.2 May 1518,01216p AIbertFugere 5054240565 FILED IN THIS OFFICE STATE OF NEW MEXICO TIME . COUNTY OF A IN THE METROPOLITAN COURT MAY 1 5 2018 - LITAN COURT STATE OF NEW MEXICO, 51% Plaintiff, vs. NO. LEANCY CALABAZA, Defendant. EFENDANT LEAN TIO AL FY THE UDI I TRI FFI FRQNI PR TI FTHEA OVE APTI A COMES NOW, Leancy Calabaza, by and through his counsel Of record, Joel A. Davis, Esq._, and hereby respectfully moves this Court for an order disqualifying the Second Judicial District Of?ce of the District Attorney (the ?2nd Of?ce?) from prosecuting the above captioned case and as grounds, Mr. Calabaza submits the following memorandum: INT ?g 200; ION 1. Mr. Calabaza stands accused of Aggravated DWI, Failure to Maintain Traf?c Lane, Speeding (Over by 21?25), and Improper Tuming at Intersection. 2. Mr. Calabaza was ?led a waiver of arraignment on March 22, 2018 and it was approved by the Honorable Judge Victor E. Valdez on March 26, 2018. 3. There is Pre?trial hearing set for May 15, 2018 in this case. 4. On or about August Of 2009, Joshua D. Boone joined my former ?rm Davis Kelley, LLC. 5. On December 1 1, 2009 the Articles of Organization for Davis Kelley, LLC were amended to add Joshua D. Boone to the name to re?ect his membership in the organization. See May1518,01216p Albert Fugere 5054240565 p.3 Exhibit A: NM Secretary of State Filing History for Davis, Kelley Boone, LLC. . On August 1, 2010, Joel A. Davis withdrew from Davis, Kelley Boone, LLC under acrimonious circumstances, wherein Joel A. Davis left the ?rm with the written agreement that Joshua D. Boone would take the necessary steps to ?nancially indemnify Joel A. Davis for all matters that may have occurred during Joel A. Davis? membership at Davis Kelley, LLC and Davis, Kelley Boone, and that issue was breached by Joshua D. Boone and resulted in what constitute a breach of ?duciary duty to Joel A. Davis- Exhibit B: Voluntary Withdrawal Agreement and Exhibit C: Settlement Email. . As stated in Exhibit C: Settlement Email. Joshua D. Boone states, currently work for the State now. In the unlikely event that this case even proceeds forward and that Joel was able to obtain a judgment against me, there is nothing to collect on. I will ensure that he never collects from me ever. That is a promise.? On April 17, 2017 Joel A. Davis, ?led a Third-Party Complaint, 2nd Judicial District Court Case No. against Joshua Boone for Damages and Money due as the result of a lawsuit ?led by a former client. See Exhibit D: Third-party Complaint Against Joshua D. Boone. . On April 24, 2018, the case against Joshua Boone has been settled in the favor of Joel A. Davis upon conditions that have not been completed as of this time, however, the nature of the Complaint and action were necessarily and ultimately adversarial in nature. 10. On February 28, 2018, the Santa Fe Reporter published an article discussing how another case was handled by the 2? DA. ?5 Of?ce, which involved Joshua D. Boone and Defendant Ryan See Exhibit E: on the Rocks.? Page 2 of 8 May1518,01:16p ll. 12. 13. 'l 4. 15. 16. Albert Fugere 5054240565 p.4 On March 16, 2018, Joel A. Davis entered his appearance as counsel for Mr. Calabaza in this case, after disclosing to Mr. Calabaza that Joshua D. Boone was possibly a supervisor at Bernalillo County Metropolitan Court for the 2nd Of?ce, and that Joel A. Davis and Joshua D. Boone were former partners that ended acrimoniously, and that Joel A. Davis had sued Joshua D. Boone. On April ll, 2018, a news report was published by New Mexico In Depth following up on the February 28, 2018 story concerning the 2?d DA. ?5 Of?ce performance during the Ryan DWI case. See Exhibit and Exhibit F: ?Emails show prosecutors misled public about plea deal with former Martinez Cabinet Secretary,? Exhibit G. IPRA Emails from 2nd DA. ?3 Of?ce. In the emails obtained between Joshua D. Boone and others, there were claims that a ?Chinese Wall? was established to due to a con?ict of interest with an attorney, in the 2nd Of?ce. The emails additionally show that the con?icted attorney was ethically bound to not interact in the case he was con?icted in, but Joshua D. Boone allowed the con?icted attorney to participate and Joshua D. Boone followed the orders of the con?icted attorney during the case- Upon learning of the emails, Joel A. Davis, disclosed the information to Mr. Calabaza and Mr. Calabaza was extremely concerned about receiving a fair trial in learning that Joshua D. Boone, the supervisor of all Bernalillo County Metropolitan Court attorney representing the 2nd Of?ce, would have oversight over a case that Mr. Calabaza?s attorney of record was currently undergoing litigation as opposing parties. Mr. Calabaza believes there is a con?ict of interest with the Of?ce representing Page 3 of8 May 1518,01117p Albert Fugere 5054240565 p.5 the State of New Mexico on this matter due to the lawsuit between Joel A. Davis and Joshua D. Boone. 17. On April 25, 2018 Joel A. Davis telephoned Raul Torrez, the District Attorney of the 2nd Of?ce to discuss the con?ict issues and left a phone message. There was no return call. 18. On April 28, 2018 during pre?trial conference on the present case. Joel A. Davis raised the con?ict issue with the presiding representative of the 2?d Office. Danish Pierre and the Honorable Victor E. Valdez. 19. Ms. Pierre stated she that she text messaged Joshua D. Boone and that he was a supervisor and would create a ?Chinese Wall? between himself on the case. 20. The hearing was reset to have time to handle the con?ict matter. 21. On May 2018 Joel A. Davis contacted Joshua D- Boone by text message to discuss the con?ict matter. Mr. Boone stated he would not be available until the afternoon. 22. Later on May 1 l, 2018, Joel A. Davis contacted Joshua D. Boone by telephone and discussed the issue. He stated he understood there is a con?ict and would create a ?Chinese Wall? to keep him from the case= but would not con?ict the case out of the 2nd Of?ce even though he is a supervisor over the attomey?s representing the 2nd Office. 23. Due to the nature of the emails exposed during the Ryan case by the NM in Depth articles and IPRA request, it does not appear that a ?Chinese Wall? as Joshua D. Boone states will be effective enough to prevent a con?ict or appearance of a con?ict or bias by the 2nd Office in this matter. AR NIENT The Second Judicial District Attorneys Of?ce now has a Con?ict of Interest and Page 4 of 8 May 1518,01117p Albert Fugere 5054240565 p.6 must be disquali?ed from prosecuting this case. First, the dispute and divide between Joshua D. Boone and Joel A. Davis, especially over such a long period of time and currently in legal process has pitted Mr. Calabaza in the cross?re of these two attorneys in con?ict to potentially suffer from adverse consequences of Joshua D. Boone?s bias against Joel A. Davis as a result of these proceedings due to the nature of Joshua D. Boone?s supervisory position over this case and the fact that there has been potential attempts in the recent past to institute a ?Chinese Wall? by Joshua D. Boone, which appears to have failed The Second Judicial District Attorney's Of?ce Has A Con?ict Of Interest and Cannot Continue in the Prosecution of the Above Captioned Case "[P]rosecutors are quasi-judicial of?cers, State v. Gonzales, 138 N.M. 271, 119 P.3d 151, who have the distinctive role of disinterested and impartial public advocates. Id. 1B6. In addition to representing the public interest, a prosecutor must also protect the rights of the accused and maintain both actual and perceived impartiality. See State v. Robinson, 143 N.M. 646,650, 179 P.3d [254 (Ct.App. 2008) (quoting State v. Hi?, 88 N.M. 216,219, 539 P.2d 236,239 1975)). in a quasi-judicial capacity, the prosecutor and those associated with him should represent public justice and stand indifferent as between the accused and any private interest.? Robinson, 143 N.M. at 650 (quoting State v. Chambers, 86 N.M. 383,387, 524 P.2d 999, 1003 (Ct.App- 1974)). The New Mexico Code of Professional Conduct recognizes that prosecutors are unique among attorneys in our adversarial system. See Rule 16?308 NMRA. However, the rule speci?c to prosecutors does not specify disqualifying interests of prosecutors. Therefore, the court must consider whether prosecution is inconsistent with other, more Page 5 of 8 May1518,01:17p Albeit Fugere 5054240565 p.7 general rules ofconduct. See Robinson, 143 NM. at 651. Disquali?cation of a prosecutor may result where the prosecution has a bias "that creates the opportunity for con?ict or other improper in?uence on professional judgment." Stare V. Gonzales, ZOOS-NMSC-OZS, 1[ 39, 138 N.M. 271, 119 P.3d 151. Bias is a ground upon which a prosecutor may be disquali?ed. See State v. Armijo, 118 N.M. 802, 816?17, 887 P.2d 1269, 1283-84 (Ct.App. 1994). If it is established that one member of the prosecution team should be disquali?ed, an appearance of unfairness or impropriety arises, Gonzales, ZOOS-NMSC- 025, 30, and the burden shi?s to the state to prove that the entire of?ce should not be disquali?ed by imputation. Id. In considering Vicarious disquali?cation, the Court should determine "whether a reasonable person standing in the shoes of the defendant should be satis?ed that her interests will not be compromised." Gonzales, 31 (quoting Stare enrol. Romley v. Superior Court, 184 Ariz. 223,908 P.2d 37 (Ct. App. 1995)). ultimate goal is to maintain both public and individual con?dence in the integrity of our judicial system."l Id. (quoting Romley. 908 P.2d at 42). Case law mandates disquali?cation when there exists a bias that creates an opportunity for con?ict or the improper in?uence on professional judgment. ZOOS-NMSC-OZS, 111139,44, 48. Mr. Calabaza submits that once a con?ict has been established, as it has here, New Mexico Rule of professional Conduct 16-1 10 requires the disquali?cation of every attorney in the ?rm. The Rule states: While lawyers are associated in a ?rm, none of them shall knowingly represent a client when any of them practicing alone would be prohibited from doing so. Page 6 of 8 May 1518,01217p Albert Fugere 5054249565 p.8 See Rule 16-110 NMRA- The injection of some type of personal or other type of interest into the enforcement process may bring irrelevant and impressible factors into the prosecutorial decision and in some contexts raise constitutional questions. See Marshall v. Jerrica, 446 US. 238. 249?50 (1980}. Rule 16?] 10 applies to the 2nd Of?ce as there is no distinction in the rule between agencies such as the 2nd Of?ce and any other law firm. This imputed disquali?cation rule applies when an actual con?ict exists. Every Assistant District Attorney in the 2nd D.A.'s Of?ce is barred from prosecuting this case against Mr. Calabaza. A reasonable person standing in Mr. Calabaza?s shoes should not be satis?ed that his interests will not be compromised. The risks of potential Violations of Mr. Calabaza?s right to due process are too great by not disqualifying the 2nd Of?ce. B. The Continued Prosecution by the Second Judicial District Attorney's Office is Violative of the Defendant's Right to Due Process A prosecutor's con?ict of interest can impact the fundamental fairness of a criminal trial, resulting in denial of due process. Marshal! v. Jerricho, Inc. 446 US. 23 8,249 (1980). Defendants? right to due process requires that the prosecutor be free of any conflicts of interests and appearance of partiality. 446 US. at 249. To allow the 2nd Of?ce to continue in the prosecution of the above captioned case results in a violation of Mr. Calabaza's right to due process and the canons of professional responsibility. This is particularly troubling since Joshua D. Boone is the supervisor over the attorneys Page 7 of8 May 15 18. 01 :18p Albert Fugere 5054240565 p9 representing the 2nd Of?ce. In order to preserve the integrity of the criminal justice system and prevent its perversion by interested parties, disquali?cation of the Second Judicial District Attorney's Of?ce, in the above case, is required. CONCLUSION Wherefore, for the foregoing reasons, Mr. Calabaza respectfully requests this Court enter an order disqualifying the Second Judicial District Attorney's Of?ce from prosecuting the above captioned case. Respectfully submitted: Joel A. 132% 505 Main Street SW PO. Box 1297 Los Lunas, NM 87031 (505) 865?0688; (505) 865-4079 (fax) This will certify that a copy of the foregoing pleading was served by fax and email to all Counsel of record this 15lh day of May, 2018. Joel A. Dai/ii Esq?. Page 8 of 8 May 1518.01118p Albert Fugere 5054240565 Corporniinns Division Search Information Entity Details Business 2882173 Stator; Dissolved DAVIS, KELLEY 8L BOONE, Enti ty ame LLC Standing. DBA Name: Not Applicable Entity Type and State of Domicile Domestic Limited Liability t' nit}, ype Company Domestic State: New Mexico Statute Law Code: 53-19-1 to 53?19~74 Formation Dates Date of Incorporation in NM: Not Applicable Date of Organization in NM: 05/22/2007 Date rma Jon State'or Not Date of Authorrty NM: Not Applicable Date of Registration in NM: Not Applicable Management Type: Reporting Information Period of Existence and Purpose and Character of Affairs Period of Duration: Perpetual Business Purpose: Character Of Affairs: Outstanding Items Not Applicabi Registered Agent: No Records Found. License: a No Records Found- Contact Information Mailing Address: 800 LOMAS AVE. NW SUITE 100, ALBUQUERQUE. NM 87102 nm p.10 HOME i5 May 15 18, 01 :18p Albert Fugere 5054240565 Corporalions Divisior? ,2918 Principai Place of Busmess Anywhere: Secondary Principal Place of Business Anywhere: Office Outside of New . Mexico: Not Applicable Registered Office in State of lncorporatiori: PrinCipal Place of Business in . Domestic State} Country: Not Applicabie Principal Of?ce Location in NM: Not Applicable Registered Agent Information Name: JOEL A. DAVIS Geographical Location Address: 800 LOMAS AVE. NW SUITE PhySical Address: 100, ALBUQUERQUE, NM Address: NONE 87102 Date oi Appointment: 05/22/2007 Effective Date of Resignation: Director Information Not Applicable Of?cer Information Not Applicable Manager Information No Records to View. Member Information No Records to View. Organizer Information Title Name Address Organizer JO EL A. DAVIS NONE May 1518.01118p Albert Fugere 5054240565 p.12 (?Iurpm?mnns Division 3018 mcorpomw" lnfotmation Trustee Information Not Applicable Filing History :55 Fiscal Survive .. -. Year 2- Pace 5 .. Filing Date Fll""9 TYPE End Jasrk goitestlcated Instrument Text 9 Filing Date Certificate 0512212007 01 DAVIS 8? LL BPGS 05/22/200/ 222221;, Organization PERPETUAL Certificate CNT AMENDED ARTICLE I are/2009 01 PLACE OF 12/11/2009 822349 Amend mam ARTICLE IV (REGISTERED OFFICE) [3 Business Dissolution 30/21/206 175314 License History z! . . PS fDonal.sos.stale.nm.usz FS/onlineiCorn -.: May 1518,01c18p Albert Fugere 5054240565 p.13 VOLUNTARY WITHDRAWAL RESOLUTION AGREEMENT RECITALS WHEREAS Joel A Davis, John Kelley, Joshua D. Boone mach hold a 1/3 membership Emotes: in Davis, Kelley, 8: Boone, LLC, a New Mexico Limited Liability Company fanned pursuant to Chapter 53, Article 19 NMSA 1978, 2882173; and WHEREAS each have not entered into an operating agreement as de?ned by 5349-2 (0). NMSA 1978; and WHEREAS 3er 1L Davis (the ?Withdraw Member?) is a member of Davis, Kelley 8: Boone, LLC (the ?Company"? who mans a one-third membership interest inzhe Company, and wishes to voluntarily withdraw ??om the Company pursuant to 53?19-37 (A) and (C) and 53-3 9~38 (A) (I) and (D), WHEREAS John R. Kelley and Joshua Boone (the ?Remaining Mamba?) wish to accept the vohmtary withdrawal ofWithdtawing Member. IN CONSIDERATION of?le mutual covenants and conditions hereim?er set forth and for other good and valuable consi?era?on, the receipt and sn?iciency of which is hereby acknowledged, the parties agree as fo?ows: I. THIS AGREEMENT is made and entered into on this 12?? day ofJuly, 201011: be e??ective as of the date ofautho?za?on oftbis Agreement, by and between Joel A. Davis, PO Box 35444, Aibuquerque, New Mexico 87176 (the Member?), and John Kelley and Joshua D. Boone (coilectiveiy ?Remaining Members?) both at 800 Lamas Ava, N.W., Suite 100, Albuquerque, New Maniac S7 102- II. Voluntary Withdrawal. Upon?ae completion of Closing as desczibed in paragraph EL Beiow, thdrawing Member ceasos to be a member and relinquishes his membership inmost, as de?ned by ?53-19~2 (M) and (N), NMSA 1978, equaliy to Remaining Members (?Volum'aay 10136 3 9 3 3 May 1518,01219p Albert Fugere 5054240565 p.14 Closing. The Closing of the Voluntaly Withdrawal Rmiution Agreement as contempiated by this Ageement (the "Closing? shall take place at 12:00 on July 12, 2010 (the "Closing Date") at the o?'ices of Davis, Kelley, Boone, LLC, 800 Lamas Ave? NW, Sims 100, Albuquerque, NM 87102 or at such other time or place as shall be agreed by the parties in writing; provided, however, that 31! conditions to the Closing hm set forth shall have been sa?s?ed. Upon completion ofthe provisions contained in Paragraph TV. the z??ec??ve date of Volunrmy Wr?ndzavml by Withdrawing Member 51131! be August 1, 2010 (the ?E?ective Date"). Upon meeting provisions of Paragraph IV. all pro?ts, losses and liabilities shall inure to the bene?t ofRemaining Members as of the E??ective Date. Until such time, Wdrawing'Member anti maximizing Membm's shall operate and manage the Company and hold its assets in trust for the bene?t of Company with reasonable and customary compensation to Withdrawing Member and Remaining Members such services. mee provisions of Paragraph IV. are not met on or befom August 1, 2010, the zmnpany shall unda?go dissolution pursuant to 53-19-39 NMSA 1978. IV. Indemni?cation of Withdrawing Men: her. A. Remaining Members hereby agrew to in?enmify and hold Member, 3031 Adrian Davis, individually, harmless ?ow and against: i. Any and all claims, ?abilities and obligations of every kind and dmczip?on, contingent or otherwise, arising from or relatea to mam Manba?s mos-La} guarantee ofthe lease and or of premises relating to 800 Lamas Ave: NW, Suite 100, Albuquerque, RM 87102 (the ?Lease?), occupied and utilized for the business ac?vi?es ofthc Company as ?mhc: described in Exhibit Lease, prior, am or subsequent to the Closing. Such claims, and obligations include, but are not limited to, any and all claims, liabilities and obligations arising or required to be perfonned subsequent to Closing relating to the Lease assumed by Remaining Members pursuant to this Agreement. 20f6 5054240565 p.15 May 15 18, 01:19p Albel?t Fugere B. ii. Any and all claims, liabilities and obligations of every kind and descn'ption, contingent or otherwise, arising ?om or related to his pesformanoe as a Member ofthe Company and the ownexship of the Company by Bombing Members prior, during, or subsequent to the Closing. Such claims, liabilities, and obligations include, but are not limited to. any and all claims, and obligations arising or required to be performed subsequent to Closing made: any business activities of Company assumed by Remaining Members pursuant to this Agreement. Any and all damage or de?cimcy reSL?ting ?om any misreprosm?ons, breach of waxmty, ofany agreemm or o?biiga?on assumed or required to be assumed by Remaining Members under this Agreement, or ?om any misrepresentation in or omission from any certi?cate or other insomneut ?lmished to Member pursuant to this Agreement, or in connectim with any of?ng transactions contemplated hereby. iv. Any and all actions, suits, proceedings, damageg assessments, judgments, costs and memos incident to any of the foregoing provisions including reasonable attorneys fees incurred by Withdrawing Mamba as themsuit of Remaining Members? failure or re?xsal to de?end or compromise any claim. Ifany claim or liabiliy shali be asserted aging Withdrawing Member which would give rise to a ciaim by Withdrawing Member against Remaining Members forindemnifica?on under the provisions of this section, Withdrawing Member shalt motif? Remaining Members ofthe same and Remaining Members shall at its mam expanse, mpromise or defend any such chains; provided that Withdrawing Members may, at Rs own cost and expense, join and cooperate with Remaining Members in the defense or compromise of such claim. C. Speci?c I?erfermnce in the Event ofWathdz-awing Member?s oz' Romaim? ng Members' Failure to Close. Ifaxrjr obligations of either party to close as set forth in this 30f6 May 15 18,01:19p Albert Fugere 5054240565 p.16 Agreement have been satis?ed, but such party shall re?ne to close as provided in Amide hereof, or in the event of a matedai breach by either party of its ob?ga?ons hereunder which is not cured by the Closing Date, than the other part}; in addizion to any other right or remedy it my have at few or in equity, shall have the rightto enforce the teams of this Agreement by decree of speci?c perfonnance. V. Capital Account. dewing Member?s Cap?wal Anselm is valued 81 $1.00. VI. Accounting. Remaining Members shall provide Withdrawing Member with an up to date accounting 0381! ?nancial accounts held by Davis, Kelley, Boone, LLC, includingt'ust accounts and provide in, veri?ed ?mds, a check in the ammo: of$2500.06 ??om Sunnis Jataxm'ilo?s trust account. $500.00 from Steven Buyer?s trust account, and $1,000 ?om the Ft. Sill Apache Tribe?s Trust account. aiong with separate veri?ed funds check in the amount Member?s reasonable and common distribution. VII. Distribution of A5538. Remaining Members shall deliver to Member at the Ciosing the items described in Exhibit B: Distzibu?on of Assets atac?ned and incorporated herein. Clients. Clients shall be divided among Wi?ldmwing Mm anti Remaining Members as described in the dient list as described in Exhibit C: Client List attached and incorporated herein Additiona?y, Remaining Members will store with reasonable care and safety all client case ?les associated with the Company for a?pe?od ofseven {Ryan?s from the date of closure of such client case ?les and will allow Member access as necessary by Withdrawing Member to such ?les as needed by member: 3X. Trade Marks and 'Ih?ade Names of Commy. in consideration forthis Agreement, Withdrawing Member, Remaining Members, and Company shall have no righr and shall not use and derive income from the name ?Davis, Kelley, 8: Boone, X. Notices. All notices, requests, demands or other 00me required by this Agreement or desired to be given or made by either of?ie partiesto the otherhereto shall be given or made by 4 W6 May 1518,01:20p Albert Fugere 5054240565 p.17 personal delivery or by mailing the same in a sealed envelope, postage prepaid, registered mail, return receipt requested, and addressed to the parties at their mpectiw addresses set forth above or to such other address as may, ?'om?metotime, bedwignauedbyno?oe given in this paragraph. Any notice or communication mailed as aforemid shall be deemed to have been given and received on the third busineds day next following the date of its mailing. Any notice or writing delivered to a party hereto shall be deemed to have it been given and received on the day it is delivered. provided that ifsuch day is not a business day, then the notice or communication shall be deemed to have been given and received on the business day next following such date XI. Entire Agreement. This?gmemem sets fonhthe entire Agreement between the panics hereto in connection with the subject matter hereof. No alteration, amendment or quali?cation of?u's Agreement shall be valid unless it is in writing and is exalted by both of the parties hereto. XE. Severability. Ifany paragraph of?iis Agreement 0:32:31 30:60:: thaeof is determined to be unenforceable or invalid by the decision of any court by competent jmisdicrion, which determination is not appealed or appealable, any reason Mmtsoever, such enforceability or invalidity shall not invalidate the whole Agreement, but the Agreement shall be construed as ifit did not contain the particular provision held to be invalid and the rights and obligations of the parties shall be construed and enforced accordingly. Further Assurances. The parties hereto Wand agree that each shall and will, upon reasonable request ofthe other, make, do, mute or cause to be made, done or executed, all such further and other law?ll acts, deeds, things, device: and assumes whatsoever for the better or more perfect and absolute performance of the terms and conditions ofthe??s Agreement XIV. Successors and Assigns. The parties shall not assign this Agreement or any interest without the prior written consent of the other party. This Agreement shall cause to the bene?t ofand be binding on the heirs, executors, administrators, successorsand permhzedassigns of the parties hereto. XV. Governing Law. This Agreement shall be governed by and construed in accordance with the May1518,01i21p Albert Fugere 5054240565 p.18 Iaws ofthe State of New Mexico. XVI. Construction. In Agreement, except as otherwise provided a1} words and personal pronouns relating then-etc shall be read and construed as the numba and gender of the party or panics referred to in each case require and the verb shall be read and construed as agreeing with the required word and pronoun XVII. Headings. The division ofthis Agreement into paragraphs and the use of headings is for convenience of reference only and sha? not modify or inletprem?on or bonsuumion oftbis Agreement or any IN WITNESS WHEREOF the panics hm have exemted this Agreemwt as of the date first above written. Members: Withdrawing Member. Aggy? hnR. Keliey, Mamba Joel Ad?an Davis, Member And ua D. Boone, Member 7 {lane 50f6 May 1518,01121p Albert Fugere 5054240565 p.19 5f15!2018 Gmail - Fw: McDowell v. Davis: Otter of email Joel Davis Fw: McDowell v. Davis: Offer of Settlement 2 messages albert fugere Mon, Apr 16, 2018 at ?1 :31 PM Reply-To: atbert fugere To: Joel Davis Confidentiality Notice: This communication and any files or attachments transmitted with it are privileged, con?dential and intended solely for the use of the individual or entity to which they are addressed. if you have received this transmission in error, please contact Albert Roland Fugere Esq. If you are not the named addressee you shall not disseminate, distribute or copy this communication or its contents. if you are not the intended recipient, please contact Albert Roland Fugere Esq. at (505) 424-8643 and destroy all copies of this communication and its contents. On Monday, April 16, 2018 12:16 PM, Joshua Boone wrote: Dear Mr. Fugere: i wanted to extend an offer of settlement to your client, Joel Davis, prior to us beginning the Mediation Process. This offer is contingent on myself not participating in the upcoming mediation: 1- i will pay the amount of $800.00 to Mr. Davis (this is the amount 1 would pay to go to mediation); 2. I will assign any bad?faith claim that have or would be entitled to against any insurance company to Mr. Davis. 3. Mr. Davis will agree to dismiss myself from this matter and sign a separate agreement reliving from liability against any future claims against him. Please feel free to share this part with Mr. Davis: Despite what is stated in the complaint against me, Joel knows that i had nothing to do with any part of the McDowell issue ever. She was a client long before i came on board with John and Joel. Joel knows that I never worked on her case or received any of the money they settled with her. I literally had nothing to do with this matter. I currently work for the State now. in the unlikely event that this case even proceeds forward and that Joel was able to obtain a judgment against me, there is nothing to collect on. I will ensure that he never collects from me ever. That is a promise. All this matter is doing is causing me stress and stress to my family. it has been 8 years since we lost the partnership with each other, I would simpiy like to move on in my life from this. I am truly sorry for how everything went down with all of us when we broke up. Hindsight being 20/20, I am sure that we ALL got played by Anthony to some extent about everything and that we equally were responsible for how it all went down. i wish that I had spoken up in the meeting with Joel and asked if he needed our help with anything or that he told us about anything that he may have been going through personally, or with his family, so we could help. EXHIBIT May 15 18, 01 :21 Albert Fugere 5054240565 p.20 5i15i2018 Gmail - Fw: McDowell v. Davis: Offer of Settlement I would have been all of our preferences to make this partnership last, but we were all different people back then and likely did not have the bene?t of more years of maturity to rely on. I think the saddest part to all of this was the lost friendship we all had with each other, especially with John and Joel. Sincerely, Joshua D. Boone This email and its content are not an admission to any fact stated but intended for the purposes of settlement and therefore are not an admission of any wrongdoing or liability to any matter. albert fugere Mon, May 14, 2018 at 3:13 PM Reply-To: albert fugere To: Joe: Davis Confidentiality Notice: This communication and any ?les or attachments transmitted with it are privileged, confidential and intended solely for the use of the individual or entity to which they are addressed. If you have received this transmission in error, please contact Albert Roland Fugere Esq. If you are not the named addressee you shall not disseminate, distribute or copy this communication or its contents. If you are not the intended recipient, please contact Albert Roland Fugere Esq. at (505) 424-8643 and destroy all copies of this communication and its contents. [Quoted text hidden] fe 180509.12 .21 May 15 18, 01:21p Albert Fugere 5054240565 FILED IN MY OFFICE DISTRICT COURT CLERK 41172017 9:34:41 AM James A. Noel Edna Kasuse QTAFE 0F NEW (9911?!" BE .ALILLG SECONB MICIAL DISTRICT COURT New? . . a v; and; Defendants!? Joel A. membyand thinngh his Attemege?, Alhe? 1133!? we in; BOONESIat'eeasfo?am: What. see} A. Dams WJGM R. 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By Jeff Proctor and Justin Horwath February 27 lust after midnight on May 20, Albuquerque Police Officer Joshua 'Monta?o saw aluXu ry' sedan veer into a turn bay blocked off by bright orange traf?c barrels before it pulled back over a solid divider line onto an Interstate 25 frontage road. Monta?o ?ipped on his emergency police lights and the 2004 In?niti stopped in the parking lot ofthe Marriott Pyramid, a high?end hotel in Northeast Albuquerque. 5 A veteran DWI cop who has conducted hundreds of drunken driving F?Tvestigations, Monta?o approached the vehicle on foot. He was armed with a slew of additional information gleaned from a police service aide and a concerned citizen: The ln?niti?s driver had swerved numerous times traveling northbound from downtown Albuquerque, he?d delayed proceeding through a green light by 10 seconds, he?d driven 10 underthe posted speed limit, and he'd done it all with his headlights turned off. In the driver's seat of the car was Ryan" 39, Gov. Susana Martinez' former cabinet secretary of the New Mexico Environment Department, who left that job in 2016 to become executive director of the New Mexico Oil and Gas Association. in the passenger seat was iessica Perez, the ?nance director for several Martinez-linked political com mittees. Monta?o asked whether had consumed any alcohol. shook his head, saying he was not drinking, then sorted through papers from his glove box for a couple minutes in an unsuccessful search for his registration. Montana noticed numerous signs of intoxication: eyes were bloodshot and watery, his speech was slow and slurred, and he smelled strongly of alcohol, the of?cer later wrote in a meticulous police report. After conducting a series of tests that, according to his training would indicate whether someone had been drinking, Monta?o believed he had a solid case. So he offered a potential chance to stay out ofiail by taking a breath test. refused and was arrested on suspicion of aggravated DWI, ?rst offense, and failure to maintain a traf?c lane. oom/newsl201 BI02127/dvn-on-therocksl 1 ?1 May 15 18, 01 :27p Albert Fugere 5054240565 p.33 5/ 142018 DWI on the Rocks I News I Santa Fe Reporter Less thwhaxggz?g?a?ygne of the state's most most in?uential powerbrokers and political inSiderS .9, :7 ,3 a; - - pleaded}; Ex; 2 :1 3 if}; :3 Erin-rum of careless drivmg In exchange for dismissal of the DWI charge?and a 32"! )1 as tool, a victim impact panel and submit to screening for substance abuse issues. .. - If promls - -- ?vicar-5.93m, a lawyer who lives in Santa Fe, helms one of New Mexico's most powerful trade groups, representing an industry that accounts for more than a third of the state?s $6 billion annual budget between proceeds from the Land Grant Permanent Fund and tax revenue. Prior to that, he was with the Martinez administration from the beginning, ?rst as general counsel for the Environment Department from 2011 to 2013, then more than three years as secretary, where, according to his resume, he was Martinez? ?senior policy advisor on energy and environmental issues." declined to answer speci?c questions, including whether he was drinking the night Monta?o stopped him, but he has maintained in court proceedings and in an administrative hearing aimed at his driving privileges that he was not. points to the outcome in court and his victory in the administrative hearing as vindication. A review by SFR and New Mexico In Depth of dozens of pages of police, court and jail records, cou rtroom recordings, police body camera video and a handful ofinterviews illustrates the broad powers prosecutors have in deciding how and whether to proceed on DWI cases. That runs contrary to the narrative pushed by Bernalillo County District Attorney Raul Torrez, a young and newly minted top prosecutor who mounted a successful public campaign for a multi?million dollar increase in taxpayer money to assist his of?ce in prosecuting criminal cases, including DWI prosecutions. He had a powerful supporter in the person of Gov. Martinez who championed his bid for more money during the just?ended legislative session. Torrez and his chief DWI prosecutors have blamed a 50 percent DWI dismissal rate on police of?cers not showing up to court and pretrial interviews?end on defendants being deported. The case, however, shows little to no evidence of such external snags that could doom a case. Instead, it demonstrates how easily a prosecutor can leave a defendant's record devoid of the stigma that comes with a BM charge in New Mexico. When asked to explain the DA's Of?ce's decision to drop the aggravated DWI charge against Torrez distanced himself, saying he was not "directly involved" in the case- Michael Patrick, a spokesman forTorrez, Assistant District Attorney Joshua Boone, and Iason Greenlee, chief of the division that prosecutes DWI cases, said during a telephone interview last week that Torrez was not at all consulted on the case. In separate interview responses, the trio said Boone reviewed the evidence, including body camera footage, and made the ?nal call to offer a plea deal. 2H1 May 15 i8. 01 :28p Albert Fugere 5054240565 p.34 5I14J2018 DWI on the Rocks[ News Santa Fe Reporter Boone &%?if?%i?e?that there was not enough probable cause ?a key standard in prosecutorial - - ":33" if} figs DWI charge. He also said his assessment concluded that had not been drinkingll'w iTsIsm 3: But SFR and NMID have learned that Boone?s assessment was quite the opposite on those two points: He had, in fact, determined that the case would survive a probable cause challenge and that conduct in the video clearly indicated he had been drinking. Boone had his doubts about whether he could win a jury trial against SFR and NMID have learned, although no prosecutor is ever certain about how a jury will rule in any case. It is not clear why Boone decided to plead the case all the way down to careless driving. The Of?ce said Boone had made a written assessment of the case in a series of notes, but Patrick refused to release them. For his defense, turned to two local attorneys?Kari Morrissey and Nicole Moss?who have extensive experience defending clients accused of DWI, particularly in Bernalillo County Metropolitan Court. It was no mistake that Greenlee and Boone reviewed the case; Morrissey said inan interview that after watching Monta?o's video, she determined that was not drunk. Kn owing the chief of the Metro Division was a key person who could agree to drop a DWI charge, she says she emailed Greenlee, asking him to review the video and expressing con?dence that would prevait at trial. "That doesn't look like a drunk guy to me," Morrissey said in an interview last week. ?And I thought, 'Great, I can win this jury trial!" But by Monta?o's account, had obviously been drinking. DWI of?cers are trained extensively to look for certain clues during a series of tests that, taken together, demonstrate that someone has consumed alcohol. In the case, Monta?o noted several such clues, including when eyes wouldn't properly track the of?cer's ?nger. Wearing ?at dress shoes, was asked to walk nine steps in each direction along a parking stall line outside the Marriott. "My legs are shaking right now because I'm nervous," said, according to the video. also saying he was cold and nervous, nevertheless walked a relatively straight line. During another test, swayed on his right leg a bit. Because was complaining of back spasms, the of?cer conducted two alternative sobriety tests, ?rst asking to count backward from 47 to 32. counted to 37, but stopped there, the video shows. 3H 1 May 1518,01i28p Albert Fugere 5054240565 5I14f2018 DWI on the Rocksi News Santa Fe Reporter .4 as-? at an: . The of?g if; ,2 cl :ii't? to recrte the a ending video shows. chuckled and said: can; I'm going to maybe silently do ?Well, that's not part of the test," breath, then pronouncing letters Watch a compilation of scenes from police dash and lapel cams: Ryan DWI Arrest In Monta?o's estimation, had "performed poorly" report. on the tests in the aggregate, he wrote in his police told him he was under arrest for DWI. He offered a portable breath test, telling him it could not be used in court but could rule out alcohol use, the video shows. refused to take the test. Monta?o handcuffed him and protested, saying he had passed the tests, according to the video. Monta?o told him the tests "are not pass?fail" several times and added that he was trained to look for certain clues. Later, refused to blow into a court-admissible breath testing machine, taking his chance on a charge of aggravated DWI. Refusing to take a breath test can be used against defendants in court. drinking, the video shows. During his more than hour?long encounter with the police, said at least nine times that he had not been 4/11 ection ofthe alphabet, starting with the letter and The of? cer responded as pressed ahead, reciting the ?rst ?ve letters under his more clearly starting with F. May 1518, 01:29p Albert Fugere 5054240565 p.36 531442018 DWI on the Rocks I News Santa Fe Reporter Yet at Morrissey offered a contradiction: She told Metro Court judge Sharortg 574.4 a is 3" :55? ftiilynn "was taken to the jail, he blew a 0.02, at thejall. We have the jail hf: i; . ?.Fu??rm recordst i [ii?n I 'Iui'i? was stopped just after midnight and, according to jail records, he was booked into the Bernalillo County jail shortly after 7 although Morrissey disputes the hour at which her client was booked. That means, according to the jail records, blood contained some alcohol more than seven hours after he was stopped. The presumed level ofintoxication in New Mexico is 0.08 percent. Morrissey conceded in court that the results from the jail breath test would not be admissible at trial. In her interview with SFR and she downplayed the the jail breath test results. "The breath machine that they use at the jail isn't a machine they use correctly," Morrissey said. "it'll sp it out a score, but that score is going to be something wild and crazy." A spokeswoman for the Bernalillo County Metropolitan Detention Center said breath tests are used only for medicat purposes?to determine, for example, whether an inmate might be in danger from alcohol use. She said she could not con?rm whether took a breath test at the jail because it would be part of his medical record. The DA's Of?ce was not the only entity that cleared David Buchanan, the administrative lawjudge who presided over a hearing for the state Motor Vehicle Division, reversed the revocation of drivers license. "The video shows that the driver was completely coherent and articulate," wrote Buchanan in a September orden Testifying in his own defense in the administrative hearing, said his headlights were automatic and that he never switched them on or off. He also said he was not drinking. "The preponderance of the evidence presented at the hearing did not establish that Of?cer Monta?o had reasonable grounds to believe that the driver was driving while under the in?uence of intoxicating liquor or drugs," Buchanan stated in his order. In his email to SFR and NMID. said: "Both the Bernalillo County District Attorney?s Of?ce and an independent Administrative Law Judge objectively reviewed the facts and arrived at the same conclusion: I should not have been detained and there was no evidence to support the charges. Any notion otherwise is a gross fabrication that has no basis in reality." 01 8/02/27idwi-on-the-rocksl 5m . 7 May 15 18, 01 :29p Albert Fugere 5054240565 3 5114f2018 DWI on the Rocks I News Santa Fe Reporter spa??EFAEm-aa his arrest and was released without bond and on standard conditionsmcludm% ,3 :5 1.1 consume alcohol or enter liquor establishments. - . 11.32313: Perez, the ?nance director of several political committees linked to the governor, picked up from the Bernalillo County jail around 9 am on May 20?roughly nine hours after he was stopped, jail records show. She was driving a black Cadillac. Patrick. Boone and Greenlee, the DA's Of?ce staffers, said in an interview that they did not know about political position until Joe Monahan, an Albuquerque political blogger, recently posted the case in a brief item on his website that called into question the use of the resources it already has, given Torrez's legislative request for millions in additional taxpayer dollars. case otherwise escaped media scrutiny.) Hours after the interview with the two prosecutors and Patrick, Torrez' spokesman, Patrick called a reporter back to say that former District Attorney Kari Brandenburg had once been in a romantic relationship with Monahan and suggested she may have been the blogger's source. Patrick said he believed that is why the story ?rst appeared on Monahan's blog, and warned against pursuing the story. SFR and NMID began investigating this story before it appeared on Monahan's blog. Neither Monahan nor Brandenburg were a source in SFR's and reporting. Reached by telephone, Brandenburg said she was not a source for the blog post, and questioned why her successor would mention her in such a personal context to avoid answering questions about a public issue. Soon after plea deal, Torrez began mounting his public campaign for a $6 million funding increase for the of?ce. Days later, in an unprecedented move, Gov. Martinez, a former prosecutor who has made ?ghting crime a cornerstone of her agenda for seven years, said she would support a $6.5 million increase for Torrez. In the end, the Legislature approved a $4.3 million bump for Torrez? of?ce, leaving the ?rst-term prosecutor as one of the biggest winners in the legislative session. He expressed con?dence during his media blitz that more money would translate to more convictions on DWI cases. know that if we can get to trial, we can win,? Torrez told the Albuquerque journal in a January article about the of?ce's conviction rate on DWI cases. ?The problem is getting to trial. We?ve improved over the last year, and the dismissal rate dropped. We are in the process of ?xing many technical issues that lead to the dismissals.? This story was co-reported and edited with New Mexico in Depth, an SFR partnec COMMENTS 8102I27i'dwi-on-the-rocksrI 6m May 1518,01130p Albert Fugere 5054240565 p.38 Moliticsmet i driving?charge!) How one influential NM powerbroker might have escaped a drunken driving charge By Justin Homath and Jeff Proctor I February 28, 2018 - T. A screen capture taken from the body camera of aAlbuquerque police o?icer who was investigating Ryan (pictured) for DWI in May 20.27. Just after midnight on May 20, Albuquerque Police Of?cer Joshua Monta?o saw a luxury sedan veer into a turn bay blocked off by bright orange traf?c barrels before it pulled back over a solid divider line onto an Interstate frontage road. Monta?o ?ipped on his emergency police lights. The 2004 In?niti stopped in the parking lot of the Marriott Pymnid, a high?end hotel in Northeast Albuquerque. Aveteran DWI cop who has conducted hundreds of drunken driving investigations, Monta?o approached the vehicle on foot. He was armed with a slew of additional information gleaned from a police service aide and a concerned citizen: The In?niti's driver had swerved numerous times traveling northbound from downtown Albuquerque, he?d delayed proceeding through a green light by 10 seconds, he?d driven 10 under the posted speed limit, and he?d done it all with his headlights turned off. About this article This article comesfrom New Mexico In Depth and the Santa Fe Reporter mcks? . Sign up for W?s newsletter . in the driver?s seat of the car was Ryan 39 and Gov. Susana Martinez? former cabinet secretary of the New Mexico Environment Department, who left that job in 2016 to become executive director of the New Mexico Oil and Gas Association. In the passenger seat was Jessica Perez, the ?nance director for several Martinez-linked political committees. Mo nta?o asked whether had consumed any alcohol. shook his head, saying he was not drinking, then sorted through papers from his glove box for a couple minutes in an unsuccessful search for his registration. Montafio noticed numerous signs of intoxication: eyes were bloodshot and watery, his speech was slow and slurred, and he smelled strongly of alcohol, the officer later wrote in a meticulous police report. After conducting a series of tests that, according to his training would indicate whether someone had been drinking, Monta?o believed he had a solid case. So he o?ered a potential chance to stay out of jail by taking a breath test. refused and ms arrested on suspicion of aggravated DWI, ?rst oEense, and failure to maintain a traf?c lane. 9g?. 3 No. am May 15 18, 0123010 Albert Fugere 5054240565 p.39 Less than three months later, one of the state?s most most in?uential powerbrokers and political insiders pleaded no contest to a lone count of careless driving in exchange for dismissal of the DWI charge and a promise that he attend DWI school, a victim impact panel and submit to screening for substance abuse issues. a lawyer who lives in Santa Fe, helms one of New Mexico?s most powerful trade groups, representing an industry that accounts for more than a third of the state?s $6 billion annual budget between proceeds from the Land Grant Permanent Fund and tax revenue. Prior to that, he was with the Martinez administration from the beginning, ?rst as general counsel for the Environment Department from 2011 to 2013, then for more than three years as secretary, where, according to his r?sum?, he was Martinez?s ?senior policy advisor on energy and environmental issues.? declined to answer speci?c questions, including whether he Was drinking the night Monta?o stopped him, but he has maintained in court proceedings and in an administrative healing aimed at his driving privileges that he was not. points to the outcome in court and his victory in the administrative hearing as vindication. A review by SFR and New Mexico In Depth of dozens of pages of police, court and jail records, courtroom recordings, police body camera video and a handful of interviews illustrates the broad powers prosecutors have in deciding how and whether to proceed on DWI cases That runs contrary to the narrative pushed by Bernalillo County District Attorney Raul Torrez, a young and newly minted top prosecutor who mounted a successful public campaign for a multi?million dollar increase in taxpayer money to assist his of?ce in prosecuting criminal cases, including DWI prosecutions. He had a powerful supporter in Gov. Martinez, who championed his bid for mone money during the just- Ryan booking photo ended legislative session. Torrez and his chief DWI prosecutors have blamed a 50 percent DWI dismissal rate on police officers not showing up to court and pretrial interviews and on defendants being deported. The case, however, shows little to no evidence of such external snags that could doom a case. Instead, it demonstrates how easily a prosecutor can leave a defendant?s record devoid of the stigma that comes with a DWI charge in New Mexico. When asked to explain the decision by the Of?ce to drop the aggravated DWI charge against Torrez distanced himself, saying he was not ?directly involved? in the case. Michael Patrick, a spokesman for Torrez, Assistant District Attorney Joshua Boone, and Jason Greenlee, chief of the division that prosecutes DWI cases, said during a telephone interview last week that Torrez was not consulted on the case. Advertisement In separate interview responses, the trio said Boone reviewed the evidence, including body camera footage, and made the ?nal call to offer a plea deal. i i Boone said his assessment was that there was not enough probable cause a 7 key standard in prosecutorial decision?making to pursue the DWI charge. He also said his assessment concluded that had not been drinking the night of die stop. 5 But SFR and NMID have learned that Boone?s assessment was quite the 5525? ?14:ng NA ANA @091,? opposite on those two points: He had, in fact, determined that the case would survive a probable cause challenge and that conduct in the video clearly indicated he had been drinking. Keeping Dor?ia Ana County Safe For more Information, Get invo?ved. Or Donate wsir my website 4' Boone had his doubts about whether he could win a jury trial against SFR and NMID have learned, although no prosecutor is ever certain about how a jury will rule in any case. It is not clear why Boone decided to plead the case all the way down to careless driving. nen'in dexl201 214 .40 May 1518,01131p Albert Fugere 5054240565 The Of?ce said Boone had made a written assessment of the case in a series of notes, but Patrick refused to release them. For his defense, turned to two local attorneys Kari Morrissey and Nicole Moss who have extensive experience defending clients accused of DWI, particularly in Bernalillo County Metropolitan Court. It was no mistake that Greenlee and Boone reviewed the case; Morrissey said in an interview that after watching Monta?o?s video, she determined was not drunk. Knowing the chief of the Metro Division was a key person who could agree to drop a DWI charge, she says she emailed Greenlee, asking him to review the video and expressing con?dence that would prevail at trial. "That doesn?t look like a drunk guy to me,? Morrissey said in an interview last week. ?And I thought, ?Great, I can win this jury trial.? But by Monta?o?s account, had obviously been drinking. DWI of?cers are trained extensively to look for certain clues during a series of tests that, taken together, demonstrate that someone has consumed alcohol. In the case, Monta?o noted several such clues, including when eyes wouldn?t properly track the of?cer's ?nger. Wearing ?at dress shoes, was asked to walk nine steps in each direction along a parking stall line outside the Marriott. ?My legs are shaking right now because I?m nervous,? said, according to the video. also saying he was cold and nervous, nevertheless walked a relatively straight line. During another test, swayed on his right leg a bit. Because was complaining of back Spasms, the of?cer conducted two alternative sobriety tests, ?rst asking to count backward from 47 to 32. counted to 37, but stepped there, the video shows. The of?cer then asked to recite the a section of the alphabet, starting with the letter and ending with the letter R, the video shows. chuckled and said: can; I?m going to maybe silently do The of?cer responded: ?Well, that?s not part of the test, as pressed ahead, reciting the ?rst ?ve letters under his breath, then pronouncing letters more clearly starting with F. In Monta?o?s estimation, had ?performed poorly? on the tests in the aggregate, he wrote in his police report. He offered a portable breath test, telling him it could not be used in court but could rule out alcohol use, the video shows. refused to take the test. Monta?o handcuffed him and told him he was under arrest for DWI. protested, saying he had passed the tests, according to the video. Monta?o told him the tests "are not pass-fail? several times and added that he was trained to look for certain clues. Later, refused to blow into a court-admissible breath testing machine, taking his chance on a charge of aggravated DWI. Refusing to take a breath test can be used against defendants in court. During his more than hour-long encounter with the police, said at least nine times that he had not been drinking, the video shows. Yet at his August plea hearing, Morrissey offered a contradiction: She told Metro Court Judge Sharon Walton that, when ?was taken to the jail, he blew a 0.02, at the jail. ?Ne have the jail records that indicate that.? was stopped just after midnight and, according to jail records, he was booked into the Bernalillo County jail shortly after 7 am, although Morrissey disputes the hour at which her client was booked. That means, according to the jail records, blood contained some alcohol more than seven hours after he was stopped. The presumed level of intoxication in New Mexico is 0.08 percent. Morrissey conceded in court that the results from the jail breath test would not be admissible at trial. In her interview with SFR and NMID, she downplayed the the jail breath test results. ?The breath machine that they use at the jail isn?t a machine they use correctly,? Morrissey said. ?It?ll spit out a score, but that score is going to be something wild and crazy." A spokeswoman for the Bernalillo County Metropolitan Detention Center said breath tests are used only for medical purposes to determine, for example, whether an inmate might be in danger from alcohol use. She said she could not con?rm whether took a breath test at the jail because it would be part of his medical record. The Of?ce was not the only entity that cleared httozl/n moolitics.netfinde>d201 rivina?charoe! 3l4 .41 May 15 18, 01 :32p Albert Fugere 5054240565 David Buchanan, the administrative law judge who presided over a hearing for the state Motor Vehicle Division, reversed the revocation of drivers license. ?The video shows that the driver was completely coherent and articulate,? wrote Buchanan in a September order. Testifying in his own defense in the administrative hearing, said his headlights were automatic and that he never switched them on or off. He also said he was not drinking. ?The preponderance of the evidence presented at the hearing did not establish that Of?cer Monta?o had reasonable grounds to believe that the driver was driving while under the in?uence of intoxicating liquor or drugs,? Buchanan stated in his order. In his email to SFR and NMID, said: ?Both the Bernalillo County District Attorney?s Of?ce and an independent Administrative Law Judge objectively reviewed the facts and arrived at the same conclusion: I should not have been detained and there was no evidence to support the charges Any notion otherwise is a gross fabrication that has no basis in reality.? spent a few hours in jail after his arrest and was released without bond and on standard conditions, including that he not possess or consume alcohol or enter liquor establishments. Perez, the ?nance director of several political committees linked to the governor, picked up from the Bernalillo County ail around 9 am. on May 20 roughly nine hours after he was stopped, jail records show. She was driving a black Cadillac. Patrick, Boone and Greenlee, the Of?ce staffers, said in an interview that they did not know about political position until Joe Monalian, an Albuquerque political blogger, recently posted the case in a brief item on his website that called into question the use of the resources it already has, given Torrez?s legislative request for millions in additional taxpayer dollars. case had otherwise escaped media scrutiny.) Hours after the interview with the two prosecutors and Patrick, Torrez?s spokesman, Patrick called a reporter back to say that former District Attorney Kari Brandenburg had once been in a romantic relationship with Monahan and suggested she may have been the blogger?s source. Patrick said he believed that is why the story ?rst appeared on Monahan?s blog, and warned against pursuing the story. SFR and NMID began investigating this story before it appeared on Monahan?s biog. Neither Monahan nor Brandenburg were a source in and reporting. Reached by telephone, Brandenburg said she was not a source for the blog post, and questioned why her successor would mention her in such a personal context to avoid answering questions about a public issue. Soon after plea deal, Torrez began mounting his public campaign for a $6 million funding increase for the of?ce. Days later, in an unprecedented move, Gov. Martinez, a former prosecutor who has made ?ghting crime a cornerstone of her agenda for seven years, said she would support a $6.5 million increase for Torrez. In the end, the Legislature approved a $4.3 million bump for Torrez?s of?ce, leaving the ?rst-term prosecutor as one of the biggest winners in the legislative session. He expressed con?dence during his media blitz that more money would translate to more convictions on DWI cases. know that if we can get to trial, we can win,? Torrcz told the Albuquerque Journal in a January article about the of?ce?s conviction rate on DWI cases. ?The problem is getting to trial. We?ve improved over the last year, and the dismissal rate dropped. We are in the process of ?xing many technical issues that lead to the dismissals.? 4/4