There is a window of time and opportunity that applies to
the situation in the APS and the responsibilities of various
public servants to deal with that situation.
District Attorney Kari Brandenburg, for example.
She was given the results of a highly qualified and impartial investigation of public corruption and criminal conspiracy in the leadership of the APS (Police Department). She has been sitting on that evidence for more than a year.
All she had to do was decide whether or not felony criminal misconduct has taken place.
When does the window close? How long can she stall before there is no reasonable doubt that she has fallen in with the corrupt in the leadership of the APS?
And Darren White. His super sophisticated and secure FBI data base was used by APS senior administrators to harass and intimidate "disgruntled former employees", and to do one of the most intensive criminal background checks possible; on APS senior administrator Tom Savage's girlfriend.
After all this time, Darren White still cannot offer a candid, forthright and honest explanation, defense, or acknowledgment even of his failure to protect the NCIC data base that had been entrusted to his oversight.
When does his window close?
And Thomas J Lang, Kent Walz and the Journal
whose every obligation it is to inform voters, to allow them
to make autonomous decisions based on all of the facts.
When does their window close?
And Michelle Donaldson, Mary Lynn Roper and Rhonda Aubrey,
When does their window of reasonable doubt finally close?
And Marty Esquivel and
Delores Griego, and
Mary Lee Martin, and
Gordon Rowe?
For how much longer will they deny;
a candid, forthright and honest discussion of ethics
and accountability in the leadership of the APS?
When does the window of doubt finally close on them,
and we are absolutely justified in concluding that
they have thrown in their lot, with evil?
Personally, I think their window closed a long time ago.
But then, I've been at this since 1994;
the year I was trained to be a Character Counts! trainer
for the APS; by Michael Josephson, personally.
What a disappointment that turned out to be.
Which brings us back to Hector Balderas.
He knows more of the truth than anyone except the people who are hiding it; APS Modrall.
If he doesn't, he is not fit to be the NM State Auditor.
We are talking about a billion dollars a year.
In the hands of the folks who are still adding on to the
Uptown Administrative Complex.
If Hector Balderas does not have the authority
to begin a full scale forensic audit of the leadership of the APS;
he knows who does.
And the longer he waits to pick a side on the issue of
whether or not to conduct an immediate audit;
the more obvious it is that he has already picked a side;
a side he doesn't want to admit to, publicly.
When does his window of opportunity to do the right thing
finally close?
3 comments:
I had the feeling HEctor "cares" enogh to do nothing. Hope he proves me wrong.
This is from the Conway Greene Website, which lists New Mexico Statutes.
As an example, the Danny Moon Fraud case is a second degree felony, so they have six years from the date of the crime. Danny left under duress in 2005 - so they could get him until 2011 on the crinimal charges if they are second degree felonies, which in this case they are.
Most school felonies that I delat with as a school cop were 4th or 3rd degree felonies, though, which have a five year limitation. (Battery on School Personnel, no great bodily harm is a 4th degree felony, while GBH on a school employee can go all the way up to a 2nd degree, as long as it is not murder, then you have all the time you need.
If I am interpreting this statute passage wrong, my apologies, but I think that is what it says.
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30-1-8. Time limitations for commencing prosecution.
No person shall be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed therefor within the time as provided:
A. for a second degree felony, within six years from the time the crime was committed;
B. for a third or fourth degree felony, within five years from the time the crime was committed;
C. for a misdemeanor, within two years from the time the crime was committed;
D. for a petty misdemeanor, within one year from the time the crime was committed;
E. for any crime against or violation of Section 51-1-38 NMSA 1978, within three years from the time the crime was committed;
F. for a felony pursuant to Sections 7-1-72 or 7-1-73 NMSA 1978 or Section 4 of this 2005 act, within five years from the time the crime was committed; provided that for a series of crimes involving multiple filing periods within one calendar year, the limitation shall begin to run on December 31 of the year in which the crimes occurred;
G. for any crime not contained in the Criminal Code [30-1-1 NMSA 1978] or where a limitation is not otherwise provided for, within three years from the time the crime was committed; and
H. for a capital felony or a first degree violent felony, no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime.
Hector probably feels everything is right on time. He'll wait a little while longer, than "Oops! Too late! Not my fault we ran out of time". Then he won't have to do his job, and it won't be his fault (in his eyes).
That's probably the scenario.
--An APS instructor
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