Courts

Los Alamos Resident Greg White Files Suit In New Mexico Supreme Court Against County Council

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Los Alamos resident Greg White at a council meeting. Photo by Carol A. Clark/ladailypost.com
 
By MAIRE O’NEILL
Los Alamos Daily Post
maire@ladailypost.com
 

Los Alamos resident Greg White has filed a verified petition for a writ of prohibition against the Los Alamos County Council and the Incorporated County of Los Alamos with the New Mexico Supreme Court requesting that the Court exercise jurisdiction. The petition, filed Oct.17, lists Los Alamos County Sheriff Marco Lucero as an interested party.

White recently announced that he will be a candidate for sheriff in 2018.

The Read More

County Settles Tort Claim For $4,000

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

A suit filed against the Los Alamos County Council, Police Chief Dino Sgambellone, Ofc. David Bradshaw and Ofc. Joseph Ortega seeking damages for assault, battery and false imprisonment under the New Mexico Tort Claims Act has been dismissed and the County has agreed to pay Andrew Abeyta $4,000 in settlement.

Under the terms of the agreement, which was executed in September, Abeyta will pay all his own attorney’s costs and the County will not admit to any fault or wrongdoing.

The alleged incident occurred Dec. 24, 2013 while Abeyta Read More

Response Filed In IPRA Suit Against County Council

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

Court documents filed Oct. 10 on behalf of Patrick Brenner and his mother Lisa Brenner state that there is no “win-win” in a proposal by Los Alamos County Council unless the Inspection of Public Records Act (IPRA) is complied with in a case involving emails in a personal account belonging to County Council Vice Chair Susan O’Leary.

The Brenners had asked the County through its Custodian of Public Records Barb Ricci to release every email by every Councilor from May 15 but O’Leary has maintained that she has a privacy interest and legitimate Read More

FBI: David A. Hickman Pleads Guilty To Using Fire Or Explosives To Damage Or Destroy Buildings

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FBI News:
 
ALBUQUERQUE ― David A. Hickman, 28, of Albuquerque, pleaded guilty in Federal Court to five counts of damaging and destroying buildings used in interstate commerce by fire or explosive. 
 
Although Hickman pled guilty to five arson counts, in his plea agreement, Hickman acknowledged igniting arson fires that damaged or destroyed nine businesses engaged in interstate commerce in Albuquerque between Nov. 16, 2016 and Nov. 26, 2106. The plea agreement includes a recommendation that Hickman be sentenced to a term of imprisonment within the
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Man Extradited To Los Alamos For Alleged Crimes Against A Child

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

Tyson Collins, 24, was charged Oct. 10 with child solicitation by electronic communication device, sexual exploitation of children and criminal sexual communication with a child. The warrant was requested by Los Alamos Police Det. Matt Lyon and signed by Magistrate Judge Pat Casados July 12.

Collins was taken into custody July 26 by Centralia Police Department in Lewis County, Wash., and was finally extradited to Los Alamos last week. Deputy District Attorney Kent Wahlquist filed a motion Oct. 11

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Coleman Smith Appeals Municipal Court Judgment

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Staff Report 

 

Attorney Marc W. Edwards has filed a notice of intent to appeal a judgment and sentencing handed down by Municipal Judge Alan Kirk to the First Judicial District Court on behalf of his client, Coleman A. Smith of Los Alamos.

Smith had pleaded not guilty but Judge Kirk found him guilty Sept. 22 of the charges of driving while under the influence of intoxicating liquor or drugs and prohibited activities while driving.

On the DUI charge, Smith received a sentence of 90 days in jail with 87 days suspended. He was ordered to pay a $500 fine or do community service at a rate of $10 Read More

Los Alamos Police Blotter: Oct. 10, 2017

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LAPD News:

The following information is provided by the Los Alamos Police Department.

Neither arrests nor charges indicate a conviction, and neither means that a person is guilty of the charges against them.

DESIREE NITZ

Oct. 10 at 12 a.m. / Los Alamos police arrested Desiree Nitz, 27, of Los Alamos at 2500 Trinity Dr., on an outstanding District Court warrant.

 

 

TYSON M. COLLINS

Oct. 10 at 9:04 p.m. / Los Alamos police arrested Tyson M. Collins, 24, of Los Alamos at 2500 Trinity Dr., on an outstanding Magistrate Court warrant. Read More

Appeals Court Sends Mallory Case To General Calendar

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Staff Report

 

The New Mexico Court of Appeals has assigned the case of Scott Mallory to the general calendar. A decision by First Judicial District Judge T. Glenn Ellington May 18 to suppress evidence found on Scott Mallory’s computer was appealed by the District Attorney’s office after Judge Ellington ruled that Mallory’s spousal privilege was violated and information on his computer and any statements made by Mallory to police were to be suppressed.

 

Mallory was arrested by Los Alamos Police Department in January 2016 and charged with sexual exploitation of children Read More

Letter To The Editor: County Action Restores My Hope

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By ANNE HAWES
Los Alamos
 

FINALLY! I had lost all hope that Los Alamos County would take a stand against the downright bullying of our sheriff.

 
From the first day he was elected as sheriff he has had his own agenda, not the citizens of Los Alamos County, of what the duties of our sheriff should be. And, he has been trying his best to shove it down our throats.
 
Last year it was placed on a ballot about whether the citizens wanted to keep or abolish the position of sheriff in Los Alamos County. The citizens voted to keep it and not by a huge margin. Since then, Lucero has made statements
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Los Alamos County Files Petition For Cease And Desist Against Sheriff

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By MAIRE O’NEILL 
Los Alamos Daily post 

Los Alamos County has asked the First Judicial District Court to issue a temporary restraining order requiring local Sheriff Marco Lucero to cease and desist from enforcing state law and County ordinances.

In a verified petition for a temporary restraining order, preliminary injunction and permanent injunction filed Oct. 5, the County alleges that until Lucero came into office, the elected Sheriff of Los Alamos County has complied with the limits imposed on the Office of Sheriff by the adoption of an amendment

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