Declining Performance

I probably should have given this more attention last week, but I guess better late than never. It looks like even by her own accounting District Attorney Kari Brandenburg's performance is spiraling downward (subscription):

[Kari] Brandenburg says the DA's Office got convictions in 57 percent of the cases it took to trial in 2007 and says the overall conviction rate since she took office is more than 95 percent, taking into account guilty pleas.

Brandenburg concedes the data raise some questions and said she will thoroughly look into all of the cases on the list.

She pointed out that some of the cases were gang-related and witnesses backed out of testifying at the last minute. Four of the acquittals and three of the mistrials involved sex crimes, which she said are hard to get convictions on.

Of the four murder cases on this year's list, there were three convictions and one acquittal.

Torraco had a different view of the 2008 statistics.

"It's a disgrace. It's a travesty. There are a million words to describe this," said Torraco, who believes the DA's Office should win 80 percent of its cases. "I am seriously questioning their ability to analyze cases.

"When we have a DA whose loss record is greater than 50 percent, we know she is clogging the system with cases that should not have even been brought."

Let's review, shall we? District Attorney Kari Brandenburg has an overall conviction rate over the last eight years of 95%. But, in 2007 according to her own analysis, that rate dropped to 57%, and then according to an analysis done by her opponent in the District Attorney's race, Lisa Torraco, that conviction rate has dropped down to an alarming 37% for the first six months of this year.

At this rate of decline, it won't be long before the all of the criminals are running around free on our streets. But, probably most troubling for me is this statement that District Attorney Brandenburg made:

Brandenburg concedes the data raise some questions and said she will thoroughly look into all of the cases on the list.

How can you run an office as District Attorney and only become aware of the precipitous drop in convictions through an Albuquerque Journal interview? How exactly has she been benchmarking her performance if she wasn't already aware of the significant declines in convictions.

It's this type of declining performance that makes it clear that District Attorney Kari Brandenburg must go.

Disclosure: I'm supporting Lisa Torraco for D.A.

What's Wrong with District Attorney Kari Brandenburg?

It looks like Eye on Albuquerque has done a heck of job answering the question: What's wrong with re-electing Kari Brandenburg as District Attorney?

The Reminders Just Keep Coming

It's like District Attorney Kari Brandenburg is purposely flaunting all of the reminders of why she should not be re-elected to another term in office (subscription):

The prosecution and defense squared off in Bernalillo County Metropolitan Court on Tuesday in the case of a University of New Mexico student who ripped down a Mexican flag in September.

Student Peter Lynch has said he did so because it was flying at the administration building unaccompanied by the U.S. flag, a breach of flag protocol.

The incident sparked a firestorm last fall, with supporters of the student asserting that his actions were proper given the violation of flag etiquette. Others accused him of being racist.

Among those in the gallery were camera crews from four television news stations.

Lynch is charged with a count of criminal damage to property. If convicted, he could be sentenced to up to six months in jail and a fine of up to $500.

If you need a reminder of what the real issue is here, go back and look at this original post about the U.S. flag code. This is the second time it has come to light that D.A. Brandenburg is prosecuting veterans to the fullest extent of the law for protecting their rights and standing up for the laws of the land. Is she on a vendetta against our veterans?

Of course, when it comes to her judicial cronies, D.A. Brandenburg is only too happy to look the other way. There is something seriously wrong here. A change has to be made.

Judicial System is in Shambles

Bernalillo County District Attorney Kari Brandenburg continues to make decisions that just leave you scratching your head and wondering, "What can she possibly be thinking?" First, her office prosecutes a war hero to discourage other law abiding citizens from protecting their families and property from drug crazed career criminals. Now, Kari Brandenburg decides to look the other way while criminal judicial misconduct undermines the very structure of our legal system:

Metropolitan Court Judge J. Wayne Griego was accused of fixing tickets for years, and now he admits he did it.

His attorney filed paperwork today agreeing his client committed willful misconduct in office.

Griego basically said here he agrees with the Judicial Standards Commission which had investigated his conduct and recommended the New Mexico Supreme Court punish him.

Now Griego is asking the Supreme Court to follow the commission recommendations and just suspend him for interfering in the judicial process. The justices could, if they choose, remove him from the bench entirely.

Griego fixed for his family, friends and even his Realtor. They cover everything from speeding to parking, from resisting an officer to bench warrants.

We're not talking about a one-time bad decision, which would be reason enough to remove him from the bench. We're talking about a judge who admits he has been "fixing tickets for years."

The citizens are outraged.

Protesters rallied outside Metropolitan Court in downtown Albuquerque today demanding a criminal investigation in the case of the ticket-fixing judge.

But, our county's chief prosecutor, Kari Brandenburg, just doesn't seem too concerned:

Bernalillo County District Attorney Kari Brandenburg said at this point she is not pursuing the Griego case.

Ms. Brandenburg, at what point would you be interested in pursuing this case? There is something seriously wrong with a District Attorney that prosecutes heroes yet turns a blind eye when it comes criminal justices. This is just another reason to consider an alternative to District Attorney Brandenburg come November.

The Bigger Threat to Society

Now you tell me who is the bigger threat to society? The decorated marine that the District Attorney's office had thrown in jail for protecting his family and his property or the six-times-convicted drunken driver (subscription) STILL swerving around on our streets :

Ignition interlocks are supposed to keep convicted drunken drivers off the road if they drink any alcohol.

That didn't happen Saturday night, when a six-times-convicted drunken driver got behind the wheel of his interlock-equipped pickup, started it and hit the streets.

Dan R. Gallaher, 38, of Albuquerque was driving with a blood-alcohol level more than twice the presumed level of intoxication when police pulled him over on Montgomery NE, according to a criminal complaint filed at Bernalillo County Metropolitan Court.

Gallaher has six prior DWI convictions, according to the New Mexico DWI Resource Center. He had an ignition interlock and an interlock license, the criminal complaint says.

Of course, the District Attorney's office is more interested in sending "messages" to law abiding citizens than to protecting us from criminal predators:

Noting the victim's two prior burglary convictions and making reference to recent car theft statistics, [Assistant District Attorney Theresa Whatley] said the court should send a message to people about being overly zealous in protecting their property.

Well, I think the District Attorney ought to take a close look at what people are saying about this message. The District Attorney has gotten a free ride for too long:

"I feel like I'm in Heaven," exclaimed a giddy Bernalillo County District Attorney Kari Brandenburg from her downtown ABQ office . She was giving me her reaction to the news that she will have no Dem primary opponent and no General Election foe either. A free four year ride is a rarity in the high-profile DA's job, and Kari was relishing the moment.

This is an elected position and the escalating crime rate combined with the persecution of heroes is a wonderful reminder of why it is an elected position.

Based on a press release I received late yesterday afternoon, it looks like we are going to be able to do something about the ongoing failures of this office:

Lisa Torraco today announced her candidacy for the office of Bernalillo County District Attorney.

"I can not in good conscience stand by and watch as our legal system continues to fail those it is designed to protect and prosecute those whose greatest crime is protecting their families and property from criminal predators," Torraco stated during a press conference on the steps of the District Court.

At a recent Crime Convention Conference sponsored by the Greater Albuquerque Chamber of Commerce, it was noted that everyday 17 houses are broken into and every 95 minutes a car is stolen.

"Crime is an ever increasing problem in our city," added Torraco. "Yet, the District Attorney's office is focusing their efforts on sending message to law abiding citizens that it is not okay to protect their families by throwing a decorated Marine behind bars for protecting his family from being burglarized by a twice convicted felon.

"The DA zealously pursues cases against law abiding citizens and dismisses others against repeat offendors – there seems to be no rhyme or reason." Torraco adds "The police are doing their jobs, we deserve a District Attorney that does hers.

"I am stepping up to the plate to do the job that needs to be done. I live here, I'm raising my children here, and I will fight to throw criminals, not heroes behind bars."

Lisa Torraco is a 1991 graduate of University of New Mexico School of Law. Upon graduation Torraco worked as an assistant district attorney for the Second Judicial District. In 1993, she worked for the Santa Fe District Attorney's office where she was appointed to lead the Child Abuse Division for Santa Fe, Rio Arriba and Los Alamos Counties. A career prosecutor, Lisa Torraco has prosecuted all levels of felony and misdemeanor cases and was awarded "New Prosecutor of the Year" in 1993.

Disclosure: I have signed Lisa Torraco's petition to get on the ballot and had the pleasure and honor of joining her on the Jim Villanucci show yesterday afternoon during the 3:00 hour.