Udall speaks


Rep. Tom Udall answers questions posed by a panel of students Friday at UNM-Gallup during a panel discussion for students and the public. After the discussion, Udall presented a long overdue purple-heart medal to Eddie Romero.

Photo by Jeff Jones

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Is judge releasing violent men?
Court officials won't talk about Rhoda Hunt's decisions

Andrea Egger
Staff Writer

GALLUP — Magistrate Court's new presiding judge would not second-guess Magistrate Rhoda Hunt's decisions to release without bond two men — one who confessed to child sexual abuse and a Ramah police officer whose wife said he tried to kill her.

Magistrate John Carey, who became presiding judge — the boss — for Magistrate Court Feb. 11, said he will not discuss another judge's decision.

"No judge is going to review or discuss in the newspaper another judge's decision. That would be wrong," Carey said.

Citizens expressed concern when Hunt released Gerald Lopez, 28, of 130 Sunset St., without a bond, after Lopez was arrested Monday and charged with criminal sexual penetration in the first degree. The release occurred despite the fact that Lopez had confessed to police that he digitally penetrated a 12-year-old girl.

Also released without having to pay bond was Ramah Police Officer Cornelies Thomas, 31, whose wife told police he beat her and tried to strangle her March 25. Hunt at first signed a $10,000 arrest warrant, and Gallup Police arrested Thomas March 29.

But the next day, a Saturday, Hunt telephoned the jail at 9:35 a.m., rescinded the bond and ordered the jail to release Thomas, said McKinley County Adult Detention Center Major Scott Clark.

Usually, people arrested on a Friday have to wait until Monday for arraignment in front of a magistrate. Hunt would not comment on her decisions.

Thomas' father, Navajo Police Capt. D.K. Thomas, did not return telephone calls to his office in Crownpoint.

The two releases were made "on one's own recognizance," which is court lingo meaning the defendant pays no bond and agrees to appear at court dates.

Lopez's release made his neighbors nervous, as they called the Independent and Magistrate Court. Thomas' release was done without notification to his wife. However, neither release has led to reports of further violence.

Hunt isn't just an easy judge on bonds. She recently gave confessed murder suspect Marlene Miller a $1 million bond in the beating death of her boyfriend at Junker bridge.

But Hunt's given bonds to other people with lesser offenses than Thomas and Lopez. For instance, Magistrate Court records show Hunt issued a bond of:

$25,000 cash-only to Clofio Lopez, 65, of 112 Arnold St., for a charge of possession of a firearm by a felon.

$5,000 cash or surety to Duane Yazzie, 34, burglary.

$20,000 cash or surety, then reduced to $2,000 cash or surety to Orlinda Grey, 28, regarding an aggravated battery case and a hit-and-run.

$1,000 cash or surety for Kenneth Jones, 22, of Crownpoint for vehicle burglary.

$5,000 cash or surety for Mustapha Kamara, 22, of Fairlesshill, Pa., for possession of more than 8 ounces of marijuana.

$6,000 cash-only for Corbert Joe Jr., 43, of Window Rock, for writing a worthless check.

Hunt's conduct also appears to be in question. Magistrate clerks, who asked not to be named, said Hunt played favorites with some clerks and verbally abused others, making work terrifying for some clerks. One clerk said she believed a formal complaint had been made against Hunt with the Judicial Standards Commission in Albuquerque.

Hunt was presiding judge for McKinley County for a few years before the New Mexico Supreme Court's Administrative Office of the Courts in Santa Fe relieved her of the duties and gave the job to Carey Feb. 11.

Supreme Court acting director of the Magistrate Court Division Kim Carrasco said Friday that she doesn't know if a complaint has been filed against Hunt. Michael Hall, former acting director of the higher court's Administrative Office of the Courts, made the decision to turn the role of presiding judge over to Carey, Carrasco said.

She said she doesn't believe Hall, who no longer works there, made the decision as a punitive one.

"There is no set time-change for the job. I think he just felt it was time for a change. It wasn't necessarily for any specific reason," Carrasco said, referring questions about complaints against judges to the Judicial Standards Commission in Albuquerque.

But a staff member at the Judicial Standards Commission said no one at her office, even director Peg Holguin, who was out of the office Friday, will comment to media about their cases or actions, which are confidential.

The Commission can take internal action or petition to the Supreme Court to discipline the magistrate. Actions of the Judicial Standards Commission are not public record — but when the Supreme Court becomes involved, the complaint becomes public.

A Supreme Court staff member also refused to be named but said she didn't find any complaints under Hunt's name.

This, however, doesn't mean that the Judicial Standards Commission didn't take internal action against Hunt. It also means no action might have been taken and no complaints filed at all.

Carey declined to comment on Hunt's decisions in the Lopez and Thomas cases. District Attorney Karl Gillson excused Hunt from both cases after the releases, however, and Carey said he just received Thomas' case Friday.

It would be up to Gillson to ask Carey to change conditions of release, Carey said.

He also wouldn't disclose how he would have handled bond in either case.

The presiding judge wouldn't say if he's heard complaints against Hunt.

He fell back on the canons, or rules by which judges must abide according to state law.

"A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary," is a quote from the rules.

Carey added: "For me to comment on anyone else's use of judiciary discretion absolutely violates this canon. It would undermine public confidence in the integrity of the judiciary."

In general terms, a judge decides bond by viewing the severity of the charge against the defendant and weighing whether the charge makes the person a risk to the community, Carey said.

"You also look at what the defendant's ties are to the community to see if they'll be a flight risk, which means they wouldn't come back when summoned, would flee the jurisdiction," he said.

Carey stressed that magistrates must remember a person's innocence in the eyes of the law until proven guilty.

"Bond is not meant to punitive. Bond is to be set only to determine a person's return to court" and to protect the community, he said.

Clerks said they're breathing easier since Carey became presiding judge.

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Bath with toddler means trial for sexual abuse

Andrea Egger
Staff Writer

GALLUP — A Toronto, Can., man will face trial after a magistrate determined Tuesday the district attorney has enough evidence to show he touched a 3-year-old girl's genital area while taking a bath with her.

Magistrate John Carey determined Tuesday that Myoung Ho Ha, 30, will face a District Court trial on a charge of criminal sexual contact of a minor, a felony.

"It was emotional testimony," Assistant District Attorney Karen Kingen Etcitty said Wednesday, regarding the mother.
At age 3, the child didn't testify.

The child's mother testified similarly to what she told Gallup Police, that she found Ha, who was a guest at her home on Christmas Eve, naked in the bathtub with her 3-year-old daughter, who was also naked.

Ha was a recent friend of the woman's who planned to be in town with a group of artists for a few days, The mother testified she felt comfortable letting him stay at her home a few days because she believed him to be a spiritual person.

She testified she was on the phone when she heard the bath water running. When she found them together, she grabbed her daughter and told Ha it was "not OK" for an adult man to be naked in the tub with a baby girl.

When she was alone with the child, the 3-year-old said her "leg" hurt, and she pointed to her genital area. The mother saw a redness there and took her to Rehoboth McKinley Christian Hospital.

"She was an excellent witness," Etcitty said. "Very passionate and knowledgeable."

Doctors later testified about redness to the girl's genitals, consistent with having been touched there.

Defense attorney Tim Padilla of Albuquerque could not be reached for comment Wednesday.

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IHS 638 contract on fast track

Jim Maniaci
Diné Bureau

WINDOW ROCK — The revised and smaller IHS "638" contract — rescued in January in a pre-Olympic counter-attack by the "Begay and Begaye Salvage Partnership" — was rushed through two Navajo Nation Council committees Friday so delegates can consider it Monday or Tuesday.

The $277 million proposal for eight IHS service units to be converted into subsidiary corporations has been pared down to $29.4 million for two service units and an existing Utah group that wants into the proposed deal.

Friday morning the Ethics-Rules Committee added the new resolution to the two-day special session's agenda. Friday afternoon the Inter-Governmental Relations Committee forwarded the Navajo Health Care Systems Corporation project to the council with a negative recommendation.

For Friday afternoon, Jerry Freddie (Health-Social Services Committee) could get the backing of only George Arthur (Ethics-Rules). Tom LaPahe (Economic Development), Andy Ayze (Education), Young Jeff Tom (Human Services) and George Arthur (Resources) voted against the resolution. IGR Chairman Ed T. Begay (Council Speaker) would have voted only to break a tie, but is a long-time ardent supporter of converting the federally operated medical operation to tribal control, through a nonprofit corporation.

Monday at 10 a.m. delegates are scheduled to begin a two-day special session, originally intended for water rights. With Friday's Ethics-Rules approval of the agenda, delegates will have the water rights reports, the Public Law 93-638 IHS takeover "pilot" project, and:

Overriding President Kelsey Begaye's veto of the council taking $2 million from the small Undesignated Reserve Fund for $1 million needed by Navajo Prep in Farmington to build new dormitories.

Amending the referendum law.

Asking Congress to amend the site leasing law.

Adding vacant farm board seats to the list of those filled by appointment rather than special election.

Requiring tribal departments to cooperate in the $1.5 million "Integrated Criminal Justice Information System" of which Navajo will receive $1.2 million. The Hopi and Zuni tribes will share equally in the rest.

Directing the speaker to enforce punctuality, attendance and voting by delegates as well as limiting their membership to one standing committee (except Inter-Governmental Relations) and one board or commission. The current 19th Council has never started on time, delegates shuffle in and out of the chamber all day long, and often duck out when they don't want to be
counted in the vote.

Approving condolence resolutions for Dillion Edgewater, former Tuba City Chapter official, Grace S. Davis, former Indian Wells delegate, and Bruce Billy, former Beclabito Chapter president.

The 65-minute discussion on the new IHS pact almost didn't take place.

Freddie, whose committee has been a fierce advocate of the takeover, introduced his motion and Begay waited a long time before Tolth finally added his second. Under parliamentary rules, without a second the matter would have died — thus keeping the council from considering it, even though Tolth's panel had already placed it on the agenda. Under the council's rules, a positive or negative votes advances a resolution to the next stage.

Arthur said his chapters instructed him to oppose the measure and he chided delegates who ignore their chapters' instructions as truly not representing their constituents.

The San Juan and Nenahnezad Chapters' lawmaker said in a questioning manner that there is no difference between the new, smaller proposal and the one the council rejected in January.

(The morning after the council's long debate in January ended with the rejection of the $277 million proposal to acquire the largest remaining IHS operation in the country, delegates were greeted by a desperate appeal letter from President Begaye and Speaker Begay not to let the entire $20 million in contract support costs go to other tribes by default. Major opponents were conspicuously absent, thinking they had won the battle, so the council voted for a scaled-down version.)

Lydia Hubbard-Pourier, chief executive officer of the Navajo Health Care System Corporation, began her reply by saying President George W. Bush has ordered the IHS to privatize any non-638 operations beginning in fiscal year 2004.

She said this means gigantic national for-profit companies such as HCA or Humana would operate the huge Navajo Area IHS facilities. There are six hospitals, seven major clinics, many more smaller clinics and a supply center in the Navajo Area IHS.

The presidential move is similar to the BIA's plan to privatize its directly operated schools, and reflects what Bush did as Texas governor in turning the prison system and mental health operations over to private contractors.

While not part of the proposed new contract, third-party reimbursement by Medicare, the state Medicaid agencies and private insurance companies already plays a big part in IHS operations, she added. Under her corporation, Hubbard-Pourier said a better job would be done.

(The corporation has said it would add to existing IHS funding through interest from investing the lump sum payment the IHS would make 30 days after the council's approval, the contract support costs, and the increased third-party collections.)

On Tuesday, by a split 3-1-1 vote, the Health-Social Services Committee gave a positive recommendation to the council. That vote followed a 2-2-2 vote to table the resolution with Freddie breaking the tie by voting against the tabling, thus keeping the resolution alive.

Major concerns for the panel were the corporation competing with the tribal Health Division for the scarce federal funds, that the corporation by-laws do not require it to share the "638" funds with its regional affiliates, which is what the corporation calls the subsidiary corporations to be formed in each of the eight IHS service units, plus an existing Navajo Utah 638
corporation that wants to become a ninth affiliate.

The panel also didn't like the idea of the system corporation's board including service unit representatives when their subsidiary corporations have not been admitted into the deal.

Under the new plan, the conversion will begin with the Winslow-Dilkon and Tuba City service unit-subsidiary corporations, plus the Utah Navajo Health System.

The smaller Winslow-Dilkon unit would convert 30 days after the contract since it has 170 employees, followed in another 30 days (mid-June) by the larger Tuba City unit, which has about 500 workers.

The corporation would receive $13.3 million in contract support costs for itself and the three affiliates, including $187,446 for the Utah Navajo corporation whose contract is for $1.5 million.

Figures extrapolated from financial attachments, which are not summarized for the two service units, show "program" funds, including the Navajo Area offices portions that would be transferred to the system corporation, along with the Utah group's budget, would be 18 percent of $88,145,625 or $16,136,213 including $270,000 for the Utah share.

Contract support costs would be in addition to the $16.1 million.

The contract extends from April 1, 2002, through March 31, 2007.

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Area Sports

Santiago Ramos
Staff Sports Writer

GRANTS — Senior lefthander Roger Dominguez handcuffed Grants, striking out 12 and propelling defending district champion and No. 2 ranked Cobre to a 13-1 five-inning District 3AAA baseball victory Friday night.

"He (Roger Dominguez) was off the last couple of games so it was good he came back today," Cobre head coach Howie Morales said of his ace pitcher.

Grants head coach Walter Sarracino said Dominguez kept his team off-balance with his solid pitching.

"He had us guessing," Sarracino said. "But we failed to make the fundamental play. A good-hitting team will take advantage of it."

Grants (8-5 overall, 1-2 in district play) will travel to Socorro next Tuesday for a single district game at 6 p.m. Cobre (11-6, 3-1) will host Silver City next Tuesday in a non-district game before hosting Hot Springs next Saturday for the start of the second round of district play.

"We have to dig deeper if we want to be in contention in the district," Sarracino said.

Cobre lost to Bernalillo 7-6 in its lone district loss while Grants was coming off a 14-11 come-from-behind district win over Bernalillo this past Tuesday.

After being held scoreless in the first two frames, the Cobre Indians hammered Grants sophomore starting and losing pitcher Jeff Killough in the third and fourth innings.

"The fast ball came early," Cobre coach Morales said of his team's being able to connect on Killough's first offering time and time again.

"We hit the gap shots," Morales said.

The district matchup started off as a pitching duel between Dominguez and Killough for the first two innings.

Cobre's Dominguez was tossing a perfect game for the first three innings, striking out seven of the first nine he faced.

Dominguez allowed just two fly balls by Randy Ramirez and Killough.

But the Indians finally tagged Killough in the third and fourth innings to break open the ballgame.

Cobre rapped out four hits to push across five runs in the third with the help of three Pirate errors. Second baseman Rodriguez stroked a one-out triple to centerfield for two runs and Dominguez helped out his own cause with an RBI-single.

In the fourth, the Indians pounded Killough for four extra basehits, a leadoff triple by Rodriguez that was followed by three consecutive RBI-doubles that knocked the Pirate starting pitcher out of the game.

However Grants broke Dominguez's bid for a perfect game or at least a shutout in the bottom of the fourth.

Grants' Boudy Melonas broke Dominguez's string of nine consecutive outs as he punched a hard single through shortstop to lead off the bottom of fourth. With two outs, Jesse Gamboa singled to right. The Pirates were able to score their only run of the game when George Vigil hit a 3-2 pitch past second that scored Melonas.

Pirate relief pitcher Melonas had control problems in the fifth as he walked four as the Indians added three more runs for a 13-1 lead.

Dominguez closed out the game strong as he got Joe Michael and Kevin Jaramillo to go down swinging before getting Jared Laurent to ground out to end the game on the 10-run rule.

Killough took the loss, lasting three and one third innings and giving up nine runs on 10 hits. He did not record a single strikeout and had one walk.

Melonas came on in relief, going one and one-third inning and allowing four runs on four hits. He issued four walks. Laurent finished the game and recorded the only strikeout for the Pirates.

Cobre's Dominguez went the distance and allowed just one run on three hits. Dominguez fanned an impressive 12 in five innings and allowed no walks.

The Pirates finished with just three hits, singles by Melonas, Gamboa and Vigil.

Cobre's Dominguez went 2-for-3 with a single, a double and two RBI and Rodriguez was 2-for-3 with a double, a triple and three RBI.

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