OFFICE OF THE DISTRICT ATTORNEY SECOND JUDICIAL DISTRICT STATE OF NEW MEXICO RAÚL TORREZ DISTRICT ATTORNEY March 26, 2018 Justin Horwath (651)270-3910 Email: justin.horwath@gmail.com Re: IPRA Number 1: “I request to inspect all email correspondence between the below-named employees of the District Attorney's Office and Ryan Flynn--as well as any attorneys representing Mr. Flynn--regarding any matter related to case number T-4-DW-2017-000982;” IPRA Number 2 : “I request to inspect all text message correspondence between the below-named employees of the District Attorney's Office and Ryan Flynn--as well as any attorneys representing Mr. Flynn--regarding any matter related to case number T-4-DW-2017-000982;” IPRA Number 3: “I request to inspect all email communications in any way related to the District Attorney's prosecution of Ryan Flynn on case number T-4-DW-2017-000982 between the following employees;” IPRA Number 4: “I request to inspect all text message communications in any way related to the District Attorney's prosecution of Ryan Flynn on case number T-4-DW-2017-000982 between the following employees;” IPRA Number 5: “I request to inspect any and all case notes created for the District Attorney's prosecution of Ryan Flynn in case number T-4-DW-2017-000982;” IPRA Number 6: “I request to inspect any emails sent to or by the email account of District Attorney Raul Torrez that in any way relates state legislative funding requests made by the 2nd Judicial District Attorney's Office for the 2018 state legislative session. This request should cover any such communications transmitted between May 19, 2017 and the date this request is fulfilled. The requests includes, but is not limited to , communications between Mr. Torrez and anyone representing Gov. Susana Martinez's administration.” 520 LOMAS BLVD NW • ALBUQUERQUE • NEW MEXICO • 87102 • 505-222-1099 Page 2 of 2 Dear Mr. Horwath, On March 9, 2018, we received your request to review the records listed above. The documents being produced today are responsive to IPRA request numbers 1-4. Please note that protected personal identifier information contained in the requested records has been redacted under NMSA 1978 §14-2-1(B). The fee for documents eleven inches by seventeen inches or smaller is $.25 cents per page for a printed, hard copy. There is no fee for electronic copies of documents produced. For records other than documents, the reasonable fee is $6.75 for videos and $5.00 per CD disc. Public records, similar to those you have requested, may be maintained by various investigative law enforcement agencies, depending upon who conducted the initial or any subsequent or follow-up investigation. Very truly yours, Erika S. Rojas Assistant District Attorney/Records Custodian Administration 520 Lomas Blvd NW Albuquerque, NM 87102 Things to do this week email: Greenlee, Monday, August 14, 2017 at 6:22:44 AM Paci?c Daylight Time Jason" To: email: Boone, Joshua" email: Hasler. Glenn" Hello, As an initial matter I apologize for how angry I was last week. I realize that me letting my stress or anxiety to get to me to the degree it did last week doesn't help anything. That being said here are a few of the things that need to be done this week. 1. Josh can you go to Walton today and plea Ryan Thanks, Jason Greenlee 222-1058 Re: email: "ktm@morrisseylewis.com Kari Morrissey" Monday, July 31, 2017 at 12:04:46 PM Pacific Daylight Time To: email: Greenlee, Jason" Que pasa? On July 28, 2017 at 6:45 AM "Greenlee, Jason" wrote: I'm emailing the cop and hoping to have a phone conversation with him today Sent from my iPhone On Jul 27, 2017, at 9:15 PM, Kari wrote: What are your thoughts? Sent from my iPhone Disclaimer The information contained in this communication from the sender is confidentiai. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To ?nd out more Click Here. email: "ktm@morrisseylewis.com Kari" Monday, July 31, 2017 at 3:36:44 PM Pacific Daylight Time To: email: Greenlee, Jason" Sounds good. I appreciate it. I will call Walton and get a plea setting. Sent from my iPhone On Jul 31, 2017, at 2:13 PM, Greenlee, Jason wrote: He can plea to careless driving and do the 1st offender program. Let's set it for plea relatively quickly. Sincerely, Jason Greenlee Sent from my iPhone On Jul 31, 2017, at 1:04 PM, Kari Morrissey wrote: Que pasa? On July 28, 2017 at 6:45 AM "Greenlee, Jason" wrote: I'm emailing the cop and hoping to have a phone conversation with him today Sent from my iPhone On Jul 27, 2017, at 9:15 PM, Kari wrote: What are your thoughts? Sent from my iPhone Disclaimer The information contained in this communication from the sender is con?dential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automaticaily archived by Mimecast Ltd, an innovator in Software as a Service (5335) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. Disclaimer The information contained in this communication from the sender is confidentiai. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby noti?ed that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This emaii has been scanned for viruses and maiware, and may have been automatically archived by Mimecast Ltd, an innovator in So?ware as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To ?nd out more Click Here. FW: Ryan videos email: Greenlee, Tuesday, July 25, 2017 at 2:00:14 PM Pacific Daylight Time Jason" To: email: Hasler, Glenn" email: Boone, Joshua" Please watch all of these videos. Then we will look at the case. Kari Morrissey is convinced her client was not DWI and refused because he is a fool. Let me know what you think after watching. From: Kari Morrissey Sent: Sunday, June 25, 2017 3:21 PM To: Greenlee, Jason Subject: Ryan videos Jason Here is the dropbox link to the videos. If you can't access them or don?t have dropbox let me know and I will have a disc delivered to your office for your review. thanks, Kari email: Boone, Tuesday, July 25, 2017 at 4:24:00 PM Paci?c Daylight Time Joshua" To: email: "jboone1520@gmail.com From: Greenlee, Jason Sent: Tuesday, July 25, 2017 3:00 PM To: Hasler, Glenn Boone, Joshua Subject: FW: Ryan videos Please watch all of these videos. Then we will look at the case. Kari Morrissey is convinced her client was not DWI and refused because he is a fool. Let me know what you think after watching. From: Kari Morrissey Sent: Sunday, June 25, 2017 3:21 PM To: Greenlee, Jason Subject: Ryan videos Jason Here is the dropbox link to the videos. If you can't access them or don't have dropbox let me know and I will have a disc delivered to your of?ce for your review. thanks, Kari Ryan videos email: Kari Morrissey" Sunday, June 25, 2017 at 2:21:22 PM Paci?c Daylight Time To: email: "jgreenIee@d32nd.state.nm.us jgreenlee? Jason Here is the dropbox link to the videos. If you can't access them or don't have dropbox let me know and I will have a disc delivered to your office for your review. thanks. Kari 4. Instead of waiting to the trial setting in September to have the case dismissed entirely, we agreed that Defendant would plead guilty to Careless Driving and he would still complete all aspects of the Standard DWI First Offender Program (minus the interlock, because you can?t order interlock on a Charge), so that we could still salvage something out of the ease instead of nothing. Joshua D. Boone Assistant Supervisor Metro Division 2?(1 Judicial District Attorney 520 Lomas NW Albuquerque, NM 87102 (505) 222-1213 Jason is Jason Greenlee Nicole is Nicole Moss From: Patrick, Michael Sent: Thursday, February 08, 2018 8:24 AM To: Boone, Joshua Subject: Re: Ryan DW T-4-DW-2017-000982 Three questions: what makes Ryan newsworthy? Who is Jason? Who is Nicole? Haha Sent from my iPhone On Feb 8, 2018, at 8:04 AM, Boone, Joshua wrote: Michael: Ryan email: "ktm@morrisseylewis.com Kari Morrissey? Thursday, March 22, 2018 at 8:23:56 AM Pacific Daylight Time To: email: Speaking of Mr. I want to get an order of dismissal on his 90 day deferred. Any objection? Let me know. Thanks, Kari email: Joshua Boone" Thursday, March 22, 2018 at 8:27:03 AM Paci?c Daylight Time To: email: "ktm@morrisseyiewis.com Kari Morrissey" I'm ?ne with it. On Thu, Mar 22, 2018, 9:23 AM Kari Morrissey wrote: Speaking of Mr. i want to get an order of dismissal on his 90 day deferred. Any objection? Let me know. Thanks, Kari email: Joshua Boone" Thursday, March 22, 2018 at 8:27:22 AM Pacific Daylight Time To: email: "ktm@morrisseylewis.com Kari Morrissey" I'm ?ne with it. On Thu, Mar 22, 2018, 9:23 AM Kari Morrissey wrote: Speaking of Mr. I want to get an order of dismissal on his 90 day deferred. Any objection? Let me know. Thanks, Kari Ryan MVD email: Greenlee, Thursday, February 22, 2018 at 10:48:59 AM Pacific Standard Time Jason" To: email: ?justin.horwath@gmail.com Hello Sir, Thank you for taking the time to talk to us. Sincerely, Jason Greenlee 222-1058 Attachments: Ryan DW T-4-DW-2017-000982 email: Boone, Joshua"Thursday, February 8, 2018 at 7:04:42 AM Paci?c Standard Time To: email: Patrick, Michael" Michael: Hey I am the one that actually pled this case from a to a Careless Driving. We speci?cally had Jason removed from any decision making on the matter since the Defense Attorney was Nicole Moss. If you want more details about what happened and why I made the decision let me know. Joshua D. Boone Assistant Supervisor Metro Division 2'?l Judicial District Attorney 520 Lomas NW Albuquerque, NM 87102 (505) 222?1213 email: Patrick, Thursday, February 8, 2018 at 7:23:50 AM Pacific Standard Time Michael" To: email: Boone, Joshua? Three questions: what makes Ryan newsworthy? Who is Jason? Who is Nicole? Haha Sent from my iPhone On Feb 8, 2018, at 8:04 AM, Boone, Joshua wrote: Michael: Hey I am the one that actually pied this case from a DWI to a Careless Driving. We specifically had Jason removed from any decision making on the matter since the Defense Attorney was Nicole Moss. If you want more details about what happened and why I made the decision let me know. Joshua D. Boone Assistant Supervisor Metro Division 2nd Judicial District Attorney 520 Lomas NW Albuquerque, NM 87102 (505) 222-1213 email: Boone, Joshua"Thursday, February 8, 2018 at 7:32:07 AM Pacific Standard Time To: email: Patrick, Michael? Apparently Ryan is some political guy up in Santa Fe? If you look at the Joe Monahan Report and Click the link for ?this traffic case?, it takes you to this case. Jason is Jason Greenlee Nicoie is Nicole Moss From: Patrick, Michael Sent: Thursday, February 08, 2018 8:24 AM To: Boone, Joshua Subject: Re: Ryan DW Three questions: what makes Ryan newsworthy? Who is Jason? Who is Nicole? Haha Sent from my iPhone On Feb 8, 2018, at 8:04 AM, Boone, Joshua wrote: Michael: Hey I am the one that actually pled this case from a DWI to a Careless Driving. We specifically had Jason removed from any decision making on the matter since the Defense Attorney was Nicole Moss. If you want more details about what happened and why I made the decision let me know. Joshua D. Boone Assistant Supervisor Metro Division 2? Judicial District Attorney 520 Lomas NW Albuquerque, NM 87102 (505) 222-1213 MVD Thursday, February 8, 2018 at 9:23:49 AM Pacific Standard Time email: "ktm@morrisseylewis.com Kari Morrissey" To: email: "jgreenlee@d32nd.state.nm.us jgreenlee" Attachments: mvd_10022017_100149 (1) (1).pdf 358k ADMINISTRATIVE HEARINGS OFFICE SCHEDULING UNIT p0 Box 6400 Santa Fe, NM 87502 Phone; (505) 827-0358 Fax: (505) 827-0500 NICOLE w. Moss, ATTORNEY AT LAW 201 12TH ST NW 29-Sep?20 1 7 ALBU ER UENM 87102-1815 QU Letter ID: L1590478208 RE: NOTICE OF IMPLIED CONSENT ACT HEARING RESULT Driver?s Name: RYAN LYNN Citation Number: 0102164035 NICOLE W. MOSS, Enclosed is the Decision and Order regarding the Implied Consent Act license revocation held on the above-referenced matter. Pursuant to Section 66-8-1 12(11) NMSA 1978, any person adversely affected by an order of the division may appeal and seek review within thirty (30) days from the date of the hearing of?cer's decision in the district court in the county in which the offense the person was arrested for took place. The appeal is governed by Rule l-?074 of the Rules of Civil Procedure for District Court. If you have any questions regarding the status of your driver's license or driving privileges, please contact your local Motor Vehicle Division ?eld of?ce or call 1-888-683-4636 Administrative Hearings Of?ce RefszOSG STATE OF NEW MEXICO ADMINISTRATIVE HEARINGS OFFICE IMPLIED CONSENT ACT IN THE MATTER OF THE PROPOSED REVOCATION OF THE DRIVING PRIVILEGE OF RYAN LICENSE NUMBER NM 506984131 NOTICE OF REVOCATION NO. 0102164035 DECISION AND ORDER On August 14, 2017 at 11:00 AM, an in-person hearing occurred before Administrative Law Judge David Buchanan in Albuquerque, Bernalillo County, New Mexico. The purpose of the hearing was to determine whether the New Mexico driving privileges of Ryan Fiynn (the driver) should be revoked pursuant to the Implied Consent Act. The driver appeared for the hearing along with attorney Kari Morrissey (counsel). The attorney of record was Nicole Moss. The driver testified on his own behalf at the hearing. Officer Montana (#3893) and Pubiic Service Aid (PSA) Carr (#5765) of the Albuquerque Police Department testified as witnesses for the Motor Vehicle Division (MVD). The Notice of Revocation (MVD and a video of the investigation (Motorist A) were admitted into the record as exhibits. All objections not specifically addressed in this decision were either addressed on the record or are overruled pursuant to valid statutory authority. reguiatory authority, and/or appiicable case law. FINDINGS BY THE PREPONDERANCE 1) The evidence DID NOT establish that Officer Montano had reasonable grounds to believe the driver was driving a motor vehicle under the influence of intoxicating liquor andlor drugs. 2) The evidence NOT estabiish that Of?cer Montano lawfully arrested the driver. 3) The hearing was heid no later than 90 days after notice of revocation. 4) The driver refused to submit to a chemical test even after being advised that failure to submit could result in the revocation of driving privileges. DISCUSSION AND ANALYSIS On May 20, 2017 shortly after 12:00 AM. PSA Carr was on duty and driving north on the Pan American Frontage Road in Albuquerque, Bernalillo County. New Mexico. When stopped at a traf?c signal at Menaut. PSA Carr was advised by another driver that a gray sedan ahead of him had been driving without headlights and to maintain its Jane. PSA Carr monitored the vehicle as they proceeded through the intersection. He testi?ed that he could not see any headlights, but when he caught up to it at Comanche he could see that the vehicle did have its headlights illuminated. PSA Carr continued to follow the vehicle and observed it fail to maintain its lane by crassing over the lane line. PSA Carr called of?cers from his cell phone and was able to contact Of?cer Montana. PSA Carr advised Of?cer Montano of his observations of the vehicle. Of?cer Montano located the vehicle and got behind at as it exited at Paseo do! Norte. The vehicle turned to go south on the frontage road, but pulled into a lane that was had barrels indicating that the lane was closed ahead of where it entered the lane. The vehicle then moved into the lane that was not blocked and continued south on the frontage road. Of?cer Montano initiated a traf?c stop. Of?cer Montano contacted the driver. Of?cer Montano testi?ed that there was an odor of alcoholic beverage. slurred speech and bloodshot. watery eyes. The driver denied drinking any alcoholic beverages. Of?cer Montano had the driver exit for ?eld sobriety testing. Officer Montano testi?ed that the driver exhibited all six clues during the horizontal gaze nystagmus test. The driver advised that he had been having back spasms and that he was extremely nervous. Of?cer Montano testi?ed that the driver exhibited three clues on the walk and turn test and one clue on the one leg stand test. Of?cer Montano instructed the driver to count from 47 to 32. The driver counted from 47 to 37. Of?cer Montana then instructed the driver to recite the alphabet from to R. The driver said he was going to recite from A to under his breath and proceeded to do so. The driver then recited to out loud as instructed. Of?cer Montana asked the driver if he would submit to a portable breath test which was not calibrated and the results of which were not admissible in court. The driver did not agree to submit to that test. Of?cer Montano arrested the driver for driving while under the in?uence of intoxicating liquor. Of?cer Montano transported the driver to the Prisoner TranSport Center. Of?cer Mentano read the Implied Consent advisement to the driver and informed him of the opportunity to arrange for an additional chemical test. The driver verbally refused to submit to testing. Of?cer Montana advised the driver of the consequences of refusal including that he would lose his New Mexico driver?s license or non-resident operating privileges for one year. The driver continued to refuse. Of?cer Montano ran the lntoxilyzer 8000 machine and gave the driver an additional opportunity to take the test. The driver did not submit to the test. The driver refused to submit to a chemical test even after being advised that failure to submit to the test could result in the revocation of his driving privileges. Of?cer Montano served the driver with the Notice of Revocation. The hearing was held within the requisite 90 days. in the Matter regarding Ryan page 2 of 5. The driver testi?ed that the headlights on his vehicle are automatic headlights and that he never turned them on or off that night. The driver testified that PSA Carr followed him for six miles and that he never left his lane. There were lots of cones and construction at Paseo del Norte and the frontage road. When he saw the cones. he moved out of that lane. The driver testi?ed that he had eaten Altoid mints and had nothing to drink that night. The driver testi?ed he counted all the way to 32 and that performing the turn on the walk and turn is awkward. The driver testi?ed that he is a lawyer and that after Of?cer Montano stated that the tests were not pass/fail tests. he decided not to cooperate any further with the investigation. Counsel argued that Of?cer Montano did not have reasonable suspicion to stop the driver or probabte cause to arrest the driver. Counsel argued that PSA Carr was incorrect about the headlights and that the driver did very well on the ?eld sobriety tests. In Schuster v. State of New Mexico, Dept. of Taxation and Revenue, Motor Vehicle Division, 2012-NMSC-025, 283 P. 3d 288. the court held that the arrest for a license revocation must be constitutional, and that the police activity leading to the arrest must also be constitutional. In State v. Contreras, 134 NM. 503. 79 P.3d 111, cert. denied, 134 NM. 723, 82 P.3d 5337(2003), two deputies stopped a vehicle after a concerned motorist called 911 and advised of a possible drunk driver who was driving a grey van, towing a red Geo and driving erratically. The deputies observed the vehicle and initiated a traf?c stop. Neither deputy observed any erratic driving before the vehicie was stopped. The of?cer, looking at the totality of the circumstances, must be able to form a reasonable suspicion that the person in question is engaged in or is about to be engaged in criminal activity. Id. Reasonable suspicion must be based on speci?c articulabte facts and the rational inferences that may be drawn from those facts. State v. Flores, 122 NM. 84. 920 P.2d 1038. Reasonable suspicion is dependent on both the content of information possessed by the police and its degree of reliability. Ala. v. White. 496 US. 325. 330. 110 2412. 110 L.Ed.2d 301 (1990). An anonymous tip. seldom reliable on its own. must be suitably corroborated or exhibit suf?cient indicia of reliability to provide the notice reasonable suspicion to make an investigatory stop. Florida v. J.L., 529 US. 266. 120 S. Ct. 1375. 146 L.Ed.2d 254 (2000). However. an of?cer is not required to independently observe the alleged offense if the totality of the circumstances. including the reliabitity of the tip and any public safety concerns. justify a brief. investigatory stop. Contreras, 134 NM. at 506. In New Mexico. a citizen~informant is regarded as more reliable than a police informant or a crime-stoppers informant. Id. at 507. A tip is also more reliable if it is apparent that the informant observed the details personally. Id. In the Matter regarding Ryan page 3 of 5. When the driver turned into the lane from Paseo del Norte onto the frontage road, the road was not initially blocked by cones or barrels. Thus, the driver did not commit any traf?c offense when he ?rst moved into that lane. but then changed lanes when it was apparent that the lane was closed due to the barrels and/or cones. However. it was reasonable for Of?cer Montana to rely on the information about the poor driving provided to him by PSA Carr at least as much as if the information had been provided by a citizen-informant since PSA Carr is an employee of the police department. Thus, Of?cer Montana had reasonable suspicion to stop the driver?s vehicle in order to determine if the erratic driving was due to intoxication. in State v. Johnson, 122 NM. 696. 930 P.2d 1148 (1996). the court noted that probable cause to arrest exists when. at the moment the arrest is made, the facts and circumstances within the of?cer's knowledge are sufficient to warrant a prudent man to believe that the accused had committed or was committing an offense. Probable cause is more than a suspicion. but less than a certainty. See State v. Sanchez, 131 NM. 355. 36 P.3d 446 (2001). in State v. Scussel, 117 NM. 241, 871 P.2d 5 (1994), the court de?ned ?under the influence" to mean that ?to the slightest degree" the driver is less able ?to exercise the clear judgment and steady hand necessary to handle and automobile with safety to himself and the public.? The driver informed Of?cer Montana of his back spasms. Therefore. no weight is given to the walk and turn or one-leg stand tests. in any event, the driver did not exhibit any signs of poor balance during the investigation by Of?cer Montana. The driver did not recite all the way to 32 as instructed during the countdown test. but did stop at 37 as Of?cer Montana testi?ed. The driver?s performance on the alphabet test did not violate any of the instructions provided by Of?cer Montana. Review of Motorist A established that the driver did not have slurred speech as alleged by Of?cer Montana. The video shows that the driver was completeiy coherent and articulate. The video simply did not depict a driver that appeared to be impaired to the slightest degree by alcohol or drugs. The preponderance of the evidence presented at the hearing did not estabtish that Of?cer Montana had reasonable grounds to believe that the driver was driving while under the in?uence of intoxicating liquor or drugs. The revocation shall be rescinded. ORDER RESCINDING THE REVOCATION ET is HEREBY ORDERED that the revocation of the New Mexico driver's license, permit or privilege to drive of the person named above is RESCINDED (R-AOB). In the Matter regarding Ryan page 4 at 5. Any person adversely affected by this Implied Consent Act decision and order of the Administrative Hearings Of?ce may appeal this decision pursuant to the provisions of NMSA 1978. Section 66-8-112 (H) (2015) within thirty (30) days in the district court in the county where the offense for which lie/she was arrested. The appeal process is governed by Rule 1-074 of the Rules of Civil Procedure for the District Court. If an appeal is not filed within 30 days, this decision and order will become ?nal. DATED: September 26, 2017 pawlguld/rwr David Buchanan Administrative Law Judge Administrative Hearings Of?ce In the Matter regarding Ryan page 5 of 5. email: Boone, Joshua" Thursday, February 8, 2018 at 9:07:38 AM Pacific Standard Time To: email: Torrez, Raul" Cc: email: Patrick, Michael" email: ?Chuck.Barth@da2nd.state.nm.us Barth, Chuck" Raul: This case was originally charged as an Aggravated DWI 1St offense (Defendant refused breath test which made it aggravated). Defense counsel was Nicole Moss. Jason Greenlee was removed from handling the case because of who defense counsel was (they are really good friends) and I took the case over. Case was pled to a Careless Driving based on the following: 1. Defense counsel had requested that we review the case for a possible plea to careless with prior ADA. 2. After reviewing the videos, I had Glenn and a few others watch the videos as well, it was my opinion that Defendant passed (although these are not pass/fail tests) his Field Sobriety Tests. The officer conducted alternative tests and the defendant passed all his alternative fields. I thought we wouid survive a challenge to Probable Cause, but I did not think we would survive Reasonable Doubt. 3. A secondary issue was that the officers had Failed to Appear at their Subpoena Pre-Trial Interviews. We had filed Motions to Quash on both stating the officers were unavailable (per CSIS they were not available). The Judge denied our Motions and was likely going to suppress both of?cers testimony. 4. Instead of waiting to the trial setting in September to have the case dismissed entirely, we agreed that Defendant would plead guilty to Careless Driving and he would still complete all aspects of the Standard DWI First Offender Program (minus the interlock, because you can?t order interlock on a Charge), so that we could still salvage something out of the case instead of nothing. Joshua D. Boone Assistant Supervisor Metro Division Judicial District Attorney 520 Lomas NW Albuquerque, NM 87102 (505) 222-1213 Fwd: Ryan case email: "ktm@morrisseylewis.com Karl Morrissey" Thursday, February 8, 2018 at 8:44:18 AM Standard Time To: email: ?jgreenlee@da2nd.slate.nm.us" Kari T. Morrissey Begin forwarded message: From: Kari Morrissey Date: February 8.2018 at 8:23:13 AM PST To: jmgnahan@ix.netcom.com Subject: Ryan case Joe I wanted to give you some information about the part of the article you published about Raul Torres?s budget request that concerned Ryan I am the attorney who defended Mr. not Nicole Moss. work for Ms. Moss and the case was referred directly to me. Ms. Moss shows as the attorney of record because I work for her law ?rm. All of the pleadings ?led in the case were signed by me. No one at the district attorney?s of?ce who was involved in plea negotiations ever knew that Mr. was a cabinet member. If I disclosed that information to them they never would have agreed to the plea out of fear of exactly this type of negative press coverage. The DAs of?ce actually treated Mr. like a normal citizen. The plea agreement was reached because Mr. didn?t actually commit a traf?c violation to speak of and passed all of his ?eld sobriety tests. He never should have been arrested. I felt reluctant to plead him guilty to careless driving because I felt that we would win any future trial and he would be acquitted of everything. Mr. opted to take the plea to avoid any further stress upon his family. In fact, we had a full hearing on the revocation of his license through MVD and they too found that there was no probable cause for arrest and refused to revoke his license. I can assure that the MVD hearing of?cer wasn't aware that Mr. was a cabinet member. I would have happily shared this information with you if you had reached out to me or Ms. Moss prior to the release of your article. Please feel free to reach out to us in the future. This time you got it wrong. Thank you. Kari T. Morrissey ul Verizon 2:52 PM ?7 >3 98% . Jason 6) How one influential NM powerbroker might have escaped a drunken driving nmindepthcom Hello Michael, here is the article. Interesting Wed, Feb 28, 939 AM Thank you. I requested he email me his media request 9) 0 ewosns .ul Verizon c; 2:54 PM ?7 >8 9870:, Justin iMessage Wed, Feb 28, 9:36 AM It's my understanding you have a media request. Please forward your request via email to state.nm.us Delivered ul? Verizon ?3 2:56 PM 4 )3 98% Raul CD Tue, Feb 20, 7203 PM KOAT overbooked the 54an live shot cancelled No problem Thu, Feb 22,1065 AM Justin Horwath Freelance Journalist 6512703910 Thu, Feb 22, 3332 PM Michael I'd like to set up an interview with DA Torrez on the auto theft problem in Albuquerque I counted 62 auto theft G39) 0