New Mexico In Focus
U.S. Attorney on APD DWI Corruption Case
Season 17 Episode 37 | 56m 42sVideo has Closed Captions
U.S. Attorney Alexander Uballez speaks on alleged corruption at APD's DWI Unit.
This week, U.S. Attorney Alexander Uballez speaks on the processes at play in the federal investigation into alleged corruption at the Albuquerque Police Department's DWI unit. We hear from two survivors of the Hermit's Peak/Calf-Canyon Fire who are still waiting on federal assistance. Laura Paskus takes us to Apache Creek for an inside look at the federal government's annual Mexican Wolf count.
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New Mexico In Focus is a local public television program presented by NMPBS
New Mexico In Focus
U.S. Attorney on APD DWI Corruption Case
Season 17 Episode 37 | 56m 42sVideo has Closed Captions
This week, U.S. Attorney Alexander Uballez speaks on the processes at play in the federal investigation into alleged corruption at the Albuquerque Police Department's DWI unit. We hear from two survivors of the Hermit's Peak/Calf-Canyon Fire who are still waiting on federal assistance. Laura Paskus takes us to Apache Creek for an inside look at the federal government's annual Mexican Wolf count.
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Learn Moreabout PBS online sponsorship>> FUNDING FOR NEW MEXICO IN FOCUS PROVIDED BY VIEWERS LIKE YOU.
>> Lou: THIS WEEK ON NEW MEXICO IN FOCUS, WALKING THE FINE LINE.
U.S. ATTORNEY ALEXANDER UBALLEZ IS TRYING TO EXPLAIN HOW HE IS TRYING TO ENSURE PUBLIC TRUST WITHOUT SPOILING HIS INVESTIGATION INTO ALLEGATIONS OF CORRUPTION WITHIN THE ALBUQUERQUE POLICE DEPARTMENT'S DWI UNIT.
>> Uballez: THERE IS AN INTEREST FOR THE PUBLIC TO KNOW BROADLY WHAT THEIR JUSTICE DEPARTMENT IS DOING, KNOW THAT WE ARE DOING THE JOB AND NOT ASLEEP AT THE WHEEL AND KNOW THAT IT IS FUNCTIONING CORRECTLY.
>> Lou: AND BRINGING BACK THE PACK.
THE OUR LAND TEAM TAGS ALONG WITH FEDERAL AND STATE BIOLOGISTS AND VETERINARIANS DURING THE U.S.
FISH AND WILDLIFE SERVICES ANNUAL MEXICAN WOLF COUNT.
NEW MEXICO IN FOCUS STARTS NOW.
THANKS FOR JOINING US THIS WEEK.
I AM SENIOR PRODUCER LOU DIVIZIO.
A JURY HAS FOUND HANNAH GUTIERREZ REED GUILTY OF INVOLUNTARY MANSLAUGHTER IN THE SHOOTING DEATH OF CINEMATOGRAPHER HALYNA HUTCHINS.
THE VERDICT FOR THE RUST FILM SET ARMORER CAME DOWN WEDNESDAY AFTER JUST FEW HOURS OF DELIBERATION.
WE'LL HAVE MORE DETAILS COMING UP AT THE END OF THE SHOW.
AT THE BOTTOM OF THE HOUR, OUR LANDS' LAURA PASKUS TAKES US TO APACHE CHEEK TO GIVE US THE LATEST NUMBERS ON MEXICAN WOLVES AND SHOWS EXACTLY HOW BIOLOGISTS COLLECT THE INFORMATION THEY NEED TO PROTECT AND MONITOR THE ENDANGERED SPECIES.
AS THE LARGEST WILDFIRE IN TEXAS HISTORY CONTINUES TO BURN, WE HAVE AN UPDATE ON NEW MEXICO'S LARGEST EVER FIRE AND THE PEOPLE IMPACTED.
IN 2022, THE HERMIT'S PEAK CALF CANYON FIRE INCINERATED NEARLY 350,000 ACRES IN NORTHERN NEW MEXICO.
AND PEOPLE WHO LIVED ON THAT LAND ARE STILL WAITING FOR FEDERAL ASSISTANCE.
IN A LITTLE OVER 15 MINUTES JOURNALIST PATRICK LOHMANN FROM SOURCE NEW MEXICO SPEAKS WITH TWO OF THE SURVIVORS TO CHECK IN ON THE SUPPORT THEY HAVE RECEIVED AND WHAT THEY ARE STILL WAITING ON.
BUT WE BEGIN TONIGHT WITH THE FIRST OF A TWO-PART CONVERSATION YOU'LL ONLY SEE ON NMPBS BETWEEN EXECUTIVE PRODUCER JEFF PROCTOR AND ALEXANDER UBALLEZ, U.S. ATTORNEY FOR THE DISTRICT OF NEW MEXICO.
THE BROAD FRAME OF THIS DISCUSSION IS THE ONGOING FEDERAL INVESTIGATION INTO AN ALLEGED SCHEME THAT SAW ALBUQUERQUE POLICE OFFICERS WORKING YOU ILLEGALLY WITH AT LEAST ONE LOCAL ATTORNEY AND HIS PARALEGAL TO MAKE DWI CASES GO AWAY.
UBALLEZ IS OVERSEEING THE INVESTIGATION WHICH CRASHED INTO PUBLIC VIEW ON JANUARY 18.
THAT IS WHEN FBI AGENTS RAIDED THE HOMES AND OFFICES OF THAT ATTORNEY AND HIS PARALEGAL AND EXECUTED MORE SEARCH WARRANTS AT THE HOMES OF SOME OF THOSE COPS.
TO RECAP SOME OF THE FALLOUT SO FAR, TWO OFFICERS HAVE RESIGNED, SEVERAL OTHERS ARE ON LEAVE AND BERNALILLO COUNTY DISTRICT ATTORNEY, SAM BREGMAN, HAS DISMISSED 200 DWI CASES AND COUNTING.
U.S. ATTORNEY UBALLEZ TOOK THE UNUSUAL STEP IN JANUARY OF CONFIRMING THE INVESTIGATION IN LETTERS TO BREGMAN AND POLICE CHIEF HERALD MEDINA, BUT HE HAS NOT SPOKEN PUBLICLY ABOUT IT UNTIL NOW.
HE KEPT MOST OF THE DETAILS OF THE INVESTIGATION CLOSE TO THE VEST BUT SPENT NEARLY HALF AN HOUR WITH JEFF TALKING ABOUT PROCESS, THE PUBLIC'S RIGHT TO KNOW AND MORE.
PART ONE OF THEIR CONVERSATION BEGINS WITH ONE OF JEFF'S LEAST FAVORITE PHRASES IN THE ENGLISH LANGUAGE.
>> Jeff: ALEX, THANKS SO MUCH FOR JOINING ME TODAY AND WELCOME BACK TO NEW MEXICO IN FOCUS.
>> Uballez: THANKS FOR HAVING ME.
>> Jeff: I WOULD LIKE TO START WITH A PHRASE THAT I HAVE HEARD ENTIRELY TOO MANY TIMES IN THE COURSE OF DOING JOURNALISM FOR 20 YEARS.
THE PHRASE IS, WE CAN NEITHER CONFIRM NOR DENY THE EXISTENCE OF AN INVESTIGATION.
SO THAT IS SORT OF THE DEFAULT SETTING FOR THE U.S. ATTORNEY'S OFFICE.
WHY IS THAT?
>> Uballez: THERE IS A NUMBER OF EQUITIES THAT WE PROTECT, YOU KNOW, IN JUSTICE.
WE ARE ENTRUSTED AS PROSECUTORS BUT ESPECIALLY DEPARTMENT OF JUSTICE PROSECUTORS WITH THIS HUGE POWER, RIGHT?
EVEN TO KNOW THAT YOU ARE BEING ACCUSED OR SOMEBODY IS BEING ACCUSED OF A CRIME, RIGHT, HAS A HUGE IMPACT ON THEIR LIFE, ON THE PEOPLE AROUND THEM.
SO, TO PROTECT THE RIGHTS OF PEOPLE, WE HAVE TO ALWAYS BALANCE A NUMBER OF THINGS WHEN WE APPROACH ANY CASE, RIGHT.
SO THE ANSWER YOU HAVE RECEIVED, YOU HAVE DOUBTLESS RECEIVED IN YEARS OF SPEAKING WITH US ABOUT EITHER INVESTIGATIONS YOU EXPECT ARE ONGOING OR CASES EVEN THAT MIGHT BE PENDING, YET WE ARE NOT GOING TO GIVE YOU ANYTHING ON IT UNTIL IT IS SENTENCED.
WE PROTECT A NUMBER OF EQUITIES HERE IN THE DEPARTMENT OF JUSTICE.
THE FIRST, OF COURSE, IS A PERSON'S RIGHT TO A FAIR TRIAL.
RIGHT.
SO, IF WE START GETTING OUT IN THE PUBLIC AND TALKING ABOUT THINGS WE HAVEN'T PROVEN IN COURT THEN THAT PERSON'S JURY POOL IS HEARING THESE THINGS AND THAT ONLY MAKES IT MORE DIFFICULT FOR US TO PICK THE JURY IN THE FIRST PLACE, BUT IT MAKES IT MORE DIFFICULT FOR PERSON TO HAVE A FAIR JURY, RIGHT, SOMEONE WHO IS GOING TO HEAR THE FACTS FOR THE FIRST TIME, FROM THE PARTIES, IN A SITUATION WHERE A JUDGE IS OVERSEEING AND DETERMINING WHAT IS LEGAL TO COME IN AND WHAT IS WAS NOT.
WE WANT UNTAINTED JURIES.
THE SECOND PART IS PEOPLES' RIGHT TO PRIVACY, RIGHT.
SO IF YOU HAVE A TARGET OF A FEDERAL INVESTIGATION, I AM NOT GOING TO TELL OTHER PEOPLE BECAUSE THAT COULD AFFECT YOUR JOB, YOUR MARRIAGE, IT COULD AFFECT YOUR FRIENDS.
AND SO THIS IS A THING THAT IF RELEASED PUBLICLY, HAS A HUGE AND DELETERIOUS EFFECT ON YOUR RIGHT AS A DEFENDANT.
YOU BALANCE THESE AGAINST A COUPLE OTHER INTERESTS INCLUDING OUR RIGHTS, YOU KNOW, OUR INTERESTS, OUR JOBS WHICH IS CHARGED WITH PUBLIC SAFETY.
SO WE HAVE TO BALANCE THE SAFETY OF THE PUBLIC, THE NEEDS OF THE PUBLIC IN SECURING THEIR SAFETY AGAINST WHATEVER CRIME OR ALLEGATION IT IS.
FINALLY, THERE IS THE INTERESTS THAT YOU PROTECT HERE, WHICH IS THE INTEREST OF THE PUBLIC TO KNOW, TO KNOW BROADLY WHAT THEIR JUSTICE DEPARTMENT IS DOING, KNOW THAT WE ARE DOING THE JOB AND NOT ASLEEP AT THE WHEEL AND KNOW THAT IT IS FUNCTIONING CORRECTLY.
AND SO WE HAVE THE FOUR AREAS THAT WE HAVE TO PROTECT IN EVERY SINGLE CASE.
THE CLEAREST LINE THAT WE FOUND TO DRAW HERE IS THE ONE OF INDICTMENTS, RIGHT.
WHEN WE HAVE TAKEN IT TO A GRAND JURY OR WE HAVE TAKEN A COMPLAINT TO A JUDGE AND THAT PERSON OR THAT GRAND JURY HAS SAID, WE ARE FINDING BY PROBABLE CAUSE THAT THESE OFFENSES HAPPENED, THAT STOP GAP HAS BEEN CROSSED IN THE SYSTEM AND THEREFORE WE ARE FORMALLY ACCUSING PEOPLE.
WE TAKE OUR RESPONSIBILITIES IN ADVANCE OF THIS CHARGING DECISION VERY, VERY SERIOUSLY.
THERE IS A LOT THAT WE DO IN ADVANCE OF CHARGES BEING BROUGHT AGAINST SOMEONE BECAUSE WE KNOW THE IMPACT IT HAS ON PEOPLES' LIVES.
BUT EVEN THEN YOU'LL SEE, IN OUR PRESS RELEASES AND IN OUR DISCUSSION AND ANSWERING OF QUESTIONS EVEN AFTER CHARGING, WE KEEP VERY CLOSELY TO JUST THE THINGS THAT WE HAVE SAID IN COURT AND ON THE RECORD, BECAUSE WHEN WE SAY THINGS IN COURT AND ON THE RECORD, WE ARE RESPONSIBLE, WE ARE HELD TO ACCOUNT FOR THE VERACITY OF THOSE STATEMENTS IN FRONT OF A JUDGE.
THE SAME CAN'T BE SAID TO BE TRUE ABOUT STATEMENTS IN PUBLIC FROM PUBLIC OFFICIALS AND POLITICIANS, FROM LAW ENFORCEMENT, BUT IT CAN BE SAID TO BE TRUE WHEN WE ARE OFFERING TESTIMONY IN COURTS.
WE ARE OFFERING EVIDENCE IN COURTS, WHEN A COURT HAS DEEMED IT ADMISSIBLE.
SO FOR THAT REASON, EVEN THEN AFTER WE CHARGED SOMEBODY, WE ARE STILL VERY CAUTIOUS ABOUT COMMENTING ON A CASE UNTIL FINALLY WE HAVE CONVICTED, WE HAVE SENTENCED.
AND THAT IS WHEN WE GIVE THE PRESS CONFERENCE AND WE DO INTERVIEWS AND THAT IS WHEN THE PUBLIC GETS TO KNOW A WHOLE LOT MORE ABOUT WHAT HAPPENED THAN FROM THE INITIAL INDICTMENT OR COMPLAINT.
>> Jeff: I APPRECIATE THE EXPLANATION.
I THINK THERE IS A POSSIBILITY THAT THE NEXT TIME I RECEIVE THAT RESPONSE FROM YOUR OFFICE, I WILL BE A TINY BIT LESS IRRITATED.
DOES THAT POLICY -- DOES THAT PRESENT ANY CHALLENGES FOR YOU AS A FEDERAL PROSECUTOR?
>> Uballez: SURE, IT DOES.
SO THERE IS -- WE ARE BALANCING THESE THINGS, RIGHT.
SO THE FACT THAT WE WANT TO PROTECT THE PERSON'S RIGHT TO A JURY, WE WANT TO PROTECT THEIR PRIVACY DOESN'T ERASE THE FACT THAT WE KNOW THE PUBLIC NEEDS TO BE PROTECTED, FIRST AND FOREMOST, AND THEY NEED TO BE INFORMED ABOUT WHAT WE ARE DOING, THAT THEY CAN TRUST THAT WE ARE DOING IT, THAT IT WILL COME TO A JUST RESULT AND SO IT IS A CONSTANT BALANCE.
>> Jeff: GOT YOU.
SO IN THIS PARTICULAR CASE, THIS ONGOING INVESTIGATION INTO POSSIBLE MISCONDUCT BY ALBUQUERQUE POLICE OFFICERS AND OTHERS, YOU DECIDED TO GO A SLIGHTLY DIFFERENT ROUTE.
YOU WROTE LETTERS TO THE DISTRICT ATTORNEY AND TO THE POLICE CHIEF IN WHICH YOU DID CONFIRM THE EXISTENCE OF THIS INVESTIGATION.
I WOULD LOVE TO HAVE A LITTLE BEHIND THE SCENES ON WHAT LED YOU TO MAKE THAT DECISION, WHAT SORT OF FACTORS WENT INTO, YOU KNOW, SORT OF DETOURING FROM THE USUAL POLICY?
>> Uballez: ANY POLICY, OUR POLICY ON DISCUSSING CASES HAS EXCEPTIONS.
THIS IS HOW LAWYERS OPERATE WITHIN THE REALM OF EXEMPTIONS AND SO THERE IS A COUPLE THAT APPLY TO US WHEN WE ARE DEALING WITH CASES OF THIS AMOUNT OF INTEREST FROM THE PUBLIC OR INTEREST TO THE PUBLIC.
THE U.S. ATTORNEY IN ANY GIVEN DISTRICT OR THE ASSISTANT ATTORNEY GENERAL IN MAIN JUSTICE HAVE THE ABILITY TO FIND EXCEPTIONS.
SO THEY CAN LOOK AT A CASE OR AN INVESTIGATION AND SAY, THERE ARE REASONS WHY WE SHOULD CONFIRM THAT FEDERAL LAW ENFORCEMENT IS DOING THEIR JOB HERE, OR THERE ARE REASONS WHY WE SHOULD RELEASE INFORMATION THAT HAS TO DO WITH PROTECTING PUBLIC SAFETY.
SO, IN A CASE, FOR EXAMPLE, WHERE PEOPLE SEE A BUNCH OF FOLKS WEARING FBI IN BRIGHT YELLOW ON THE BACK OF THEIR JACKETS GO INTO A HOUSE, BUT THERE IS NO OTHER EXPLANATION FOR WHY OR WHEN OR HOW, THERE IS OFTEN A PUBLIC INTEREST IN KNOWING THIS IS ACTUALLY LAW ENFORCEMENT.
THEY ARE ACTUALLY AUTHORIZED TO DO THIS AND THIS IS PART OF SOMETHING THAT IS HAPPENING AND WE CAN TRUST THAT THERE IS A PROCESS HERE AND NOT JUST ROGUE PEOPLE WHO BOUGHT JACKETS.
SO, WHEN WE DISCUSS CASES AND THIS ONE WITH THE INVESTIGATION YOU ARE REFERRING TO, WE CONFIRMED EARLY ON FEDERAL LAW ENFORCEMENT ACTIVITY AT VARIOUS LOCATIONS AS WE WERE ASKED BY THE PUBLIC BECAUSE WE FELT THAT IT MET THAT REQUIREMENT.
IT MET THAT NEED, WHICH IS PEOPLE ARE SEEING FEDERAL LAW ENFORCEMENT ACTIVITY HAPPEN AND THEY DON'T KNOW WHAT IS HAPPENING.
SO FOR US THAT SMALL BIT OF CONFIRMATION ALLOWS US TO TELL THE PUBLIC, DON'T WORRY, THIS IS AUTHORIZED.
WE PUT THOUGHT INTO IT AND WE ARE WORKING ON IT.
>> Jeff: SORT OF AN AUTHENTICITY STAND, IF YOU WILL.
I WANT TO TALK ABOUT A WORD THAT YOU USED IN THOSE TWO LETTERS I JUST REFERENCED TO THE DA AND THE CHIEF.
YOU NODDED TOWARD THE TENSION BETWEEN THE PUBLIC'S UNDERSTANDABLE DESIRE FOR INFORMATION ABOUT SOMETHING LIKE THIS AND THE SECRECY NEEDS THAT YOU JUST SORT OF DESCRIBED.
LET'S PULL OUT A LITTLE BIT FROM THIS INVESTIGATION AND TALK BROADLY HOW DO YOU BALANCE THOSE TWO PRINCIPLES?
WHAT GOES INTO THAT?
>> Uballez: A LOT GOES INTO IT.
EVERYTHING THAT WE DO IN OUR JOB IS A CAREFUL BALANCE OF THE VARIOUS NEEDS THAT WE PROTECT.
IT IS REALLY UNIQUE BEING ESPECIALLY A FEDERAL PROSECUTOR OR BEING A PROSECUTOR.
AMONG ALL LAWYERS, OUR JOB IS VERY DIFFERENT.
IT IS DISTINCT IN THAT MOST LAWYERS, THEY TAKE A CASE OR CLIENT AND THAT IS AN INTEREST THAT THEY REPRESENT.
THEY ARE BEING HIRED TO EXERCISE THAT PERSON'S INTEREST AT THE EXPENSE OF ALL OTHERS.
THAT IS NEVER OURS.
IN EVERYTHING THAT WE DO, WE ARE THINKING ABOUT ALL OF OUR CLIENTS FOR THE DEPARTMENT OF JUSTICE, THAT IS THE UNITED STATES.
RIGHT.
FOR US WHAT THAT MEANS WHEN WE WALK INTO A COURTROOM, THE EQUITIES THAT WE PROTECT ARE NOT THE GOVERNMENT'S AS OFTEN THE COURTS LIKE TO REFER TO US.
EQUITIES INCLUDES NOT JUST THE PEOPLE ON THE STREETS AND THE MEMBERS OF THE COMMUNITIES, BUT THE JURORS THEMSELVES, THE DEFENDANT HIMSELF, HIS ATTORNEY, THE JUDGE, ALL OF THEIR INTERESTS AS MEMBERS OF OUR COMMUNITY ARE BALANCED TOGETHER.
SO, AS A FEDERAL PROSECUTOR WE DEAL DAILY WITH THE BALANCE BETWEEN DIFFERENT INTERESTS FOR DIFFERENT PEOPLE.
WHAT IS BEST FOR THE COMMUNITY AND PUBLIC KNOWLEDGE VERSUS WHAT IS BEST FOR AN INVESTIGATION AND, MOST IMPORTANTLY, WHAT PROTECTS THE RIGHTS OF THE TARGET OR DEFENDANT AS WELL?
RIGHT?
BECAUSE UNTIL A PERSON IS ACCUSED PUBLICLY, THE PERSON IS CONSIDERED INNOCENT.
RIGHT.
SHOULD WALK FREE FROM ANY PUBLIC ASPERSIONS OF WHAT THEY MAY OR MAY NOT HAVE DONE.
SO WHEN WE DO OUR JOB, WE TRY VERY, VERY HARD TO MAINTAIN THAT PROTECTION, NOT JUST OF THE PUBLIC AND SAFETY CONCERNS BUT OF THE DEFENDANT'S TOO, AND THEIR INTERESTS IN PRIVACY, THEIR INTEREST IN WALKING FREE, UNTIL A GRAND JURY OR A JUDGE HAS SAID THERE IS PROBABLE CAUSE TO SAY YOU DID THIS THING.
>> Jeff: OF COURSE, THE INNOCENCE PRESUMPTION STILL ATTACHES AT THAT POINT EVEN AFTER INDICTMENT.
>> Uballez: ABSOLUTELY.
>> Jeff: SO, IT HAS BEEN SEVEN WEEKS NOW SINCE WHAT YOU JUST MENTIONED A MOMENT AGO, SINCE YOU ALL KICKED SOME DOORS IN AND EXECUTED SOME SEARCH WARRANTS.
I THINK IT IS IMPORTANT FOR PEOPLE TO HEAR YOU SAY WHAT CAN YOU TELL US ABOUT THIS INVESTIGATION AT THIS STAGE IN THE PROCEEDINGS?
WHAT IS THE FULL EXTENT OF WHAT YOU CAN SAY?
>> Uballez: WELL, JEFF, I CAN'T CONFIRM OR DENY -- WE OBVIOUSLY CONFIRMED THE INVESTIGATION IS UNDERWAY.
WE HAVE CONFIRMED LOCATIONS IN RESPONSE TO THE PUBLIC AND MEDIA INQUIRIES WHERE FEDERAL LAW ENFORCEMENT ACTION OCCURRED.
AND FROM THE LETTERS THAT WE ISSUED TO BOTH THE DISTRICT ATTORNEY AND THE CHIEF OF POLICE, WE HAVE CONFIRMED THAT THEY KNEW ABOUT THE INVESTIGATION BUT WERE NOT READ INTO ITS FULL EXTENT.
RIGHT.
THAT IS BECAUSE WHEN WE ARE PROTECTING AN ONGOING HIGH LEVEL INVESTIGATION, THERE ARE OFTEN PARTNERS WE WORK WITH BUT WE DON'T SHARE EVERYTHING WITH THEM.
SO, AS YOU IDENTIFIED, WE ARE GOING TO LET THEM KNOW AS MUCH AS WE CAN FOR THEM TO FULFILL THEIR OWN DUTIES.
SO, IN THE LETTER TO THE DISTRICT ATTORNEY, WE ACKNOWLEDGED THAT EVERY PROSECUTOR HAS A RESPONSIBILITY, A CONSTITUTIONAL ONE, UNDER BRADY AND GIGLEO, TO PROTECT THE PROCESS BY IDENTIFYING CERTAIN WHAT WE CALL GIGOLO CONDUCT.
WHEN WE RUN UP AGAINST THESE OTHER RESPONSIBILITIES, WE SHARE WHAT JUSTICE DEMANDS.
BUT ON THE OTHER SIDE OF IT WE KEEP AS MUCH IN HOUSE AS WE CAN, UNTIL WE ARE READY TO LEVEL AN INDICTMENT.
>> Jeff: FOR PEOPLE WHO DON'T KNOW WHAT GIGLEO MATERIAL IS, WE ARE ESSENTIALLY TALKING ABOUT INFORMATION THAT COULD IMPACT A WITNESS' CREDIBILITY IN COURT, RIGHT?
>> Uballez: THAT IS CORRECT.
THERE IS A BROADER CONSTITUTIONAL PROTECTION CALLED BRADY SO EXCULPATORY INFORMATION, A SUBSET OF WHAT BRADY -- THE CONSTITUTIONAL REQUIREMENT FOR BRADY IS OBVIOUSLY IF WE HAVE SOMETHING THAT SAYS THE PERSON WE ARE THINKING DID SOMETHING DID NOT DO IT, THEN WE HAVE TO DISCLOSE THAT EVIDENCE.
A SUBSET OF THAT IS GIGLEO, AS YOU IDENTIFIED, WHICH IS IF WE HAVE INFORMATION THAT CAN BE USED TO CROSS-EXAMINE, TO IMPUGN THE CREDIBILITY OF ONE OF OUR WITNESSES, WE SHOULD DISCLOSE THAT TOO.
SO, WHEN WE RUN UP INTO THESE CONSTITUTIONAL REQUIREMENTS OR PROTECTIONS, AGAIN, WE PROTECT THE DEFENDANT TOO.
SO, THAT IS WHERE WE WORK WITH THE DA.
THIS IS WHERE WE ARE SORT OF WORKING IN A SIMILAR BUT ALTERNATE TRACK WITH THE CHIEF OF POLICE.
THE LETTERS SHOW THAT WHILE THEY WERE AWARE OF INVESTIGATIONS, THEY ARE NOT AWARE OF THE FULL SCALE.
>> Jeff: I WANT TO ASK ANOTHER QUESTION SORT OF RELATED TO BALANCING.
THE LAW ENFORCEMENT COMMUNITY IN NEW MEXICO IS RELATIVELY SMALL, RELATIVELY TIGHT KNIT.
OBVIOUSLY YOUR OFFICE AND THE FBI CONDUCTS JOINT OPERATIONS WITH APD, THE COUNTY SHERIFF'S OFFICE AND THE DISTRICT ATTORNEY'S OFFICE ALL THE TIME.
HOW WOULD YOU RESPOND TO PUBLIC CONCERNS ABOUT THE POSSIBILITY OF ONE OF YOUR INVESTIGATIONS BEING CONTAMINATED OR COMPROMISED BECAUSE OF THESE RELATIONSHIPS THAT CAN DEVELOP?
>> Uballez: YEAH, THERE IS ALWAYS CONCERN.
INFORMATION CAN LEAK.
AS A LAW ENFORCEMENT INVESTIGATOR, THERE IS ALWAYS A CONCERN THAT INFORMATION CAN LEAK BEFORE YOU WANT IT TO.
THIS IS WHY FOR STEP 1 WE WORK IN SORT OF INSULATED CIRCLES.
WHEN WE ARE WORKING CASES WE DECONFLICT, IT IS CALLED, WHICH MAKES SURE NO OTHER LAW ENFORCEMENT IS WORKING ON A SIMILAR CASE AGAINST A SIMILAR PERSON.
BUT WE ALSO WALL OFF AS IS IDENTIFIED IN THESE LETTERS AND TO THE DA AND THE CHIEF, NONESSENTIAL LAW ENFORCEMENT COMPONENTS FROM WHAT WE ARE DOING.
SO, WHILE THERE IS ALWAYS A WORRY THAT THINGS COULD BE LEAKED, WE ALSO OPERATE IN A WORLD WHERE WE HAVE TO TRUST EACH OTHER TO MOVE FORWARD.
RIGHT.
SO, FEDERAL LAW ENFORCEMENT IS A TIGHT KNIT COMMUNITY HERE.
WE WORK ALL THE TIME AND CONSTANTLY AND ALSO WITH LOCAL PARTNERS TO FACE THE MANY CHALLENGES WE HAVE HERE IN NEW MEXICO.
AND SO IT IS A TIGHT ROPE TO WALK BUT YOU HAVE TO UNDERSTAND YOU HAVE GOT TO TAKE SOME RISKS IF YOU WANT TO GET THE RIGHT CASES AND THE RIGHT PEOPLE.
SO, WE BALANCE THOSE RISKS.
WE MANAGE AND MITIGATE POSSIBILITY OF DISCLOSURE BEFORE WE WANT A THING TO BE DISCLOSED.
AND WE TRUST.
WE RELY ON EACH OTHER DAY IN AND DATE OUR.
OUR FEDERAL LAW ENFORCEMENT PARTNERS, YOU KNOW, PUT THEIR LIVES IN EACH OTHER'S HANDS AND SO IT IS WITH THIS TRUST THAT WE GO FORWARD ON THESE KIND OF INVESTIGATIONS.
>> Jeff: THERE IS A LITTLE BIT OF A NEEDLE TO THREAD IN A CASE LIKE THIS.
OBVIOUSLY THE NATURE OF THE FEDERAL INQUIRY HERE IS A CRIMINAL INVESTIGATION WHOSE STAKES, OF COURSE, ARE SOMEONE'S FREEDOM AT THE END OF THE DAY.
ON A PARALLEL TRACK YOU HAVE AN ADMINISTRATIVE INVESTIGATION THAT THE POLICE DEPARTMENT ITSELF IS CONDUCTING, THE CONSEQUENCES OF WHICH COULD BE SOMEONE'S JOB.
FOR EXAMPLE, WHEN A POLICE OFFICER IS INTERVIEWED IN AN INTERNAL AFFAIRS INVESTIGATION HE IS READ WHAT IS CALLED A GARRITY WARNING WHICH IS ESSENTIALLY HIM SAYING, I AM GIVING UP MY FIFTH AMENDMENT RIGHTS HERE.
I AM GOING TO TALK TO YOU AND ANSWER YOUR QUESTIONS.
YOU WOULDN'T BE ABLE TO USE ANY OF THAT IN YOUR CRIMINAL PROCEEDING.
HOW DO YOU MAKE SURE, BROADLY SPEAKING AGAIN, NOT JUST IN THIS INVESTIGATION, HOW DO YOU MAKE SURE THOSE TWO THINGS STAY SEPARATE?
>> Uballez: SO, WE HAVE A LOT OF -- WE INVEST A LOT INTO PROTECTING OUR INVESTIGATIONS BOTH FROM BEING LEAKED OR PUBLIC KNOWLEDGE, BUT ALSO LEGALLY, RIGHT?
SO LIKE IT IS OUR JOB TO PRESENT THE CASE AND WIN IT.
SO, IF WE PRESENT A CASE BUT THERE ARE CONSTITUTIONAL PROBLEMS WITH IT, WE HAVE NOT DONE OUR JOB, WHICH MEANS THERE ARE MANY STOP GAPS THAT WE PUT IN PLACE TO ENSURE THAT WE ARE ADVANCING A LEGALLY DEFENSIBLE CASE.
IN SOME CASES THAT WILL MEAN WE HAVE FILTER TEAMS WHO ARE ENTIRELY A SEPARATE TEAM OF BOTH AGENTS AND AOSA'S.
A FILTER TEAM WORKS IN A SITUATION WHERE THERE MIGHT BE SOMETHING THAT THE PROSECUTING TEAM SHOULDN'T HAVE.
RIGHT, SO, WE WILL OFTEN USE FILTER TEAMS TO TAKE A FIRST READ OF WHATEVER IT IS THAT WE ARE LOOKING AT.
AND THE FILTER TEAM CAN PASS ON NON-TAINTED EVIDENCE TO THE PROSECUTION TEAM TO GO FORWARD WITH.
SO IT IS ESSENTIALLY DOUBLING THE RESOURCES WE INVEST IN ANY CASE BUT WE DO IT, AGAIN, TO PROTECT THE INTEGRITY OF THAT CASE AND ITS PRESENTATION TO THE JURY.
I DON'T KNOW WHAT IS GOING TO HAPPEN IN COURT.
I DON'T KNOW, YOU KNOW, WHAT THE PARTIES ARE GOING TO MOVE FOR.
I DON'T KNOW WHAT THE COURT IS GOING TO FIND, BUT I DO THINK THAT FOR ANY POLICE DEPARTMENT, ESPECIALLY OURS, A FUNCTIONING INTERNAL AFFAIRS DEPARTMENT IS CRITICAL TO THE ADMINISTRATION OF THAT DEPARTMENT.
AND, SO, I WOULD GUESS THAT A FUNCTIONING INTERNAL AFFAIRS DEPARTMENT IS WHAT THE CITY WILL RECEIVE AFTER THIS INVESTIGATION.
>> Lou: JUST OVER NEW MEXICO'S EASTERN BORDER RESIDENTS IN TEXAS THIS WEEK REACHED AN UNWELCOME LANDMARK, THE STATE'S LARGEST EVER WILDFIRE.
FOR THIS WEEK'S SHOW WE WANTED TO CHECK IN ON WHERE THINGS STAND AS RESIDENTS OF NORTHERN NEW MEXICO TRY TO RECOVER FROM THE HERMIT PEAK CALF CANYON FIRE, WHICH SET THE GRIM MILESTONE OF THE LARGEST EVER FOR OUR STATE IN 2022.
TO DO THAT WE PARTNERED UP WITH PATRICK LOHMANN OF SOURCE NEW MEXICO WHO HAS WRITTEN DOZENS OF STORIES ABOUT THE HERMIT'S PEAK CALF CANYON.
YOU PROBABLY KNOW THAT THE FIRE BEGAN AS A PAIR OF BOTCHED PRESCRIBED BURNS ON FEDERAL FOREST SERVICE LAND IN SAN MIGUEL COUNTY.
PATRICK SPENT ALL OF LAST YEAR IN THE BURN SCAR PARTNERING WITH PROPUBLICA TO TRY TO ANSWER A SINGLE QUESTION IN THE WILDFIRE'S AFTERMATH.
WHEN THE GOVERNMENT MAKES A MISTAKE, WHAT WILL IT DO TO MAKE THINGS RIGHT FOR THOSE IT HARMED?
PATRICK INVITED TWO GUESTS, BOTH FEATURED IN RECENT PIECES FROM SOURCE AND PROPUBLICA WHO ARE RELUCTANT EXPERTS IN THAT QUESTION.
BOTH SUFFERED LOSSES IN THE WILDFIRE OR THE FLOODS THAT FOLLOWED.
BOTH ARE TRYING TO FILE CLAIMS FOR WHAT THEY ARE OWED FROM A FOUR BILLION DOLLAR COMPENSATION FUND AND BOTH HAVE BECOME DEFACTO LEADERS IN THEIR COMMUNITIES TO HELP THEIR NEIGHBORS FIND A WAY FORWARD.
KAYT PECK WRITES A WEEKLY COLUMN ABOUT THE RECOVERY FOR THE LAS VEGAS OPTIC AND YOLANDA CRUZ MODERATES A PRIVATE FACEBOOK PAGE THAT HAS BECOME A VITAL RESOURCE FOR THOSE STILL TRYING TO REBUILD.
NOW, YOU WILL NOTICE DURING PATRICK'S TWO-PART DISCUSSION, OR SET WILL LOOK A LITTLE DIFFERENT.
THE IMAGES YOU WILL SEE IN THE MONITORS COME COURTESY OF PHOTO JOURNALIST ADRIA MALCOLM.
SHE HAS BEEN DOCUMENTING THE HERMIT'S PEAK CALF CANYON FIRE AND AFTERMATH WITH PATRICK AND OTHER REPORTERS FOR OVER A YEAR.
NOW, I'LL THROW THINGS OVER TO PATRICK AS HE ASKS HIS PAIR OF GUESTS STILL RECOVERING FROM THE FIRE WHAT THEY HAVE LIVED THROUGH AND WHAT ADVICE THEY HAVE FOR OUR TEXAS NEIGHBORS AS THEY PREPARE FOR A LONG AND PAINFUL RECOVERY.
>> Lohmann: THANK YOU BOTH FOR COMING DOWN TO TALK TO US.
WELCOME TO NEW MEXICO IN FOCUS.
I WAS HOPING WE COULD START WITH YOU BOTH SHARING YOUR EXPERIENCES OF THE FIRE AND FLOODS AND TELLING US WHERE THINGS STAND FOR YOU NOW.
YOLANDA, YOU HAD LOSSES IN YOUR FIRE AND YOU ARE ALSO HELPING YOUR PARENTS NAVIGATE THE FEMA BUREAUCRACY.
WHAT DID THE FIRE TAKE FROM YOU AND HOW CLOSE ARE YOU TO BEING ABLE TO BE FULLY COMPENSATED?
>> Cruz: THE FIRE CROSSED OUR COMPLETE ACREAGE.
WE HAVE 10 ACRES IN SAN MIGUEL COUNTY AND WE WERE ABLE TO WATCH THAT ON THE SATELLITE MAPS, NOT IN REALTIME, BUT THE HEAT MAP SHOWED THE FIRE CROSSING THE ENTIRETY OF OUR PROPERTY.
WE WERE REALLY UNSURE WHAT WE WOULD COME BACK TO AND WHEN WE RETURNED, ALL OF THE GROUND WAS BLACK.
SOME OF THE TREES WERE COMPLETELY GONE, CLOSER TO THE HOUSE, UP ABOVE, ABOUT PROBABLY 40 TO 50 FEET FROM THE HOUSE WAS A HIGH SEVERITY BURN AND I THINK IT WAS MIRACULOUS THAT IT DID NOT TAKE OUR HOME.
BUT BECAUSE AS THE SPARKS FLY WE LOST MANY HOMES ON THAT PRIVATE ROAD THAT WE LIVE ON, EVEN WHERE THE TREES WERE NOT AS DAMAGED.
SO, BEFORE WE LEFT, WE HAD ABOUT EIGHT HOURS OF NOTICE THAT WE WERE GOING TO EVACUATE.
WE WET DOWN OUR HOME.
WE WET OUR DECKS, WE RAKED.
AND I THINK THAT IS WHAT HELPED SAVE IT BECAUSE THE FIRE WENT RIGHT UP TO THAT POINT ON THE GROUND.
BESIDES THE TREES, WE LOST -- WE HAD DAMAGES TO OUR WELL, DAMAGES TO OUR SEPTIC SYSTEM, TO OUR WATER STORAGE SYSTEM.
WE LOST EQUIPMENT, OUR WOOD SPLITTER.
WE LOST SOME VEHICLES THAT WE WERE UNABLE TO TAKE OUT.
A LOT OF TOOLS AND DIFFERENT EQUIPMENT AND A CARPORT GARAGE THAT WE HAD THERE.
SO, YOU KNOW, OF COURSE, FENCING.
ALL OF THOSE THINGS.
MY GRANDDAUGHTER ALSO HAD A LITTLE PLAY AREA FROM WHEN SHE WAS YOUNGER.
A LOT OF THOSE THINGS WERE COMPLETELY GONE.
THERE WAS ONE LITTLE PLAYHOUSE AND I THOUGHT, SOMETHING IS MISSING THERE.
AND I WENT TO CHECK, THERE WAS NOT EVEN A PILE OF ASHES, NOTHING.
IT WAS JUST GONE, JUST DISINTEGRATED.
IT WAS REALLY SURPRISING TO SEE THE DAMAGES AND WE WERE ONE OF THE LUCKY ONES.
THE FLOODING CAME THROUGH AND THAT DAMAGED THE CULVERT OVER THE ARROYO WHERE OUR ROAD CROSSES TO GET HOME AND THE WATER JUST COMES FROM EVERWHERE NOW WHEN IT RAINS.
BEFORE, YOU COULD SEE LIKE, YOU KNOW, THE TRICKLES, THE STREAMS THAT GET CREATED WHEN THERE IS SOME WATER.
WE ARE FORTUNATE AGAIN THAT THE MOUNTAIN ABOVE IS NOT VERY HIGH SO ALTHOUGH THERE IS A LOT OF WATER AND WE HAVE HAD TO PROTECT OUR HOME, THERE IS NOT THE AMOUNT OF WATER THAT I HAVE SEEN IN OTHER PLACES.
>> Lohmann: AND KAYT, CAN YOU TELL ME HOW REBUILDING IS GOING?
>> Peck: NOT.
I HAVE FOUND I WAS A VAGABOND FOR ABOUT A YEAR, DIFFERENT, LIKE MY HOUSE WAS TOTALLY LEVELED.
THE FOUNDATION WAS STILL SORT OF STANDING BUT THE REST WAS A BBQ PIT.
THAT WAS MY HOME OF 18 YEARS.
LUCKILY, I GOT AN EARLY PHONE CALL.
I WAS RETIRED FROM THE FIRE DEPARTMENT AND EMS SO I GOT A PHONE CALL, A LITTLE HEADS UP, ON EVACUATION.
I WAS ABLE TO GET MY HORSE OUT, MY ANIMALS OUT, AND A FEW LITTLE THINGS.
SO IT TOOK MY HOME OF 18 YEARS AND ALL THE MEMORABILIA OF A LIFETIME, WHICH IS PRETTY PRECIOUS.
AND I TELL PEOPLE, AND I HONESTLY FEEL THIS WAY, IN A LOT OF WAYS THE WOMAN I WAS, DIED WITH THAT FIRE.
BUT YOU GO ON.
AND I AM WAITING TO FIND OUT WHAT FEMA IS GOING TO DO BEFORE I CAN REBUILD.
I WAS ONE OF THE LUCKY ONES.
I HAD INSURANCE.
SO I WASN'T DESTITUTE.
I ALSO HAD A LOT OF GOOD FRIENDS THAT OPENED THEIR HOMES TO ME.
I WENT TO HELP A FRIEND BRIEFLY IN TEXAS WITH A BUSINESS AND WHILE I WAS THERE, THE PEOPLE I WAS STAYING WITH GOT EVACUATED.
SO I GOT STUCK IN TEXAS FOR FOUR-AND-A-HALF MONTHS LIVING IN A TRAVEL TRAILER.
FINALLY GOT THE TRAILER BACK.
LIVED THROUGH THE WINTER IN A TRAVEL TRAILER.
I DO NOT INTEND TO DO THAT AGAIN.
THAT IS AN INTERESTING DEVELOPMENT.
BUT, YOU KNOW, I FOUND AND PURCHASED AN OLDER SINGLE WIDE.
SO I HAVE A DECENT PLACE TO LIVE UNTIL I CAN REBUILD.
A LOT OF FOLKS DON'T HAVE THOSE BENEFITS.
SO, I AM GRATEFUL FOR THAT.
I ALSO LOST -- IT IS THE INTANGIBLES.
YOU KNOW, I MEAN, IT IS -- I DID A POEM RIGHT AFTER THE FIRE CALLED "MEMORIES DON'T BURN" BECAUSE WHAT HAS HELPED ME THROUGH IS TO KNOW THAT THE OBJECTS DID NOT MATTER FOR THEMSELVES.
THEY MATTERED BECAUSE OF THE MEMORIES.
AND YOU CAN PUT A MATCH TO IT BUT YOU DON'T BURN A MEMORY.
SO, LIFE GOES ON.
IT IS STILL PRECIOUS.
BUT PEOPLE LIKE YOLANDA, THE PEOPLE, I MEAN, REALLY, AFTER THE FIRE, I LOST SO MUCH, BUT WHAT I GAINED WAS KNOWING THE TRUE HEARTS OF THE PEOPLE OF THE COMMUNITY.
AND HOW THEY COME THROUGH FOR EACH OTHER.
>> Lohmann: THAT IS BEAUTIFUL.
AND I WANT TO STAY WITH YOU.
YOU JUST CAME BACK FROM FRITCH, TEXAS, WHERE YOU DELIVERED SUPPLIES TO THOSE BEING EVACUATED.
>> Peck: YES.
>> Lohmann: WHAT DID YOU BRING?
>> Peck: WELL, WE CALLED IN ADVANCE.
I CALLED THE EDITOR OF THE NEWSPAPER THERE AND THE LIST THEY GAVE US FOR WHAT THEY NEEDED, NEAR AS I CAN TELL, IT WAS EQUIPMENT, PRIMARILY EQUIPMENT THAT THE CREWS NEEDED GOING THROUGH THE HOUSES THAT HAD BURNED.
WE DID A FEW THINGS, FOOD, THAT SORT OF THING, BUT WE DID OUR BEST TO MEET THE WISH LIST THAT WE GOT.
WHICH WAS LIKE ALUMINUM SHOVELS AND RAKES AND CONTRACTOR BAGS, THINGS LIKE THAT.
>> Lohmann: I NEED TO JUST REMIND PEOPLE, THAT IS THE SMOKE HOUSE CREEK FIRE THAT STARTED FEBRUARY 26 AND HAS ALREADY BURNED -- >> Peck: A MILLION ACRES.
>> Lohmann: YEAH, THE BIGGEST FIRE IN TEXAS HISTORY.
WHAT COMPELLED YOU TO HELP THOSE PEOPLE?
>> Peck: I GREW UP ON A RANCH IN THE TEXAS PANHANDLE.
SO, IT IS THE OLD STOMPING GROUNDS.
AND I JUST WANTED TO -- PEOPLE HELPED ME.
I WANTED TO HELP PEOPLE.
SO, I VOLUNTEERED TO MAKE THE TRIP JUST TO TAKE WHAT WE COULD.
>> Lohmann: YOLANDA, SPEAKING WITH TEXAS, TEXAS POWER COMPANY SAID TODAY IT BELIEVES THAT ITS FACILITIES HAVE BEEN INVOLVED IN IGNITION FOR THAT FIRE.
NOW, POWER COMPANY IS DIFFERENT FROM A GOVERNMENT ENTITY AND NO TWO DISASTERS ARE EXACTLY THE SAME.
BUT IF THAT COMPANY IS DEEMED LIABLE, SOMEONE WILL HAVE TO MAKE CHOICES ABOUT HOW TO COMPENSATE SURVIVORS OF THIS FIRE.
I AM JUST WONDERING WHAT LESSONS COULD THE OVERSEERS OF WHOEVER RUNS THAT FUND IN TEXAS LEARN FROM WHAT FEMA DID HERE WITH THIS COMPENSATION FUND.
>> Cruz: FEMA IS REALLY THE WRONG ORGANIZATION OR AGENCY TO HANDLE THESE FUNDS.
THERE HAVE BEEN FIRES STARTED BY POWER COMPANIES IN OTHER STATES, SUCH AS CALIFORNIA.
AND THEY DID NOT HAVE FEMA OVERSEEING THAT FUND DISTRIBUTION.
SO THEY NEED TO MODEL THAT PROCESS INSTEAD OF LOOKING FOR A GOVERNMENT ORGANIZATION.
WE KNOW THAT GOVERNMENT RUNS VERY SLOWLY AND IT SEEMS AS IF FEMA IS RUNNING EVEN SLOWER THAN MOST GOVERNMENT ORGANIZATIONS.
>> Lohmann: THEY HAVE RECENTLY PROMISED TO MOVE MORE QUICKLY.
THEY HAVE BROUGHT IN MORE CLAIMS ADJUSTORS.
IS THERE ANYTHING ABOUT THE WAY THE FUND COULD BE STRUCTURED, DO YOU HAVE ANY THOUGHTS ABOUT SOMETHING THAT FEMA DID RIGHT OR DID WRONG THAT MIGHT GO BETTER IN TEXAS WHEN WE GET TO THAT POINT, WHICH COULD BE YEARS, OF COURSE?
>> Cruz: FIRST OFF, I WANT TO SAY THAT THEY HAVE A LOT OF LOCAL PEOPLE WORKING FOR FEMA AND VERY GOOD PEOPLE.
A LOT OF GOOD FRIENDS WORK THERE.
AND THEY HAVE GOOD HEARTS AND THEY KNOW THE COMMUNITIES BUT THEY ARE NOT THE ONES MAKING THE DECISIONS.
AND, SO, WHEN YOU HAVE PEOPLE MAKING DECISIONS ABOUT WHAT TO COMPENSATE AND HOW TO COMPENSATE AND THEY DON'T KNOW THE AREA, THEN THEY ARE NOT MAKING GOOD DECISIONS.
AND SO FEMA IS SAYING, WE HAVE NEVER DONE SOMETHING LIKE THIS BEFORE.
WE HAVE NEVER COMPENSATED FOR EVERYTHING BEFORE.
IT TOOK THEM SO LONG TO COME UP WITH THE FINAL RULES AND EVEN THOUGH THEY HAVE THE FINAL RULES IN PLACE, THEY ARE STILL MAKING CHANGES.
SO, THOSE WITH COMPLEX CASES, LIKE THOSE WHO LOST MORE THAN MAYBE TREES OR HAVE MORE THAN SMOKE DAMAGE, ARE STILL WAITING FOR COMPENSATION.
WHILE PEOPLE WHO HAD LESS DAMAGES, ESPECIALLY RIGHT NOW FEMA JUST ANNOUNCED A FEW WEEKS AGO THEY WOULD BE COVERING SMOKE DAMAGE FOR PEOPLE IN LAS VEGAS, SAY.
AND THAT IS NOT IN THE FOOTPRINT OF THE FIRE.
WHILE I AM GLAD THEY ARE ACKNOWLEDGING THERE ARE MORE DAMAGES, THOSE CLAIMS ARE ABLE TO BE PAID OUT MORE QUICKLY BECAUSE THEY ARE SIMPLER CLAIMS ADJUSTED ON THE SQUARE FOOTAGE OF A HOME.
WHEN PEOPLE IN LAS VEGAS ARE GETTING PAID QUICKLY AND PEOPLE WHO LOST HOMES LIKE KAYT HAVE STILL NOT SEEN A DOLLAR, THERE IS SOMETHING WRONG WITH THE PROCESS.
>> Lohmann: YEAH.
WELL, I UNDERSTAND THAT TODAY A SMALL GROUP OF ADVOCATES AND FIRE SURVIVORS ARE IN WASHINGTON DC SEEKING MEETINGS WITH CONGRESSIONAL DELEGATION TO ASK FOR SOME CHANGES.
YOU DECIDED TO JOIN US INSTEAD OF GOING WITH THEM SO THANK YOU FOR THAT.
IF YOU DID HAVE A CHANCE TO SIT DOWN WITH SENATOR BEN RAY LUJAN, FOR EXAMPLE, WHAT IS THE MOST URGENT PROBLEM YOU WOULD ASK HIM TO FIX?
>> Cruz: I THINK ONE OF THE MOST URGENT PROBLEMS IS, OF COURSE, AGAIN, THOSE WHO WERE MOST DEEPLY IMPACTED SHOULD BE PRIORITIZED.
SECOND, WHEN ANGELA GLADWELL WAS THE DIRECTOR, SHE AGAIN DOES NOT KNOW THE STATE.
AND THE COMMUNITY HAS BEEN ASKING SINCE WE KNEW THAT FEMA WAS GOING TO ADMINISTER THE FUNDS FOR A LOCAL ADMINISTRATOR TO COME ON AND WORK WITH COMMUNITIES.
THAT HAS NOT HAPPENED.
AND THAT IS WHAT IS BEING ASKED AGAIN.
I KNOW THAT -- I DON'T KNOW THAT WOULD BE HAPPENING.
THEY DID OPEN UP THE POSITION AND SO I THINK THAT WAS OPEN FOR SEVEN DAYS.
>> Lohmann: SO WE WILL TALK ABOUT THAT SHORTLY.
I JUST WANTED TO GIVE YOU A CHANCE, KAYT.
WHAT IS THE MOST URGENT PROBLEM YOU THINK CONGRESS OR THE CONGRESSIONAL DELEGATION COULD FIX?
>> Peck: TWO LEVELS.
NO.
1, I DON'T BUY -- I WORKED IN THE NAVY.
I DON'T BUY THE RED TAPE EXCUSE.
AND THAT IS WHAT WE KEEP GETTING.
AND THEY ARE SLOW AT ALLOCATING FUNDS.
ALSO, LIKE THE RECENT CHECK -- THEY FINALLY CAME UP WITH A CHECKLIST OF WHAT YOU HAD TO HAVE, WHICH IS UNREASONABLE.
EXPECTING IF YOU WANT COMPENSATION FOR YOUR EXPENSES WHEN YOU EVACUATED AND THEY WANT GAS RECEIPTS FROM TWO YEARS AGO.
AT THE RECENT TOWN HALL MEETING THERE WAS ONE GENTLEMAN WHO HAD PERSONAL PROPERTY DAMAGES BUT ALSO HAD HIS BUSINESS AND HE SAID HE HAD TURNED IN TAX FORMS, FEDERAL TAX FORMS, LEGAL DOCUMENTS, SHOWING THE BUSINESS LOSSES.
FEMA WANTED THREE YEARS OF CHECK STUBS.
I WOULD SAY, AT BOTH LEVELS, BOTH LOCALLY, WHAT THEY ARE DOING AT THE CLAIMS OFFICE RIGHT NOW AND IN GENERAL, I THINK THE DISASTER RESPONSE SYSTEM IS BROKEN.
AND NEEDS TO BE TOTALLY REEVALUATED.
THERE IS, I JUST FOUND OUT ABOUT FROM THE UP ECHELON OF THE ADMINISTRATION, I DON'T KNOW IF IT IS WITHIN FEMA OR ABOVE THAT, BUT THERE IS A NEW PENDING INTERIM FINAL RULE FOR HOW THEY HANDLE INDIVIDUAL ASSISTANCE.
WHEN I READ THE EXECUTIVE SUMMARY OF THAT, BASICALLY, I THINK IT SAID THAT THEY NEED TO GET AWAY FROM THE ASSUMPTION THAT PEOPLE WHO HAVE HAD A DISASTER ARE TRYING TO DEFRAUD THE GOVERNMENT.
AND THEREFORE MUST PROVIDE WHATEVER DOCUMENTATION THAT IS REQUIRED OF THEM.
AND IT HAS BEEN RATHER ARBITRARY FROM CASE TO CASE.
YOU HAVE TO PROVIDE THAT TO PROVE THAT THEY DESERVE TO BE HELPED.
IT NEEDS TO BE REVERSED WHERE IF FEMA TURNS DOWN SOMEONE WHO HAS REQUESTED HELP, THEY NEED TO GIVE VERIFIABLE REASONS WHY THEY DON'T PROVIDE THAT HELP.
I MEAN, IT IS FLAWED IN ITS VERY ESSENCE.
AND I AM HOPING THAT THIS INDICATES -- I DON'T KNOW THAT WE'LL SEE IT.
THERE IS 180-DAY RESPONSE PERIOD, THE PUBLIC CAN RESPOND TO THE INTERIM FINAL RULE, SO I DON'T KNOW THAT WE'LL SEE THE BENEFIT, OR IF WE DO IT MAY BE BELATEDLY, BUT -- WE HAVE SPOKEN OUT AS A PEOPLE LARGELY.
I AM HOPING THAT, YES, THAT HELPS US, BUT EVEN MORE SO, THERE IS GOING TO BE MILLIONS OF PEOPLE WITH CLIMATE CHANGE IT IS GOING TO CONTINUE TO BE A PROBLEM.
AND IF WE CAN RAISE OUR VOICES A LITTLE BIT AND IT HELPS TO RECTIFY THAT THEN WE WILL RAISE OUR VOICES AND HELP TO RECTIFY THAT.
>> Lohmann: THANK YOU BOTH FOR SHARING.
WE'LL RETURN TO THIS GROUP IN JUST A MOMENT TO DISCUSS WHO COULD TAKE OVER THE CLAIMS OFFICE AND HOW THEY CAN BE SUCCESSFUL.
BUT, THAT'S ALL FOR NOW.
>> Oakleaf: FOR MY PART, I'M JUST TRYING TO GET THAT DART INTO THE WOLF WITH TALL TREES AROUND, HELICOPTER MOVING, WOLF MOVING, WIND MOVING, THE WHOLE WORLD MOVING.
JUST TRYING TO GET THE DOT ON THE WOLF.
>> Lou: LAURA'S PIECE IS COMING UP IN ABOUT 15 MINUTES.
RIGHT NOW, LET’S GET BACK TO THE TABLE WHERE JOURNALIST PATRICK LOHMANN IS SPEAKING WITH TWO SURVIVORS OF THE HERMITS PEAK/CALF CANYON FIRE.
THAT'S KAYT PECK AND YOLANDA CRUZ.
THEY WATCHED MORE THAN 500 SQUARE MILES OF THE LANDSCAPE THEY LOVE GO UP IN FLAMES AFTER THE FEDERAL GOVERNMENT BLEW TWO PRESCRIBED BURNS IN 2022, LEADING TO THE LARGEST WILDFIRE IN NEW MEXICO HISTORY.
AS OF MARCH 6TH, FEMA HAD PAID ABOUT 11-PERCENT OF A NEARLY $4-BILLION FUND TO COMPENSATE VICTIMS.
THAT NUMBER IS CONTINUING TO RISE, AND FEMA NOTES THAT THOSE PAYOUTS ACCOUNT FOR 68-PERCENT OF ALL CLAIMS SUBMITTED WITH DOCUMENTATION.
BUT ATTORNEYS REPRESENTING MORE THAN 1,000 CLAIMANTS HAVE FILED AT LEAST 14 SEPARATE LAWSUITS AGAINST FEMA.
THEY ALLEGE THE AGENCY HAS MISSED LEGAL DEADLINES TO PROVIDE PAYMENT OFFERS AND THAT IT’S REFUSING TO PAY FOR INTANGIBLE LOSSES AND EMOTIONAL HARMS THOSE NORTHERN NEW MEXICO COMMUNITIES SUFFERED, THEY SAY IN VIOLATION OF FEDERAL LAW.
FEMA IS CHALLENGING THAT CONTENTION IN COURT.
MEANWHILE, ON THE GROUND, COMMUNITY GROUPS ARE CALLING ON THE AGENCY TO REPLACE THE CLAIMS OFFICE DIRECTOR WITH SOMEONE WHO UNDERSTANDS NEW MEXICO BETTER.
HERE'S PAT WITH YOLANDA AND KAYT FOR PART TWO OF THEIR CONVERSATION.
>> Lohmann: THANKS, LOU.
KAYT, FEMA ANNOUNCED IN MID JANUARY IT WAS 'CONSOLIDATING' ITS DISASTER RESPONSE ACROSS NEW MEXICO, AND AS A PART OF THAT, REASSIGNING THE FORMER DIRECTOR OF THE CLAIMS OFFICE.
WHO DO YOU HOPE TAKES OVER THE SO-CALLED JOINT RECOVERY OFFICE?
>> Peck: FROM EVERYTHING THAT I HAVE SEEN, SIMILAR CASES USUALLY HAVE GONE THROUGH THE COURTS BECAUSE IT'S AN ELECTRIC COMPANY OR SOMETHING LIKE THAT, AND THERE HAS BEEN A REQUEST FROM THE VERY BEGINNING AFTER THE LEGISLATURE PASSED THESE FUNDS TO USE A RETIRED JUDGE, SOMEONE WHO IS ACCUSTOMED TO HOW YOU DISTRIBUTE MONEY COMPENSATING PEOPLE FOR DAMAGES.
AND I KNOW THERE HAVE BEEN GROUPS THAT HAVE SUBMITTED LISTS OF QUALIFIED RETIRED JUDGES HERE WITHIN THE STATE.
I ALSO THINK THAT -- WE PUT IN A REQUEST DURING THE PUBLIC COMMENT PERIOD TO HAVE LOCAL PEOPLE REPRESENTED, AND THEY HAVE HIRED LOCAL PEOPLE, BUT AS YOLANDA POINTED OUT, THEY'RE NOT IN DECISION-MAKING POSITIONS.
MY HOPE WOULD BE THAT THEY SELECT A RETIRED JUDGE WHO IS EXPERIENCED IN THIS SORT OF THING.
I KNOW -- I DID A LITTLE READING ABOUT HOW THE PG&E IN CALIFORNIA, THAT HUGE FIRE WHEN THE ELECTRIC COMPANY TOOK RESPONSIBILITY FOR IT, THE TIME-LINE.
ONCE IT WAS ADJUDICATED AND THEN PUT INTO PLACE, IT WENT FAIRLY QUICKLY.
IT WAS A VERY GOOD SYSTEM.
BUT IT WAS DONE BECAUSE IT WAS HEADED BY A RETIRED JUDGE WHO KNOWS THE SYSTEM.
SO I DON'T KNOW WHY FEMA FELT LIKE THEY NEEDED TO -- YOU KNOW, THEY'VE KIND OF, I THINK, LARGELY ORGANIZED THEIR RESPONSE AGAINST WHAT THEY'VE USED WITH THE STAFFORD ACT, THE WAY FEMA NORMALLY DISTRIBUTES OR WORKS WITH, YOU KNOW, A DISASTER AFTER A BIG FIRE, DISTRIBUTING STAFFORD ACT FUNDS.
BUT AGAIN, THAT MEANS THAT IN THIS CASE, EVEN THOUGH IT WAS THE FAULT OF THE FEDERAL GOVERNMENT, THAT SAME THINKING OF PEOPLE HAVE TO PROVE THAT THEY DESERVE IT BASED ON WHATEVER FEMA WANTS TO DEMAND, THAT'S BEEN IN PLACE.
THAT WAS INAPPROPRIATE.
THAT WAS ENTIRELY INAPPROPRIATE.
IT CONTINUES TO BE, AND A LOT OF PEOPLE SUFFER BECAUSE OF IT.
>> Lohmann: JUST GIVEN WHAT YOU WERE SAYING ABOUT WHAT YOU SEE AS THE CULTURE OF FEMA, ABOUT MAKING PEOPLE PROVE THEIR LOSES, DO YOU THINK ONE PERSON, EVEN IF IT IS A FORMER JUDGE FROM NEW MEXICO WHO KNOWS NEW MEXICO LAW AND CULTURE, CAN MAKE A DIFFERENCE IN THE DIRECTION OF THE OFFICE?
DO YOU THINK IT CAN REALLY BE ONE PERSON?
>> Peck: I THINK IT CAN.
I DON'T THINK THAT -- BECAUSE WE'RE SO FAR ALONG IN THE PROCESS, I DON'T KNOW THAT IT COULD BE A TOTAL SOLUTION.
BUT YOU KNOW WHAT, ANYTHING'S BETTER THAN WHAT WE'VE EXPERIENCED, ESPECIALLY FOR THOSE WHO WERE DEVASTATED.
PEOPLE WHO ARE LIVING WITH FAMILY OR LIVING IN TRAILERS.
THE LONG RANGE PLANNING GROUP, I REMEMBER AT ONE TIME I WAS ON THAT COMMITTEE FOR A WHILE, AND I LEFT AFTER ONE SPECIFIC CASE THAT STILL TROUBLES ME.
IT WAS BEING FEMA ADVISED.
IT WASN'T A FEMA COMMITTEE, BUT IT WAS BEING FEMA ADVISED.
AND I SAW THE PAPERWORK, FEMA WANTING TO USE SOME OF THE SAME CRITERIA TO DETERMINE IF PEOPLE GET HELP AS IF IT WERE ACTUALLY FEMA MONEY.
AND THERE WAS A GENTLEMAN THAT NEEDED $500 TO BUILD AN OUTHOUSE BECAUSE HIS FAMILY WAS LIVING IN TENTS.
MY RESPONSE WAS, GIVE HIM THE MONEY.
FORGET ALL THE PAPERWORK THEY WANTED, THIS MAN -- THEY'RE LIVING IN TENTS.
GIVE HIM THE MONEY.
AND THAT WAS EASY TO PROVE.
YOU COULD LOOK.
THAT'S A 30-MINUTE DRIVE AND A LOOK TO SEE, OKAY, THEY NEED IT, GIVE THEM THE MONEY.
SO I DON'T KNOW IF I ANSWERED IT.
YES, I THINK IT WOULD MAKE A DIFFERENCE.
I DON'T THINK IT'LL BE A TOTAL SOLUTION.
>> Lohmann: THANK YOU.
YOLANDA, I UNDERSTAND YOU HAD SOME CONCERNS ABOUT THE WAY THE CLAIMS OFFICE ADVERTISED THE NEW DIRECTOR OF THIS OFFICE.
WHAT ABOUT THE PROCESS SET OFF ALARM BELLS FOR YOU?
>> Cruz: WHAT SET OFF ALARM BELLS WAS THAT IT WAS ONLY ADVERTISED FOR SEVEN DAYS.
YOU KNOW, USUALLY WHEN THERE'S A JOB OWNING, PEOPLE REALLY NEED TO GET THAT OUT WIDELY.
THERE'S ALSO A NEED TO LOOK AT YOUR RESUMÉ AND UPDATE IT, AND KIND OF TAILOR IT TO THE POSITION THAT'S OPEN AND YOUR LETTER OF INTEREST.
AND SO TO ME, SEVEN DAYS IS VERY MINIMAL TIME FOR THAT.
I KNOW THAT THERE IS NO STANDARD TIME, BUT IT IS VERY MINIMAL.
>> Lohmann: YEAH, AND WE'VE REACHED OUT TO FEMA AND JUST FOR WHAT IT'S WORTH, THEY SAID THAT THIS WAS AN EMERGENT POSITION THAT NEEDED TO BE HIRED QUICKLY AND THAT THEY SHARED IT WIDELY WITH STATE OFFICIALS ON THEIR FACEBOOK PAGE.
I WANTED TO ASK YOU ABOUT FACEBOOK.
YOU'RE THE MODERATOR OF A FACEBOOK GROUP THAT HAS ABOUT 13,000 MEMBERS, LAST I CHECKED, MAYBE MORE.
MANY OF THEM ARE SURVIVORS.
I JUST WAS HOPING YOU COULD KIND OF TAKE THE PULSE OF THAT GROUP, THAT COMMUNITY, FOR A MINUTE AND TELL ME WHAT CHANGES YOU'RE SEEING, YOU KNOW, OVER THE LONG COURSE OF THIS DISASTER.
LIKE, WHAT HAS CHANGED?
AND ULTIMATELY, ARE PEOPLE GETTING MORE FRUSTRATED?
LESS FRUSTRATED?
WHAT WOULD YOU SAY ABOUT THE LONG VIEW?
>> Cruz: SO THERE WAS A LOT OF ANGER AT THE BEGINNING, WHICH WAS UNDERSTANDABLE, BECAUSE THE FEDERAL GOVERNMENT SHOULD HAVE KNOWN BETTER.
EVERYONE WHO LIVES IN THE AREA KNOWS YOU DON'T LIGHT FIRES ON WINDY DAYS, YOU DON'T LIGHT FIRES IN DRY CONDITIONS.
AND SO THERE'S BEEN A LOT OF ANGER OVER THE COURSE OF THE FIRE.
AND WHEN FEMA FIRST CAME IN, THE MOST THAT THEY WERE KIND OF -- WELL, NOT THE MOST.
BUT AT FIRST, WHAT THEY WERE HELPING WITH WAS ABOUT $500.
SOMETIMES IT WAS A LITTLE OVER THAT IF THEY COULD SEE THAT THERE WAS SOMETHING MORE THAT NEEDED TO HAPPEN.
BUT $500 TO SOMEBODY WHO'S HAD SUBSTANTIAL DAMAGES IS NOTHING.
AND WHEN YOU'RE HEARING FROM ELECTED OFFICIALS, FROM THE PRESIDENT DOWN, DON'T WORRY, THE GOVERNMENT WILL TAKE CARE OF THIS, YOU'LL BE FULLY COMPENSATED, THAT'S WHAT THE EXPECTATION WAS.
AND EVEN PEOPLE WHO WERE DONATING TO THE SURVIVORS THOUGHT, OH, THERE'S NOT A NEED NOW BECAUSE THE GOVERNMENT IS DOING THIS.
AND SO THERE WAS A LOT OF RE-EDUCATION THAT NEEDED TO HAPPEN TO SAY, THE GOVERNMENT IS NOT TAKING CARE OF THIS RIGHT NOW.
THERE IS A LONG TIME BEFORE WE'LL SEE ANYTHING.
NOW THERE'S A LOT OF PEOPLE WHO HAVE WITHDRAWN THEIR CLAIMS FROM FEMA BECAUSE THEY'RE BEING ALMOST AUDITED, RIGHT, WHEN YOU'RE ASKED TO BRING IN RECEIPTS THAT YOU MAY NOT HAVE, TAX RETURNS FROM THREE YEARS.
IF YOU DON'T HAVE RECEIPTS, YOU'RE ASKED TO BRING IN BANK STATEMENTS AND CREDIT CARD BILLS, AND IT JUST IS REALLY TRAUMATIC FOR PEOPLE WHO HAVE EXPERIENCED SO MUCH TRAUMA ALREADY, TO BE FELT LIKE YOU'RE BEING CALLED A LIAR AND A THIEF AND A CHEAT EACH TIME THAT YOU'RE INTERACTING WITH THE OFFICE.
AND AGAIN, THIS IS THE POLICIES THAT THEY'VE ENACTED.
AND SO THERE'S A LOT OF ANGER.
THERE ARE PEOPLE WHO HAVE JUST THROWN IN THE TOWEL, AND I THINK THAT'S WHAT'S GOING TO HAPPEN.
I THINK THAT PEOPLE WHO CAN AFFORD TO WAIT IT OUT WILL WAIT IT OUT, AND THOSE THAT CAN'T WILL PROBABLY LEAVE THE COUNTY.
WE'VE BEEN LOSING POPULATION NOW FOR OVER TEN YEARS.
AND MANY PEOPLE ARE DEEPLY ROOTED IN THE COMMUNITIES AND IT'S TOUGH.
IT'S TOUGH TO BE THERE WITH SO MUCH DESTRUCTION, BUT IT'S EVEN WORSE WHEN YOU'RE NOT GETTING THE HELP THAT WAS PROMISED.
>> Lohmann: SPEAKING OF, KAYT, YOU RECENTLY ATTENDED -- YOU HAVE ANOTHER FUNERAL FOR A FIRE SURVIVOR, RAY HERRERA, WHO DIED BEFORE BEING ABLE TO RETURN HOME.
I SPOKE TO HIM A FEW TIMES MYSELF, AND I KNOW HE WAS GETTING VERY FRUSTRATED.
LIKE HE ONCE TOLD ME: 'FEMA WOULDN'T KNOW HOW TO POUR WATER OUT OF A BOOT EVEN WITH INSTRUCTIONS WRITTEN ON THE HEEL.'
>> Peck: THAT'S RAY.
>> Lohmann: DID YOU HEAR THAT ONE?
>> Peck: NO, BUT THAT SOUNDS LIKE RAY.
>> Lohmann: SO THIS IS THE SECOND FUNERAL YOU'VE PERSONALLY ATTENDED, MAYBE MORE, OF SOMEONE WHO WAS ACTIVELY TRYING TO REBUILD WHO WAS UNABLE TO MOVE BACK HOME.
WHAT HAS THIS PROLONGED RECOVERY DONE TO THE COMMUNITY YOU LOVE?
>> Peck: IT'S SHOWN THE DEPTH OF THE HURT.
IT'S SHOWN THAT THE PEOPLE, NO MATTER WHAT THE SITUATION IS, IN GENERAL THE PEOPLE MAKE GOOD DECISIONS.
ONE OF THE THINGS THAT I HAVE BEEN FRUSTRATED HEARING FROM FEMA, AND I DON'T PUT UP WITH IT ANYMORE, IS THE CONDESCENDING ATTITUDE TOWARDS THE PEOPLE.
PEOPLE IN MORA AND SAN MIGUEL COUNTY, AND THAT LITTLE PIECE OF TAOS THAT BURNED, THEY ARE NOT STUPID PEOPLE, BUT THEY'RE BEING TREATED LIKE THEY ARE.
BUT I THINK I WANT TO POINT OUT, IT'S DISHEARTENING.
YOU KNOW, A LOT OF THE SERVICES THAT ARE PROVIDED ARE MENTAL HEALTH THAT COME THROUGH.
BUT I WANT TO POINT SOMETHING OUT, BECAUSE OUR COMMUNITY HAS NOT WAITED FOR FEMA TO GET OFF ITS POSTERIOR.
THERE ARE THINGS HAPPENING.
THERE'S A GROUP CALLED NEIGHBORS HELPING NEIGHBORS.
I REMEMBER THE DAY IT FORMED.
IT WAS IN THAT SHELTER THE FIRST NIGHT AFTER THE BIG EVACUATIONS, AND IT WAS CHAOS.
PEOPLE WERE BRINGING STUFF IN, PEOPLE WERE COMING IN, IT WAS CHAOS.
I SAW A GROUP OF MAYBE FIVE WOMEN STAND IN A CIRCLE, TALK ABOUT WHAT WAS NEEDED, AND WITHIN AN HOUR THEY CREATED ORDER.
THAT'S THE LOCAL PEOPLE WITH NO PREPARATION WHATSOEVER.
AND THEN THAT ORGANIZATION, IT BECAME NEIGHBORS HELPING NEIGHBORS, WHICH CONTINUES TO THIS DAY TO SERVE THE PEOPLE.
THEY NOW ARE ADVOCATES.
YOU KNOW, THERE'S PHILANTHROPIC FUNDS THAT HAVEN'T BEEN WIDELY DISBURSED YET.
BUT BECAUSE OF NEIGHBORS HELPING NEIGHBORS CREATING AN ADVOCACY PROGRAM, NOW PEOPLE ARE GETTING -- I GOT SOME HELP FROM THEM TO PUT IN A SLAB SO I CAN TAKE A TRAVEL TRAILER OUT TO MY PROPERTY.
SO PEOPLE CAN GO TO NEIGHBORS HELPING NEIGHBORS AND YOU'RE GOING TO GET HELP QUICKLY.
THEY STILL MAKE THE CASE FOR IT.
THEY HAVE TO SHOW THAT THIS IS WHAT IS NEEDED AND WHY, BUT IT'S HAPPENING.
I KNOW -- I WORK WITH A GROUP CALLED COLLABORATIVE VISIONS IN MORA COUNTY WHICH IS TRYING TO WORK ON CREATING LONG-TERM SOLUTIONS.
THERE'S AN INNOVATIVE PROJECT THAT STARTED CALLED PLAZA NUEVA, AND AMONGST OTHER THINGS, IT'S GOING TO EVENTUALLY REPLACE THE PLAZA THAT MORA LOST IN 1847 IN THE SECOND BATTLE OF MORA.
THE LOCAL PEOPLE, WE DON'T NEED FEMA TO TELL US WHAT TO DO, WE NEED FEMA TO DISBURSE MONEY THAT HAS BEEN DESIGNATED BY THE LEGISLATURE, BY THE PRESIDENT, TO HELP PEOPLE, TO HELP PEOPLE REGAIN THEIR LIVES AGAIN.
THEY DON'T NEED TO BE TELLING US WHAT TO DO.
>> Lohmann: THANK YOU.
WELL, I JUST WAS HOPING THAT WE COULD END THIS WITH YOU BOTH TAKING ABOUT A MINUTE TO DESCRIBE IF YOU EVER ALLOWED YOURSELF A VISION OF A FULLY COMPENSATED, A FULLY RESTORED COMMUNITY, JUST WHAT YOU PICTURE WHEN YOU THINK ABOUT A COMMUNITY THAT'S FULLY COMPENSATED FOR THIS TERRIBLE MISTAKE.
WE CAN START WITH YOU, KAYT.
>> Peck: THESE PEOPLE, THE NORTEÑOS, THE PEOPLE, WHATEVER HISPANIC, INDIGENOUS, ANGLO, THERE IS A LONG HISTORY OF BEING RESILIENT.
WE'RE NOT GOING TO BE THE SAME, BUT I DO BELIEVE FIRMLY THAT THE PEOPLE OF THIS COMMUNITY, BECAUSE OF THEIR GRIT, THEIR DETERMINATION, THEIR INTELLIGENCE, WE'RE GOING TO BUILD BACK.
I DID SOME CONSULTING IN PUERTO RICO, AND I LOVED THEIR SLOGAN: BUILD BACK BETTER.
AND I THINK THERE'S GOING TO BE SOME PEOPLE THAT HAVE TO GIVE UP, THERE'S GOING TO BE SOME PEOPLE WHO AREN'T GOING TO LIVE TO SEE IT, BUT WE'RE GOING TO BUILD BACK BETTER.
WITH -- WELL, IT BETTER BE WITH FEMA, AND IT BETTER BE WITH THE FUNDS THAT HAVE BEEN DESIGNATED TO HELP.
BUT WE'LL BE BACK.
>> Lohmann: GLAD TO HEAR IT.
YOLANDA, DO YOU WANT TO SHARE YOUR VISION FOR WHAT IT CAN LOOK LIKE?
>> Cruz: THE BEAUTY OF THE AREA WILL ALWAYS BE SCARRED BY THIS FIRE, BUT THE BEAUTY ALSO EXISTS IN THE PEOPLE WHO ARE THERE.
AND THERE ARE SO MANY EFFORTS, INCLUDING OUR LOCAL COLLEGES AND DIFFERENT COMMUNITY GROUPS, AS.KAYT MENTIONED, THAT ARE LOOKING AT ECONOMIC DEVELOPMENT.
YOU KNOW, HOW DO WE CHANGE THINGS, HOW DO WE BRING IN MORE SKILLS.
THE FEMA CONTRACTS THAT WILL BE AWARDED TO HELP REBUILD, A LOT OF THE SMALLER CONTRACTORS DON'T HAVE WHAT'S NEEDED, THE LICENSING OR MAYBE THE INSURANCE OR OTHER THINGS, BOOKKEEPERS, THINGS LIKE THAT THAT ARE NEEDED, SO THEY'RE TRYING TO HELP NOW BUILD THAT CAPACITY.
SO I BELIEVE THAT THE COMMUNITY IS COMING TOGETHER AND WE'LL FIND WAYS TO BRING MORE STRENGTH AND LOOK AT WHAT OPPORTUNITIES MAY EXIST, AND JUST BE A STRONGER COMMUNITY BECAUSE OF THAT.
>> Lohmann: ALL RIGHT.
WELL, THANK YOU SO MUCH FOR ALL OF YOUR TIME AND YOUR EXPERTISE.
IT'S BEEN INVALUABLE TO ME AS I'VE REPORTED ON THIS ISSUE, AND YOU CAN EXPECT I'LL CALL YOU BOTH AGAIN SOON.
SO THANK YOU.
>> Peck: THANK YOU, PATRICK.
>> Cruz: THANK YOU.
>> Lou: FEMA HAS SET UP SEVERAL WAYS PEOPLE CAN GET HELP WITH THEIR CLAIMS.
THOSE INCLUDE A HELPLINE.
THAT NUMBER IS LISTED ON YOUR SCREEN RIGHT NOW.
IT'S 505-995-7133.
THE AGENCY HAS ALSO OPENED CLAIMS OFFICES IN SANTA FE, MORA, AND LAS VEGAS, NEW MEXICO.
WE HAVE A LINK WITH THEIR SPECIFIC LOCATIONS AND HOURS UNDER THIS STORY ON OUR WEBSITE AND SOCIAL MEDIA PAGES.
IF YOU’D LIKE TO APPLY FOR FREE FLOOD INSURANCE, FEMA SENT A REMINDER THIS WEEK LETTING PEOPLE KNOW THE DEADLINE TO APPLY FOR THAT THROUGH THE CLAIMS OFFICE IS APRIL 1st.
AS FOR PAT'S WORK WITH PROPUBLICA’S BYARD DUNCAN, YOU CAN READ THEIR STORY ABOUT YOLANDA AND OTHER FIRE SURVIVORS IN THIS WEEK’S SANTA FE REPORTER.
THE PAPER FEATURES A SERIES OF POIGNANT PORTRAITS BY PHOTOJOURNALIST ADRIA MALCOLM, WHOSE IMAGES WERE FEATURED ON OUR SET DURING PATRICK’S CONVERSATION WITH KAYT AND YOLANDA.
YOU’LL ALSO BE ABLE TO READ KAYT'S COLUMN ONLINE SOON AT SOURCENM.COM.
NOW, HERE'S OUR LAND SENIOR PRODUCER LAURA PASKUS.
>> Laura: A 1998 WOLF REINTRODUCTION IN THE GILA NATIONAL FOREST BEGAN WHEN SEVEN CAPTIVE-BRED MEXICAN WOLVES WERE RELEASED.
THIS WEEK, THE U.S.
FISH AND WILDLIFE SERVICE ANNOUNCED THERE ARE NOW 257 MEXICAN WOLVES.
THAT'S 37 PACKS HERE IN NEW MEXICO AND 23 IN ARIZONA.
THEY ALSO SAID 138 PUPS WERE BORN LAST YEAR, AND 86 OF THOSE SURVIVED IN THE WILD.
THE NUMBERS REPRESENT JUST A SLIGHT BUMP FROM LAST YEAR'S COUNT, WHICH HAS ACTIVISTS CALLING FOR CHANGES IN THE PROGRAM.
AND WHILE MOST NEW MEXICANS HAVE OPINIONS ABOUT WOLF REINTRODUCTION ONE WAY OR THE OTHER, MOST PEOPLE WILL NEVER SEE A WILD WOLF.
IN JANUARY, VIDEOGRAPHER JOHN BRITT AND I JOINED BIOLOGISTS WHO USE DIFFERENT TOOLS FOR THE COUNT, INCLUDING REMOTE CAMERAS AND SCAT COLLECTION.
ON THIS DAY, WE WATCHED HELICOPTER CREWS BRING ANIMALS THEY TRACKED BY TELEMETRY AND THEN DARTED, TWO FEMALE WOLVES, ONE FROM THE COTTONWOOD CANYON PACK AND FROM THE LEON PACK.
HERE'S A LOOK AT THAT DAY.
>> McGee: LAST YEAR, WE HAD A GROWTH OF 25 PERCENT WITH AN END NUMBER OF 242 MINIMUM.
I'M EXPECTING A GROWTH AGAIN THIS YEAR.
I'M NOT REALLY SURE HOW MUCH.
THAT'S PART OF WHAT WE'RE DOING RIGHT NOW, IS TRYING TO DETERMINE HOW MANY ARE OUT THERE.
>> Greenleaf: WE GET IN THE HELICOPTER, WE'RE GOING AFTER CERTAIN TARGET WOLVES, AND I GUIDE THE HELICOPTER IN USING RADIO TELEMETRY, TELL THEM WHAT OUR TARGET IS, AND IT KIND OF GOES OVER TO THE PILOT AND TO THE DARTER AT THAT POINT.
>> Oakleaf: AND THEN THE PILOT IS TALKING BACK AND FORTH.
ALLISON IS COMMUNICATING HAZARDS.
WE'RE BOTH LOOKING AT THE WOLF A LOT.
I'M ONLY LOOKING AT THE WOLF.
SO IN ORDER TO AVOID TREES AND STUFF, IF YOU DON'T HAVE ALLISON IN THERE, WE COULD EASILY RUN INTO STUFF.
SO CREW COMMUNICATION IS IMPORTANT.
AND THEN FOR MY PART, I'M JUST TRYING TO GET THAT DART INTO THE WOLF WITH TALL TREES AROUND, HELICOPTER MOVING, WOLF MOVING, WIND MOVING, THE WHOLE WORLD MOVING.
JUST TRYING TO GET THE DOT ON THE WOLF AND GET IT DARTED.
SO YOU MISS A LOT.
IT'S A HUMBLING EXPERIENCE.
BUT SOMETIMES YOU GET A SHOT AND YOU FEEL GOOD FOR A LITTLE WHILE.
>> Dr. Dicks: THIS WAS A PUP THAT WAS DARTED IN THE LEON PACK AREA.
WE HAD PLACED PUPS FROM CAPTIVITY, FROM MANAGED CARE ZOO, INTO THE DEN IN THE SPRINGTIME, WHICH I GOT TO HELP WITH.
SO IT'S ALWAYS FUN TO SEE THEM GROWN UP.
THIS PUP WAS ONE OF THE WILD-BORN PUPS, WHICH WE'RE ALSO VERY PLEASED ABOUT, AND ESPECIALLY WITH THIS CASE, BECAUSE THE MOTHER OF THIS WOLF WAS A FOSTER HERSELF SHE WAS BORN IN A ZOO.
SO IT'S NICE TO SEE THEM BE SUCCESSFUL.
>> THIS IS A YOUNG FEMALE.
NO, LEAVE THE DART.
DO EVERYTHING ELSE FIRST.
>> Dr. Dicks: GOT A BUNCH OF MEASUREMENTS, A LOT OF DATA.
IT'S AN ENDANGERED SPECIES, SO THERE'S A WHOLE LOT OF DATA FROM HER THAT'S FROM HER BODY, FROM HER BLOOD.
WE CHECK DISEASE TITERS, WE CHECK GENETICS.
AND THEN OBVIOUSLY WE PLACE A RADIO COLLAR, WHICH IS A REALLY SERIOUS PART OF WHAT WE'RE DOING HERE, IS THE REASON WE'RE CAPTURING HER.
>> McGee: THE RED ON THE SHOULDERS IDENTIFIES THAT THEY'RE BREEDING.
>> Dr. Dicks: I ALSO DO GO AHEAD AND STILL GIVE VACCINES TO THESE ANIMALS, THE SAME VACCINES YOUR DOG WOULD GET, RABIES AND DISTEMPER PARVO.
AS A VETERINARIAN, IT'S INDIVIDUAL ANIMAL HEALTH.
LIKE, I STILL HAVE TO CARE ABOUT EACH INDIVIDUAL WOLF.
BUT WE DO LOOK AT THE POPULATION, WE CALL THAT HERD HEALTH, AND SO I GET A LOT OF INTERESTING VETERINARY MEDICINE THAT WAY, TOO.
>> Lou: THANKS AGAIN TO LAURA AND PHOTOJOURNALIST JOHN BRITT FOR THEIR WORK ON THAT PIECE.
NOW, WE END TONIGHT WITH THE VERDICT AGAINST ‘RUST’ FILM SET ARMORER HANNAH GUTIERREZ-REED.
AFTER LESS THAN THREE HOURS OF DELIBERATION, A SANTA FE COUNTY JURY FOUND HER GUILTY OF INVOLUNTARY MANSLAUGHTER IN THE SHOOTING DEATH OF CINEMATOGRAPHER HALYNA HUTCHINS.
THEY FOUND HER NOT GUILTY OF A LESSER CHARGE, TAMPERING WITH EVIDENCE.
THE SANTA FE NEW MEXICAN’S PHAEDRA HAYWOOD REPORTS JURORS HAD BEEN INSTRUCTED THAT IF THEY FOUND GUTIERREZ-REED NOT GUILTY OF AN INVOLUNTARY MANSLAUGHTER CHARGE, THEY HAD AN OPTION OF FINDING HER GUILTY OF A LESSER CHARGE, NEGLIGENT USE OF A FIREARM.
THAT’S A PETTY MISDEMEANOR PUNISHABLE BY SIX MONTHS OF INCARCERATION.
BUT WITH THE GUILTY VERDICT ON INVOLUNTARY MANSLAUGHTER, SHE NOW FACES UP TO 18 MONTHS IN PRISON AND HAS BEEN ORDERED TO STAY IN JAIL AWAITING SENTENCING NEXT MONTH.
THE STATE OFFICE OF THE MEDICAL INVESTIGATOR RULED HUTCHINS' OCTOBER 2021 DEATH AN ACCIDENT AFTER LIVE BULLETS APPEAR TO HAVE BEEN MISTAKENLY MIXED WITH DUMMY ROUNDS ON THE SET.
THE MAN HOLDING THE GUN THAT KILLED HUTCHINS, ACTOR AND PRODUCER ALEC BALDWIN, IS ALSO CHARGED WITH INVOLUNTARY MANSLAUGHTER.
HIS TRIAL IS SET TO BEGIN IN JULY.
THANKS FOR WATCHING.
WE'LL SEE YOU NEXT WEEK.
>> FUNDING FOR NEW MEXICO In FOCUS PROVIDED BY VIEWERS LIKE YOU.

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