Courts

Sheriff’s Attorney Files Brief In Advance Of Hearing At Los Alamos Justice Center May 10

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By MAIRE O’NEILL
Los Alamos Daily Post

Sheriff Marco Lucero’s attorney Blair Dunn filed his response in First Judicial District Court Thursday to Los Alamos County’s brief in support of a restraining order, preliminary injunction and permanent injunction against Lucero. A hearing on the case is slated for 10 a.m., May 10 at the Los Alamos Justice Center before Judge Francis J. Mathew.

Los Alamos County Attorney Alvin Leaphart maintains in his April 29 brief that Lucero has unlawfully exceeded the limits placed on his elective office by the citizens of Read More

Hearing On Sheriff’s Suit Against Attorney General Slated For May 15 In Los Alamos

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By MAIRE O’NEILL
Los Alamos Daily Post

First Judicial District Judge David K. Thomson has slated a hearing in a suit filed by Los Alamos County Sheriff Marco Lucero against Attorney General Hector Balderas and his records custodian Patricia Salazar for 11 a.m., May 15 at the Los Alamos Justice Center.

Lucero’s suit, which was filed by his attorney Blair Dunn, accuses Balderas of withholding a 2016 memorandum containing an opinion or evaluation of the ongoing dispute involving the Los Alamos County Sheriff’s duties. Dunn is a candidate for Balderas’ position in this Read More

Magistrate Court Briefs From April 27 Docket

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MAGISTRATE COURT News:

Gregory Cayton, 37, of Los Alamos was given a suspended sentence Friday of 364 days and placed on supervised probation for 364 days on a charge of battery of a household member. He was arrested March 16 after Los Alamos Police Cpl. Emmanuel Rodriguez responded to a report of a domestic dispute at a Beryl Street address in White Rock.

Deputy District Attorney Kent Wahlquist told Magistrate Judge Pat Casados that Cayton does not have any prior convictions and that neither he nor the victim had a problem with Cayton being granted probation. Wahlquist said he was fine with Cayton Read More

New Mexico Supreme Court Justice Gary L. Clingman Takes Oath Of Office

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Justice Clingman taking the oath of office from Chief Justice Nakamura and Justice Clingman after the ceremony. Courtesy/Administrative Office of the Courts
 
Justice Clingman. Courtesy/Administrative Office of the Courts
 
NMSC News:
 
SANTA FE ― New Mexico Supreme Court Justice Gary L. Clingman was sworn into office Monday. Justice Clingman succeeds Justice Edward L. Chávez, who retired in March.
 
Chief Justice Judith K. Nakamura administered the oath of office to Justice Clingman during a ceremony in the Supreme Court building. A public investiture ceremony
Read More

Bench Warrant Issued For John Turner For Alleged Crimes Against Child

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By MAIRE O’NEILL
Los Alamos Daily Post

A bench warrant has been issued by Los Alamos Magistrate Judge Pat Casados for a former Los Alamos resident after he failed to appear in Court Friday for a preliminary hearing.

John Turner, 48, now lives in Vancouver, Wash., and is charged with three counts of criminal sexual contact of a minor under 13, by causing the child to allegedly touch him inappropriately when she was 12 years old.

Los Alamos Police Department records indicate that in 2015, a young woman came to the Department and reported that she was sexually abused as Read More

Former LAPD Officer Charged With Aggravated Assault

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By MAIRE O’NEILL
Los Alamos Daily Post
maire@ladailypost.com

Former Los Alamos Police Officer David Bradshaw has been charged with aggravated assault following an incident in Roswell where he allegedly followed another vehicle home while off-duty and pulled a gun on the driver.

Bradshaw is now a Chaves County Sheriff’s Deputy.

The affidavit filed by the investigating officers states that the victim reported that he was driving behind a newer black Ford pick-up and decided to pass the truck which he then perceived to be following him. The victim was driving a yellow Ford Read More

Greg White Files Recall Petitions In District Court Against Three More Los Alamos County Councilors

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Greg White
 
By MAIRE O’NEILL
Los Alamos Daily Post
maire@ladailypost.com

Los Alamos resident Greg White has filed petitions for the recall of Los Alamos County Councilors, Susan O’Leary, Antonio Maggiore and Rick Reiss.

The petitions, filed in First Judicial District Court in Santa Fe late Monday each contain more than 30 counts alleging wrongdoing by the three councilors mostly in connection with the ongoing issue of the duties of the Los Alamos County Sheriff. White has indicated that he will also be filing a petition for recall against Councilor Christine Chandler.

All three councilors Read More

Attorney General Hector Balderas Files Brief In Support Of Misclassified Employees’ Rights To Organize

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Attorney General Hector Balderas

From the Office of Attorney General Hector Balderas:

ALBUQUERQUE – Attorney General Hector Balderas, as a part of a coalition of 12 state attorneys general, filed a brief Monday to the National Labor Relations Board in support of a decision against Velox Express Inc. that concluded its misclassification of employees as independent contractors constituted an unfair labor practice in violation of the National Labor Relations Act.

The Administrative Law Judge in the case Velox Express Inc. vs. Jeannie Edge determined that Velox Express, an Indiana-based Read More

State Supreme Court Rules Against Challenge To Award Damages For Construction Worker’s Death

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STATE SUPREME COURT News:

SANTA FE – The state Supreme Court ruled Monday that the family of a construction worker killed in a job site accident cannot challenge a jury verdict awarding damages to individual family members but nothing to the ironworker’s estate.

 

The Court’s unanimous decision reversed a ruling by the Court of Appeals that had granted a new trial on the issue of damages to the estate.

 

A wrongful death lawsuit was brought by Virginia Saenz acting in three different capacities: individually, on behalf of a daughter and as the personal representative of the estate of Read More

Letter To The Editor: Sheriff Controversy Enters Litigation Phase

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By GEORGE CHANDLER
Los Alamos

The Sheriff controversy is now in the litigation phase and it appears a decision approaches on actions filed by the Sheriff and the County, which have been consolidated into one action. In a nutshell, the Sheriff asks the court for an injunction requiring the county to fully fund a second law enforcement agency in Los Alamos County, and the County seeks an injunction preventing the Sheriff from performing any law enforcement duties. In the hope I can shed some light on the issues, I offer a brief summary.

The Sheriff’s position has always been that state law and the constitution Read More