On January 21, New Mexico Gov. Michelle Lujan Grisham delivered her 2025 State of the State address to begin the 60-day legislative session.  During her address, the Governor told legislators this:

“Everyone in this room knows that crime is out of control in New Mexico. Even our public safety professionals agree, we’re in a state of crisis…the violent crime rate in New Mexico is twice the national average. Addiction is rampant. And we’re clearly struggling to protect New Mexicans from this madness. … I recognize that the issues that plague us are rooted in poverty, inequality and generational challenges long neglected. …  But our crime problem destabilizes the very communities we seek to empower. It threatens the very prosperity of our state, in which we have invested so much. We cannot and we must not let this continue. We need the tools to overcome this challenge. We can respect civil rights and protect the right of every family to live safely, the right of small businesses to conduct commerce securely and the right of our children to grow up in communities free from danger.”

Governor Lujan Grisham has said she does not agree that New Mexico’s high violent crime rate is due more to a lack of enforcement of existing laws than a need for tougher laws.  The Governor said this:

“Frankly, even if that was true, we have a crisis. …  And you better do everything in your power to address that crisis, otherwise, I don’t know how you look families in the eye.”

Lujan Grisham pointed to data shared by the nonpartisan nonprofit Council of State Governments Justice Center that shows New Mexico’s violent crime rate in 2023 was 21% higher than a decade earlier and twice the national average.  The governor cited the intersection between poverty, homelessness, mental health, addiction and crime, saying the state needs to invest more in programs to help people become stable, productive members of society.

Last year, the governor held town halls in Alamogordo, Las Cruces, Gallup, Raton and other cities. The message delivered to her was clear: People don’t feel safe. The governor outlined  in her State of the State address several of the proposals she will push lawmakers to adopt during the legislative session.  Her priorities include the following:

• Toughening penalties for people with felony convictions who illegally possess firearms.
• Sentencing for criminals who traffic deadly drugs like fentanyl.
• Calling for the mandatory “civil commitment for those who need treatment the most.” The governor said she wants to “reform criminal competency laws that let too many dangerous people remain on our streets.”
• Pushing for a tax rebate for businesses “to help businesses foot the cost of security personnel and equipment until we can get our crime epidemic under control.”

RESPONSES TO GOVERNOR’S PROPOSALS

Following the governor’s State of the State address, Republican leaders held a news conference to respond to Governor Lujan Grisham’s proposals.  Republican leadership said they appreciated her new tough-on-crime agenda, but they said they have proposed such legislation the entire time  she has been governor and without any action by the Democratic controlled legislature.  The Republican leadership said her speech focused too much on behavioral health spending, which they described as throwing more money at solutions that will be slow to develop.

ACLU REACTS

The American Civil Liberties Union of New Mexico objected to the push for stiffer criminal penalties saying lawmakers should focus instead on preventive measures. Lena Weber, the interim policy director at the ACLU of New Mexico, said this:

“[The ACLU was] disappointed to hear the governor yet again propose policies that will fuel mass incarceration in our state and harm our communities. Longer sentences and coerced treatment aren’t the solutions our state deserves. We urge the governor and the Legislature to reject harmful proposals and instead double down on the real solutions that the governor and lawmakers have already proposed that will offer stability and safety by investing in housing, healthcare, education and jobs.”

Lena Weber  said the organization was “encouraged” to hear the governor’s commitment to taking bold steps to reduce homelessness and improve access to behavioral health care. Weber described  them as “the real solutions we need to build lasting community safety for all New Mexicans – not more of the same ‘tough on crime’ approach that has failed our state for years.”

INTRODUCED LEGISLATION

More than 40 bills dealing with crime and criminal penalties have  been filed since the start of New Mexico’s 60-day legislative session. Some lawmakers say there’s a greater sense of urgency to address crime this year amid a spike of violent crimes involving juvenile offenders. The following are a few of the major bills introduced:

• Senate Bill 32: Creates it a fourth-degree felony of possession of a stolen firearm.
• Senate Bill 70: Amending it a state racketeering law to include human trafficking and other crimes.
• House Bill 165: Making it easier to hold defendants accused of certain violent crimes in jail until trial.
• House Bill 166: Increase the criminal penalty for convicted felons in possession of a firearm.
• Senate Bill 166: Changing the definition of dangerousness in state’s laws dealing with involuntary commitment for individuals with mental illness.
• Senate Bill 95: Making  it a capital crime to sell fentanyl to anyone who subsequently dies due to an overdose.

OTHER  LEGISLATION OUTLINED

Republican State Senator Craig Brandt is sponsoring a bill that  would make it a felony to make a shooting threat.  House Representative Joy Garratt is also looking to push a similar bill through the House. It’s a bill Brandt has  tried to get through the legislature in the past. Sen. Brandt said this:

“It seems like a very common-sense thing. We have a felony if you call in a bomb threat … a shooting threat is pretty much the same alignment.”

A bill sponsored by Republican State Rep. Stefani Lord would make it legal to carry a firearm, open or concealed, without a permit.   This is the second time she has sponsored the legislation. Rep. Lord  says 29 states already have made “permitless carry” legal. She added that those states have not seen an increase in crime rates. Rep. Lord said this:

“What we’re trying to do with this bill is codify the right of law-abiding citizens to carry a handgun and ensure equity for all of our New Mexico citizens, no matter what your income, age, or physical ability, so you can lawfully exercise your right to bear arms if you so desire.”

Albuquerque West Side Democrat Rep. Cynthia Borrego is sponsoring a bill to deal with vehicle thefts that would increase penalties. If passed, penalties for receiving, embezzling, or stealing a vehicle would increase for each additional offense and could be stacked together, so committing one of those other offenses along with stealing a car could make your sentence harsher. Currently, those crimes are less harsh standing alone.

HB107 would increase penalties for people who traffic drugs resulting in someone’s death.

GOVERNOR OUTLINES SUPPORT FOR PUBLIC SAFETY MEASURES

During a  January 28  news conference,  flanked by law enforcement officials and both Democratic and Republican lawmakers, the Governor expressed support for specific public safety and crime measures.  The Governor  said she does not agree that New Mexico’s high violent crime rate is due more to a lack of enforcement of existing laws than a need for tougher laws.  Lujan Grisham said this:

“Frankly, even if that was true, we have a crisis. … And you better do everything in your power to address that crisis, otherwise, I don’t know how you look families in the eye.”

Capital felonies under New Mexico law include first-degree murder and are punishable by life in prison without the possibility of parole. The Governor said she supports a proposal that would make it a capital felony for anyone convicted of selling fentanyl to another person who dies of an overdose. Lujan Grisham described the bill, which is sponsored by Republican Sen. Crystal Brantley, R-Elephant Butte, as a “powerful” proposal.

Governor Lujan Grisham  indicated her support for  House Bill 4 that would change New Mexico’s judicial procedures for cases involving defendants with mental illness. Rep. Christine Chandler, D-Los Alamos, the bill’s sponsor, said voluntary treatment is still preferable for defendants who are willing to seek it, but said some individuals need a “push” to get help. Chandler said this:

“I feel confident that it’s the right approach to address the concerns we’ve all been hearing since the summer.”   

During the January 28 press conference Sen. Craig Brandt, R-Rio Rancho, applauded the governor for working with Republicans and Democrats alike on public safety issues. Brandt said this:

“Crime is all over this state. … It’s no longer just an Albuquerque problem and I’m tired of hearing that.”

GOVERNOR APPLIES PRESSURE TO GET LEGISLATION PASSED

Gov. Michelle Lujan Grisham is applying  pressure on state lawmakers to fix public safety issues during the 60 day legislative session which will be her very last as Governor. Democrats, Republicans, law enforcement officials, and other state leaders are on the same page, but has always been the problem, improving public safety and actually doing something are two very different things.  Consequences, intervention and prevention are areas the governor and legislative leaders are trying to tackle at the same time.  House lawmakers are working on two key public safety proposals. One would expand New Mexico’s red flag law to make it easier for law enforcement officers to use. The other is reworking the state’s criminal competency laws.

CRIMINAL COMPETENCY LAWS

It is reworking the state’s criminal competency laws that is clearly the most complicated proposal. It would give the courts more options when suspects are deemed incompetent to stand trial.  A lot of those suspects are simply released back on the streets, and the proposed legislation could make it easier to get those suspects into behavioral health treatment programs which is something the governor says they just aren’t doing on their own.

Governor Lujan Grisham has expressed openness to expanding New Mexico’s behavioral health system for individuals with mental illness or substance abuse disorders. The governor says the mentally ill are not seeking mental health care on their own.  The Governor said this:

“I have yet to see that occur in any community in the state. In fact, the data suggests, pretty unequivocally, rarely, if ever, do they get the help or stay in a treatment program so that they can be fairly supported and get out of this revolving door crisis. … We aren’t going to vilify poverty or mental health issues. …  But we aren’t going to tolerate … criminality anywhere in the state.”

The goal is to close the so-called revolving door when it comes to behavioral health care treatment and competency.  Democratic state lawmakers are saying they have spent extra time making sure their proposal does not violate New Mexican’s civil liberties.

Leading Democratic legislators  are proposing the creation of a $1 billion behavioral health trust fund  to underwrite future spending on addiction and mental health treatment to rein in crime and homelessness. Companion legislation would  compel some people to receive treatment.

Lujan Grisham also voiced her support for holding people who are deemed dangerous in custody pending trial and toughening laws to ensure repeat offenders are held accountable. She said it’s a small group of repeat offenders who wreak a large percentage of havoc. The Governor said this:

“We cannot, we must not let this continue. … We need the tools to overcome this challenge.”

INCREASING PUNISHMENTS

Increasing punishment for certain crimes is part of the public safety proposals. The governor is  backing efforts to increase the punishments for the following criminal offenses:

• Fentanyl trafficking.
• Human trafficking.
• Shooting from a motor vehicle.
• Increasing penalties for possessing a stolen gun.
• Increasing penalties for convicted felons caught with guns.

CHANGES TO JUVENILE JUSTICE LAWS

There is a bi-partisan push to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code to make sure violent teen suspects are held accountable. The push is being spearheaded by Democrat  Bernalillo County District Attorney Sam Bregman.  DA Bregman has said  that overall violent crime appears to be trending down in New Mexico. However, he has said violent juvenile crime is “out of control,” saying 25 defendants under age 18 are currently detained and facing murder charges in New Mexico. Bregman said this:

“Juveniles without consequences who later commit murder or violent crimes happens every single week in Bernalillo County. … We have to do some things so they learn when they first enter the criminal justice system that their conduct of violating certain laws and norms cannot continue without a consequence. Therefore, they learn it, because we’re not at the end of the day.”

PROPOSED CHANGES TO CHILDREN’S CODE OUTLINED

Bernalillo County District Attorney Sam Bregman has  said  that from January of last year to November of this year there have been 1,448 juvenile cases. This includes 24 homicides, 386 cases involving firearms, 49 armed robberies, and 44 rapes. He said from 2022 to 2023, there’s been a 57% increase in cases that involved kids with guns. However, in the first ten months of 2024, there was a 37.5% decrease in juvenile felony gun crimes compared to the same time in 2023.

In response to the juvenile violent crime rates, Bregman’s office has developed a list of 36 amendments to the Children’s Code and the Delinquency Act.  These changes include expanding the types of crimes where juveniles can be charged as adults, extending the jurisdiction of juvenile services to 25 years old and expanding youth gun restrictions. Bregman is proposing a 64-page bill with proposed amendments to the children’s code to crack down on youth crime.  The proposed changes are all aimed at making sure there’s proper guardrails for juvenile criminals.

The proposed changes to the Children’s Code and Delinquency Act Bregman has listed are the most important are:

• Expanding the definition of “Serious Youthful Offender” to include second degree murder, voluntary manslaughter, criminal sexual penetration (rape), armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death.
• Extending the age of possible imprisonment for “Youthful Offenders” from 21 to 25 years old. As the law is currently written, once a juvenile offender turns 21, in most cases, the criminal justice system automatically loses jurisdiction. Extending jurisdiction to age 25 would provide more time to get youthful offenders to get the treatment and supervision they need, while also monitoring the progress they are making.
• Making it a felony for unlawful possession of a firearm for people under 19 to have any guns, including rifles, and not just handguns. Right now, it is illegal for anyone under the age of 19 to be in possession of a handgun. However, it is not illegal for anyone under the age of 19 to possess an assault rifle. The law would be updating language from “handgun”to “firearm,”which will include assault rifles. Bregman is also proposing to increase the penalty for this crime from a misdemeanor to a fourth-degree felony.
• Moving a person to an adult facility once they reach the age of 18.  Bregman believes that when a juvenile convicted of a violent crime turns 18, they should go to an adult facility because he does not want an 18-year-old in custody with a 13-year-old.
• Remove the use of the “Risk Assessment Tool” to determine if a child is to be detained and allow prosecutors to file charges without having to first consult the juvenile probation office. Bregman said detention risk assessments also often stand in the way of holding young people who have been arrested, adding the assessments fail to give judges enough discretion and law enforcement officers enough credit as people with firsthand knowledge of a crime.  Bregman said this:  “I say that if a police officer determines that that person needs to be arrested at the time, they need to be booked into the [detention center], and within 24 hours or so, a judge needs to hear and determine whether or not that person should be detained pending adjudication of the charges”.
• Unsealing juvenile records during certain court hearings proceedings. This would consist of removing the secrecy laws that seal juvenile records from public review for the most serious offenders. This would allow juvenile records to be used during any adult conditions of release or sentencing hearing without having to obtain a court order to unseal the records. Every judge has the right to know and consider if the person in front of them has a violent past when determining conditions of release or sentencing. This change would allow for additional information to be heard and considered and will ultimately promote public safety.
• Requiring judges to preside over juvenile detention hearings.
• Grant judge’s discretion on the length of probation or commitment terms based on  a juvenile’s history.

LEGISLATURE PUSHBACK

The governor has faced major pushback from lawmakers in her own party for her public safety ideas before. Last year, the Governor called a special session to deal with and enact specific public safety legislation. The special session lasted one day and not a single bill she proposed was enacted.  Lujan Grisham said many bills have been improved since a special session last summer. The Governor said this:

“What came to light is none of us, including my office, were really looking at the data about what was happening in our communities.”

It is more likely than not all public safety measures will have to survive the Senate Judiciary Committee, where Democrats have repeatedly shot down public safety bills dealing with pretrial detention where defendants charged with serious felonies be held until trial.  Opposition has been over constitutional concerns.

New Mexico State Senate Judiciary Committee Chairman Joseph Cervantes, Democrat from Las Cruces, has been the biggest impediment to enactment of public safety measures to reduce crime.  Over the past 3 legislative sessions in particular, many public safety measures such as gun control measures and pre-trial detention measures to jail defendants until trial have been referred to his committee only to be voted down. Cervantes has said this in reaction to the city’s high crime rates:   

“High crime rates are an Albuquerque problem. …  I’ve said for years, with lots of opposition, that Albuquerque crime is attributable to an utter lack of accountability and leadership, and outright corruption, which the public and media tolerate. No new laws can solve this.” 

The governor suggested lawmakers should consider enacting  a number of  proposals into one massive public safety bill known as an omnibus crime bill. Lujan Grisham said this:

“Maybe the benefit of those debates for those years, allows New Mexico not to nibble again at the edges and do one or another, but an omnibus package, which we haven’t done, I don’t think in decades. You know what? I’ll take that 1,000% of the time, because that will erode this crisis and do something about it faster than one or two pieces of legislation at a time.”

Legislative leaders have confirmed they want to get through major public safety proposals in the first 30 days of this session. However, there has been no mention of and omnibus package.

COMMENTARY AND ANALYSIS

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.

If there was ever a realistic chance for the New Mexico Legislature to enact major public safety measures, 2025 is the year to do it. 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 all public safety legislation and get assurances she will sign it and not veto it in the end, otherwise they are wasting a lot of time.

Links to quoted or relied upon news sources are here:

New Mexico Gov. unveils sweeping public safety proposals

https://www.abqjournal.com/news/article_c7304700-ddab-11ef-bc9f-d3f95f99f6ac.html#tncms-source=home-featured-7-block

https://www.kob.com/new-mexico/state-lawmakers-focus-on-public-safety-plan/

https://www.abqjournal.com/news/article_c7304700-ddab-11ef-bc9f-d3f95f99f6ac.html#tncms-source=home-featured-7-block

https://www.manisteenews.com/business/article/new-mexico-governor-sets-priorities-for-20047957.php

On  February 3, the New Mexico Supreme Court issued an “Order to Show Cause” to prominent DWI criminal defense attorney Thomas Clear, III. Clear is being ordered to show cause by the NM Supreme Court why he should not be held in contempt of court and disciplined for his alleged nefarious conduct in the racketeering, bribery and kickback scheme to law enforcement officers to get DWI cases dismissed. The bribes were given in exchange for referring clients to Clear and helping Clear to get the criminal charges dismissed in court. The bribes were in the form of cash, money orders, gifts, trips or free legal advice. The officers alleged to be involved are  with the Albuquerque Police Department (APD), the Bernalillo County Sheriff’s Department (BCSO)  and the New Mexico State Police Department .

The New Mexico Supreme Court has licensing authority over all lawyers licensed to practice law in the State. The New Mexico Supreme Court’s Order to Show Cause is essentially identical in nature  to the one filed just days before by Chief U.S. District Judge Kenneth Gonzales. Clear has practiced in both federal and state courts over the last two decades. Clear has not been criminally charged nor has he  said anything publicly to address the allegations since the FBI executed search warrants a year ago at his law office.

16-804 of the New Mexico Rules of Professional Conduct entitled Misconduct, states:

“It is professional misconduct for a lawyer to:

• 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;
• Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
• Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
• Engage in conduct that is prejudicial to the administration of justice;
• 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.”

The New Mexico Supreme Court is giving Clear until February 10 to show cause, in writing, why he “should not be subject to discipline, up to and including suspension” for his alleged conduct. Chief U.S. District Judge Kenneth Gonzales has given Clear  30 days to respond in writing, and two weeks if he is charged with a crime.

FEDERAL INVESTIGATION

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  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 during the last 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, Bernalillo County Sherriff John Allen announced that one BCSO deputy implicated 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 identified as being involved in the bribery and conspiracy scandal.

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 the 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 bribes consisting of cash, money orders, gifts, trips or free legal services.  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, III. 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.

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

https://www.abqjournal.com/news/article_86aca9da-e28d-11ef-8fd3-4f512fc126ab.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-new-mexico-supreme-court-dwi-scandal/63657743

https://www.krqe.com/news/albuquerque-metro/new-mexico-supreme-court-issues-order-for-attorney-thomas-clear/

COMMENTARY AND ANALYSIS

The filing of “Order To Show” pleadings by both the New Mexico Supreme Court and Chief U.S. District Judge Kenneth Gonzales were done “sua sponte”, meaning on their own initiative without any prompting by any source or party to litigation. Both actions are truly remarkable and unheard of in their own right. The court’s actions reflect, as they should, just how serious the federal and state courts take attorney nefarious or criminal conduct that cannot be tolerated at any level.

Criminal Defense Attorney Thomas Clear, III, has not been formally charged with any crime nor has he been found guilty of any crime. A “Co-Conspirator 1” is identified  in the federal criminal Information charging Clear’s investigator and  para legal Ricardo “Rick” Mendez with racketeering, bribery and conspiracy in the kickback scheme.

Based on the admissions and guilty plea contained  in the January 24 Plea and Disposition agreement,  Mendez  has identified  Thomas Clear, III as “Co-Conspirator 1”.    Both Courts are confronting Clear with the allegations  and demanding  explanations of his involvement.  For that reason, its more likely than not that Clear will respond to both the Court’s Order to Show orders by asserting his 5th Amendment constitutional right against self-incrimination and demand due process of law. In particular, its likely Clear will tell both courts he has not been charged, he has not been found guilty of any crime and that neither court can impose discipline until he is charged and found guilty. Both court’s will have to decide if they have enough evidence to go forward with discipline including but not limited to suspension or disbarment from the practice of law.

After over a year of front page news and investigation by the FBI and the Department of Justice, 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 nor any of the attorney’s involved. 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 nor the attorneys alleged to be involved.  After over a full year investigation, its likely the US Attorney’s office and the FBI  have more than enough to proceed with charges and more than enough evidence to secure convictions,  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 nor the attorneys.

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 also 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 Order To Cause proceeding filed by both courts  are  a first  good step.

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”

The Albuquerque Journal has made major changes to its Editorial Opinion Page. The paper now features 5 types of opinion columns submitted for publication: those by the paper’s Editorial Board, those by the paper’s Community Council, those by Syndicated Columnists, those by Local Columnists and those by Local Voices.  “Local Columnists are tasked with carrying a heavy load of responsibility to help readers scrutinize issues impacting them, their community and their country. It is the Journal’s goal to publish columnists from all walks of life and varying political viewpoints to give readers exposure to all sides of local issues.”

On February 2,  the Albuquerque Journal published on its OPINION page the below “Local Columnist” guest column:

HEADLINE: “DWI Bribery Scandal Has Tarnished Our Criminal Justice System”

BY PETE DINELLI, LOCAL COLUMNIST

https://www.abqjournal.com/opinion/article_39c327dc-ddcb-11ef-9d4f-474ec6d25720.html

The links to 2 related Dinelli blog articles are 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

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”

Jaemes Shanley is a resident of the Mark Twain neighborhood located in the mid heights. He first arrived in Albuquerque in August 1969, after graduating High School in England, to attend UNM from which he graduated in 1973. His parents followed a year later, and his father retired in Albuquerque after a 30 year career as a US Naval aviator.  In 1971 they purchased a home in the Mark Twain neighborhood where they resided for the remainder of their lives. Jaemes worked a lifetime in the private sector in sales and marketing for various corporations in the United States, Australia, and Japan. His worked required extensive travel throughout Asia Pacific and Latin America routinely on the ground in more than 30 countries. Jaemes and his wife returned to Albuquerque in September 2006 to renovate and take up residence in his parent’s Mark Twain neighborhood home where they reside today, becoming actively involved with Neighborhood Associations.

JAEMES SHANLEY GUEST OPINION COLUMN

EDITOR’S DISCCLAIMER: Following is a guest opinion column written by Jaemes Shanley.  The editor has added section  headlines to assist readers.  The opinions expressed in this guest opinion column by Jaemes Shanley do not necessarily reflect those of the  www.petedinelli.com blog. Mr. Shanley gave consent to publish his guest column and he was not compensated for it. The guest column is being published as a public service announcement to educate citizens of Albuquerque and neighborhood associations.

A MARK TWAIN NEIGHBORHOOD PERSPECTIVE OF ALBUQUERQUE

Before the social media revolution, neighborhoods were the anchoring secular bedrock of community in America. They reflected and reinforced shared values, security, and above all, respect for the ownership or occupancy of property. They influenced, supported, and were supported by surrounding businesses. Children could be raised, play on its sidewalks and streets, and walk to and from school or bus stops.  Property owners invested effort and money in the maintenance and improvement of their property with reasonable assurance the value of the investment would accrue to a stable if not increasing real estate valuation. Neighborhood streets were the “media” of face-to-face social interaction.

I live in the Mark Twain neighborhood, part of what is often referred to as the near northeast heights.  When my parents acquired the house that is now my home the area was an iconic manifestation of an American polity and economy anchored in the expectation and realization of upward mobility.  After 30 years of the nomadic military life, my parents reveled in the interaction and relationship formation the neighborhood offered, including an enduring decades long friendship with near neighbors Manuel and Jean Luhan who were residents here the entirety of his U.S. Congressional and Cabinet career.

My business travel through midsize towns of Ohio and Indiana in the early 2000’s alerted me to a troubling visible decay occurring in this country, but it was surprising and alarming to see it taking root in parts of Albuquerque a decade later. Over the past ten years anyone driving along many of our main corridors has witnessed scenes and sites of destitution and desperation that defy any cognitive reconciliation with the notion we live in the richest and most powerful nation on earth.  In too many neighborhoods, including mine, a drive is no longer necessary to witness this stark visible contradiction of the national self-image I have held as an American all my life.  At best it is only blocks away.  At worst it can be seen on the sidewalk in front of my house. I had to travel to Mumbai India in 1994 to witness for the first time the kind of squalor and poverty I can now see in vast swaths of Albuquerque.

This is not the product of change in my neighborhood’s residential demographic and properties.   It is the effect of an unchecked tide of downward mobility and economic marginalization within Albuquerque’s population, expressed in a steadily growing “community” residing on our streets, unanchored by neighborhood attachment, and characterized by subsistence level living, vagrancy, desperation, addiction, and, often, criminality.  The most pronounced direction of that wave has been from the southeast International District toward us. In addition to frequent vagrancy and incidents of crime in the neighborhood, the irrefutable evidence of these changes can be seen in the nature and targeted clientele of surrounding businesses.  

THE EVOLUTION OF FAIR PLAZA SHOPPING CENTER

Fair Plaza Shopping Center, positioned at the northwest corner of Lomas and San Pedro, was once a top tier boutique-like destination with Baskin-Robbins, locally owned Book Store, Gift Shop & Florist, an Imports emporium, a Wine Bar frequented by local residents, and upscale Smiths supermarket. To gain a sense today of what Fair Plaza was like 20-30 years ago, visit Mountain Run Shopping Center located on far north Eubank Blvd.  Fair Plaza today is a destination catering largely to the economically challenged.  As it draws an increasing proportion of its clientele from the food desertified areas to the southeast, the Smiths supermarket is defeatured in products offered compared to other Smiths supermarkets and it anchors a collection of businesses that cater not to the economic middle class but to the economically distressed bottom end of extreme inequality, including the unhoused. 

The boutique-like businesses are gone and replaced by a Goodwill Depot, Family Dollar, RAC Rent-to-own Center, Safe House Thriftique, an anonymous unsigned homeless food support facility, a model railroad display, basic nail & hair salons and multiple vacant spaces.  The corner gas station is now a windowless fortressed Stripes drive thru.  Similar trends can be seen among business locations along both Lomas and San Pedro.  Many of the once luxury apartment complexes on Louisiana between Lomas and I-40 have become low cost, often short-term rental accommodation.  As the commercial and alleyway periphery of the neighborhood has become increasingly the domain of vagrancy, drug-dealing, and worse, local businesses are failing, fleeing, or closing.

COMMERCIAL COORIDORS PROTECT NEIGHBORHOOS

Commercial corridors surrounding neighborhoods are more than a collection of services and suppliers.  They are also a protective “membrane” that encloses and, to a degree, protects and defines the borders and identity of neighborhoods.  The reconstitution of our nation’s retail economy over the past two decades, especially from concentration into big box enterprises and online shopping, have been powerful and effective forces eroding the viability of many categories of small business. With their “immune systems” already undermined, they are seriously under protected from the impact and customer repelling effects of being surrounded by or trespassed upon by the vagrant or encamped homeless, a percentage of them impaired by addiction, who too often are the source of further incursions onto residential private property, often with vocal harassment, indiscriminate littering and fires, petty theft or vandalism, and occasionally escalating to serious crime or violence.

Many of us who reside here in Mark Twain have had personal experience of this. If not witness to shootings, dead bodies in alleyways, or, most recently, a middle-of-the-night shooting/murder at Mountain and Georgia NE, we are certainly aware of them.  Residents of Mark Twain have reason to feel “under siege”. Seeing the more advanced effects of this street homelessness crisis in other areas of Albuquerque, like the International District “war zone”, residents talk of selling and relocating to gated enclaves or safer neighborhoods on the west side of Albuquerque. We can reasonably fear a “hollowing out” of Mark Twain in which property values plateau independent of the overall market and then start an inexorable decline. 

There is no justification to be tolerated for this possibility. The construction and maintained quality of homes in the neighborhood, its proximity to UNM, major hospitals, downtown Albuquerque, the freeways, and Uptown, Winrock, and Coronado shopping centers should preserve the value and attractiveness of homes in the Mark Twain neighborhood now and for future generations.

YARDSALE INTERACTION REVEALS ANGST AND FRUSTRATION

This is the context in which I conducted a yard sale at my house in early November, as a resident aware of and concerned about what was going on, but living, even if disapprovingly, in the cocoon of my own property and interaction with immediately adjacent neighbors, paying more attention to national politics than local affairs.

Over the course of two weekends, I encountered and conversed with a variety of fellow Mark Twain residents I had not previously met. The levels of angst, frustration, and resentment I heard from them at the seeming inaction to address the blight on our borders was head snapping. I subsequently joined a small group to spearhead an organized effort through the Neighborhood Association to specifically address the dissolving of safety and security.

MAYOR KELLER’S CONSTRUCTIVE CONVESATION EVENTS

Last November that seemed a daunting, if not quixotic quest. We had a sense that City government, including APD, were overwhelmed and ineffective at tackling this issue.  Starting out in Don Quixote mode the initiative quickly morphed into a kind of Alice in Wonderland as I tumbled down, aimless and uneducated, into the rabbit hole of civic engagement.  Fortuitously, the Mayor’s office announced at this time a series of Constructive Conversation events focused specifically on the “homeless” crisis.  I entered the Convention Center on December 7^th for the first of these feeling dubious and cynical.  I came away surprised and impressed by the scope and specificity of initiatives and the measurable advances being made. A broad and costly ($57 million annually) effort is being made by the City, in concert with an array of non-Profits and teams of concerned citizens to get people off the streets and offer a navigated path to recovery and restoration of secure and purposeful life.  

I was gratified to experience the willingness of the Mayor and his team to reach out, engage with and earnestly discuss the issue in all its dimensions with members of the community.   Attending a second event a week later confirmed my impressions but the most important takeaway was Mayor Keller’s forthright acknowledgement. Mayor Keller said this:  

“We’re acting with urgency, but what the City can do alone is not enough.  We are inviting everyone to come to the table, pool our resources and turn the tide on homelessness.” 

I soon came to realize what he meant.  In the following weeks, seeking knowledge and insight as a basis for future action, I engaged with the District 7 Coalition of Neighborhood Associations,  the Inter-Coalition Council (of Neighborhood Associations), City Council (and my District Councilor), the Transformative Neighborhood Planning Group, StrongTownsABQ, NM Coalition to End Homelessness and the Point In Time count and survey of street homeless in the city, and spent half a day riding the full route of the ART.  I am, at this stage relative to the complexity of the street homelessness problem, a graduate from kindergarten into first grade. 

PLIGHT OF CITY’S HOMELESSNESS

The plight of Albuquerque’s homeless merits empathy and screams for radical and sustained remedial action.  It is far too easy to be appalled at distance and forget that each unhoused person in our city is a human being who has a story. While it might be excruciatingly uncomfortable, we would all benefit in our capacity to understand and address this tragedy if we could, even mentally, walk a mile in their shoes.  Apart from the evident misery, anyone who has, like me, witnessed up close over three decades the extraordinary transformation of a third world nation of 1.4 billion people into a first world rival superpower knows we in the United States have no spare human potential to waste. With all the attention the issue commands it is evident the “pooling of resources and coordination of parties at the table” to make transformative progress in Albuquerque has yet to occur.

A MOSAIC OF NEIGHBORHOODS

The City of Albuquerque is a mosaic of neighborhoods, each one defined uniquely by a degree of commonality in attributes historical, aesthetic, and socio-economic; not homogenous, but imbued with a capacity for connection.  If any of the pieces of the mosaic are degraded by the rupture and destabilization of incursion or occupation by elements alien to a neighborhood’s common attributes and aspirations, be they criminals, gangs, or homeless encampments, then the total picture of Albuquerque as a city is tarnished and blighted, enough to discourage not only current residents but also the potential relocation here by professionals and specialists the City may (almost certainly will) need.

An explosion of street homelessness should not / must not oblige neighborhoods to surrender their freedoms, as responsible property owners and residents who wish to live in safety, privacy, and harmony, to the irresponsible and unrestrained freedom of others to infringe upon neighborhood residential and commercial property, spaces, and safety.  We can see in other parts of Albuquerque what such surrender looks like.  When neighborhoods are “lost” to this issue, everyone suffers.   As the tax base of residential property, adjacent retail premises and area economic activity erodes, the City cannot depend upon its replacement via extended urban sprawl toward its outer edges.   The problem will follow, as even residents on the western edge of Corrales are now experiencing.

The City’s Neighborhood Association Recognition Ordinance (NARO) and various clauses of the Integrated Development Ordinance emphasize and codify the essential role of neighborhoods in the life and direction of the City.  It is time for them to be a more assertive voice and contributor at the table as Albuquerque grapples with the issue of street homelessness. 

A Neighborhood “Bill of Rights”

• A neighborhood is a collective extension of the rights and freedoms that apply to the individual property owners and residents of which it is comprised.
• As an aggregate of tax and rate payers, the neighborhood collective is entitled to expect from City, County, and State officials the delivery of services that include basic security and safety from harmful incursion by individuals who are not members of the neighborhood.
• The public spaces within the neighborhood, including sidewalks, alleyways, and parks, should be freely and safely accessible to members of the neighborhood, including children, and should be free of vagrants, encampments, and the refuse thereof.
• Vehicle transit from arterial roads through the neighborhood should be safe and reasonably quiet. Compliance should be reinforced as necessary with stop signs, speed bumps, or roundabouts.  Residents should be able to report violators to agencies of public safety with an expectation of redress.
• Residents of the neighborhood should, to the best of their ability and means, support those adjacent businesses that reflect and/or serve their values and interests.
• Businesses adjacent to the neighborhood that do not reflect or serve the interests or values of neighborhood residents should not expect their patronage. Those that directly or indirectly operate contrary to the welfare, harmony, and safety of neighborhood residents should be actively opposed and reported for violations of public wellbeing.

THE MISSION OF NEIGHBORHOOD ASSOCIATIONS

It should be the priority MISSION of Mark Twain Neighborhood Association, and others similarly affected, to:

a). Engage with and join the chorus of representative voices demanding City, County & State government prioritize resources to effectively reduce linked issues of Homelessness, Addiction, and Criminality

b). Organize and activate to be a viable and visible template for positive Neighborhood Association influence in the community

c). Be an “always on” resource for residents to be comprehensively and non-politically informed of issues and initiatives that impact them as members of the neighborhood and residents of Albuquerque

AN AGENDA NEEDED TO AMPLIFY ENGAGEMENT

[A Neighorhood Association] Agenda [Is Needed] to Amplify Internal Engagement [And] External Influence.  [The agenda would]:

• Maximize the “voice” – form or extend Associations to embrace the full community within their boundaries
  1. Leverage the experience and model of existing effective NA’s in Albuquerque
• Activate neighborhood association websites as a primary platform for residents to be kept aware continually of issues, actions, events, options, and resources.
  1. Reflect neighborhood unique positives and potential
  2. Objective reporting of issues of concern
  3. Offer free advertising/endorsement of “good” local businesses to the neighborhood community
  4. Incorporate a neighborhood “Angi’s List”-like endorsement of businesses and services based in the neighborhood and/or with which neighbors have had great experience.
• Establish a social media account (ie. Facebook) exclusive to neighborhood residents where incidents, issues and events can be reported and discussed in real time. Moderate & manage it with the care and responsiveness of a good corporate customer support center.
• Fully connect the neighborhood via the Neighborhood Association with APD Crime Prevention and reporting programs like Neighborhood Watch or Neighborhood Patrol
  1. Use as the “official conduit” for reporting and logging contacts to public safety (ie. Police, ACS, Fire Dept.) authorities
  2. Coordinate dissemination of “public safety/security” information to residents (via website, social media, email)
     1. Incident reports
     2. Compile and share a database of incidents experienced by residents
• [Make] home security measures recommendations and endorsements

• Engage with the District Neighborhood Association Coalition to keep it aware of neighborhood priorities and initiatives and to learn from adjacent N.A.’s.
• Reach out to community focused media to generate awareness of Neighborhood rights and violations thereof
  1. TV news
  2. Radio news
  3. Newspapers & newsletters
  4. Blogs
  5. Social media
• Be timely and assertive with “claims” and requests to City Council, Mayor’s Office, Police & ACS, Bernalillo County, Attorney General’s Office etc. on issues of concern to the Neighborhood
• Connect and engage with organizations and coalitions beyond the District (ICC, StrongTownsABQ, NMCEH, etc.) which are actively working on the street homelessness problem.
• Advocacy / voter mobilization for non-ideological common sense local government ordinances and initiatives.
• Support neighborhood residents with “neighborly information kits” and sharing of resources to maximize security, residential quality of life, and property values
  1. Camera systems, security doors, alarm systems etc.
  2. Energy efficiency
  3. Experiences with green transitioning (solar panels, heat pumps, appliances, etc.)
  4. Landscaping / tree pruning etc.
  5. Volunteers available for ride sharing (for medical, voting etc.)
  6. Assistance for elderly or infirm (heaving lifting, weeding/yard work etc.)
  7. Emergency & community support contacts

The time to start was actually quite a while ago, before so many of our streets became blighted and so many of our small businesses were driven under, when driving Central Avenue still conveyed a sense of travelling along historic Route 66. 

It’s not too late. Coordinating effort and direction among the very large number of passionate, gifted and actively committed people who are “on the case”, like those I have encountered so far in my journey down the “rabbit hole”, to protect, polish, and restore all the pieces in Albuquerque’s extraordinary mosaic is an effort the city needs and deserves.  We should remind ourselves and each other that each piece of that mosaic is a Neighborhood with a voice that must matter.

POSTSCRIPT

Links to two blog articles of interest

A Brief History of Downtown Albuquerque: 1952 to 2019

https://www.petedinelli.com/2019/03/29/a-brief-history-of-downtown-albuquerque-1952-to-2019/

A Brief History of Uptown Albuquerque: 1952 to 2019

https://www.petedinelli.com/2019/04/23/a-brief-history-of-abq-uptown-1952-to-2019/

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

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