’t support the original proposal, but the legislation was tabled in its first committee. Rep. Marian Matthews said this:

“Given the number of times the bill has been introduced in the past and the opposition to it, hopefully we’re at a point where there’s some recognition that we need to find a meeting of the minds.”

Mathews added that legislators who voted in favor of the bill in the past may not necessarily do the same this year. Matthews has said she might introduce another, more narrow version of the bill this year. But that depends on “whether or not we can make some progress through the negotiation process.”

Tracy McDaniel, policy director at Southwest Women’s Law Center, which has repeatedly helped craft the bill, said advocates don’t anticipate another alternative bill will be introduced.  McDaniel said this years bill “looks a lot different than it did when we started this fight [in 2019]”. She added that there’s a lot of misinformation about the program still and negative outcomes as a result of it, which advocates “continue to combat.”

McDaniel said this about this year’s legislation:

“This version of the bill really reflects lots of hard work, lots of negotiation and working with the business community and other stakeholders to ensure that this really will work well for everyone involved. … We’re continuing this fight, and we’re going to keep fighting until it’s passed. … [If an alternative bill is introduced, its hoped] that we can collaborate with other legislators and continue to negotiate something that will work well for everybody.”

HOUSE BILL 11 PASSES FIRST COMMITEE

On January 27, the House Health and Human Services Committee approved the Paid Family and Medical Leave Act proposal on a 6-4 vote, with all 6 Democrats voting YES and all 4 the Republicans voting NO.  The committee heard more than two hours of discussion and public comment were heard before the vote was taken.

Alison Riley, Public Policy Director for the New Mexico Chamber of Commerce, said this:.

“There’s definitely a way to craft legislation that would support businesses as well as families. Unfortunately, the bill that’s being discussed in committee does miss that mark. … Employees can’t afford a tax on already stretched thin wages. And from what we’re seeing, employers are already working with their employees when they welcome a child into the world, or they have to step away to care for family.”

Most business leaders who spoke to the committee agree it’s a good idea on the surface, but the devil is in the details. There are three big issues business leaders  wanted to address:

  1. The mandatory contributions from employees and employers they say is just another tax.
  2. The ongoing issues with labor shortages which they argue will only get worse when employees take leave.
  3. The ongoing staffing issues at the Department of Workforce Solutions which would manage the program.

Not all business owners are against the bill. Deborah Condit, owner of Books on the Bosque said a paid family and medical leave program would be a game changer for her nine employees. Condit said this:

“I get the fears that small businesses have, but we shouldn’t be nickel and diming off the backs of our employees.  Corporations sometimes have that put in place where they’re able to provide that for their employees, but we don’t. I cannot afford that.”

Condit said she could afford the $32 a month to participate in a state-run program and she said this:

“It’s just like one more book that I would have to sell and to make sure every month and to make sure that my employees are going to be taken care of.”

House Bill 11 now  heads to the House Commerce and Economic Development Committee for another hearing.

OPPOSITION REMAINS HIGH

Many of those who spoke in opposition, including lawmakers, said they support the spirit of the bill but it’s just not economically feasible for employers, especially those in rural America, to replace workers for 9-12 weeks. Many of the businesses and trade associations that opposed the bill last year again do not support in this year, including the Albuquerque Chamber of Commerce, the New Mexico Chamber of Commerce and the New Mexico Restaurant Association. The business leaders noted the bill hasn’t changed much since its 2024 failure on the House floor.

Terri Cole, president and CEO of the Greater Albuquerque Chamber of Commerce, said the Chamber “continues to oppose passage of an onerous paid family medical leave proposal.”  The Chamber particularly disagrees with the tax it would impose on businesses and anticipates the program would increase the cost of labor in New Mexico and make it harder for employers to find replacement workers, leading “to workplace disruptions across the economy year after year,” Cole said. She said the bill “isn’t business friendly because of its extreme business mandates.”

Jerry Schalow with the Rio Rancho Chamber of Commerce said  he is  concerned about the mandatory contributions contained in the bill and that workers are more concerned about being paid higher wages. Schalow said this:

“This is a tax. This would be the very first employee tax that is paid by employees as well as employers.  … If the state of New Mexico put this in front of the voters and asked, ‘Would you rather have higher wages, or would you rather have paid family medical leave?’ I have a firm belief it will be overwhelmingly in favor of higher wages.”

Very strong opposition in the New Mexico legislature to the Paid Family and Medical Leave Act has come from Republicans.  Republican State Representative Joshua Hernandez said this:

“I can see the benefit [of family and medical leave], but I think that the ways that we’re trying to do it are just so, well, there is much better ways to do it. … The mandate is the biggest part of what I think has, you know, businesses and legislators kind of questioning the bill still. … If they want to offer it, they should be able to offer it on a volunteer basis. … There are seven states now that have a voluntary program. All of them are thriving.”

Republican House Republican Minority Floor Leader Rep. Gail Armstrong was blunt in her opposition and said this:

“We are for paid family medical leave, but not the version that’s been introduced. And we will draw a line in the sand with that.”

Republican Armstrong was referring Democratic State Rep. Christine Chandler’s bill, which would allow all New Mexico workers to take paid time off to deal with family or medical reasons. But to pay for that, all workers and employers with five or more employees would be required to contribute a small amount of money into a state fund.

In response to Armstrong, Rep. Christine Chandler said this:

“Just to be clear, it’s not the employer paying the person’s salary while they’re on leave, but it’s actually the fund.”

Although the House Health and Human Services Committee  meeting maintained a cordial decorum, tensions did  appeared high at times. For example, Representative Thomson did not pass out a non-validated survey on business responses to Paid Family Medical Leave Act. Representative Martinez objected because “these numbers are important for the committee.” He said more than 80% of businesses in his district  found issues with the proposed program.

After about 15 minutes into Martinez’s line of questioning, and after repeated back-and-forth between him and Representative Chandler about characterizations of the bill, Thomson said the lawmakers already “agreed to disagree” and asked them to move on. Rep. Jenifer Jones, R-Deming, questioned bill sponsors for nearly an hour, digging into the legislation page by page.

COMPROMISE ENCOURAGED

At a breakfast at the La Fonda hotel hosted by the New Mexico Chamber of Commerce, Senate Majority Leader Peter Wirth, D-Santa Fe  encouraged business leaders to “stay at the table.”  Wirth said this:

“We’re going to try and find a compromise. … It doesn’t mean everyone’s going to be happy, but I think that it’s important that we listen and hear the concerns and the input that you all have and try and get ourselves a place where we can move forward.”

The Governor’s Spokesperson Michael Coleman Office said the Governor’s Office is still evaluating the bill and the Governor does not have a definitive position yet.

House Minority Whip Alan Martinez, R-Bernalillo, questioned the bill sponsors on how the bill would work and how it’s changed since 2019 to make it more amenable to business leaders.

In response to a question from Martinez, Department of Workforce Solutions Secretary Sarita Nair said her agency would need 219 employees to run the program and currently has a 17% vacancy rate, or 100 employees.

Links to quoted or relied upon news sources are here:

https://www.kob.com/new-mexico/paid-family-and-medical-leave-proposal-passes-first-committee/

https://www.kob.com/new-mexico/state-lawmakers-bring-back-paid-family-and-medical-leave-proposal/

https://www.krqe.com/news/politics-government/legislature/lawmakers-want-to-bring-paid-family-and-medical-leave-to-new-mexico/

https://www.abqjournal.com/business/article_df1adc28-dcd8-11ef-8816-971e4f8ebde3.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/business/article_2ea24f1a-d4fa-11ef-bbb2-3be182219e70.html

COMMENTARY AND ANALYSIS

If there was ever a realistic chance for the New Mexico Legislature to enact  a Family Leave and Medical Act, 2025 is the year to do it. This year, Democrats have a commanding 43-26 majority in the House and a 26 to 16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing. Republicans consistently rely on the filibuster in the last few days of the session  to kill Democrat initiatives remaining to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.

Governor Michelle Lujan Grisham has not said if she supports the Paid Family and Medical Leave Act. She made no mention of it as a priority in her State of the State address. Lujan Grisham will have only one more Legislative session before she leaves office, but the 2026 session is a “short session” of  30 days and primarily focused on budgetary matters.  Democrat House and Senate leadership need to reach out to the Governor and ask for her support on the legislation and get assurances she will sign it and not veto it in the end.

Feds Accuse APD, BCSO, State Police Of Racketeering In Bribery And Conspiracy Scandal To Dismiss DWI Cases; One Man Pleads Guilty To Charges Outlining Scheme; Charges Against Law Enforcement And Private Attorneys Still Pending; APD’s “Generational” Corruption

This is an in-depth report of the largest corruption scandal in APD’s history and charges filed against a key player.

It was on Friday January 19, 2024, over a year ago, that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III.  All 6 of those targeted with a search warrant are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases.

Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to the main witness’ credibility being called into question which in all the cases are APD officers. A spokeswoman for the District Attorney’s Office said attorneys are busy reviewing even more cases that could potentially be dismissed that will likely result in letting accused drunk drivers go free.

After the raids, APD initiated  its own internal affairs investigation cooperating with the FBI and placed officers Harvey Johnson, Honorio Alba Jr., Joshua Montaño, Nelson Ortiz, Daren DeAguero, Neill Elsman and Lt. Justin Hunt on leave. All 7 APD officers resigned before they were interviewed as part of the Internal Affairs investigation.  APD Cmdr. Mark Landavazo was placed on leave.  Landavazo was eventually terminated, for violating department policies uncovered during a separate investigation that came out of APD’s internal probe into the case.

The case has now become the largest corruption case in New Mexico history implicating 12 APD Officers and officers with the Bernalillo County Sheriff’s Department and the New Mexico State Police.

FEDERAL CRIMINAL INFORMATION FILED

On January 24, after over a full year of investigation by the FBI and the Department of Justice, a federal criminal Information charging document was filed.  The 8 count criminal Information contains the following charges:

  • 1 count of a RICO Conspiracy
  • 5 counts of Bribery of an Agent of an Organization Receiving Federal Funds
  • 1 Count of Interference With Commerce by Extortion Under Color of Official Action; Aiding and Abetting
  • 1 Count of Conspiracy To Commit Interference With Commerce By Extortion Under Color of Official Right

The link to read the entire entire 18-page federal criminal Information charging document can be found in the postscript below.

DWI CRIMINAL ENTERPRISE

The Racketeer Influenced and Corrupt Organizations (RICOAct is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The charge of RICO is typically reserved for criminal gangs and mobs, so-called large criminal enterprises.

According to the criminal  Information filed by the US Attorney, Mendez  and officers and deputies at the Albuquerque Police Department, Bernalillo County Sheriff’s Office, and New Mexico State Police worked with an attorney and his private investigator in a “DWI Enterprise” to ensure drunk driving suspects would get their cases dismissed in exchange for money and other favors.

The purposes of the DWI Enterprise alleged in the criminal Information charging document include the following:

  1. To generate, preserve and protect profits of the DWI Enterprise and its members and associates.
  2. To develop a referral system from officer members who would refer new DWI arrests directly to members and associates of the DWI Enterprise so that the DWI Offender could be solicited to retain the attorney co conspirator  which would lead to increased profits for members of the DWI Enterprise.
  3. To grow a client base willing to pay higher legal fees in exchange for the successful resolution of their DWI offense.
  4. To develop a client referral system based on the illegally obtained dismissals of DWI cases.
  5. To provide free or discounted legal services to law enforcement officers to develop good will and encourage the officers participation in the DWI Enterprise.
  6. To protect and preserve the status and the reputation of the attorney co conspirator.
  7. To conceal and protect the activities of the DWI Enterprise and its members and  associates from detection, investigation and prosecution.
  8. To enrich the members and associates of the DWI enterprise.

PLEA OF GUILTY

On January  24, the central figure in the case entered into a Plea and Disposition Agreement in federal court admitting guilt to all the charges.  Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy.

According to the criminal Information filed, for the past 15 years, at least one lawyer and officers from the Albuquerque Police Department, New Mexico State Police and the Bernalillo County Sheriff’s Office ran a racketeering enterprise taking bribes in exchange for dismissing drunk driving cases.

Mendez was arrested, plead guilty to all the charges and  was released on his own recognizance. Mendez is facing 110 years in prison on the charges. As part of the plea agreement, the federal prosecutors  agree to a lesser prison sentence.  Mendez has  a prior felony conviction.  State court records show he was arrested multiple times in the 90s for driving drunk. His sentencing is set for April 29 before a Federal Judge.

Federal prosecutors said that Mendez “has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for the Defendant’s criminal conduct.”  The federal  prosecutors said as long as Mendez continues to accept responsibility, he will be entitled to a reduced sentence.

Private criminal defense attorney Thomas Clear was contacted by the Albuquerque Journal and he said he was not  aware of the criminal charges.  He said he had no comment when asked about his alleged involvement. Court records reveal Clear has not taken on a criminal case since the day FBI agents raided his office. Clear  also resigned as longtime chairman of the state Public Defender Commission, which governs the state  Law Office of the Public Defender.

Ricardo “Rick” Mendez  said another criminal defense attorney participated in the scheme, identifying them only as “co-conspirator 3,” and inferring  that other attorneys may be involved.

You can read Mendez’s full plea agreement here.

NEW MEXICO U.S. ATTORNEY ALEXANDER UBALLEZ BREAKS SILENCE

A spokeswoman for U.S. Attorney of New Mexico Alexander Uballez issued a statement and said this:

 “The investigation remains active and ongoing. At this time, we are not in a position to comment on potential future legal proceedings or individuals who may be involved.”

For the entire year of the investigation, the United States Attorney for New Mexico has remained silent on the investigation.  On January 24, U.S. Attorney Alexander Uballez broke his silence in an interview with  KRQE.  He said   this is just the beginning of publicly holding people accountable. Uballez said this

“This is proof first of all, that it happened. And it’s an opportunity for those … who are involved, those who are witnesses, those who are victims to come forward, come to the table. It really is never too late to do the right thing. So our call today is to those who are still out there to pick up the phone and to come in.” 

https://www.krqe.com/news/crime/this-is-clearly-just-the-beginning-new-mexicos-u-s-attorney-on-dwi-scandal-charges/

ANATOMY OF A BRIBERY AND DWI DISSMISSAL SCANDAL

The criminal Information filed on January 24  in Federal Court charges that the “DWI Enterprise” dates to back to  2008 and described its operation like that of a gang involving  law enforcement using coded language, teaching the scheme to new recruits and asking supervisors to make sure it stayed under wraps. At least two former-DWI officers placed on leave in the case had worked at Internal Affairs.

Prosecutors allege as fact in the charging document that “as part of the racketeering conspiracy, each member and associate of the DWI Enterprise served a different role” to subvert the criminal justice system.

As to attorneys, the prosecutors allege that a criminal defense attorney, presumably Thomas Clear, III,  who “specialized in DWI defense”,  and his private investigator Ricardo “Rick” Mendez  handled the day-to-day coordination of the scheme.”

With respect to law enforcement, the pleading filed alleges law enforcement participants changed over time as they came and went from the APD DWI Unit.

In his Plea and Disposition Agreement, Mendez admits the bribery scheme began in 2008, a year after he was hired by Clear. Mendez admits that police officers who arrested drunk drivers would take their driver’s licenses rather than arrest them for DWI. Those licenses were handed off to Mendez who would contact the driver and tell them they could get off the hook if they paid him several thousand dollars in cash.

Part of the money would go to the arresting officer. In some cases when charges were filed, Mendez said he worked with officers to make sure he and his boss, Attorney Clear scheduled court hearings at times that the officers were busy. Besides cash police officers and their family members received free legal advice and representation, gift cards, and hotel rooms.

When law enforcement involved in the scheme arrested someone or pulled them over for DWI, they would pass the person’s driver’s license and telephone number to him. Mendez would contact the charged Defendant and tell them, if they hired Clear, “they would not have to worry about the DWI arrest.”

If Clear was hired, Mendez said, the pair “strongly encouraged” the person to pay their retainer in cash and then officers would intentionally fail to appear at required hearings. Prosecutors allege Clear would move to dismiss the DWI case “even though (he) was aware” the officer had been paid to not show up.

Mendez said the officers were often paid in cash, up to $5,000 per case, but also received other benefits.  Those benefits included free legal services, gift cards, hotel rooms and other gifts.  Mendez typically handled paying off law enforcement but, on occasion, Clear paid them directly.  If the person didn’t retain Clear as an attorney, Mendez said, the officer would go about the case as normal, “usually securing a DWI conviction against the offender.” There were times police officers would let the DWI offender go without filing charges so Mendez could contact them and secure money to ensure the case would never be filed.

Mendez said the scheme “evolved over the years” within the APD DWI Unit, which had the most officers involved.  They made sure to recruit and train new officers in the scheme and to personally introduce them to Mendez, giving him their phone numbers.

Federal prosecutors allege that APD officers would be paid a “referral fee” by Mendez or Clear for a new recruit and those who were veterans in the scheme would warn Mendez which officers he should avoid, as they might report the activity to Internal Affairs. Prosecutors allege:

“This generational participation, particularly within APD, allowed the DWI Enterprise to take root amongst almost the entire APD DWI Unit over a lengthy period of time.”

Federal Prosecutors allege Mendez and Clear asked senior members of the scheme to “use their positions and influence within APD” to try to ensure that involved officers “were not investigated or disciplined in connection with their illegal activity.”

The bribery and conspiracy scheme adapted to changes in the judicial system, such as when DWI case pretrial interviews were done away with in 2022.  According to the plea agreement, police officers would skip the pretrial interviews to get the DWI cases dismissed. After pretrial interviews were discontinued, assigned APD police officers started missing motion hearings or trial settings  that resulted in the courts dismissing the cases. Federal prosecutors assert law enforcement involved would use coded language in emails and phone communications with each other as they coordinated their scheme.

In his guilty plea, Mendez said some DWI offenders were aware they were paying bribes to get a case dismissed, while others were not. In several cases, Mendez said he never told Clear about the bribes.

APD, BCSO AND STATE POLICE ISSUE STATEMENTS

The Information filed on January 24 in U.S. District Court in Albuquerque was the very first time that Bernalillo County Sheriff’s Office Deputies or State Police officers were alleged to be involved in the corruption case.

APD Chief Harold Medina said this in a statement:

“As I’ve said many times over the past year, we will leave no stone unturned when it comes to exposing this conspiracy. … We have fully cooperated with the FBI’s investigation, while aggressively pursuing our own internal investigation that produced immediate results and helped us identify changes we needed to make to ensure accountability within the department. Through our investigation, we believe this conspiracy goes back as far as two decades, which the U.S. Attorney indicated in its plea agreement today. It is disappointing on so many levels because it appears police officers from several agencies conspired with at least two lawyers and a paralegal to manipulate the criminal justice system, at the expense of victims of DWI.”

On January 24, Bernalillo County Sheriff John Allen issued the following statement to KRQE News 13:

Sheriff John Allen confirms that he has been in direct contact with the Federal Bureau of Investigation and the U.S. Attorney’s Office regarding the involvement of a Bernalillo County Sheriff’s Office deputy in the ongoing federal investigation into DWI case manipulations. “Corruption has no place in law enforcement, and BCSO will fully cooperate with its federal partners,” stated Sheriff Allen.

Upon learning of the involvement of BCSO personnel, the deputy in question, identified as Jeff Hammerel, was immediately placed on administrative leave last night. Sheriff Allen has consistently demonstrated zero tolerance for misconduct, particularly corruption, and remains committed to upholding the highest standards of integrity within the Sheriff’s Office.

In keeping with our commitment to transparency, Sheriff Allen will review all relevant documents and provide a detailed update to the public as soon as possible. The Sheriff is currently headed to Washington, DC alongside

Senator Heinrich, Senator Lujan, Congressman Vasquez and Congresswoman Stansbury, to address topics related to law enforcement in New Mexico and Bernalillo County.  A press conference will be scheduled upon his return to discuss the developments of this case and our ongoing efforts to ensure accountability and maintain public trust.

On January 24, New Mexico State Police Public Information Officer Sgt. Ricardo Breceda issued the following statement to KRQE News 13:

“At this time, we do not have information to believe any of our officers were involved in this criminal conduct. The New Mexico State Police has been and will continue to cooperate with investigators. For additional information, please contact the FBI as they are the lead investigating agency.”

APD CHIEF MEDINA GIVES HIS TAKE ON HOW IT HAPPENED

On January 24, APD Chief Harold Medina  was interviewed by KRQE Investigates Reporter Ann Pierret to  discuss how APD officers were able to get away with their scheme in the DWI Unit scandal.  Medina said the scheme changed over time and only became known once those involved “got sloppy”. Medina said this:

“I look at what I know and how it was generational, and I see how it just got passed down from one generation to the next generation to the officer to the next. But I also don’t think this was very blatant. … I think they had a very tight-knit group of individuals that didn’t talk about it. Of those that APD announced were under investigation, personnel files show that Honorio Alba Jr., Harvey Johnson, and Neill Elsman went through the police academy together. … So these individuals knew each other and they trusted each other for a long time, since academy days.”

Chief Medina said he believes officers filed lapel video under an incorrect case number so it couldn’t be provided as evidence. And for some arrests, they did not file a criminal complaint.   Chief Medina said the scheme ultimately wasn’t sustainable, especially with the policy changes APD had to make under the Court Approved Settlement Agreement (CASA) with the U.S. Department of Justice  dealing with reforms to address APD’s use of excessive force and deadly force.   Among those changes, booking someone into jail is mandatory, and mailing criminal summonses is only allowed in “unique circumstances.” Lapel camera footage is now auto-indexed and supervisors review it monthly.

https://www.krqe.com/news/investigations/albuquerque-police-chief-speaks-about-how-dwi-unit-evaded-detection/

OFFICERS PLACED ON LEAVE

None of the APD officers or any other law enforcement officers have been charged in the case.  Criminal  Defense Attorney Thomas Clear, III,  who is named in the court filings as “co-conspirator 1,” also has not been charged as of Friday, January 24.

On Friday January 24, APD announced they put two more officers on paid leave, Lt. Matthew Chavez and Lt. Kyle Curtis. APD spokesman Gilbert Gallegos said both worked in the DWI Unit and Chavez joined in 2008 while Curtis joined in 2000.

A total of 12 APD Police officers have been implicated in the scandal and 7  have resigned during the Internal Affairs investigation, 3 are on paid leave and one has been terminated. One by one, the accused Albuquerque police officers have been turning in their badges and resigning  rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 12 officers who have resigned, placed on leave or who have been terminated are:

  • On February 7, 2024  Justin Hunt,who started at APD in 2000, resigned.
  • On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned.
  • On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned
  • On March 15, 2024, Nelson Ortiz,who started at APD in 2016, resigned.
  • On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned.
  • On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
  • On May 9, 2024, Matthew Trahanwas placed on paid leave as the investigation playsout. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
  • On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave.
  • On August 1, APD announced that it fired Mark Landavazo,the APD Commander of Internal Affairs for Professional Standards, who started with APD in  2007 and was with the DWI unit from 2008 through 2013.
  • October 16, Deputy Commander Gustavo Gomezplaced on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013
  • On January 24, 2025 APD announced they placed officers Matthew Chavez and Lt. Kyle Curtis on paid leave.
  • On February 28, Lt. Kyle Curtis announced his retirement amid being targeted in the Internal investigation involving DWI arrests. https://www.koat.com/article/albuquerque-police-lieutenant-retires-dwi-scandal/63594583

On February 24, Bernalillo County Sherriff John Allen announced that BCSO  Deputy Jeff Hammerel was immediately placed on administrative leave.

The New Mexico State Police has not announced if any State Police Officer has been placed on leave in that  no State Police Officer has yet to be itendified as being involved in the bribery and conspiracy scandal.

Link to relied upon or quoted news sources are here:

https://www.abqjournal.com/clickable/article_400a6ffa-da9d-11ef-a3d0-a7cd8015fc17.html#tncms-source=home-featured-7-block

https://www.abqjournal.com/clickable/article_400a6ffa-da9d-11ef-a3d0-a7cd8015fc17.html#tncms-source=home-featured-7-block

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/first-person-pleads-guilty-in-apd-dwi-dismissal-scandal-nmsp-bcso-now-named/

https://www.kob.com/new-mexico/plea-deal-in-federal-apd-dwi-investigation/

https://www.koat.com/article/albuquerque-state-police-bcso-dwi-new-mexico/63548930

https://www.krqe.com/news/crime/apd-releases-timeline-of-investigation-into-dwi-unit-scandal/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/has-to-be-greed-fbi-albuquerque-talks-dwi-public-corruption-investigation/

ACLU FILES LAWSUITE ON BEHALF OF VICTIM

On September 30, the American Civil Liberties Union of New Mexico filed a 6 count civil complaint in State District Court on behalf of  Plaintiff Carlos Sandoval-Smith, a man who was wrongfully arrested, charged and jailed for DWI. Plaintiff Carlos Sandoval-Smith is alleged to be one of dozens of people who were “victimized” as part of an APD scheme with private criminal defense attorney Thomas Clear III to wrongfully charge and arrest people and then solicit bribes to get the charges dismissed

Plaintiff Carlos Sandoval-Smith’s was pulled over for speeding in June 2023 by APD Police Officer Joshua Montaño.  Montaño unlawfully expanded the scope of the traffic stop by initiating a DWI investigation without reasonable suspicion. Plaintiff Sandoval-Smith consented to a breath test and blew below the legal limit but was still booked and charged with DWI by Montaño.  When  booked on the charges, his gold bracelet was taken off and  placed with his personal belongings by Montaño in a property bag for later return after his  booking was completed.  The personal property returns never happened. Montaño later called Sandoval-Smith’s about his property.  Sandoval Smith was place in contact with Rick Mendez  where a demand was made for $8,500 to get his case dismissed.

Named as Defendants are the City of Albuquerque, APD Chief Harold Medina, Former APD Officers Joshua Montaño, Honorio Alba, Harvey Johnson, Nelson Ortiz, Justin Hunt, Daren Deaguero, Neill Elsman, Matthew Trahan, and Mark Landavazo. Also named as Defendants are criminal defense attorney Thomas Clear, III  and  Clear’s paralegal  Ricardo “Rick” Mendez.

The Civil Complaint is a 6 count, 17-page lawsuit filed in the Second Judicial District Court alleging the 9 former APD officers exploited DWI arrests they had made to solicit bribes in exchange for dismissal of the charges. The 6 counts allege:

  1. Unlawful Detention and Arrest charged against the city.
  2. Malicious Abuse of Process (2 Counts) charged against the city.
  3. Deprivation of Due Process of Law charged against the city.
  4. Negligent Hiring, Training, Supervision, and Retention charged against the city.
  5. Racketeering charged against the 9 former APD Police Officers named and attorney Thomas Clear III  and  Clear’s paralegal  Ricardo “Rick” Mendez.

The lawsuit alleged the defendants, including APD Chief Harold Medina, each conspired with and amongst each other to violate New Mexico State law.The link to read the civil complaint in full is here:

https://www.krqe.com/wp-content/uploads/sites/12/2024/10/Smith-APD-Lawsuit.pdf

COMMENTARY AND ANALYSIS

APD’S “GENERATIONAL” CORRUPTION

APD Chief Harold Medina is very quick to proclaim the scandal is “generational”. Medina’s explanation of how it happened rings hollow. Medina points out that the DWI bribery and conspiracy scandal went “undetected” for  20 years which is astonishing. The blunt truth is Medina has been part of APD’s “generations” of cops for well over 30 years. He retired from APD after 30 years of service having come up through the ranks as a patrolman, sergeant and lieutenant. What cannot be ignored is that 7 years ago  Medina returned to APD as the Deputy Chief of Field Services, appointed by then Chief Michal Geier who was later fired by Mayor Keller and replaced him with Medina.  Then Deputy Chief Medina was in charge of the DWI unit and it was he who assigned officers to the unit. Given Medina’s reputation for micro management, its likely he knew or should have known what was going on with the DWI unit.  Medina admitted that he knew about the corruption  back in December 2022 when APD first received  a complaint related to the department’s DWI unit, yet he waited and essentially did nothing for a full year. At least one of the 12 APD Officers involved in the DWI scandal has said Chief Medina knew what was going on and that Medina did nothing to stop it.

WHY A PLEA NOW

It does not take a legal genius to figure out why United States Attorney Alexander Uballez  went forward and secured a plea agreement from Ricardo “Rick” Mendez now before any other charges are file against all the others. It’s called leverage to prove a case. Uballez is also on his way out the door, and he, along with all other United States Attorneys in the country will soon be fired by President Trump.  Mendez  is the central figure in the bribery and conspiracy and he coordinated all the bribes.  Mendez  no doubt has information that will secure convictions against the attorneys and the police officers involved.  Mendez is facing 110 years in prison on the charges, and he has been promised a reduced sentence provided he cooperates meaning providing evidence and testifying in court.

A NEW UNITED STATES ATTORNEY

It is likely much more time  will pass before charges are filed. U.S. Attorney Alex Uballez will soon be fired by President Trump  and  upwards of 6 months will be needed to replace Uballez in that  his successor must be nominated and  be confirmed by the United States Senate.  The decision to go forward with the case will likely be left to Uballez’s replacement who could easily decide not to prosecute.

It is very disappointing but not at all surprising that federal charges for government corruption have yet to be brought against any of the identified APD Police officers. The US Attorney’s office has a reputation of being overly cautious in bringing criminal charges, especially against law enforcement.

The blunt truth is that U.S. Attorney Alex Uballez has done a major disservice the citizens of Albuquerque by not indicting or charging now all the APD officers involved.  After over a full year investigation, its likely the US Attorneys office has more than enough to proceed with charges and more than enough evidence to secure convictions, especially with the cooperation of Ricardo “Rick” Mendez.

One thing is for certain, the civil lawsuit file by the ACLU has the greatest potential to expose to the public sooner rather than later the extent of the corruption within APD.

KELLER AND MEDINA MUST BE HELD ACCOUNTABLE

Ultimately Mayor Tim Keller and Chief Harold Medina must be held accountable in large part for the scandal and what happened under their watch. Mayor Tim Keller and Chief Harold Medina  have been in full fledge “politcal spin cycle” of “pivot, deflect and blame” since the news broke and since the Albuquerque City Council accused them of failed leadership in dealing with the scandal. They both have attempted to take credit for the federal investigation and for taking action to hold bad cops accountable for the corruption when it was in fact the federal investigation that forced their hand and after they both allowed the problem to fester for 6 years under their watch.

Mayor Keller and Chief Medina have made more than a few stunning admissions throughout this sordid APD corruption scandal. They are joined at the hip when dealing with the scandal. They admit that the APD bribery and conspiracy scheme to dismiss DWI cases went on the entire time they have been in charge of APD, but they never detected what was going on. Keller and Medina admitted that only after they found out the FBI was investigating APD the decision was made to initiate a city criminal and internal affairs investigation and to proclaim cooperation with the FBI. Medina admitted that he knew about the corruption  back in  December 2022 when APD first got a complaint related to the department’s DWI unit in December 2022, yet he waited and essentially did nothing for a full year.

Keller’s admissions come from a person who was first elected as the “white knight” state auditor who stopped “waste, fraud and abuse” and held people accountable for government corruption. Medina’s admissions come from a chief who claims he has never looked the other way at police corruption.

Keller and Medina have looked the other way on documented corruption involving overtime pay abuses by police officers. There have been 7 audits in 8 years documenting corruption, waste, fraud and abuse in police overtime.  One of those audits was done by none other than New Mexico State Auditor Tim Keller.

Chief Medina went so far as to blame the Bernalillo District Attorney’s Office for a failure to advise APD when officers did not appear for court. It was nothing but a lie when Chief Medina  accused the Public Defender’s Office of being aware of complaints that Public Defender Board of Director member Tom Clear, III was involved with nefarious conduct and that the Public Defender’s Office did nothing.

Mayor Tim Keller has already made it known that he is seeking a third four year term as Mayor in 2025. There is no doubt the APD scandal of corruption calls into question Keller’s management of APD, who he has appointed Chief of Police and if he should be elected to a third term.

BASTION OF CORRUPT COPS

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. It’s downright disgusting that the APD Commander for Internal Affairs for Professional Standards was fired who was the very commander who should have caught and perhaps prevented the corruption.  APD is  viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  

This is so even before any criminal charges have been filed against anyone, before anyone else is fired from APD and before any action is brought against the police officers involved for government corruption and criminal conspiracy to dismiss cases working with a prominent criminal defense attorney.  Should the criminal defense attorneys be charged and convicted of the crimes, they are likely facing jail time in prison as well as disbarment from the practice of law.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved. The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are held accountable.  That will only happen when there is aggressive prosecutions and convictions, the police officers are terminated, and they lose their law enforcement certification and disbarment occurs with the attorney.

Links to related articles are here:

https://www.petedinelli.com/2024/05/09/9th-apd-officer-officer-implicated-in-apd-bribery-and-conspiracy-scandal-to-dismiss-dwi-cases-placed-on-leave-6-apd-police-officers-implicated-have-resigned-mayor-keller-and-chief-medina-refus/

https://www.petedinelli.com/2024/10/07/aclu-files-civil-rights-lawsuit-against-city-apd-chief-medina-9-police-officers-attorney-clear-and-para-legal-over-dwi-dismissal-bribery-scandal-victim-of-apd-crime-alleges-racketeering-by-apd-fe/

_________________

POSTSCRIPT

Below is the link to the 18-page federal Criminal Information charging document:

You can read Mendez’s full plea agreement here.

U.S. Senator Martin Heinrich Announces Will Not Run For NM Governor; Potential Showdown For Democratic Nomination Between Former U.S. Interior Secretary Deb Haaland And DA Sam Bregman; Former Republican Lt. Governor Eyeing Race

On January 24, U.S. Sen. Martin Heinrich announced he will forgo a gubernatorial run and remain in the U.S. Senate. The decision came “after careful consideration and many conversations” with his family, constituents and colleagues.  Heinrich said this in a statement:.

“It’s clear to me that New Mexico needs a strong voice in Washington now more than ever — the stakes are simply too high. …President Trump’s alarming actions this week — attacking birthright citizenship, pardoning criminals that assaulted police officers, and rolling back American energy leadership— these actions hurt families, endanger our democracy, and threaten the future of our public lands and natural resources. … From fighting back against these harmful policies to defending the progress we’ve made lowering costs for working families, growing our economy, and keeping our communities safe, the Senate is where I believe I can have the most impact.”

Links to relied upon or quoted news sources are here:

https://www.santafenewmexican.com/news/local_news/heinrich-decides-to-forgo-2026-run-for-new-mexico-governor/article_84aa13fa-da60-11ef-bcd4-73baa0aadf0c.html?fbclid=IwY2xjawIAqVpleHRuA2FlbQIxMQABHTUvGrBxw-UElV3K1tEdJMlWmux07CzH

https://www.abqjournal.com/election/article_90f53926-da67-11ef-a922-335a0b8752ff.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

Simply put, Senator Heinrich made the right decision. Has  was just re elected to another 6 year term in the Senate, and a run for Governor in two years would call into question why he ran for another term in the Senate? He’s done a great job in the Senate  and being Governor is viewed by many as a step down from being a US Senator.

The race for governor will be an open contest in 2026, as Gov. Michelle Lujan Grisham is entering the final two years of her tenure and is barred by the state Constitution from seeking a third consecutive term.

It has been reported that former U.S. Department of the Interior Secretary Debra Haaland is making plans to run for Governor. Confidential sources have also confirmed that Bernalillo County District Attorney Sam Bregman may also run for Governor.  No Republican candidates have announced gubernatorial campaigns with former Republican Lt. Governor rumored to be looking at running.

 

Opinion Post By Joline Gutierrez Krueger Glenn: “How Are We OK With Any Of This?”; Dinelli Support Commentary

Joline Gutierrez Krueger Glenn is an award-winning journalist, having worked at both the Albuquerque Tribune and Albuquerque Journal for nearly 40 years. Most recently, she was the Journal’s front page columnist from 2008 until her retirement in 2022. She was raised in Albuquerque, lived on both coasts and a few mountain ranges, attended three universities and a number of fellowships and internships, finally returning home to complete her creative writing degree at the University of New Mexico. She is happily retired and resides in the East Mountains.

EDITOR’S NOTE: Joline Gutierrez Krueger Glenn has given her permission to publish on www.PeteDinelli.com the following FACEBOOK post. She has not been paid compensation to allow publication.  

On January 23, Joline Gutierrez Krueger Glenn posted on her FACEBOOK page the following:

“As the days — no, the hours — go by, it’s getting harder to give grace to those people who voted for that guy.

How are they OK with any of this?

How are they OK with Trump setting free 1,500 convicted January 6 criminals, many who violently attacked 140 police officers and broke into the Capital in an attempt to overthrow the government?

How are they OK with attacking an Episcopal bishop asking for mercy for the people who are now in the bullseye of his hate?

How are they OK with Patel, Hegseth, Kennedy, Gabbard? Musk! Fricking Ross Ulbricht!

How?

Mostly because they don’t know what’s going on. Fox News isn’t telling them. They’re not interested in knowing. They don’t believe what little news trickles down to them.

So much news and it’s falling on deaf ears. Or it’s dismissed by the stubborn and sycophantic matter between those ears.

Have you seen those interviews with Trump supporters? Their blind fealty is breathtaking. Scary.

Look, I loved President Obama. I appreciated President Biden. I would have loved President Harris. But I never deified them. I never accepted everything they said as sacrosanct and sacred.

But Trump supporters? He’s their god. They’d follow him off a cliff.

Trouble is, they’re taking the country over the edge with them.

So what do we do?

For one, we have to end our vacation from the news. I have. No more Hallmark Christmas romance movies for me! We have to know what’s going on.

More than that, we have to share what we know, backed by truth and fact and videos.

The Bulwark’s Jonathan Last suggests that to stop Trump’s war we have to stop his popularity. His Republican cowards in Congress stick with him when he’s riding high in the public eye. Trump’s popularity stands at about 47% — better than almost any time during his first term. That won’t last once reality sets in.

So how do we wake up his loyalists to reality?

“Go out and tell them about the bad shit Trump is doing, right now,” Last suggests.

But look, I get that it feels like screaming into the void. And it’s hard to immerse oneself again in Trump Land without feeling like your head is going to explode.

So just do what you can, what you are comfortable with. Abstain from personal attacks — which, like I mentioned, is getting harder for me to do, so I know what a challenge that is.

And, yes, listen to what they have to say as well.

Know you are not the one who is crazy. Know you are not alone.

I promise to keep telling them (and you) about the bad shit Trump is doing, too. Lord knows there’s plenty of shit to choose from.

And it’s only Day Three.”

DINELLI COMMENTARY AND ANALYSIS

A tremendous THANK YOU goes to Joline Gutierrez Krueger Glenn for voicing what many are thinking and believing. It’s a sober reminder that elections have consequences.

It was the economy and inflation that swept Trump to a decisive victory. Exit polls showed that the voting public were extremely disgruntled if not downright hostile with the direction the country is going, with inflation out of control. Voters were far more  concerned about making a living, angered over grocery and gas prices, as opposed to any threat Trump posed to our democracy. Voters simply believed they were better off when Trump was President the first time believing all his lies. Voters chose to forget the 4 years of total chaos Trump brought upon the county and his failure to deal with the pandemic that killed millions worldwide and in the United States and that had a strangle hold on the country and that destroyed the economy.

In the end, voters simply ignored Trump’s flawed character, the multimillion dollar civil judgements against him for sexual assault and slander, his criminal conduct in the private sector and while in office, his fraud in securing millions in loans in New York, the  multiple state criminal convictions and pending federal criminal charges, his two impeachments, his misogyny, his racism, his threat to democracy, his attempt to overthrow the government with all his lies that the election was rigged and stolen from him, his attacks on woman’s rights and civil rights, his support of racists groups such as the Proud Boys and the Oath Keepers, his promotion of racist policies and his cult following of Christian fundamentalist who totally ignored his immorality, multiple marriages and affairs and praised him as the second coming.

Trump is now our President after a peaceful transfer of power, unlike 4 years ago when Trump promoted an insurrection and his big lie that the election was stolen from him. The country now has the President it has elected. Voters will get a clown car of a cabinet filled with people who have no business being appointed, who are totally unqualified and who are 100% loyal to Trump and not to the country and whose goal is to destroy the very agencies they head. The reality is that with his executive appointments he is following the conservative Project 2025 agenda to the tee. (See related article below on Project 2025.)  With Trumps announced appointments, it his clear he intends to gut the Department of Justice, the military leadership, our health care system and dismantle government to carry out his personal vendettas.

Trump and his Republican Party are overreaching declaring they have a mandate to do whatever they damn well want with no guard rails. Trumps selections for cabinet positions also indicate there will be no checks and balances from congress with Republicans in control of all three branches of government. There will be no intervention from the Trump appointed Supreme Court of right-wing conservative disciples in  black robes who will do his bidding and who have given him immunity from prosecution making him above the law.

As the saying goes, elections have consequences.  Trumps agenda will go way beyond what people thought they were voting for. Voters will not be any better off financially than they are now in one year under a Trump second presidency let alone the 4 years to come. His imposition of tariffs and the effects of mass deportation on the agricultural work force will have a dramatic and negative impact on the economy as will corporate greed and skyrocketing consumer prices. MAGA supporters will enjoy watching as he burns the country to the ground, up and until they are personally affected such as when social security and Medicare are slashed which is guaranteed

Throughout his successful campaign, Trump campaigned on the idea that he would “rescue our middle class” and fight for the average American. Now that he has assumed office, he has appointed and empowered oligarchs, billionaires and millionaires to dismantle government and be damned the average American. Now that he has been sworn in, it’s clear from actions he intends to sow chaos, controversy and divide the American people and alienate our allies world wide as he sucks up to dictators such as Putin.

Links to related Dinelli articles are here:

Trump’s “Clown Car” Appointments Will Seek Trump’s Revenge On Department of Justice, Fire Military Hierarchy, Endanger Public Health And Compromise Nations Intelligence And Security; Trump Relies On Oligarchs To Systematically Dismantle Government; Trump Wants Recess Appointments To Avoid Senate Confirmation Hearings

 

Trump’s Second Administration Packed With Project 2025 Architects And Authors; Their Ultimate Goal Is To Systematically Dismantle Federal Government And Give Trump Unfettered And Total  Control Of Government

 

Project 2025 Is Der Führer Trump’s Conservative Blue Print For A Second Term Reflecting An American Fascist Agenda To Give Trump Unfettered Presidential Power