Poll: Vasquez holds 9 point lead in swing district race - By Matthew Reichbach, New Mexico Political Report
A poll finds that the Democratic incumbent has a significant lead in the race for New Mexico’s 2nd Congressional District, considered a swing district key to which party will control the U.S. House next year.
The poll, conducted by SurveyUSA for KOB-TV, found that Gabe Vasquez, the Democratic candidate, leads Yvette Herrell, the Republican candidate, 51 percent to 42 percent among likely voters. Another eight percent say they are undecided. Numbers in polls can sometimes not add up to 100 percent because of rounding.
The race has been in many ways a mirror of national elections, with Vasquez focusing on reproductive rights and Herrell focusing on immigration and crime.
According to KOB, 28 percent of likely voters said immigration and the border would have the most impact on their vote, while 17 percent said abortion would have the most impact on their vote.
SurveyUSA polled 582 likely voters in the 2nd Congressional District between Sept. 26 and 30. These results include a margin of error of +/- 4.5 percentage points. The KOB story did not include information on the methodology, but previous polls by the firm included those who said they were almost certain or 100 percent certain they would vote in the upcoming elections, and data weighted to U.S. Census data and the 2020 presidential vote.
Moves toward citywide AI policy on hold - By Elizabeth McCall, City Desk ABQ
A proposal to create a group of experts from city departments that would develop an artificial intelligence policy is on pause after city councilors deferred the bill Monday night.
Councilors Tammy Fiebelkorn and Dan Champine — sponsors of the resolution — said they want the city to have an AI policy after seeing the continuous growth of the technology.
According to Fiebelkorn and Champine, outlining a city policy for AI use will ensure the technology is used correctly.
“We are not saying all AI is bad, we are saying there are a lot of types of AI,” Fiebelkorn said during the meeting. “Some can be used for good, some can be used for bad. We want to make sure that we get the experts in the room together to have that conversation.”
The group would include staff from multiple city departments and would have nine months to develop a policy once the resolution is enacted.
Champine said while discussing the bill with the city’s Department of Technology and Innovation director, some issues were raised that Champine and Fiebelkorn did not think of. One of them being the funding appropriated for the resolution.
“It was pointed out that we might need a little more for some outreach,” Fiebelkorn said. “We did bump it up a tiny bit so that we could be sure that this is handled in the correct manner by a consultant that can do all the parts for us.”
The appropriation would come from the city’s general fund and be used to “support the development and implementation of the policy and identification of best practices with all AI uses.”
After councilors passed an amendment to increase the funding from $40,000 to $50,000, Champine called for the bill to be deferred until the council’s Oct. 21 meeting without specifying why. The council passed the deferral on an 8-1 vote.
Read more about the resolution here.
Debate on campaign finance changes continues - By Elizabeth McCall, City Desk ABQ
A debate about how much public campaign money certain council candidates should get continued at the Albuquerque City Council’s Monday meeting but was quickly deferred for a second time.
During the council’s Sept. 16 meeting, Councilor Joaquín Baca — at the request of the City Clerk’s Office — introduced a proposal to “clean up” campaign finance sections of the city’s charter.
The debate on Monday surrounded an amendment Councilor Klarissa Peña proposed at the last meeting. Peña suggested council candidates receive a set amount of public money, rather than an amount that varies based on the number of registered voters in their district.
Council candidates currently receive $1 per registered voter in the district they’re running in. Mayoral candidates receive $1.75 per registered voter in the entire city. The proposal would raise the amounts by $0.25.
Council President Dan Lewis said Monday the current public financing system is logical because it is based on registered voters and that he is “not convinced there is an inequity in that regard.”
“For me to be comfortable with replacing this, I think we need to have some logical reasons instead of just throwing out a number,” Lewis said.
After failing to decide on the best campaign financing policy, Councilor Brook Bassan called for a deferral and councilors unanimously voted to defer the bill for two weeks.
“I absolutely don’t think on the fly, out of the hat, with our tax paying dollars, at the last minute with all of us just now reading it while arguing and not understanding it is the best way to do it,” Bassan said.
The proposal would also set a new contribution limit for privately financed candidates. Read more about the proposal here.
The City Council will convene again on Oct. 21.
Marble Brewery tries to quell rumors it could close - By Damn Scott, City Desk ABQ
Social media is awash with speculation about what the future holds for an Albuquerque institution — Marble Brewery.
According to those close to the situation but who wish to remain anonymous, Marble Brewery is seeking a buyer and could file for bankruptcy. Others say the venerable brewery doesn’t plan to close and won’t file for bankruptcy. Regarding a sale, one person simply said there was “nothing to disclose at the moment.”
Raul Maestas, owner of the Ohana Hut restaurant located inside Marble’s Westside location, said he’d been informed that all three of the brewery’s locations would close.
“[Thursday] I was told marble brewery is for sale all of marble not just the west side… and if it does not get sold by December 1st it will be closing its doors,” Maestas posted on his Facebook page Friday.
Marble regulars and craft beer aficionados are lamenting the apparent situation the popular brewery finds itself in. With no public details immediately available from management or ownership, social media has been ablaze on the topic.
Representatives of the 16-year-old craft brewery mainstay did appear to respond to the rumors in a post on its website Monday afternoon, which was also shared on its Facebook page.
“To the Marble Family, We are open for business!” the post reads. “We are optimistic that there are positive things on the horizon for Marble and we hope you’ll stand by us as we continue our journey in the New Mexico craft beer community.”
Reactions to the post ranged from nostalgia: “The first brewery I’ve ever been [to]; will always be my favorite,” to frustration: “So you’re not going to say anything? Got it.”
The brewery’s original location opened in 2008 at 111 Marble Ave. NW, just north of Downtown in the Wells Park neighborhood. It quickly became a go-to community hangout with indoor and outdoor seating and live music. Marble later added two other locations — one in the Northeast Heights and one on the Westside. It has dozens of employees and its beer is distributed in New Mexico, Colorado, Nevada and West Texas.
More information is here.
Movie armorer on Alec Baldwin's film 'Rust' pleads guilty to gun charge in separate case - By Morgan Lee, Associated Press
The weapons supervisor in the fatal shooting of a cinematographer by Alec Baldwin on the set of the Western film "Rust" pleaded guilty Monday to a separate criminal charge of carrying a gun into a licensed liquor establishment.
Movie armorer Hannah Gutierrez-Reed agreed to change her plea to guilty on the charge in exchange for a reduced sentence of 18 months supervised probation.
Judge T. Glenn Ellington approved the agreement that allows Gutierrez-Reed to begin probation while serving out an 18-month prison term at a New Mexico state penitentiary for involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins.
In the "Rust" case, prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the movie set and for failing to follow basic gun safety protocols.
Gutierrez-Reed shuffled into the Santa Fe courtroom Monday in a beige jumpsuit, handcuffs and ankle shackles to change her plea to guilty and waive her right to trial.
"I'd just like to apologize to the court and thank you for your judgment today," she said.
The case stems from evidence that a few weeks before "Rust" began filming in October 2021, Gutierrez-Reed carried a gun into a downtown bar in Santa Fe where firearms are prohibited.
Special prosecutor Kari Morrissey said Gutierrez-Reed filmed herself in the bathroom of the bar with a handgun — explaining how she snuck in the prohibited firearm in a video that was obtained when authorities searched the armorer's phone during the "Rust" investigation.
Gutierrez-Reed was convicted in March at trial of involuntary manslaughter in the fatal shooting of Hutchins. She has an appeal of that conviction pending in a higher court.
Baldwin, the lead actor and co-producer for "Rust," was pointing a gun at Hutchins during a rehearsal for the film when the revolver went off, killing Hutchins and wounding director Joel Souza.
In July, Judge Mary Marlowe Sommer dismissed an involuntary manslaughter case against Baldwin halfway through a trial based on the withholding of evidence by police and prosecutors from the defense. Morrissey has since asked the judge to reconsider.
Under terms of her plea agreement, Gutierrez-Reed is prohibited while on probation from possessing firearms, consuming alcohol or drugs and must pay $180 in fees while submitting a sample of her DNA to a criminal database and completing an addiction treatment program.
Defense attorney Jason Bowles said the agreement makes it possible for Gutierrez-Reed to be released from prison as soon as June 2025 to complete probation in Arizona without getting an additional felony conviction on her record.
Before being led away, Gutierrez-Reed blew kisses toward the court gallery where her mother, Stacy Reed, was seated.
Reed said she was grateful her daughter can begin to fulfill new parole requirements prior to release from prison.
"She's not gotten a fair shake from the beginning," said Reed, who traveled from Arizona for the hearing.
Trial in 2023 Oñate shooting canceled after defendant takes plea deal - By Austin Fisher, Source New Mexico
The attempted murder trial of a man who shot a Native activist at a protest over a controversial monument in northern New Mexico was canceled at the 11th hour.
In what local prosecutors are framing as “a surprise change of events,” Ryan Martinez on Monday morning pleaded no contest to aggravated battery against Jacob Johns and aggravated assault with a deadly weapon against Malaya Peixinho.
In general, pleading no contest means agreeing to the facts laid out by prosecutors, but not admitting guilt.
Martinez was recorded on video shooting Johns, a Hopi and Akimel O’odham climate activist and artist from Washington state. Johns was there to celebrate county officials’ decision not to reinstall a statue depicting genocidal Spanish conquistador Juan de Oñate.
First Judicial District Attorney Mary Carmack-Altwies said Martinez “came into our community, armed with a firearm, to create and stir political discord, which resulted in a violent attack on Mr. Johns and other protesters.”
“This type of violence in our Rio Arriba community will not be tolerated, and I commend the resolve and commitment of Mr. Johns and other victims involved in this senseless tragedy,” Carmack-Altwies said, according to a news release from her office.
Marshall Ray, one of Martinez’s defense attorneys, said he “firmly asserts he acted in self defense and never intended to be part of a violent encounter that day.”
“He hopes that entering into this no contest plea agreement brings closure to everyone involved and he looks forward to moving on with his life,” Ray said in an emailed statement.
The agreement includes a nine-and-a-half year sentence, including four years in state prison.
The plea deal means a much shorter sentence than was possible for Martinez, who was facing charges of attempted murder, assault, and reckless driving, along with hate crime and firearm enhancements.
It remains unclear why exactly prosecutors offered Martinez the deal. One possibility is they would not have been able to draw a jury who would find him guilty. The plea deal was struck just a couple hours after jury selection began in the case.
VICTIMS REACT
Martinez was the third Trump supporter in New Mexico to be charged with a politically-motivated shooting in as many years, following a 2020 shooting at an Oñate statue in Albuquerque (charges related to the shooting were dropped in that case) and a series of shootings at Democratic officials’ homes, allegedly carried out by failed Republican candidate Solomon Peña.
Mariel Nanasi is the civil attorney for the two alleged victims in the case, Jacob Johns and Malaya Peixinho. All three said what Martinez did on Sept. 28, 2023 was a hate crime.
“This was a racially motivated hate crime by a MAGA proud gun toting crazed man who came to a peaceful prayer ceremony with a fully loaded live gun,” Nanasi said. “Martinez put everyone at risk. Jacob and Malaya paid the price with their lives and the entire community has been traumatized.”
Nanasi on Monday shared a copy of the email Martinez sent to the Rio Arriba County manager two days before the shooting, when he learned county officials had postponed the statue ceremony, he wrote, “Has the ceremony really been cancelled (sic) tomorrow morning??My statue won’t return?”
No police officers were present during the shooting, according to a Source New Mexico reporter who witnessed it happen.
“Despite the proximity of the police and their knowledge aforethought about Ryan Martinez’ mistaken belief that it was his statue and that Oñate should be resurrected and put on display at the Rio Arriba County administrative buildings, and, critically that they had ‘intelligence’ that violence was likely, the Espanola police and Rio Arriba County Sheriffs were nowhere to be found,” Nanasi said. “They failed to protect us.”
In a statement of his own, Johns said Martinez was “motivated by hatred,” the plea deal is “a continuation of colonial violence,” and the broader criminal process is “reflective of the systemic white supremacy that Indigenous peoples face.”
Prosecutors agreed to dismiss the hate crime enhancement, according to the agreement.
“Just imagine if I shot a person at a MAGA rally or a Christian prayer service, I’d be put away for life,” Johns said. “And all we were doing was having a peaceful sunrise ceremony — we went there to pray and our prayers were answered because the Oñate statue still does not stand.”
In her own statement, Peixinho said the plea deal is lighter than what she believes is appropriate, “however it shows our desire for conflict resolution.”
“This horrifying attempted murder will stay with me for the rest of my life,” Peixinho said. “It traumatized me and my community — some people were afraid to even go grocery shopping or leave the house.”
Since Martinez entered a plea for a felony, he can no longer ship, receive, possess or own any firearms or ammunition.
“It is important to understand that in this time of out-of-control gun violence Ryan Martinez will never be permitted to brandish or own any weapons again,” Peixinho said.
Johns said he was angry but wanted to express that “Indigenous prayers and lifeways work.”
“Pueblo people will always stand together and maintain a continuity of resistance to white supremacy and the destruction of the Earth,” he said.
Hot-air balloon bumps line, causing brief power outage during Albuquerque balloon fiesta - Associated Press
A hot-air balloon bumped into a power line in northeast Albuquerque on Monday, leaving nearly 13,000 customers of a major electric utility without power for nearly an hour, authorities said.
Monday marked the third day of the 52nd annual Albuquerque International Balloon Fiesta.
The state's largest electricity provider, Public Service Company of New Mexico, said the incident occurred at 8:35 a.m. and affected 12,730 customers.
Fiesta spokesman Tom Garrity said the pilot was the only person aboard and landed the balloon safely and wasn't hurt. The man's name wasn't released and there was no immediate word on what caused the incident.
The balloon fiesta is one of the most photographed events in the world, drawing hundreds of thousands of spectators each fall to New Mexico to see more than 100 balloons in bright colors and special shapes soaring aloft.
Former LFC chair John Arthur Smith dies - By Nicole Maxwell, New Mexico Political Report
Longtime powerful state senator John Arthur Smith, a conservative Democrat who wielded a large amount of power around the state budget for years, died early Monday morning.
“Today, I join New Mexicans in mourning the loss of Sen. John Arthur Smith, an extraordinary public servant and a cherished colleague and mentor of mine and many other public servants in our state,” Gov. Michelle Lujan Grisham said in a statement Monday. “Senator Smith was committed to fiscal responsibility while consistently aiming to improve quality of life for all New Mexicans. His leadership of the Senate Finance Committee helped put the state on sound financial footing and earned respect from colleagues across the political spectrum. Senator [Smith] was not only a masterful legislator; he was kind and honest. He provided an example of ethical and decent conduct that all elected officials, including those in Washington, D.C., would be wise to follow.”
Lujan Grisham added that “thoughts and prayers are with his wife, Janette, his family, and the countless individuals whose lives he touched. May he rest in peace.”
An announcement about flags being at half-staff in Smith’s honor is forthcoming, she said.
The Senate Majority leadership issued a joint statement, saying “are profoundly saddened” over Smith’s passing.
“As the chair of the Senate Finance Committee, he was a steadfast advocate for fiscal responsibility and community welfare,” the leadership statement said. “His legislative legacy will have a positive impact on our state for generations. Our heartfelt condolences go out to his family.”
Smith’s successor to Senate District 35, Sen. Crystal Brantley, R-Elephant Butte, issued a statement Monday morning.
“Today, I mourn the passing of my predecessor and friend, John Arthur Smith,” she said. “Though we came from opposite ends of the political spectrum, we shared a positive vision for the future of New Mexico through fiscal prudence and economic opportunity.”Smith represented District 35 which borders Arizona and Mexico from 1989 until 2021. Smith lost a primary election in 2020.
He served as LFC chairman in alternating terms with a house member from 2007 until 2020 and Senate Finance Committee chairman from 2008 until 2021.
Current LFC Chairman George Muñoz, D-Gallup, also issued a statement about Smith’s passing.
“Every New Mexican owes a debt to John Arthur Smith,” Muñoz said in a press release. “He protected the state’s finances in good times and bad. He faced criticism for being fiscally cautious but it’s because of him that the state weathered downturns that would have crushed other states. Things were tough during the Great Recession, the collapse in oil prices that followed just years later, and the pandemic but vulnerable New Mexicans never lost services. Senator Smith made sure New Mexico survived those years and was well-positioned for the prosperous years that followed.”
Smith was a real estate appraiser when he was not serving in the legislature or on multiple committees throughout his tenure.
Smith received his bachelor’s degree from the University of New Mexico in 1966 and was involved in southern New Mexico politics beginning in the 1980s, an LFC press release states.
Early voting starts tomorrow at select NM polling locations - By Danielle Prokop, Source New Mexico
Tuesday is a big day in election season, as Oct. 8 marks the start of early voting across New Mexico and is the first day for county clerks to send out absentee ballots previously requested by voters.
Early voting locations are limited at the beginning of the early voting season, with many of them located in county seats. To find a polling place on the New Mexico Secretary of State’s website, or call a local county clerk’s office.
Oct. 8 also closes voter registration online or by mail, but people can still register in-person at the polls using same-day registration.
To register at the polls, people are required to bring photo identification, such as a New Mexico driver’s license. If the photo ID doesn’t match the registration address, state law says the voter will need additional proof of residency. This can include a current utility bill, bank statement, government check, paycheck that shows name and address. Photo IDs can include identification from an Indian nation, tribe or pueblo, or a student ID from an accredited institution, along with a current student fee statement.
Same-day registration can only be used for people voting in-person at the polling location, it cannot be used to request an absentee ballot.
Later this month, county clerks will expand the number of voting locations, opening more on Oct. 19 until early voting ends on Saturday, Nov. 2.
All mail-in ballots must be returned by 7 p.m. on Tuesday, Nov. 5. Absentee ballots can be posted, placed in drop boxes or handed in during office hours to the county clerk’s office. If a voter is unable to mail an absentee ballot, state law says that only the voter, the voter’s caregiver or the voter’s “immediate family” may deliver it for them.
On Tuesday, Nov. 5, Election Day polling locations will open from 7 a.m. until 7 p.m.
Torrez announces legislation priorities to protect victims of sexual assault - By Susan Dunlap, New Mexico Political Report
New Mexico Attorney General Raúl Torrez unveiled two legislative priorities to expand crime victim protections on Friday.
Torrez held a press conference in Albuquerque to announce the two bills, one called Victim’s Right to Refuse Pretrial Statement or Interview, will be sponsored by state Rep. Tara Jaramillo, D-Socorro. The second, an amendment to the Victims Rights’ Act, will be sponsored by state Rep. Meredith Dixon, D-Albuquerque.
Torrez said the Victim’s Right to Refuse bill would protect minors and adults who have been sexually assaulted from excessive pretrial interviews. The amendment to the Victims Rights’ Act would amend the law to enforce the protections already written into the law by providing a means for civil action if the protections are violated.
Torrez said the bills are important pieces of legislation, in part, because New Mexico is one of the few states that does not guarantee protections for victims of abuse or sexual assault during the judicial process. He said such guaranteed protections already exist at the federal level.
Torrez talked about his own experience as an attorney watching a pretrial interview of a small child who was a sexual assault victim. He said that such interviews can retraumatize the victim. He said the Victim’s Right to Refuse bill would create clear procedures for those pretrial interviews so the victim is “treated with dignity in the process” and if those principles are not upheld, the bill “guarantees the rights will be respected.”
“Even prosecutors will be held accountable,” Torrez said. “Because to do anything less would maintain the status quo treating victims as second-class citizens.”
He said adult victims can refuse to give multiple pretrial interviews or request that the pretrial interview be shortened. Torrez said bills will not impact the right of the accused to face the accuser during a trial before a judge and jury. He said if a case goes to trial, the victim will still have to take the stand and be subject to cross examination in a courtroom.
“This doesn’t have any impact on that right [of the accused],” he said.
But he said that when the judge and jury are not in the present, during the pretrial process, the goal is for the victims not to be retraumatized. He said that, at times, the range of questions the victims are asked in pretrial interviews are “not geared toward guilt or innocence but geared toward intimidating and retraumatizing.”
He said New Mexico experiences high dismissal rates because the state’s judicial system permits re-interrogation of victims. He said that by protecting victim’s rights, there will be higher rates of prosecution of sexual assault crimes of both adults and children and communities will be safer.
“This is a feature of our system that’s been sitting in plain sight for way too long,” he said. “This brings balance and puts justice at the center of the system.”
Tony Ronga, the father of a young woman who was sexually assaulted several years ago by a high school teacher in Las Cruces, spoke during the press conference about the hurt his family experienced because of what he described as a lack of justice for his daughter and other victims. The teacher, Patrick Howard, received probation, which the judge terminated early this year, despite pleas from the family. Howard pleaded guilty to one count of criminal sexual contact with a minor and a count of battery in 2021, according to the Las Cruces Bulletin.
Krisztina Udvardi, chief executive officer of All Faiths Children’s Advocacy Center, said during the press conference that victims should only be interviewed once by highly trained staff. She said a more positive experience in the legal system for victims reduces stress and that unaddressed trauma increases the risk of mental health disorders and broader societal issues.
Jaramillo said during the press conference that the legislation would “ensure victims are protected from unnecessary trauma” and “bring New Mexico in line with the rest of the country.”
Dixon said victims of human trafficking and battery were also being added to the amendment to the Victims Rights’ Act. She said the amendment would also require victims to have seven days’ notice in advance of a court proceeding. She said the amendment would “strengthen protections for victims of crime and make it easier for their voices to be heard.”
Torrez said that he believes these bills will have bipartisan support in the legislature. Though he also said he anticipates a legal challenge if enacted.
“But that’s an important conversation for the judiciary to engage in,” he said.
BernCo to tackle housing during next meeting - By Rodd Cayton, City Desk ABQ
Bernalillo County commissioners Tuesday will consider making affordable housing part of their top legislative priorities for the 2025 session.
They’ll look over a proposed administrative resolution that pushes state lawmakers to provide a financial boost toward local efforts to bolster the housing supply.
The resolution specifically requests the Legislature appropriate $100 million for Housing New Mexico, formerly the New Mexico Mortgage Authority, to support statewide affordable housing and the use of local government set-asides.
The proposed resolution before the commission says the county will need 28,000 new housing units by 2035, including 4,900 units of affordable housing. Those numbers come from a report by Housing New Mexico.
The county and the City of Albuquerque created the Middle Rio Grande Housing Collaborative, an independent joint powers entity, last year to address the area’s affordable housing shortage. The collaborative last month recommended the commission adopt the resolution.
County staff say the county and city have sought to address the shortage of affordable housing through voucher-based programs and other strategies.
However, the agenda states, “the need for housing outstrips all resources currently available to either the county or city.”
Commissioners on Tuesday will also receive an update on the Bridge Boulevard construction project.
That project, which includes reconstruction of the roadway from Young Avenue to La Vega Drive SW, new lighting and drainage and Americans with Disabilities Act-compliant sidewalks and ramps, is expected to be done by Jan. 21.
Hot-air balloon bumps line, causing brief power outage during Albuquerque balloon fiesta - Associated Press
A hot-air balloon bumped into a power line in northeast Albuquerque on Monday, leaving nearly 13,000 customers of a major electric utility without power for nearly an hour, authorities said.
Monday marked the third day of the 52nd annual Albuquerque International Balloon Fiesta.
The state's largest electricity provider, Public Service Company of New Mexico, said the incident occurred at 8:35 a.m. and affected 12,730 customers.
Fiesta spokesman Tom Garrity said the pilot was the only person aboard and landed the balloon safely and wasn't hurt. The man's name wasn't released and there was no immediate word on what caused the incident.
The balloon fiesta is one of the most photographed events in the world, drawing hundreds of thousands of spectators each fall to New Mexico to see more than 100 balloons in bright colors and special shapes soaring aloft.