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Senator Wants Attorney General Opinion On Testing, DOE Plans To Send Plutonium To WIPP

Rita Daniels
Connor Guiney, Daniel Schilling and Anna Bentham-Grey organized a mass walkout at Highland High School in 2015.

New Mexico Senator Seeks Opinion On Student TestingAssociated Press

A state senator from southwest New Mexico wants Attorney General Hector Balderas to weigh in on whether parents can legally opt out their children from taking an upcoming standardized test.

Democrat Howie Morales of Silver City says parents have a fundamental right to direct the education of their children and that includes whether they take assessments developed by the Partnership for Assessment of Readiness for College and Careers, or PARCC.

Morales sent a letter to Balderas on Thursday, asking for a formal opinion.

Balderas' office is reviewing the request.

Testing will begin for some students next week, while others will start taking the exams later in the month.

Morales says there's confusion because some school districts are telling parents they don't have a right for their children to opt out.

Judge Grants Order Halting School Bus StrikeLas Cruces Sun-News

A judge has issued a restraining order preventing a planned strike by school bus drivers in Las Cruces.

The Las Cruces Sun-News reports Third Judicial District Court Judge James T. Martin granted the request by Las Cruces Public Schools after contract negotiations broke down on Wednesday between Las Cruces Transportation Federation Local 6341 representing the drivers and STS of New Mexico, the private company providing bus service to the district.

The order is temporary and prevents the union from calling a strike and prevents union members from picketing the school district property. It also orders the parties to seek another method of resolving the dispute.

A hearing is scheduled for April 12.

DOE Plans To Ship Plutonium To WIPP – Santa Fe New Mexican, Albuquerque Journal

The Department of Energy plans to send more than six tons of plutonium to an underground repository in southern New Mexico even though the facility is still closed.

The Santa Fe New Mexican reports the weapons-grade plutonium will come from the Savannah River Site in South Carolina, raising concerns about transporting it across the country. South Carolina has been fining DOE $1 million daily for not removing the waste.

The Waste Isolation Pilot Plant has been closed since February 2014 after a radiation release caused by a container of waste that had been inappropriately packed and shipped from Los Alamos National Laboratory.

WIPP is scheduled to re-open by the end of the year, reports the Albuquerque Journal. But Environment Secretary Ryan Flynn said that deadline is contingent upon it being safe to resume operations at the site.

New Communication System Installed At Nuclear Waste DumpAssociated Press

Workers at the federal government's underground nuclear waste dump in southern New Mexico will be able to signal officials aboveground in the event of an emergency thanks to a new wireless communication system.

The U.S. Department of Energy and the repository's manager announced the installation of the system Thursday. It includes audible and flashing alarms and allows for two-way voice and text communication.

The system also provides for real-time tracking of all personnel entering the underground facility.

The Waste Isolation Pilot Plant has adopted a host of changes aimed at improving safety in the wake of a radiation release in February 2014 that forced the closure of the repository.

The release was caused by a container of waste that had been inappropriately packed and shipped from Los Alamos National Laboratory.

Albuquerque Settles With Student Kneed By Police OfficerAlbuquerque Journal, Associated Press

The city of Albuquerque has agreed to pay $245,000 to a University of New Mexico law student who was kneed in the groin by a police officer.

The Albuquerque Journal reports that the city has settled with Jeremy Martin, who was forced to undergo emergency surgery to remove a testicle after the officer kneed him during an April 2014 traffic stop.

Martin's attorney says his client is satisfied with the settlement, though he obviously wishes the incident had never occurred.

The police officer, Pablo Padilla, has been charged with aggravated battery causing great bodily harm and tampering with evidence. He is scheduled to stand trial in June.

UFC's Jon Jones Ordered To Take Anger Management ClassAssociated Press

Former UFC light heavyweight champion Jon "Bones" Jones will have to take anger management and driver improvement classes and do more community service for violating his probation from a previous hit-and-run crash.

Jones appeared in court Thursday. He was wearing an orange jumpsuit and had his hands cuffed after having spent three days in jail.

His latest legal troubles came after being stopped last week for allegedly drag racing in downtown Albuquerque, not far from the gym where he trains. He was issued five traffic citations but has denied the allegations.

His attorneys reiterated during Thursday's hearing that they believe the citations are bogus and that Jones was profiled.

Jones is scheduled to fight Daniel Cormier at the end of April for the light heavyweight title.

Officials Elevate Fire Danger Rating On Lincoln ForestAssociated Press

Officials on the Lincoln National Forest have elevated the fire danger rating to high due to a combination of windy, warm weather and persistent drought.

The new rating will be reflected on signs across the southern New Mexico forest starting Friday.

Officials say the rating indicates that grass and other fine fuels can ignite easily and fires can start quickly from most causes. Unattended campfires also are more likely to escape.

Under the current conditions, spark arrestors are required on chainsaws and off-road vehicles. Parking in grass is discouraged and the tossing of cigarettes and use of fireworks is prohibited.

There currently are no fire restrictions on the forest, but officials say conditions are monitored daily to determine if and when changes need to be made.

Explorers Leave No Passage Unmapped At Blue HoleAssociated Press

The head of a group of elite divers who have been exploring the underwater cave system below New Mexico's famed Blue Hole says no more exploration is necessary.

This comes after one of the team's divers died last week during the survey from what authorities say appears to be an accidental drowning.

Santa Rosa Police Chief Jude Gallegos says 43-year-old Shane Thompson and another member of a dive group were about 160 feet below the surface when the incident happened.

Curt Bowen of the ADM Exploration Foundation says the team explored every cave passage they could fit through and the system ended in a tight rock breakdown at a depth of 194 feet.

Due to the extreme environment, the city has accepted the group's recommendation that the cave system remain off-limits to the public.

The divers have covered and secured the grate at the bottom of the swimming hole to prevent untrained divers from entering.

Bowen plans to complete a three-dimensional map illustrating the entire Blue Hole system.

State Officials Plan To Fire Corrections Van Officers – Albuquerque Journal

Officials with the New Mexico Corrections Department plan to fire two officers who were on duty last month when violent inmates escaped from a prison transport van in southern New Mexico.

The Albuquerque Journal reports officials would not comment on any pending decisions. But the union representing Taracina Morgan and Michael Ortega said letters were sent to them confirming the state’s intention to fire them.

An official with the American Federation of State, County and Municipal Employees union said it will fight the firing. There have been questions raised about how long the officers were on the shift, whether they had appropriate training and if there were too many inmates in the van.

The two men who escaped when the van stopped to refuel in Artesia were later apprehended in Albuquerque.

New Mexico Officials, Immigrants Clash Over Tax Returns — The Associated Press
 

Civil rights groups are seeking a court order to stop New Mexico taxation officials from withholding refunds of excess tax payments from immigrants who file under an alternative tax identification number provided by the federal government.

Attorney David Urias said Friday that the request for an injunction was filed in anticipation of April tax deadlines, as a lawsuit over the immigrant tax returns makes its way through a state district court in Santa Fe.

The New Mexico Taxation and Revenue Department says it seeks additional information as a precaution against fraud from foreign nationals who use a federally issued identification number instead of a social security number. The department declined to say how much money has been withheld from those filers since the procedure was implemented in 2012.

Tribe Can Seek Potentially Millions From Urban Outfitters — The Associated Press
 

A federal judge has cleared the way for the Navajo Nation to seek potentially millions of dollars in its 2012 lawsuit over Urban Outfitters' use of the "Navajo" name.

U.S. District Judge Bruce Black ruled Thursday that the tribe didn't unreasonably delay a trademark infringement challenge against the clothing retailer.

Urban Outfitters Inc. had claimed the tribe knew or should have known the name had been used in clothing, jewelry and other merchandise for years and delayed filing a lawsuit, prejudicing the company.

Black says there's no evidence anyone legally associated with the tribe knew the retailer used its trademarks until June 2011.

The ruling applies to Urban Outfitters and one of its subsidiaries, Anthropologie. The judge held off on determining whether it applies to another subsidiary, Free People LLC.

Woman Gets Probation For Stealing From Police Evidence Room —The Associated Press
 

A Farmington woman has been sentenced to probation for stealing drugs and cash from the police department's evidence room.

The Daily Times reports that the judge also ordered former police evidence technician Ashley Goodvoyce to pay $45,000 in fines and write letters of apology to her former coworkers, police officials and the San Juan County District Attorney's Office.

Judge John Dean says he initially thought Goodvoyce should go to prison, but decided on probation after hearing testimony from Farmington Police Chief Steve Hebbe.

Hebbe said he hopes Goodvoyce will be able to get her life back on track.

Goodvoyce did not address the judge and declined to answer questions after the hearing. Her attorney pointed out that she cooperated fully with the investigation and has no prior criminal record.

Video Depicts Chaotic Scene As Lieutenant Shoots Colleague — The Associated Press
 

Albuquerque police have released body camera video from an undercover drug bust that shows a chaotic and emotional scene unfold as a lieutenant mistakenly shoots a fellow detective, hitting him eight times and damaging most of his vital organs.

Police released the video late Thursday, the day after announcing a $6.5 million settlement with Jacob Grant. The city also agreed to pay the detective's medical expenses for life.

The video shows officers in 2015 descending upon a car that contained Grant, another undercover officer and two suspects from whom they were going to buy $60 worth of drugs.

Grant's supervisor, Lt. Greg Brachle, approaches and opens the rear passenger door where Grant is sitting. He yells "gun, gun, gun" and then starts shooting.

Loud cries and obscenities can be heard from Brachle as he realizes the mistake.

Albuquerque Schools To Check Backgrounds Of Pre-1999 Hires The Associated Press
 

Albuquerque Public Schools is completing background checks on almost 2,000 employees hired before 1999.

The Albuquerque Journal reports that next week the district will fingerprint the first batch of 300 employees who were hired before such vetting became mandatory in 1999. The checks are part of several rules the APS Board of Education approved last month.

APS spokeswoman Karen Rudys says she does not anticipate any problems with the 2,000 employees who had been grandfathered in.

The increased attention on background checks comes after then Deputy Superintendent Jason Martinez resigned Aug. 18 after it surfaced he was facing sexual assault on a child charges in Colorado. Martinez did not complete a background check despite working for APS for a few months.

New Mexico Taps Experts In Prison-Escape Probe — The Associated Press
 

The New Mexico Department of Corrections is inviting a team of outside law enforcement and prison experts to review what went wrong in the recent escape of two violent felons from a transport van.

The Corrections Department says its review will look at possible security breakdowns extending from corrections guards to top prison administrators and more arrests are possible.

Corrections union representative Miles Conway says the state of New Mexico plans to fire the two guards who were in charge of a transport van when two violent felons escaped.

The shackled inmates slipped by transport officers Taracina Morgan and Michael Ortega during a fuel stop March 9 along a remote New Mexico highway. The escape went undetected for hours before the transport van arrived in Las Cruces.

Authorities re-apprehended inmates Joseph Cruz and Lionel Clah on March 11 and 12.

Police: 2 Dead, 1 Injured In New Mexico Restaurant Shooting – The Associated Press

Albuquerque police say two people are dead and another is injured following a shooting at the House of Pho Vietnamese restaurant on the city's northeast side.

Police spokesman Tanner Tixier says the shooting happened Friday afternoon and may stem from a domestic violence situation. He noted that investigators were only beginning their work and had numerous witnesses to talk to.

Officers spotted the suspect's vehicle after a flood of 911 calls came in. The driver pulled over after officers initiated a traffic stop and they believe that's when he shot himself.

Tixier says officers haven't been able to get inside the vehicle because they spotted some suspicious items and were waiting for the bomb squad to clear the area.

Authorities did not immediately release the names of the victims or suspect.