Father and other family members are convicted in New Mexico kidnapping and terrorism case — Susan Montoya Bryan, Associated Press
Jurors on Tuesday convicted a father of terrorism charges in a case that stemmed from the search for a 3-year-old boy who went missing from Georgia and was found dead hundreds of miles away at a squalid compound in northern New Mexico in 2018.
Prosecutors told jurors that the boy's father, Siraj Ibn Wahhaj, and other members of his family had fled with the toddler to a remote stretch of the high desert so they could engage in firearms and tactical training to prepare for attacks against the government. It was all tied to an apparent belief that the boy would be resurrected as Jesus Christ and provide instructions.
Jurors reached their decision after deliberating for two-and-a-half days.
In a case that took years to get to trial, jurors heard weeks of testimony from children who had lived with their parents at the compound, other family members, firearms experts, doctors and forensic technicians. The defendants, who are Muslim, argued that federal authorities targeted them because of their religion.
Wahhaj's brother-in-law also was convicted of terrorism charges, conspiracy to commit kidnapping, and kidnapping that resulted in the boy's death. Wahhaj's sisters were convicted on the kidnapping charges.
The badly decomposed remains of the boy were eventually found in an underground tunnel at the compound on the outskirts of Amalia near the Colorado state line.
An exact cause of death was never determined amid accusations that the boy, who lived with severe developmental disabilities and frequent seizures, had been deprived of crucial medication.
Prosecutor George Kraehe said during closing arguments last Thursday that the boy — Abdul-Ghani Wahhaj — was at the heart of the case and he urged everyone in the courtroom to remember the toddler's name. He repeated it while turning to look at the defendants as the boy's mother, Hakima Ramzi rushed from the courtroom in tears.
Prosecutors recounted the hurried journey the four defendants and their children took from Georgia to Alabama and eventually New Mexico. They left nearly everything behind, including other family members who sent numerous texts, emails and social media messages pleading with them to bring the boy home.
"They were running and hiding because they knew what they had done was wrong," Kraehe told jurors.
Siraj Ibn Wahhaj's partner — Jany Leveille, a Haitian national — was initially charged with kidnapping and terrorism-related charges, but instead reached a plea agreement on weapons charges. She did not appear at the trial.
Prosecutors argued Leveille was charting the group's course based on messages that she received from God, detailed in passages in a journal.
Siraj Ibn Wahhaj represented himself in court. He told jurors that the federal government was presenting a false narrative and that they needed to consider only the facts as they deliberated his fate and that of his two sisters and his brother-in-law.
"The government portrayed me to look like a monster," he said, explaining that his family was close-knit and they were trying to protect his son from evil spirits. He said they used a ritual known as ruqyah in which passages from the Quran are recited.
He told jurors it was one thing to be able to defend one's self from a physical attack, but that a spiritual attack — which he believed was happening to his son — required prayer.
Defense attorneys for Hujrah and Subhanah Wahhaj told jurors that they played no role in the boy's death and were only at the compound to care for their own children as they endured inhospitable conditions that included cold temperatures and harsh winds. They talked about how one of the women searched the internet to find information on trapping squirrels and birds, so the family could eat more.
Prosecutors argued that the women were part of what they described as a "sick end-of-times scheme" that evolved after the boy's death, and that they had "an avalanche of evidence" against all four defendants.
The defendants adopted what prosecutors called "a number of unique beliefs that set them on a dangerous path."
A sentencing date has yet to be scheduled.
According to prosecutors, the charges related to kidnapping resulting in death carry a mandatory life sentence. The charges of providing support in preparation for terrorist attacks on U.S. government officials and employees are punishable by up to 15 years in prison, while the charge of conspiracy to kill a government officer or employee carries a maximum sentence of life in prison.
LFC: NM agency withheld certain settlements from the public — KUNM News, Source New Mexico
In 2022 New Mexico paid $1.5 million to settle a lawsuit against the Children Youth and Families Department over allegations that a brother and sister were severely abused while in foster care.
Daniel Prokop with source New Mexico reports the state never publicly disclosed in its Sunshine Portal how the case ended, or the amount paid to the minors. Lawmakers learned this is a pattern practiced by the New Mexico Risk Management Division that “routinely omits” settlements involving minors or disabled adults from public view.
The Risk Management Division – part of the wide-ranging General Services Department – manages the state’s liability insurance and any payouts, whether court-ordered or through settlement.
The 2022 case was one of three examples from the same year that Risk Management did not disclose settlements involving CYFD on the state’s transparency website, according to a report by the Legislative Finance Committee. Those three settlements total nearly $2.9 million in taxpayer dollars.
LFC Program Evaluation Manager Micaela Fischer, an author of the report, told lawmakers in a Sept. 29 meeting she only included three examples but said there are “many more out there.”
The 39-page report also highlighted financial concerns, namely that the state will see higher costs because New Mexico’s risk policies are not prepared to cover nor prevent increasingly large liability settlements.
There are also concerns that state agencies are responsible for much of the loss prevention, even as the Risk Management Division bears the costs.
High-dollar settlements out of public view
The report also noted that unlike other states, New Mexico gives the Risk Management Division sole authority to approve all settlements, for any amount.
Along with the $1.5 million settled on the foster care abuse case in 2022, the state paid a $985,000 settlement to two brothers who said they were sexually abused in their Bernalillo County foster home in 2020.
Finally, the state paid out $400,000 to the estate of a two-year-old foster child who was returned to his mother and died from abuse-related injuries, according to the LFC report.
These three settlements are double the $1.4 million New Mexico’s Children Youth and Families Department paid out in settlements listed on the Sunshine Portal for the past three years, according to a Source NM analysis of the transparency website.
Fischer said keeping some settlements out of public view limits accountability for agencies’ spending of public money.
“There’s a strong incentive for loss prevention, mitigation that agencies feel when settlements are going to end up in the newspaper and that incentive is lost if settlements stay buried,” Fischer said.
She further noted that Risk Management had not submitted a report to the legislature on settlement payments, which is required by state law. The agency said in the report that it would provide a report starting in the winter of 2023.
In the same meeting, Secretary Robert Doucette – who heads both the General Services Department and the New Mexico Workers Compensation Administration – said the Risk Management does not publish certain settlements.
“In an instance where there is concern for the safety of children or the disabled, we have not put that information onto the portal,” he said.
Doucette’s remarks did not mention redaction, or the use of initials, which are two common practices used by courts to keep the identities of children and disabled people private in public documents.
Doucette told lawmakers that while there is no legal requirement to publish on the Sunshine Portal, the agency has an internal policy to publish recent settlements on the 1st and 15th of each month.
He said there were cases of “staff shortages and technical glitches,” that prevented publication.
“If we don’t make that first or fifteenth, I’m aware of what happened and why it happened,” Doucette said. “We haven’t had many of those going forward.”
In a further email, interim spokesperson Rod Crawley said the legislature can request to know if children or disabled people receive a settlement.
He said if Risk Management posted settlement details it would “draw attention to the fact that an especially vulnerable claimant has received a settlement.”
Crawley also said the agency could not redact details on a settlement if it were to be asked for through an Inspection of Public Records Request.
“Therefore, the best protection (Risk Management Division) can provide to an especially vulnerable claimant, is to not broadcast the fact that they have received a settlement,” he said.
Crawley did not answer questions about the scope of how many settlements are withheld based on the settlements including children and disabled people, and why redaction or other methods to protect vulnerable identities are not sufficient to release these documents publicly.
Source NM previously published that the agency was failing to update the Sunshine Portal, and that current state law would have to change if the state wants more transparency.
No one from the agency has granted any interviews to Source NM.
No questions from lawmakers
No lawmaker on the interim committee asked any questions regarding the lawsuits left out of public view.
Instead, lawmakers focused on predicting the future financial impact of lawsuits brought against the state, filling a key position in the agency or asking if Doucette had met with the governor’s office about bringing changes to the transparency law in the next session.
Other issues
More frequent and expensive claims are eroding the fund, the report found.
Open civil claims are going to eventually cost the state $47 million, Fischer said – even as there’s only $43 million currently available in the fund.
“It needs to cover not only all those civil rights claims, but also any other liabilities – auto liabilities, general claims, medical malpractice,” Fischer said. “So, it’s not great.”
Under the current laws, the agency has a limit on how much it can raise insurance premiums for agencies – even as there’s no limit for how much a settlement can cost. That premium increase is wrapped up in the budget-making process and enacted two years down the line.
The report asked lawmakers to consider capping how much the Risk Management Division can offer for adverse settlements. This would mean agencies making the settlement’s would pay above that number from their budgets.
Another recommendation would be requiring additional approval from the legislature or attorney general for settlements above $500,000.
Finally, the report asked the legislature to create a law to require agencies to investigate and report significant losses of property.
Internally, the report recommended the Risk Management Division report quarterly all claims over $25,000.
It asks the division to monitor and report on what other agencies are doing to control losses in their yearly report and determine if certain departments and topics are “at higher risk for employee claims,” and offer preventative training.
Doucette said the agency agreed “with the vast majority of the recommendations.”
New Mexico governor: state agencies must switch to all-electric vehicle fleet by the year 2035 — Associated Press
New Mexico Gov. Michelle Lujan Grisham signed an executive order Monday directing state agencies to switch to an all-electric vehicle fleet within the next 12 years.
Lujan Grisham also said she intends to pursue tax credits for electric vehicles during the upcoming legislative session.
The Democratic governor made the announcement Monday during her Symposium on the Future of Transportation in New Mexico.
"The fact of the matter is that consumers and dealers want better access to electric vehicles, and the actions we've taken through Clean Car rules and now tax credits are leveling the playing field," Lujan Grisham said. "I also took action today to make sure the state is 'walking the walk' when it comes to widely adopting low- and zero-emission vehicles by requiring the state fleet to be zero-emission by 2035."
The proposed tax credits would apply to new and used electric vehicles to help meet climate goals.
Lujan Grisham's order directs departments to purchase zero-emission vehicles for all new acquisitions where one or more options are available.
Exceptions to the order include law enforcement vehicles, firefighting trucks and some other heavy-duty vehicles.
Prosecutors seeking to recharge Alec Baldwin in fatal shooting on set of Western movie 'Rust' — Associated Press
Special prosecutors are seeking to recharge actor Alec Baldwin in the fatal shooting of a cinematographer on the set of a Western movie in 2021, describing Tuesday their preparations to present new information to a grand jury.
New Mexico-based prosecutors Kari Morrissey and Jason Lewis said they'll present their case to the grand jury within the next two months, noting "additional facts" have come to light in the shooting on the set of the film "Rust" that killed Halyna Hutchins.
Baldwin, a coproducer of the film, was pointing a gun at Hutchins during a rehearsal inside a rustic chapel on a movie-set ranch near Santa Fe when the gun went off on Oct. 21, 2021, killing the cinematographer and wounding director Joel Souza.
"After extensive investigation over the past several months, additional facts have come to light that we believe show Mr. Baldwin has criminal culpability in the death of Halyna Hutchins and the shooting of Joel Souza," Morrissey and Lewis said in an email. "We believe the appropriate course of action is to permit a panel of New Mexico citizens to determine from here whether Mr. Baldwin should be held over for criminal trial."
They declined to elaborate on the additional information they may present to the grand jury.
Baldwin has said he pulled back the hammer — but not the trigger — and the gun fired.
Attorneys for Baldwin said the latest move by prosecutors is misguided.
"It is unfortunate that a terrible tragedy has been turned into this misguided prosecution. We will answer any charges in court," Luke Nikas and Alex Spiro said in an email.
Special prosecutors initially dismissed an involuntary manslaughter charge against Baldwin in April, saying they were informed the gun might have been modified before the shooting and malfunctioned. They later pivoted and began weighing whether to refile a charge against Baldwin after receiving a new analysis of the gun.
The recent gun analysis from experts in ballistics and forensic testing based in Arizona and New Mexico relied on replacement parts to reassemble the gun fired by Baldwin — after parts of the pistol were broken during earlier testing by the FBI. The report examined the gun and markings it left on a spent cartridge to conclude that the trigger had to have been pulled or depressed.
The analysis led by Lucien Haag of Forensic Science Services in Arizona stated that although Baldwin repeatedly denies pulling the trigger, "given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver."
An earlier FBI report on the agency's analysis of the gun found that, as is common with firearms of that design, it could go off without pulling the trigger if force was applied to an uncocked hammer — such as by dropping the weapon.
The only way the testers could get it to fire was by striking the gun with a mallet while the hammer was down and resting on the cartridge, or by pulling the trigger while it was fully cocked. The gun eventually broke during testing.
Authorities have not specified exactly how live ammunition found its way on set and into the .45-caliber revolver made by an Italian company that specializes in 19th century reproductions.
The weapons supervisor on the movie set, Hannah Gutierrez-Reed, has pleaded not guilty to involuntary manslaughter and evidence tampering in the case. Her trial is scheduled to begin in February.
In March, "Rust" assistant director and safety coordinator David Halls pleaded no contest to unsafe handling of a firearm and received a suspended sentence of six months of probation. He agreed to cooperate in the investigation of the shooting.
In the revived case against Baldwin, first reported by NBC News, a grand jury would "determine whether probable cause exists to bind Baldwin over on criminal charges," special prosecutors said.
Neama Rahmani, a former federal prosecutor who provides legal commentary as head of West Coast Trial Lawyers in Los Angeles, said prosecutors reserved the right to reopen the case by dismissing charges "without prejudice," and that he'd be surprised if a grand jury didn't return an indictment.
Unlike a jury trial in which guilt must be proved "beyond a reasonable doubt," the standard on possible charges before a grand jury is a lower "probable cause" finding, Rahmani said.
"It's just a one-sided presentation by prosecutors," he said.
The 2021 shooting resulted in a series of civil lawsuits centered on accusations that the defendants were lax with safety standards. The cases have included wrongful death claims filed by members of Hutchins' family. Baldwin and other defendants have disputed the accusations that they were lax with safety standards.
The company Rust Movie Productions has paid a $100,000 fine to state workplace safety regulators following a scathing narrative of safety failures in violation of standard industry protocols, including testimony that production managers took limited or no action to address two misfires on set before the fatal shooting.
The filming of "Rust" resumed this year in Montana, under an agreement with the cinematographer's widower, Matthew Hutchins, that made him an executive producer.
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AP Entertainment Writer Andrew Dalton contributed from Los Angeles and Susan Montoya Bryan in Albuquerque, New Mexico, contributed to this report.
Isotopes sold to Diamond Baseball Holdings, will remain in Albuquerque — KUNM News, Albuquerque Journal
The Albuquerque Isotopes have a new owner, but there’s no plans for any big changes when handing over the reins.
The Albuquerque Journal reports Diamond Baseball Holdings will be taking over the team pending MLB approval of the deal.
DBH executives said they plan to continue operating the Isotopes with a commitment to the community of Albuquerque in mind, and that General manager John Traub and the office staff will all remain in place.
Ken Young, current president and owner, will stay with the club as an advisor.
Young and Mike Koldyke led an ownership group that brought baseball back to the Duke City in 2003 when the Calgary Cannons moved here and became the Isotopes, after an Albuquerque Tribune poll asking residents to pick a name.
Sipapu, Pajarito owners take over operations of Sandia Peak Ski Area — KUNM News, Santa Fe New Mexican
A joint venture will breathe new life into the Sandia Peak Ski Area, which has plans to open this winter for the first time in years.
The Santa Fe New Mexican reports Mountain Capital Partners and Sandia Peak Ski Co. will split ownership 50/50 , but MCP will take over all operations.
The ski area has been shuttered because of staffing issues and poor snowfall, but Scott Leigh, who will head the operation at Sandia for MCP, said the company is already planning on repairing neglected chair lifts and bringing on more staff.
MCP already owns 13 other ski, bike, and golf resorts around the southwest including Sipapu and Pajartito here in New Mexico.
General Manager Ben Abruzzo’s family had owned the ski area since the late 50s, but he said that complications became too much, and he sought out MCP as a solution.
Abruzzo said the company is better positioned to give the ski area the attention and energy it deserves, and Leigh said they are happy to accept the challenge.
New Mexico leaders create nonprofit to steward funding for federal government climate initiatives — KUNM News, Source New Mexico
Gov. Michelle Lujan Grisham announced the formation of a nonprofit to help New Mexico get millions in federal dollars to invest in renewable and sustainable programs that could boost a gap the state has shown in receiving federal grants.
The New Mexico Climate Investment Center, otherwise known as the NMCIC, could assist as a facilitator between legislative bodies, private companies, community groups and other nonprofits to help the state get some of the billions in federal investments on areas focused on climate change initiatives, Lujan Grisham said.
She also stated the group will utilize legislative committees to seek out voices from “tribal, rural and individuals who are in general left out of these conversations.”
Lujan Grisham made the announcement on Oct. 13 while standing at a speaker podium in front of multiple energy improving technologies such as solar panels, a charging station for electric vehicles and a split cooling system demonstration.
Sen. Mimi Stewart (D-Albuquerque) said the Inflation Reduction Act made the state realize that it needed to find grant writers to help procure funding for local and state governments.
She said now that applications for funding are in, the state could receive money for “solar, for wind,” which she said is necessary given the upcoming short 30-day legislative session in New Mexico.
Sen. Peter Wirth (D-Santa Fe) said the new nonprofit is a partnership between public entities and private businesses that can be a “critical financing tool when it comes to renewables, and making renewables more accessible to big projects, medium projects, and small projects is what this center will provide.”
He said speedy recovery is necessary because federal dollars from the infrastructure act will only last until the end of 2024.
Nonprofit could expedite federal dollars impact
Lujan Grisham stated that New Mexicans are eager for problems to be addressed as fast as possible. She said that the investment center will make it easier and quicker to address community energy needs if it receives federal funding.
Beth Bayloff, from The Coalition for Sustainable Communities in New Mexico said that she is excited about the development of the NMCIC because along with her coalition it can position New Mexico in federally funded climate initiatives as a “leading participant.”
She said that while the NMCIC is termed a “green bank,” it is not a commercial bank, and that the funds should provide solar lease programming, community solar initiatives and electrification for smaller businesses.
“It operates as an investment fund for green energy investments,” Bayloff said.
She said that it is urgent to invest in renewables because many New Mexicans spend over 15% of their income on energy, compared to the national average of 2%.
According to Bayloff, NMCIC will give more than half of the monies requested for low-income and marginalized groups.
Bayloff asserted that in addition to implementation of climate programming, the organization will offer training to community groups to learn how to use new technologies.
She echoed the governor’s statement that her project’s primary mission is to “act as a catalyst between private and public financing.
A major goal for the NMCIC will be to give the majority of New Mexicans access to renewable energy like solar and updated electric technology, Lujan Grisham said.
“What will solar do if most New Mexicans cannot afford it,” the governor asked.
There were mixed responses from the committee when asked about how the new nonprofit will approach hydrogen hubs and how the NMCIC will include grassroots frontline organizers moving forward.
One member supporting the NMCIC said that there would absolutely be an effort to have community organizers at the table to discuss the transition.
Lujan Grisham reiterated that she strongly supports hydrogen development in New Mexico along with other states nationwide, despite concerns about safety posted by an audience member at the conference.
She responded that the Navajo Nation is a primary player in new hydrogen technologies, because it allows for rural agricultural development in what she termed “advanced energy sources.”
Lujan Grisham said that “with the incredible work that we did in solar and wind,” there is still more to be done, arguing “we need to move away from carbon-intense fuels, oil and gas, and move into a better future, but there’s a transition there.”
Protesters left hopeful
Protesters, including people that participated in Climate Week actions in Albuquerque and New York City, stood outside the governor’s press conference with a sign that read “No False Solutions”.
One person from the group that said they are from a tribal community told Lujan Grisham they do not support hydrogen development in the state stating “If we’re not at the table, then basically we are on the menu, and we don’t want to be the guinea pigs again.”
Lujan Grisham responded that “we’re going to disagree about transitions, but New Mexicans are strong, resilient, and we can disagree and learn.” Even though she said there can be unintended consequences regarding hydrogen technology, she stated that “we have got all the right geology.”
Sofia Jenkins-Nieto, one of the protesters, said she wants to know how the governor will include youth voices on the NMCIC during its decision making.
“As young people, we are kind of getting pushed to the back of these conversations,” Jenkins-Nieto said.
She was surprised and relieved to hear the governor address the call from climate organizers to decrease the state’s reliance on oil and natural gas.
“That is, bottom line, what we need to do,” she said. “After hearing a lot of the information today we are feeling kind of hopeful.”
Settlement over Trump family separations at the border limits future separations for 8 years — Rebecca Santana, Elliot Spagat, Associated Press
The federal government would be barred from immigration policies that separate parents from children for eight years under a proposed court settlement announced Monday that also provides families that were split under the Trump administration with temporary legal status and short-term housing aid.
The settlement between the Biden administration and the American Civil Liberties Union, if approved by a judge, would at least temporarily prohibit the type of "zero-tolerance" policy on illegal immigration under which former President Donald Trump separated thousands of families at the border with Mexico.
"It is our intent to do whatever we can to make sure that the cruelty of the past is not repeated in the future. We set forth procedures through this settlement agreement to advance that effort," Homeland Security Secretary Alejandro Mayorkas told The Associated Press.
Trump, the front-runner for the Republican presidential nomination, hasn't ruled out reviving the highly controversial tactic at the southern border if he wins next year's election.
His administration separated children from their parents or guardians they were traveling with as it moved to criminally prosecute people for illegally crossing the border. The children, who could not be held in criminal custody, were transferred to the Department of Health and Human Services and then typically sent to live with a sponsor, often a relative or someone else with a family connection.
Faulty tracking systems caused many to be apart for an extended time or never reunited with their parents. Facing strong opposition, Trump eventually reversed course in 2018, days before U.S. District Judge Dana Sabraw in San Diego halted the practice and ordered immediate reunification in the lawsuit brought by the ACLU.
During a CNN town hall in May, Trump was noncommittal on whether he would again separate families if elected. "When you say to a family that if you come we're going to break you up, they don't come," he said when pressed.
Lee Gelernt, lead counsel for the ACLU, said the ban on any future attempts to separate families as a deterrent to illegal immigration was crucial.
"This settlement means that babies and toddlers will finally get to see their parents after years apart and that these suffering families will have an opportunity to seek lawful status," he said. "Nothing can make these families whole again but this is at least a start."
Under the settlement, it would still be possible to separate children from parents or guardians, but under limited scenarios, as has been the case for many years. They include if the child is being abused or the parent committed a much more serious crime than crossing the border illegally.
President Joe Biden issued an executive order on his first day in office to reunite families. According to figures released by the Department of Homeland Security in February, 3,881 children were separated from their families from 2017 to 2021. About 74% of those have been reunited with their families: 2,176 before a Biden administration task force was created and 689 afterward.
Hundreds of families sued the federal government, seeking both monetary damages and policy changes.
In 2021, the government was discussing a possible payment of hundreds of thousands of dollars to each parent and child separated under Trump's policies but talks stalled on that point.
But the proposed settlement provides key benefits including authorization for parents of separated children to come to the U.S. under humanitarian parole for three years and work in the United States. The families receive housing aid for up to a year and medical and behavioral health benefits designed to address some of the trauma associated with the separations.
Mayorkas described how he'd met with a woman who had been separated from her daughter and how after they had been reunited, her daughter still struggled with the experience.
"We need to help these families heal. And that is an obligation that we carry because of the pain that we inflicted upon them," he said.
Attorney General Merrick Garland said the practice of separating families was "shameful" and that the proposed settlement will provide those affected with critical support to recover.
They'll also get access to legal services which will be vital as they may file asylum applications to stay in the United States on a permanent basis. The settlement also waives the usual one-year timeline limiting when someone can apply for asylum, and the parents can apply even if they were previously denied. A special team of supervisors will review their cases.
Some of these benefits were already available to families under a Biden-administration created task force designed to reunite separated families. But Gelernt said the settlement goes beyond the task force's purview in key ways such as the asylum assistance.
The settlement requires the government to keep detailed documentation when it separates children from parents so as to avoid the chaos that erupted during the Trump-era family separations where parents and children could not be quickly reunited.
Now that the government and the ACLU have agreed on a settlement plan, the judge will hold a hearing to decide whether to accept it. Before that, people opposed to the settlement can raise objections to the judge.
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Santana reported from Washington.