Santa Fe New Mexican, Dec. 16, 2014

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Saints trounce Bears 31-15, grab NFC South lead Sports, Sports B-1

Tuesday, December 16, 2014

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Santa Fe Institute names new leader Scientist David Krakauer will become the organization’s seventh president. PAGE A-6

City Council pursues land for fire station Councilors hastily approve a plan to lease 30.5 acres on the city’s southwest side. PAGE A-6

Three die in Sydney hostage situation Australian authorities say two hostages and the gunman were killed when police stormed a cafe after a 16-hour standoff. PAGE A-3

Advantage Asphalt rests case in fraud trial No defense witnesses testified; lawyers say burden of proof on state By Phaedra Haywood The New Mexican

Advantage Asphalt and Seal Coating owner Joe Anthony Montoya won’t testify in his own defense against fraud and bribery charges, and neither will anyone else.

Montoya’s attorney Sam Bregman and Monnica Garcia, the attorney for the company, rested their case Monday without calling a single witness or Joe Anthony presenting one piece Montoya of evidence. “The government didn’t even come close to proving any crime against Anthony Montoya,”

Bregman said Monday. “It’s their burden to do so, therefore we have no need to present any evidence.” Closing arguments are scheduled for Tuesday, and then the case heads to the jury. Montoya, his company and his wife, Marlene Montoya, were indicted in 2012 on dozens of felony counts of bribery, fraud, conspiracy and permitting or making false public vouchers. The couple and their company were accused of bribing public employees

Ruling on casino talks appealed by U.S., pueblo

By James Risen and Matt Apuzzo The New York Times

WASHINGTON — Almost immediately after transferring the first important prisoner they had captured since the 9/11 attacks to a secret prison in Thailand, CIA officials met at the agency’s headquarters to debate two questions they had been discussing for months. Who would interrogate Abu Zubaydah, and how? A CIA lawyer at the April 1, 2002, meeting suggested the name of a psychologist, James Mitchell, who had been on contract for several months, analyzing al-Qaida for the agency’s Office of Technical Service, the arm of the CIA that creates disguises and builds James Bond-like spy gadgets. The lawyer, Jonathan Fredman, had heard the name from someone in the office, and within hours of floating it, counterterrorism officials were on the

By Steve Terrell The New Mexican

Pasapick

Please see TORTURE, Page A-4

Navajo Nation Vice President Rex Lee Jim

By Milan Simonich The New Mexican

S

tate District Judge Sheri Raphaelson spent five weeks arguing that voters ousted her in an illegal election, but the New Mexico Supreme Court needed only 19 minutes Monday to rule against her. In a 5-0 decision, the Supreme Court said November’s election results stand and that Raphaelson must relinquish her bench in the Santa Fe-based First Judicial District on Dec. 31. She primarily hears cases in Tierra Amarilla. Raphaelson, 50, declined to comment as she left the Supreme Court building with her lawyer, Doug Perrin. Perrin had tried to persuade the justices that state law specifies district judges are to stand for retention six years after

being elected. By this reasoning, Raphaelson would not have been on the ballot until 2016. Assistant Attorney General Scott Fuqua, arguing to remove Raphaelson from office, said all district judges are on the ballot for retention every six years. That system has been in place since 1990, after the passage of a constitutional amendment, and it had gone unchallenged until voters rejected Raphaelson last month. Raphaelson was appointed as a district judge to fill a vacancy in 2009 and then won election in 2010. The judge she succeeded took office in 2008, and that bench was up for retention this year, Fuqua said. Perrin stuck to his argument that “the plain reading of the statute” showed that Raphaelson was not due to stand for retention this year. This brought a series of

tough questions from the court. Justice Richard Bosson asked why Raphaelson didn’t raise her claim before the election occurred. Instead, Bosson said, Raphaelson allowed her name to go on the ballot without any objection, putting the Supreme Court in “the rather ridiculous position” of being asked to overturn the voters’ decision. Perrin said Raphaelson had no legal basis to complain before the election, and she had nobody to sue because she had not yet been wronged. But Justice Petra Jimenez Maes said Raphaelson could have gone to the secretary of state to challenge her inclusion on this year’s ballot. Then, if Raphaelson had lost at that level, she could have asked for a court ruling before the

Please see RULES, Page A-4

Acupuncture services for everyone www.pasatiempo magazine.com

Clinic offers group treatments, low prices. BUSINESS, A-9

Obituaries

Today

Carols and Lullabies 2014, 8 p.m., Cathedral Basilica of St. Francis of Assisi, 131 Cathedral Place, $20-$70, tickets and concert-series schedule available at desertchorale.org. More events in Calendar, A-2 and Fridays in Pasatiempo

Bunny Conlon, Dec. 11 Vincent Michael Perez Jr., Dec. 14 Billy Frank Roybal, Dec. 11

Periods of clouds and sunshine. High 47, low 24.

PAGE A-8

PAGE A-12

Calendar A-2

Classifieds B-6

Tribal leaders spent about $1.12 million to buy back tribal artifacts put up for sale at a contested auction Monday in Paris.

The state Supreme Court on Monday said District Judge Sheri Raphaelson must relinquish her bench in the Santa Fe-based First Judicial District on Dec. 31. CLYDE MUELLER/THE NEW MEXICAN

Santa Fe Desert Chorale Winter Festival

Index

chose haste over analysis Psychologist advisers selected with little debate or vetting

Pojoaque challenges judge’s decision blocking federal gaming compact

Please see APPEALED, Page A-5

Please see RESTS, Page A-4

CIA, on path State Supreme Court rules against Raphaelson to torture, Voters’ decision upheld, judge must vacate District Court bench

Both the Pueblo of Pojoaque and the U.S. Department of the Interior have appealed a federal judge’s decision to stop the pueblo from negotiating a gambling compact with the federal government rather than the state. The move is the latest development in a battle between Gov. Susan Martinez’s administration and the pueblo, which operates two large gambling operations north of Santa Fe — the Buffalo Thunder Resort & Casino and the Cities of Gold Casino. The tribe’s current compact with the state of New Mexico, under which the state receives a share of tribal gambling revenue while development of non-Indian casinos is banned, expires in June 2015. The two sides have been unable to come to terms over a new arrangement. Martinez in August sued the Interior Department to stop Pojoaque from negotiating a compact with the federal government, arguing that the federal agency was trying to illegally supplant the state’s right to reach its own deal. In October, U.S. District Judge James Parker agreed and ruled that the Interior Department didn’t have legal standing. Parker said a tribe can’t invoke Interior Department rules to seek a compact from the federal agency if the tribe has failed to negotiate a compact with the state. Lawyers for Interior Secretary Sally Jewell filed a notice of appeal to the federal 10th Circuit Court of Appeals on Dec. 11. Lawyers for the pueblo filed a similar notice the next day. “The filing of the notices evidence that both the Secretary and the Pueblo disagree with the federal judge’s decision and is a strong show of support

to get work from the county, then billing the government for jobs using the county’s own labor and materials. Some of the charges also related to allegations that the company had submitted fake invoices to the developers of the Rancho Viejo subdivision. Three county employees also were charged in the case. Charges against one of them were dropped in 2013. The other two pleaded guilty and took plea deals.

Comics B-12

Main office: 983-3303 Late paper: 986-3010 News tips: 986-3035

Crosswords B-7, B-11

Lotteries A-2

Opinions A-10

Sports B-1

Time Out B-11

Navajos buy back artifacts at auction Tribal officials get sacred items for $1.12 million after bidding war By Thomas Adamson The Associated Press

PARIS — The Navajo Nation won its bid Monday to buy back seven sacred masks at a contested auction of tribal artifacts in Paris that netted over a million dollars. The objects for sale at the Drouot auction house included religious masks, colored in pigment, that are believed to have been used in Navajo wintertime healing ceremonies. The sale went ahead despite efforts to halt it by the U.S. government and Sen. John McCain of Arizona. The sale — which totaled $1.12 million — also included dozens of Hopi katsinas and several Pueblo masks embellished with horse hair, bone and feathers, thought to be from the late 19th and early 20th centuries. The Associated Press is not transmitting images of the objects because the Hopi have long kept the items out of public view and consider it sacrilegious for any images of the objects to be published.

Please see BUY, Page A-4

Local Business A-9

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Two sections, 24 pages 165th year, No. 350 Publication No. 596-440


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