Gov. Bill Richardson granted executive clemency to 19 people to in his last days of office. Among the names was Edward M. Gilbert, a real estate magnate and the founder of Santa Fe company BKG. Conspicuously absent was Carlos Fierro, an attorney with ties to Richardson who committed vehicular homicide in 2008.

Richardson’s office had previously dragged its feet in releasing the clemency requests to the media.

Gilbert, a big campaign contributor to Richardson, has no convictions in New Mexico. However, he was convicted of embezzlement and stock manipulation in federal and New York state courts. Steve Terrell of the Santa Fe New Mexican has the explanation from Richardson’s office:

Gilbert Gallegos said Wednesday that Richardson’s clemency action only restores Eddie Gilbert’s citizen rights under state law. Asked whether that includes the right to vote — considering that federal offices like president and congressman are on the state ballot — Gallegos said he didn’t know.

A 2007 story from the New Mexico Business Weekly said Gilbert “landed in jail twice and did more than four years in Sing Sing and federal white collar prisons, but somehow has fought his way back to respectability and riches.”

Gilbert even temporarily fled the United States to Brazil to avoid jail before returning and facing the embezzlement charges.

Freelance reporter, and occasional contributor to The Independent, Peter St. Cyr reported that Richardson rejected 241 requests for clemency, including for the two inmates currently on death row. Robert Fry and Timothy Allen don’t face the prospect of clemency under Governor-elect Susana Martinez. Martinez has supported the idea of bringing back the death penalty. Richardson signed the repeal of the death penalty into law in March of 2009.

“Many of the 241 applications were rejected because they were incomplete or requested clemency for misdemeanor convictions,” St. Cyr wrote. “In his denial letters, Richardson wrote, ‘Unfortunately, a pardon to restore civil rights has no effect regarding conviction for misdemeanors, because a misdemeanor conviction does not negatively affect any of the civil liberties that a pardon restores.’”

Richardson said that he will not grant any other clemency requests — except for perhaps the clemency request of Billy the Kid, which he said he will decide on by tomorrow. Martinez will be sworn in on Saturday.

Freelance journalist and occasional contributor to the The Independent, Peter St. Cyr says that Gov. Bill Richardson’s office has been ducking inspection requests related to pardon applications in New Mexico. This comes as Richardson is considering a much-publicized posthumous pardon of Billy the Kid.

St. Cyr says he began searching for the information about the requests for pardon in November. His initial request was put off as being too burdensome. St. Cyr amended his request but was again rebuffed; he was told that the information he was looking for was already in boxes awaiting archiving.

St. Cyr requested the information using the Inspection of Public Records Act, or IPRA.

“The Inspection of Public Records Act is intended to provide the public with access to information about governmental affairs,” said St. Cyr in an e-mail to The Independent.

The Santa Fe New Mexican reported, “The Governor’s Office did not say why the request was burdensome and/or broad. In general, the state’s Inspection of Public Records Act gives a public agency 15 days to respond with information, unless records are already in archives, for example, and it will take longer to retrieve them.”

The New Mexican has also faced problems in looking for the information using IPRA.

“Open government — that is, the public’s access to government actions — is a crucial aspect of a functioning democracy. Frankly, their claim the records are in boxes for archiving is not a reasonable excuse to deem the request burdensome, especially since they announced they had received a request to pardon Billy the Kid just last week,” said St. Cyr.

Gov.-elect Susana Martinez, who will be sworn in on Jan. 1, has already been criticized for her transparency after her transition team denied the Santa Fe New Mexican’s request for information on applicants for the New Mexico State Police chief and head of the state Department of Public Safety.

When the polls close at 7 p.m., we’ll embed a webcast in that live blog. Editor Gwyneth Doland will join Gene Grant, the host of New Mexico in Focus, and Sarah Gustavus of KUNM News. Special in-studio guests will include Senate Majority Leader Michael Sanchez, former Republican candidate for governor Janice Arnold Jones, reporter Peter St. Cyr and Sophie Martin of New Mexico in Focus and The Duke City Fix.

We’ll talk to former New Mexico Gov. Gary Johnson by phone and check in with the candidates at their watch parties.

Can’t be at your computer all night? You don’t have to. Our panel will also be broadcasting on KUNM from 7-10 p.m. and on KNME from 10-11.

Sign up below to get an e-mail when we launch the live blog:

The highlight of our coverage will begin at 7 p.m. with a webcast, live from the studios at KNME. Editor Gwyneth Doland will join Gene Grant, the host of New Mexico in Focus, and Sara Gustavus of KUNM News. Special in-studio guests will include Senate Majority Leader Michael Sanchez, former Republican candidate for governor Janice Arnold Jones, reporter Peter St. Cyr and Sophie Martin of New Mexico in Focus and The Duke City Fix.

We’ll be analyzing the election results, checking in with NMI and KUNM reporters in the field and talking to some of the candidates themselves. We may also have some very exciting special guests, so you wont want to miss a minute of it!

Can’t be at your computer all night? You don’t have to. Our panel will also be broadcasting on KUNM from 7-10 p.m. and on KNME from 10-11.

Sign up below to get an e-mail when we launch the live blog:

ACLU-NM Executive Director Peter Simonson cited several reasons for the award, including The Independent’s “critical, nonpartisan coverage of state politics; its efforts to bring legislative decision-making directly to the public through web streaming and live blogging; and its efforts to revive meaningful investigative reporting.”

Each year, ACLU-NM recognizes a journalist, author, or news outlet for outstanding commitment to transparency and honesty in reporting.  The First Amendment Award is given to journalists not for agreeing with the ACLU’s positions, but for representing the highest ideals of free speech.

From left to right: Contributors Patricia Sauthoff and Larry Behrens, editor Gwyneth Doland, senior writer Trip Jennings, reporter Marjorie Childress, former senior writer Heath Haussamen and contributor Matthew Reichbach. Not pictured: reporter Bryant Furlow.

NMI team members Marjorie Childress, Bryant Furlow, Trip Jennings and Matthew Reichbach join editor Gwyneth Doland and former staffers David Alire Garcia and Heath Haussamen in fist-pumping, high-fiving and ridiculous end-zone dancing…er…we mean…delight at this news.

We’d also like to extend a special thanks to Larry Behrens and Patricia Sauthoff, who helped us dramatically expand our coverage of the last legislative session, including detailed reports from committee meetings, insightful stories about major decisions on the floor and brilliant live blogging.

Thanks to all of the writers, editors and interns who’ve worked with us since 2008, especially Barb Armijo, John Arnold, Danielle Bauer, Joel Gay, Allison Littman, Tim McGivern, Kate Nelson, Laura Paskus, Kate Rodgers, Peter St. Cyr and Denise Tessier.

Accountability reporting is the signature of The New Mexico Independent,” said David S. Bennahum, President and CEO of The American Independent News Network, which publishes The New Mexico Independent.  “We are thrilled that NMI is being recognized for its work by the ACLU of New Mexico with this honor.”

On the third day of the 2010 legislative session, the House and Senate each met briefly, but the real action was in a Senate Judiciary Committee hearing, where whistleblower Frank Foy told state lawmakers the Richardson administration was stonewalling his request for more information on alleged corruption in state investment funds. Click the box below to read a transcript.

Our guest for this live blog was Peter St. Cyr, chief political reporter for 770 KKOB.

The interview was conducted by Peter St. Cyr for KNME’s New Mexico in Focus, and you can see the clip in question on the show’s Web site. Denish’s remarks refute a report written by Jim Scarantino, the editor of a new website called The New Mexico Watchdog, which is funded by the libertarian Rio Grande Foundation.

Denish said that her office has canceled checks and invoices showing that the Christmas cards were printed and mailed out of campaign funds, so the allegation is a patently false lie. She said Scarantino didn’t check his facts or ask follow-up questions.

Denish also took aim at the Watchdog, saying it is:

…a rightwing conservative group that’s in the business of attacking me and other people that they want to sully their record, if they can. That’s really an important note…they’re in the business, they’re doing it all across the country, they mischaracterize the facts.

After Scarantino’s report was published, the Republican party, former NM Rep. Heather Wilson, and several Republican gubernatorial candidates issued press statements blasting Denish.

One proposal that is gaining some attention is the proposal to “Provide early release to non-violent prisoners within three months of release.”

Peter St. Cyr caught up with Darren White, the Bernalillo County Sheriff and Albuquerque mayor-elect Richard Berry’s choice for chief public safety officer, to ask him about the proposal.

“We need less criminals on the street,” Bernalillo County Sheriff Darren White said. “I would need to know how they define ‘non-violent criminal. Burglars are not classified violent, but we’re trying to take them off the street and reduce property crime in Albuquerque.”

House Minority Whip Keith Gardner, R-Roswell, told St. Cyr he believes that burglars are considered violent and that he doesn’t necessarily agree with all 48 proposals.

So which of the 48, listed below, is your favorite or least favorite?

1. Pull back appropriations for all unfilled (full-time employee positions.)

2. Suspend compliance requirements in all agencies unable to respond fully to filling within 14 days.

3. For students who are a discipline problem in school, or who choose to leave school, provide mandatory supervised community service work in city, county and state maintenance programs (especially parks) where facilities will be neglected as a result of cuts. Provide exemption for academic credit and access to GED materials.

4. Repeal the pit rule. Implement a moratorium on all new rules by all agencies.

5. Order (Public Education Department to limit testing requirements to federal standards. Examples of current tests include: NMSBA (5), NMELPA (5) Short Cycle (3), DIBELS (3), and NMHSCE (2); estimated days in parentheses.

6. Require all paper reports by state agencies to be sent by e-mail, unless specifically requested in paper by legislators.

7. Stop the contract on Rose Bowl Parade Float.

8. Eliminate Intensive Support Coaches for (Developmental Disabilitywaiver programs and fund DD waivers so that services reach the individuals in need.

9. Authorize school districts to create and maintain sufficient cash balances to meet emergencies without having to apply for supplemental funding.

10. Audit all attorney invoices of plaintiffs suing the state.

11. Require carpooling by all state employees traveling to the same destination.

12. Cease all Game and Fish Department expenditures in support of the wolf reintroduction program.

13. Release 2008 Special Session funding for (Developmental Disabilty) Waivers.

14. Within 30 days, layoff all employees (usually exempt) who are not fully contributing to the agency mission.

15. Ask the Obama Administration to improve processing of federal education reimbursements. The reimbursement process is very slow resulting in school districts carrying excessive money in accounts waiting for reimbursements.

16. Of the 423 exempt employees: lay off half or cut the salaries by half.

17. If the Secretary of Human Services receives an appointment in the Obama administration, name a deputy secretary as interim secretary with no pay increase.

18. Ask employees to volunteer for up to 30 days unpaid leave.

19. Ask all agencies to cut operations by 20% but improve productivity by 10%. Provide incentive bonus pools for employees of agencies meeting this goal.

20. Suspend all contracts that only augment agency expertise.

21. Implement a true hiring freeze.

22. In grades 5 through 12, review class size standards. Ask schools to determine which classes could function well or better with more students.

23. Reduce school bus transportation costs by cutting back on very long routes and making city bus routes start farther from schools.

24. Review energy use policies. Unplug or turnoff anything not required over night such as chargers, printers, etc.

25. Cut back on high cost printing projects such as the NMFA annual report, the $40,000 New Mexico Wildlife newsletter.

26. Suspend executive agency trade missions, out of state conferences, or trips to chat with CEOs. Use phone conferencing and webinar as a replacement.

27. Review and reduce Public Safety Weed and Seed programs, that increase load on legal and corrections system for which there is not funding.

28. Review all unfunded federal mandates and cease compliance.

29. Review professional mediation services to reduce costs.

30. Ask psychologist and mental health professionals which programs produce consistent, positive results, then phase out and eliminate less successful programs.

31. Provide early release to non-violent prisoners within three months of release.

32. Ask employees to identify programs, processes and tasks that they perform that contribute little or nothing to the mission of the agency. Cut those activities..

33. Review, combine and reduce travel in state vehicles. Schedule trips to take place during non-peak driving hours.

34. Require all agencies to follow uniform procedures act and subject all proposed new to an economic impact review.

35. Ease work rules for teachers to concentrate on teaching.

36. Check out other cost savings ideas implement by other States that can work in New Mexico

37. Terminate employment of all employees on administrative leave longer than 90 days.

38. Use the correct sized envelope for correspondence. No more mailing of single 8.5 x 11 sheets in a 10 x 13 envelope. Fold! Fold! Fold! Better yet, use e-mail!

39. Turn off air conditioning or heat in buildings during mild fall days. Open windows, or use fan only settings.

40. Turn off lights when not in use.

41. Eliminate instructional teaching coaches and mentors.

42. Delay High School Redesign strategies such as a) Increased Math Requirements; b) Upcoming requirements of ACT or WorkKeys/Career testing (about 40 to 50 dollars per Junior – unbudgeted)

43. Delay or suspend selected education reporting requirements including suspending contracts for reporting software (at state level) such as: OBMS, STARS, Web-EPSS, and Certiclear (Federal Stimulus Reporting). This step would reduce or eliminate the staff hours (and FTEs) districts need to comply with reporting.

44. Ask CPA professional groups and accounting and MBA students to volunteer to perform audits on school districts unable to comply with audit requirements.

45. Sell the state jet.

46. Suspend all contracts and new expenditures on the spaceport.

47. Suspend all non-essential advertising by state agencies.

48. Reduce executive staff at Governor’s mansion.

Bode’s firm, Bode Aero Services, provides services at the city’s Double Eagle II airport on the West side. Bode is alleging that the city is holding his firm’s lease hostage because he said no to free or reduced air flights.

The mayor and city officials say Bode’s allegations are false.

But now Bode’s allegations are making waves in the mayor’s race with less than two weeks to go, and in a very public way.

In his 391-page deposition, Bode told an attorney deposing him earlier this year that he had videotaped two city representatives who told him that the city staff was OK with the company’s leases but that “it was the mayor who held up these leases.”

That exchange appears on the video up on St. Cyr’s blog.

Bode secretly videotaped the two men when they visited him at Double Eagle II in 2007. Bode said he has offered the videotapes to the city before the start of a state court hearing last year.

Bode says in the deposition that there is a sign in the room where the men were videotaped that a surveillance camera is in use.

The issue of potential conflicts came out last week when the defense attorney for one of those indicted, Elizabeth Kupfer, confirmed to NMI’s Heath Haussamen that one of two assistant attorney generals prosecuting the case was once fired by Kupfer, who worked as the AG’s administrative services director.

Kupfer’s attorney, Hank Farrah, confirmed in an interview that Kupfer carried out the firing of Assistant Attorney General Chris Lackmann sometime during the administration of former AG Patricia Madrid, who ordered the firing. Farrah would not reveal other details.

The potential conflict of interest is likely to remain a source of contention until it’s resolved. King’s office indicted Vigil Giron, Elizabeth Kupfer, her husband Joe Kupfer and media consultant Armando Gutierrez in a vast embezzlement and money laundering scheme.

But King told Peter St. Cyr this weekend in a radio interview that his office doesn’t have any conflicts of interest and that his agency specifically did an analysis to see if any conflicts were existing.

Here’s a partial transcript of what King told St. Cyr:

“With regard to allegations that there’s a conflict, my office always does a careful conflict check when we do our cases. We do not believe there are any legal conflicts that would prevent us from pursuing this case. I suspect that the defense lawyers will try and raise this in a couple of different ways and when they do we’ll address those issues. I really work hard for the Attorney General’s Office to be a good law firm and every good law firm tries to be cognizant of the fact that conflicts can arise. And we don’t ever want to operate in a situation where a conflict would prevent someone from getting a fair trial. So we’ve analyzed that and we don’t think there are any conflicts that would prevent the defendants in this case from getting a fair trial. And so they are entitled to disagree. And they’re even entitled to raise the issue with courts, or they may raise it with the bar association or something. If we get good solid information that says there is a conflict I am not aware of, we’ll analyze that and we’ll proceed accordingly.”

St. Cyr then asked King:  “You’re not ready today to hand it over to a special prosecutor?”

King replied: “I don’t think it’s necessary.”

King went on to tell St. Cyr that “one of the things that I’m a little bit concerned about is some of the allegations of conflict are not factually based. So when we do get to a point where we do talk about whether there is a conflict or not, it’ll have to be based on the facts and not on some allegation that’s made by the defense attorneys.”