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Utilities Not To Blame In Wildfire, More Accusations Against Duran

Courtesy Santa Clara Pueblo

Attorney: Utilities Not To Blame For New Mexico Wildfire – Susan Montoya Bryan, The Associated Press

A defense attorney says it would have been difficult for utility workers to identify as a hazard the aspen tree that fell onto a power line and sparked one of the largest fires in New Mexico's recorded history.

Attorney Al Green used photographs of the tree in his opening statement Thursday in a case that will determine whether two utilities should be held liable for the Las Conchas fire.

Green dismissed claims that the Jemez Mountains Electric Cooperative acted negligently.

He says the utility has a tree-trimming program like other rural coops across the country and was abiding by its permit with the U.S. Forest Service to keep the right of way clear.

The June 2011 fire scorched more than 240 square miles of tinder-dry forest, destroyed dozens of homes and threatened one of the nation's premier government laboratories.

More Accusations Leveled Against High-Ranking NM OfficialThe Associated Press

A high-ranking New Mexico official charged with dozens of counts related to alleged campaign finance fraud is now facing allegations of identity theft.

The state attorney general's office filed a criminal complaint Friday afternoon in state district court accusing Secretary of State Dianna Duran of listing a former state lawmaker as treasurer of her campaign without his knowledge.

The complaint details an interview that investigators had with Don Kidd about his name being used on several reports filed by Duran as part of her 2010 campaign. Kidd said he had nothing to do with the campaign other than making a donation.

The complaint also stated that a review by investigators uncovered more than 100 transactions totaling more than $10,000 within bank statements that were not listed as campaign expenditures.

Roswell School Official Supports State Teacher EvaluationsThe Associated Press

The superintendent of a southern New Mexico school district said he supports the state's controversial teacher evaluation system, but has also gone against the state's policy by renewing the license of a teacher who received low ratings.

The testimony from Superintendent Tom Burris of the Roswell Independent School District came Tuesday, the third day of hearings in Santa Fe on a lawsuit filed by teachers and Democratic lawmakers.

The suit calls for a temporary injunction to stop evaluations based on testing.

Burris said he signed the renewed license application of a teacher who wasn't rated effective because his district is struggling with a staff shortage and he can't afford to lose any more teachers.

Burris said the evaluation system overall is a positive step in improving teacher's performance.

Professor: Historic Outhouses Underappreciated In SouthwestThe Associated Press

A New Mexico professor says outhouses are a key part of the Old West's history, and he wants people to show the iconic wooden structures more respect.

Richard Melzer is a University of New Mexico-Valencia history professor who has been researching the sheds and says they helped modernize areas like present-day New Mexico.

Melzer says there likely are hundreds of old outhouses throughout the Southwest, and aficionados are beginning to collect them. The small buildings often contain artifacts like cloth, seeds, old catalogues and household items.

Outhouses also are part of a number of properties across the U.S. that are listed on the National Register of Historic Places.

Melzer hopes his research into the historic lavatories encourages more conservation efforts.

Former Sandia Labs Employee Sentenced In Theft CaseThe Associated Press

A former employee of Sandia National Labs will serve three years of probation and pay restitution to the government in a theft case stemming from her use of a procurement card to make unauthorized purchases.

Theresa Romero was sentenced Friday in federal court in Albuquerque. She pleaded guilty July 1 to theft of government property.

In addition to being placed on probation, the 34-year-old Albuquerque resident was ordered to pay $32,542 of restitution to the National Nuclear Security Administration.

As part of her plea agreement, Romero agreed to forfeit numerous items seized by federal agencies.

Those included a stove, a comforter, sheets, a DVD player, a wet-dry vacuum, two BlackBerry phones, tennis shoes and numerous pieces of clothing, including Zumba pants.

Report: Navajo Nation Built Jails Much Larger Than NeededThe Associated Press

A new report contends the Navajo Nation wasted more than $30 million in federal funds by building excessively large jails.

The report from the U.S. Justice Department's Office of the Inspector General says the spending deprived other tribes of money for justice systems.

The tribe received $70 million in stimulus funding from the Justice Department to construct the jails in Tuba City and Kayenta. Tuba City opened in 2013. Kayenta hasn't opened.

A 2007 master plan called for a 48-bed jail in Tuba City and a 32-bed jail in Kayenta. The report says those numbers jumped to 132 and 80, respectively, without any documented approval.

Officials with the Navajo Nation and the Justice Department say the square footage of the facilities never increased and the projects were closely monitored.

State Corrections Department Sued Over Treatment Of WorkersThe Associated Press

A federal agency is suing the New Mexico Department of Corrections over treatment of older employees.

The Equal Employment Opportunities Commission says the Corrections Department discriminated against workers over age 40 in various ways regarding such matters as promotions, job assignments and conditions of employment.

The federal agency also alleges that the department retaliated against individuals who filed internal complaints or involved the EEOC.

The EEOC said it filed the lawsuit Friday in U.S. District Court in Albuquerque.

Department spokeswoman Alex Tomlin had no immediate comment on the suit. She said department officials had not seen it.

Crime Reports Increase At University Of New MexicoThe Associated Press

A safety report from the University of New Mexico shows the number of aggravated assault and stalking reports more than doubled on campus last year.

The report released Thursday also revealed a rise in the number of sexual assault reports, but university police say the results may be a little misleading.

Lt. Tim Stump says the findings don't necessarily mean that there is more crime, but that more people have been encouraged to report crimes. He also says crime remains relatively low for the population of the university.

The report found that aggravated assault reports grew to 15, up from six the previous year. Stalking incidents surged to 28 in 2014 from only four in 2013, and the number of sexual assaults increased from 12 to 18.

Judge Rules New Mexico Tree-Cutting Law Is Unconstitutional The Associated Press

A judge has struck down a state law that gave New Mexico counties the authority to clear overgrown areas on national forest land without having to get approval from the federal government.

Chief U.S. District Judge Christina Armijo issued a ruling this week invalidating the statute, saying it was unconstitutional.

Her ruling came in the case of an Otero County resolution that was based on the 2001 state law. The county passed its resolution in May 2011 and announced plans to thin more than 100 square miles on the Lincoln National Forest to reduce the threat of wildfire.

The U.S. Forest Service sued, saying federal law pre-empted the statute and the resolution.

Armijo ruled Congress — not the state or the county — has sole authority to control federal lands.

New Mexico Secretary Of State Eyes Tossing AG In Fraud Case – The Associated Press

An attorney for New Mexico Secretary of State Dianna Duran is asking a judge to disqualify the state's Attorney General's Office from Duran's pending fraud case.

Duran's lawyer Erlinda Ocampo Johnson filed late Wednesday a motion, arguing Attorney General Hector Balderas has a conflict of interest since he and Duran have sparred in the past. Johnson wrote it seems Balderas has a "vendetta" against Duran.

Attorney General spokesman James Hallinan says there is not conflict of interest and the office will address the matter in court. Hallinan says the Attorney General's Office also will no longer represent the Secretary of State's Office.

Duran is charged with funneling campaign contributions into personal bank accounts and later withdrawing large sums while frequenting New Mexico casinos.

She has pleaded not guilty.

Embattled Albuquerque Animal Welfare Director To Vacate Post – The Associated Press, The Albuquerque Journal

The head of Albuquerque's Animal Welfare Department is stepping down in the wake of complaints about dog adoptions and euthanasia.

The Albuquerque Journal reported Thursday that executive director Barbara Bruin will remain in her role until next month and then become an adviser for programs involving pet overpopulation.

Bruin was at the center of an investigation after several shelter workers alleged potentially dangerous dogs were adopted out, even after they had harmed humans or other animals.

City inspectors found Bruin had overruled staff decisions on euthanasia and violated city ordinances.

The report led to Mayor Richard Berry signing legislation to add four additional behavioral and adoption specialists to the department.

Berry was the one who appointed Bruin to the job in 2009.

No replacement for her was announced.

State Treasurer Accused Of Sexist, Racial Comments – The Associated Press

Gov. Susana Martinez's administration is terminating a deal it made with state Treasurer Tim Eichenberg's office, claiming that Eichenberg has made inappropriate comments to and about state employees.

The Albuquerque Journal reports that State Personnel Office Director Justin Najaka in a September letter to Eichenberg, said the agreement to provide human services assistance to the treasurer's office will end Oct. 15.

Najaka has accused Eichenberg of making sexist remarks to staff and contractors for the State Personnel Office, which is managed by Martinez's appointees, and commenting on the race of treasurer's office employees.

Eichenberg in a written statement denied the allegations, calling them a person attack.

Najaka also cited the treasurer's lack of communication with Personnel Office regarding personnel matters in canceling the agreement.

Judge Rules New Mexico Tree-Cutting Law Is Unconstitutional – The Associated Press

A judge has struck down a state law that gave New Mexico counties the authority to clear overgrown areas on national forest land without having to get approval from the federal government.

Chief U.S. District Judge Christina Armijo issued a ruling this week invalidating the statute, saying it was unconstitutional.

Her ruling came in the case of an Otero County resolution that was based on the 2001 state law. The county passed its resolution in May 2011 and announced plans to thin more than 100 square miles on the Lincoln National Forest to reduce the threat of wildfire.

The U.S. Forest Service sued, saying federal law pre-empted the statute and the resolution.

Armijo ruled Congress — not the state or the county — has sole authority to control federal lands.

Poet Simon Ortiz Headlines Southwest Writer Festival – The Associated Press

Native American poet Simon Ortiz and Dallas Morning News Mexico City bureau chief Alfredo Corchado are set to headline a gathering of Southwest writers in New Mexico.

The three-day "Southwest Festival of the Written Word" begins Friday at a number of venues in Silver City. The event brings readers and writers together every two years.

First held in 2013, the festival invited writers from Arizona, New Mexico and Texas.

Ortiz, who is an Acoma Pueblo, is the author of 1992's "Woven Stone" — a book that blends poetry and prose.

Corchado is the author of "Midnight in Mexico: A Reporter's Journey Through a Country's Descent into Darkness."

NM Carjacking Suspect At Large A Day After Evading Officers – The Associated Press

A carjacking suspect is at large a day after police say he pointed a gun at officers and fled in a stolen vehicle.

Police identified the suspect Thursday as 38-year-old Oscar Anchondo. He is suspected in three recent armed carjackings and three armed robberies.

Police Chief Gorden Eden says he is also wanted on a probation violation.

According to police, Anchondo drove away as two other carjacking suspects were being taken into custody Wednesday. He prompted an officer to fire at the moving vehicle after brandishing his weapon in the getaway.

Officers tracked the vehicle to a trailer park in northeast Albuquerque, where Eden said officers believed the suspect was hiding. They established a secured a perimeter around the area for hours, but by the end of the day, learned he wasn't there.

15-Year-Old To Stand Trial As Adult In Fatal Shooting – The Associated Press

A 15-year-old youth is accused of fatally shooting a 30-year-old man in Truth or Consequences.

District Attorney Clint Wellborn said a judge ruled during a preliminary hearing Thursday that the youth must stand trial as an adult on an open count of murder and a tampering with evidence charge.

State police said the youth surrendered soon after the Sept. 20 shooting death of Jonathan Regalado.

The Associated Press is not identifying the youth because of his age.

Wellborn said the youth would face up to life in prison if convicted of first-degree murder.

Defense attorney Lee Deschamps said the boy was clearly acting in self-defense. He says witnesses said Regalado was advancing toward his client with an object in his hand and a knife was found next to his body.

Deschamps says the victim had a violent relationship with the boy's mother and put a gun to her head just two weeks before the shooting.

Jane Fonda Sells New Mexico Ranch Listed At $19.5 Million – The Associated Press

Jane Fonda's ranch in northern New Mexico has finally sold after going on the market more than a year ago.

The Swan Land Co. of Bozeman, Montana, confirmed Thursday that the actress's Forked Lightning Ranch just north of Santa Fe has a buyer.

The owner of the real estate company, Mike Swan, could not release any details about the terms of the sale or the sales price due to confidentiality agreements. The original listing price was $19.5 million.

Fonda bought the ranch in 2000 and spent two years having a new 9,600-square-foot home built on the property. It was featured in the March 2014 issue of Architectural Digest.

The ranch also includes a guest home, a log house, a 12-stall horse barn and a gym.

FBI Statistics Show Violent Crime Down In New Mexico – The Associated Press

FBI statistics show the violent crime rate in New Mexico improved slightly in 2014 but remained significantly higher than the national rate.

The figures released this week also identify Espanola as the New Mexico city with the highest violent crime rate, due to a relatively high number of aggravated assault arrests in the small northern New Mexico city. All but 42 of the city's 265 violent crimes were classified as aggravated assault, while there were no new murder or non-negligent manslaughter cases in the community.

The Espanola Police Department did not immediately respond to a request for comment.

Statewide, there were roughly 597 violent crimes per 100,000 people — almost two times the national rate.

Mckinley County Allocates Liquor Tax Funds For Detox Center – The Associated Press, The Gallup Independent

McKinley County commissioners have allocated liquor excise tax funds for a detox center in Gallup.

The Gallup Independent reports that the resolution approved by the board Tuesday comes after the Navajo Nation Department of Behavioral Health announced that it would no longer operate the Gallup Detox Center.

Gallup officials approved a temporary agreement last month putting Na'nizhoozhi Center Inc. in charge of operations at the facility for five months starting in October.

County Attorney Douglas Decker says the county's resolution will allocate about $500,000 in liquor excise tax money and some of the projected revenue from fiscal year 2016 to pay for operations at the detox center. The remaining $378,000 in liquor excise tax revenue projected to come in 2016 remains unallocated.