School Contracts Reverberate with Political Taint
Transcription
School Contracts Reverberate with Political Taint
Volume 58, Number 17 Española, New Mexico 87532 Thursday, January 22, 2015 38 pages, 4 sections 50 cents Judge Denies Rodella New Trial Courthouse Raid By Wheeler Cowperthwaite SUN Staff Writer Former sheriff Tommy Rodella will not be getting a new trial anytime soon after a federal district judge denied his motion. Rodella is set to be sentenced at 9 a.m. Wednesday (1/21) in Albuquerque. He faces a maximum of 17 years in prison and a minimum of seven years. District Judge James Browning denied the motion Tuesday afternoon that Rodella’s lawyer, Robert Gorence, filed Jan. 15, three days after he received a report from a doctor he contracted to review the case. Browning set the motion for a hearing on Jan. 16. In court, Gorence argued that the motion hearing should be continued because two of the three witnesses he wanted to call were unavailable because of the three days notice, compounded by Monday’s federal holiday, Martin Luther King Jr. Day. This lack of time violated Rodella’s rights to due process, Gorence said, his voice rising in volume. Gorence characterized prosecutor Tara Neda’s use of Rodella Jr.’s medical records as “dirty conviction.” Her arguments against allowing the judge to continue the hearing so Gorence could get his witnesses ready was her attempt at sweeping that conviction toward its end, a “lynching.” “I’m sorry if I’m a little angry,” Gorence said. He said he feels like Rodella is being railroaded. Gorence sought the new trial on the grounds that Neda misused medical records to distort the credibility and testimony of Rodella's son, Thomas Rodella Jr., an eyewitness. Gorence said in court he was unable to contact Dr. Samuel Roll to testify and getting Rodella Jr.’s psychiatrist to testify would require a lengthy subpoena process. Gorence requested the motion for a new trial be heard because Neda used 417 pages of Rodella’s son’s medical records to make it appear as though the latter is borderline psychotic and a wholly uncredible witness. Gorence only received those pages with a single lunch hour to prepare any kind of rebuttal, he wrote in the motion. Browning read from a prepared statement when he denied Gorence’s motion. He said the evidence Gorence wanted to present was not evidence, but rather, material to repair the credibility of Rodella Jr. as a witness. Even if Gorence had been able to rebut Neda’s alleged misuse of medical records during the trial, Rodella Jr. still had great credibility issues as a witness. Therefore, SUN Staff Writer Five days after he filed a grievance against the Española Police Department for a hostile work environment, Det. Cpl. Solomon Romero was put on administrate leave pending the outcome of an internal affairs investigation into two criminal charges and Department violations. Police Chief Richard Gallegos directed Sgt. Jeff Martinez to open the investigation Jan. 14. He had Martinez take Romero’s badge, gun, key card, vehicle and lock him out of his office, Department communications state. The opening of the investigation comes four months after the issue being investigated was first brought to Gallegos’s attention and 20 days after a formal complaint was filed. Romero appealed the internal See 'Former' on page A3 affairs investigation on Jan. 15 in a grievance addressed to City Manager Kelly Duran. In that letter, he listed a series of problems with the internal affairs investigation and how it looked a lot like retaliation. The delay between the opening of the investigation and the time the complaint was filed, 20 days, was directly against departmental policy on internal affairs investigations, Romero wrote. Candidates Face off at Forum (SUN Filefoto) Reies Lopez Tijerina (left) speaks to some of his followers in this 1987 photo. Courthouse raid participant and Rio Arriba County Clerk Moises Morales is at right. Officer Files Grievance, Claims Retaliation By Wheeler Cowperthwaite Leader Dead at 88 Departmental policy on internal affairs investigations states all formal complaints to be investigated must be brought to the attention of the chief, via a memo, within one day of the receipt of the complaint, not 20 days later. Romero is being investigated for $170 in missing cash left with a suicide note, written on a bank envelope, found at the scene of a See 'Officer' on page A5 By Robert Trapp SUN Publisher The infamous leader of the June 5, 1967 Tierra Amarilla courthouse raid died Monday in El Paso, Texas at age 88. Reies Lopez Tijerina found national notoriety following the only assault on a United States courthouse in history. It gave him the stage to further rally the cause of the Alianza Federal de Los Mercedes, a group he founded in 1963, whose goal was to regain Spanish land grants in New Mexico. The afternoon raid of the courthouse resulted in State Police Officer Nick Sais and Rio Arriba County jailer Eugelio Salazar being wounded. Sais was shot in the arm and chest at close range, resulting in several surgeries and a much shorter arm. Salazar was shot in the jaw and was ultimately beaten to death 11 months later and left in his car on El Vado road. His absence at Tijerina’s trial forced the district attorney to drop many of the charges against Tijerina. Then district attorney Alfonso Sanchez was the target of the See 'Iconic' on page A2 C elebrating MLK J r . By Ardee Napolitano SUN Staff Writer Supporting and retaining teachers, students and staff became the hot topic of the first Española School Board forum of this election season. District 5 candidate Ruben Archuleta and incumbent Andrew Chavez participated in the event at the Alcalde Community Center, organized by the Alcalde Neighborhood Watch. Renee Martinez, the third District 5 School Board hopeful, did not show up because of prior commitments. Aware of his arena, Chavez opened by touting the newly built Alcalde Elementary as a “state-of-the-art” facility and taking pride in his trips to Washington, D.C. to coordinate with lawmakers about the construction. Chavez, who’s running for his third term on the Board, said his main priority, if re-elected, is the District’s finances. “The challenges that face this (SUNfoto by Ardee Napolitano) Española School Board District 5 candidate Ruben Archuleta (left) debates with incumbent Andrew Chavez at a forum, Monday at the Alcalde Community Center, organized by Alcalde Neighborhood Watch. The two answered moderators’ and audience members’ questions, focusing mostly on how to support and retain the District’s faculty, students and staff. School Board are always financial challenges,” he said. “It’s always easy to trash out candidates. It’s a tough deal. You can look in all you want from the outside, but it’s not the same in. This is the second of a three-part series covering the many facets of former Española School District facilities supervisor Mark Chavez’s wrongful termination suit brought against the Española School District. Last week’s story covered how a contractor landed the job to build Fairview Elementary School. This week looks at several Española businesses whom Chavez claims were given preferential treatment in obtaining contract jobs from the District. under a sealed agreement for $65,000, excluding attorney’s fees. Mark Chavez’s attorneys Daniel Yohalem, Richard Rosenstock and Katherine Murray filed a motion in U.S. District Court Dec. 26, 2014 seeking $339,024.93 in fees, taxes and costs. Chavez’s lawsuit claimed Española Board members and administrators have a history of extending job offers, work contracts and other favors to friends and political allies. One such ally was Española City Councilor Peggy Martinez. The 78-count complaint alleges this pattern includes a contract Board members awarded to See 'Forum' on page A2 (SUNfoto by Ardee Napolitano) Española resident Willie Williams (right) grabs some chocolate chip cookies along with parish member Carol Owen after the St. Stephen Episcopal Church’s annual Martin Luther King Jr. Day celebration Monday morning. An activist from Omaha, Neb., Williams said she was glad to find out about the event. When organizers read King’s “I Have a Dream” speech in Spanish and Tewa during the ceremony, Williams cried, she said. School Contracts Reverberate with Political Taint By Robert Trapp SUN Publisher The settlement of the lawsuit brought by former District facilities manager Mark Chavez in October 2013 against the Espa- ñola School Board brought to light deposition transcripts of several past and present Board members, as well as employees in the District. The case, filed in federal district court, settled Nov. 17, 2014 SMPC Architects, a construction design firm based out of Albuquerque, to design and build the new Fairview Elementary. Several depositions of former and current District Board members reveal Martinez is friends with SMPC architect John Padilla’s wife. Padilla is alleged to have taken several Board members to expensive dinners and to play golf, prior to the company receiving the bid to build the new Fairview Elementary School. Working contacts During Rosenstock’s deposition of former board member Floyd Archuleta he introduced an email from Padilla to Jason Holubiak, another SMPC employee. The email highlights Padilla’s conversation with Floyd Archuleta and how he would “review the process” for choosing the contractor to build Fairview Elementary. Halfway through the email he brings Martinez into the situation. “BTW (by the way) I mentioned the library RFP with the city (of Española) and he stated that he would discuss it with the two candidates that we supported and who are now on the city council and mention we are very interested in responding to that RFP and that we are very well qualified for that project. He’ll be following up with them on Monday on that item,” the email states. Rosenstock tries to get board member Pablo Lujan to admit that Floyd Archuleta was “carrying water for SMPC,” but Lujan tells Rosenstock to “ask Floyd.” The “two candidates that we supported” are not named. Padilla continues in the email: “Also, earlier today my wife got a call from her friend in Española, Peggy Sue Martinez, who was also just elected to the EspaSee 'Some' on page A4