Tuesday, March 26, 2013

Defendant Esquivel co-leading FOG seminar on public records and open meetings laws.

The NM FOG invites you, link, to find out about the latest developments in public records and open meetings from FOG Hotline attorneys Martin R. Esquivel, Charles R. Peifer, Charles "Kip" Purcell, Robert M. White, Gregory P. Williams and Dan Yohalem, and Journal Managing Editor Kent Walz.

I call your attention to two of the leaders of the seminar, Defendant Marty Esquivel and Kent Walz.

Esquivel has been tapped as a presenter, presumably because he is a role model in the "open government" community.  I presume Walz was tapped for the same reason.

As Esquivel sits at the dais, sharing his wit and wisdom about open meetings, he is simultaneously ordering APS' publicly funded, private police force to enforce an unlawful restraining order that he wrote and had the chief of APS' Praetorian Guard, Steve Tellez, co-sign.

His purpose in violating of my civil rights? to prevent me from standing up at a public forum at a school board meeting, and asking him a legitimate question;

Why are the ethically redacted findings of at least three investigations into felony criminal misconduct in the leadership of the APS (police force), being hidden from public knowledge?  "Why?" mind you, not "how?"
He wants so much, to not be asked that question in public, he will use his Praetorian Guard to stand between me and the asking.

He couldn't get away with it, with out the aide and abet of the establishment's media; including but not limited to, the Journal; including but not limited to Journal Managing Editor Kent Walz.

When I was running for the school board, Esquivel's unlawful restraining order kept me from campaigning for standards and accountability at public forums.  Walz steadfastly refused to investigate and report upon the blatant violation of my civil rights to speak freely, assemble freely, and to petition my government, and the subsequent lack of due process for resisting the unlawful order.

A bona fide candidate for the school board was having his civil rights violated in plain sight, and Walz found it completely not newsworthy; by what reasonable standard?

Clearly, the Journal knows about the felony criminal misconduct in APS; it was they who exposed it, link.  Clearly they know about the cover up; or remain deliberately ignorant.

Kent Walz, knows that none of the findings of at least three investigations into felony criminal misconduct were ever turned over to District Attorney for prosecution.  Walz knows, or remains deliberately ignorant; a handful of the leadership of the APS took it upon themselves to decide that the felony criminal misconduct in this case, did not warrant prosecution.  He knows, or should know, it's not their decision to make.

District Attorney Kari Brandenburg claims she can't do anything about it.  "Claimed" actually, link, link, link, link; statutes of limitation on felony criminal misconduct have expired long since.

In any case, while all this is going on, and while APS, under Supt Winston Brooks, is refusing to produce an ethically redacted version of any of the investigations,  Defendant Esquivel and Walz bamboozled the NM FOG into giving Brooks the FOG's most prestigious recognition for heroes of transparency.

Esquivel himself, is a FOG hero of transparency.  If Walz isn't, he probably will be someday.

What perspective can these two heroes; Esquivel and Walz, bring to a seminar on open government? 

It certainly won't be one of candor, forthrightness and honesty.  It won't be one of character and courage and honor.  So why are they there?

Maybe the audience would be better served by hearing from the screw-ees rather than the screw-ers when it comes to developments in public records and open meetings.

photos Mark Bralley
Walz ched macquigg


Anonymous said...

You need to file a motion to quash the restraining order and ask the judge for a hearing. Find the info on www.nmcourts.gov under case search.

ched macquigg said...

Complaints have already been filed in federal court and a preliminary injunction sought to compel Esquivel and APS to abandon their enforcement of the unlawful restraining order.

Anonymous said...

Federal courts have limited jurisdiction. State courts have general jurisdiction. File a motion, ask for an emergency hearing and force him to answer publicy for his censorship against a citizen. You can do both state and federal court.

ched macquigg said...

Thank you for your input.

I'm satisfied that my federal suit will do the trick - we could have relief in the form of a preliminary injunction, in a matter of a month or two. There are numerous civil rights violations beside the banning letter and federal court was the place to file them.

Anonymous said...

Excellent! Glad to see someone fighting back. Best of luck! Also, Gov M signed into law a bill requiring advance notice to the public for all meetings.