Chemical spill prompts warning from NMHealth — Daniel Montaño, KUNM News
In response to a death following a chemical spill, NMHealth, formerly the Department of Health, issued a warning Thursday to New Mexico workers to be aware of chemical and exposure hazards in the workplace.
The department is also looking into the chemical spill at New Mexico Highlands University in Las Vegas that occurred on Sept 3, according to the release.
Leaders from NMHealth are working in collaboration with the New Mexico Environment Department and the Higher Education Department on the investigation.
The Las Vegas Optic reports Martin Lujan, a janitor who worked in the building where the spill occurred, passed away on Sept 14. The cause of death has not yet been established, however, which will be revealed with the release of a toxicology report.
Highlands announced the chemical spill has been completely cleaned and contained at this point. It was initially discovered because of a strong smell.
After a faculty member removed the offending specimens and chemicals, a janitorial team was assigned to mop up the remaining chemicals.
They were forced to stop because the odor was too much for them to handle.
Santa Fe City Council delays vote on the fate of controversial monument - By Austin Fisher, Source New Mexico
Santa Fe’s local elected officials on Wednesday night declined to make a final decision about what to do with the controversial Soldier’s Monument, known as the obelisk.
With such sharp division among the community members in attendance and an ongoing court battle over the obelisk’s fate, the Santa Fe City Council voted to postpone any final decision until their next meeting on Oct. 30.
During the wave of social unrest in 2020, demonstrators tore the obelisk down with rope, and argued it represents a celebration of the destruction and subjugation of Native people. The monument’s base remains in place, covered by a wooden box, some plants and a sign giving context about it for curious visitors and locals. The damaged upper sections of the monument are being held in storage, though their location is a closely guarded secret.
Mayor Alan Webber and the Council’s eight other voting members could not reach an agreement after an hour-and-a-half of debate on a proposal by Councilor Carol Romero-Wirth to study the possibility of moving the monument to the Santa Fe National Cemetery near Rosario Hill on the city’s north side.
“We have got to figure out a way forward,” Romero-Wirth said. “This proposal is one way, one path, that we can take to get beyond the events of 2020 when the obelisk came down.”
The first people to make public comments Wednesday night were local resident Carrie Wood (Diné), a member of the Santa Fe Indigenous Center’s board of directors, and her family. They supported Romero-Wirth’s proposal.
“I want to remind you that the Native community in and around Santa Fe are against the obelisk, and do not want it on the Plaza,” Wood told the councilors. “We have made that clear many, many times, so I’m not sure why we have to keep restating that. Our stance on this hasn’t changed.”
Moving the monument would require the city to work alongside state and federal officials to formally ask the cemetery to accept the monument. The cemetery’s director has already said it’s something they would consider, Romero-Wirth said.
“I think we all agree the statue, as is, is unacceptable,” said Webber. “The only path forward is compromise.”
Romero-Wirth said she believes the monument can be either rebuilt or moved to the cemetery, near the graves of Union soldiers who fought in the American Civil War. She said that would place the monument in a more appropriate context. When her constituents brought the idea to her in Spring 2023, she said she thought the community was too polarized to accept it.
What changed her mind, she said, was the near-fatal shooting of a climate activist later in 2023, about 23 miles north in the city of Española, at the site of another controversial monument. Demonstrators gathered in opposition to Rio Arriba County plans to resurrect a statue depicting the genocidal Spanish conquistador Juan de Oñate. It had been removed by government officials in 2020. The shooter’s trial is set to begin on Oct. 7.
In Santa Fe that year, Webber declared an emergency in June 2020, saying that continued prominent display of the obelisk and two other monuments in the city, without public debate about their appropriate treatment and context, “perpetuates systemic racism, civil unrest, and may lead to violence.”
Earlier this year, in sworn testimony in court, Webber said at the time he believed the city was facing the possibility of civil unrest, due to reports of imminent demonstrations and counter-protests at monuments.
That danger remains today, Romero-Wirth said.
“I strongly believe we can’t put the obelisk back up in the middle of the Plaza,” she said on Wednesday. “It presents a potential public safety threat. As a result, this idea seemed like something that we should pursue.”
OFFENSIVE PLAQUE HAS TO GO
Even without official action, council members appeared to reach agreement on one thing: A bronze plaque containing a racist description of Native American people has to go.
The plaque included offensive language dedicating the monument to “the heroes” who fought “savage Indians.”
The plaque was one of four placed on the obelisk’s stone base at each compass direction, paid for by New Mexico’s Territorial Legislature, before statehood.
The Soldier’s Monument was originally built to commemorate both the American soldiers who fought both in the U.S. Civil War, and wars against Indigenous tribes.
That’s according to sworn testimony in court from David Rasch, a museum collections consultant and a former historic preservation officer for the city of Santa Fe.
He was the expert witness in the ongoing civil lawsuit over the monument. Rasch was hired by the Union Protectiva de Santa Fe, a fraternal organization suing the city government to try to force the obelisk’s restoration in its original location, and whose members on Wednesday night called for the same.
The deadline for written arguments to the judge is Friday. A member of the public and a city councilor said it might not be a good idea to make a final decision on the monument before the case is resolved.
One of the city’s arguments in the case is that they haven’t violated the law at issue — because the city government hasn’t made a final decision on the matter.
“How does the lawsuit that we’re in affect any of these decisions?” asked Councilor Lee Garcia. “If we were to come up with a consensus on a direction here, and there’s a different opinion coming from our courts … I would definitely be in support of whatever decision that is, as long as it’s fair in judgment.”
U.S. Customs and Border Protection Officer sentenced to 20 months in prison – KUNM News
An officer with U.S. Customs and Border Protection at the Columbus Port of Entry has been sentenced to 20 months in prison following a lawsuit by the ACLU.
The U.S. Attorney for New Mexico said Oscar Orrantia became angry at a 63-year-old U.S. citizen, identified only as John Doe, when he complained about the heat while at the port. Orrantia pulled the man from his car and threw him into a side barrier. Doe sustained bruising to his body and head. Orrantia then handcuffed the man and took him inside.
Orrantia then filed a report with false statements. An investigation revealed a pattern of conduct by Orrantia where at least two other people made allegations of improper behavior at the Columbus Port of Entry. His disciplinary records show other instances for which he was investigated.
Orrantia was convicted by a jury in December 2023 of one count of a deprivation of a right and one count of falsification of records.
Judge prepares ruling on possible retrial of movie armorer in fatal set shooting by Alec Baldwin - By Morgan Lee Associated Press
A judge heard arguments Thursday on whether to dismiss a criminal conviction against a movie armorer in the shooting death of a cinematographer by actor Alec Baldwin and said she'll rule next week on whether to skuttle the case or order a retrial.
In a remote court hearing, an attorney for Hannah Gutierrez-Reed challenged her March conviction for involuntary manslaughter, alleging that prosecutors failed to share evidence including ammunition that might have been exculpatory in the shooting death that occurred on the set of the Western movie "Rust" in 2021.
Judge Mary Marlowe Sommer is reconsidering the armorer's felony conviction after throwing out an involuntary manslaughter case against Baldwin midtrial on similar grounds.
"This pattern of (evidence) discovery abuse occurred in Ms. Gutierrez-Reed's case in the same manner as it did in Mr. Baldwin's case," said Jason Bowles, lead defense attorney to Gutierrez-Reed.
Baldwin, the lead actor and co-producer for "Rust," was pointing a gun at cinematographer Halyna Hutchins during a rehearsal on a movie ranch outside Santa Fe in October 2021 when the revolver went off, killing Hutchins and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
Marlowe Sommer dismissed the case against Baldwin based on the withholding of evidence by police and prosecutors. The case-ending evidence was ammunition that was brought into the sheriff's office in March by a man who said it could be related to Hutchins' killing.
Prosecutors have said they deemed the ammunition unrelated and unimportant, while Baldwin's lawyers alleged that they "buried" it and filed a successful motion to dismiss the case. In her decision to dismiss the Baldwin case, Marlowe Sommer described "egregious discovery violations constituting misconduct" by law enforcement and prosecutors, as well as false testimony about physical evidence by a witness during the trial.
Special prosecutor Kari Morrissey said at Thursday's hearing that defense counsel for Gutierrez-Reed knew of the ammunition in question prior to the armorer's trial but declined to enter it into the court record or have it tested to see whether it matched live ammunition on the set of "Rust."
"Evidence wasn't deliberately hidden from Mr. Bowles, it was provided to him by his own witness. He could have had it tested at any point in time," Morrissey said. "I would respectfully ask the court to deny Mr. Bowles his motion" to dismiss the case.
Bowles said he didn't collect the ammunition himself because of concerns that it would alter the chain of custody and possibly disqualify the evidence from consideration at trail. He also asked the judge to remove Morrissey from the case in the event of a retrial and is seeking the immediate release of Gutierrez-Reed from incarceration.
Gutierrez-Reed started serving an 18-month sentence in March and has appealed the jury's guilty verdict to a state appeals court. Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set and for failing to follow basic gun safety protocols.
She was acquitted at trial of allegations she tampered with evidence in the "Rust" investigation. Gutierrez-Reed also has pleaded not guilty to a separate felony charge that she allegedly carried a gun into a bar in Santa Fe, New Mexico, where firearms are prohibited. A proposed plea agreement is awaiting court review.
Gutierrez-Reed's attorneys have also said that prosecutors failed to properly disclose portions of pretrial interviews with "Rust" ammunition supplier Seth Kenney — as well as reports by firearms expert Lucien Haag — that might have changed the outcome of the armorer's trial.
Morrissey challenged assertions that the evidence would have changed the outcome at trial. She said the interview with Kenney took place before her appointment to the case and that she was surprised to learn of the recording.
"My team was unaware of it," Morrissey said. "It was absolutely a failure. There's no question about it. I immediately provided it to Mr. Bowles."
State funding awarded to southwest New Mexico utility will bring high-speed internet to rural areas - Leah Romero, Source New Mexico
Three southwest New Mexico communities will gain access to high-speed internet next year through a multi-million dollar state grant provided to Valley Telephone Cooperative.
The state’s Office of Broadband Access and Expansion awarded more than $5.6 million to the utility company, which services parts of Arizona and southwest New Mexico below Interstate 10. Animas, Cotton City and Hachita, located in Grant and Hidalgo counties, are largely rural communities.
“This project will have a generational impact for residents in this rural corner of the state. No one should lack access to broadband, and this important connectivity is a sign of real progress,” said Drew Lovelace, acting director of the Office of Broadband Access and Expansion, in a news release.
According to the Office of Broadband Access and Expansion, the grant will fund 135 miles of fiber broadband construction to 324 homes and 101 businesses.
The grant was awarded through the department’s Connect New Mexico Fund, which has allocated more than $40 million to broadband expansion projects in areas such as Peñasco Valley, Picuris Pueblo, San Ildefonso Pueblo and Isleta Pueblo.
The office said the full project in Grant and Hidalgo counties will connect high-speed internet to 170 unserved locations and 255 underserved locations.
Heather Floyd, regulatory affairs specialist for Valley Telephone Cooperative, said the company is working to approve a contractor by the end of November, then permitting can begin. Floyd said the plan is to start construction in early January 2025.
The Office of Broadband Access and Expansion said the project could be completed by spring 2025. However, Floyd said the company’s goal is to complete the project by the end of June 2025, which is when the state’s reimbursement eligibility ends.
“Even nine months to do a project’s pushing it. Usually a project is about a year timeframe,” Floyd said.
She said the three communities are currently served by copper wiring. This will be replaced with broadband fiber, or fine glass strands, which can deliver more data.
Floyd said Rodeo, New Mexico is the other community in the company’s service area that needs to be upgraded from copper wiring. She said the construction in Rodeo is scheduled for 2027, but could possibly start sooner if the company receives funding through the Broadband Equity Access and Deployment program.
BernCo commission OKs solar bonds - Rodd Cayton, City Desk ABQ
A major economic development push by Bernalillo County commissioners Tuesday brought hundreds of new local jobs closer to being a reality.
The board unanimously agreed to issue up to $942 million in taxable industrial revenue bonds for a proposed solar cell manufacturing plant in the Mesa del Sol industrial development area.
The 834,000-square-foot Apollo plant proposed by Ebon Solar would employ 911 people, according to the county.
“This project represents the type of advanced renewable energy manufacturing I want in my district, Bernalillo County, and our state,” Commissioner Steven Michael Quezada said. “Bringing over 900 new jobs to central New Mexico is a significant win for our region.”
The company plans to make photovoltaic solar cells, which convert sunlight directly into electricity. Ebon Solar expects to break ground early in 2025 and open the plant 12 months later, county spokesperson Estevan Vásquez said. Construction will be ongoing and continue over two phases, he said, but hiring has already begun and the company is already working from an office at Mesa del Sol.
Vásquez said the New Mexico Economic Development Department will contribute $10 million in Local Economic Development Act money to the project. The City of Albuquerque, he said, has approved a $1 million contribution and will serve as the fiscal agent.
Ebon Solar, headquartered in Singapore, will be responsible for payback on the bonds the county issued. The county is also not making a loan to the company or lending its credit.
“The Ebon Solar Project Apollo not only aligns with Bernalillo County’s strategic goal of fostering economic vitality but also signifies a commitment to clean energy and job creation in the community,” Vásquez said.
NM Auditor says no evidence of misuse of $5.3M at troubled water utility - Danielle Prokop, Source New Mexico
The New Mexico Office of the State Auditor released the findings of an investigation into a troubled southern New Mexico utility Tuesday, concluding that there was no evidence of misuse of $5.3 million in public funds.
The New Mexico Environment Department called for multiple state agencies to take a closer look at the Camino Real Regional Utility Authority in March, alleging potential “fraud, waste and abuse” of $5.3 million awarded by the Water Trust Board in 2013.
New Mexico environmental officials requested the investigation after a series of drinking water disasters in late 2023 revealed that the utility had been sending water with “high levels of arsenic” to people living in Sunland Park and Santa Teresa for more than a year, without alerting the public.
The most recent tests show that CRRUA’s drinking water arsenic levels remain within federal limits, but community trust has eroded.
The board granted the funding for the construction and operation of the Santa Teresa Arsenic Community Treatment Plant, and that the allegations were that the money was not spent for the correct purpose, or went unspent entirely.
The auditor’s office reviewed documents provided by the New Mexico Finance authority and the utility, according to a Sept. 24 statement.
All loans and grants related to the $5.3 million were used for construction and spent between August 2015 and July 2017, the auditor’s findings said.
All the requests to the finance authority were approved by the environmental agency and there was “no documentation to support misuse by CRRUA of these specific funds,” according to a statement releasing the findings.
CRRUA did not make anyone available for an interview Tuesday, and instead issued a statement, with Executive Director Juan Crosby saying he was “gratified” by the outcome.
“We acknowledge that operational issues have resulted in varying degrees of mistrust among some CRRUA customers,” Crosby said in the written statement. “Hopefully, the positive outcome of OSA’s investigation will put many of those concerns to rest and with CRRUA’s continued system improvements help gain customer confidence.”
In the past year, the utility was required to upgrade two filters at arsenic treatment facilities, and raised rates for water after failing to implement an increase over the last five years.