New Mexico
Office of the State Auditor

First posted
Monday April 23, 2007 14:52
Updated
Friday October 26, 2007 08:13


Stephen Hann from the New Mexico auditor's office phoned. High tech to the rescue again.



----- Original Message -----
From: Frederick, Janelle
To: bpayne37@comcast.net ; amorales58@comcast.net
Cc: Corrales, Antonio ; Martinez, Carla
Sent: Wednesday, October 24, 2007 4:23 PM
Subject: Request to Inspect Public Records with OSA

Dear Sirs:

Attached is a letter in response to your request for public records from the Office of the State Auditor. If I can be of further assistance, please contact me at 476-3800.

Respectfully,

Antonio Corrales

Office of the State Auditor

2113 Warner Circle

Santa Fe, NM 87505-5499

(505)476-3800


Here's the pdf file of response.

Payne had a phone conversation late Tuesday afternoon with the author of

The TechLaw report was used by NMED to examine the possibility that radioactive and hazardous wastes could leak into the groundwater at Sandia’s Mixed Waste Landfill. The NMED claimed the report was merely a draft document. However, the report was received by NMED after its decision to place a soil cover over the dump’s wastes and leave them in place. NMED referenced the report in relation to citizen concerns about travel of the wastes from the dump to groundwater, but then refused to provide the TechLaw report to the public. Citizen Action then filed a complaint with the Attorney General’s office under the Public Records Act.

about what to do to non-response to a public records act request. The author suggested a lawsuit in the first judicial district.






Saturday October 20, 2007 10:23

http://www.prosefights.org/nmlegal/balderas/balderas#balderas2

Email and certified return receipt requested mail

Hector H Balderas
NM State Auditor
2113 Warner Circle
Santa Fe, NM 87505
Phone: 505-476-3800
Hector.Balderas@osa.state.nm.us

Dear Mr Balderas:

Receipt of threatening and harassing unusual court responses in CV 2002-3425 and CV 2001-7794 by lawyer Jerry Walz prompts us to enquire why we have not received a response from you to our April 24, 2007 request for information under the Public Records Act of 1993.

Word "unusual" is used because Walz responds to our two motions to void judgments in New Mexico 12-person jury trial lawsuits for Breach of Contract: CV 2001-7794 and CV 2002-3425 which have not yet, to our knowledge, been docketed by the clerk of the Second judicial district.

We feel that Jerry Walz has established a pattern of conduct by issuing "a threat to do an unlawful injury to the person or property of the person threatened or of another" twice in writing in his responses by stating that he and some judge are going to take our money in a closed hearing and not have a court rule on our motions to vacate judgment.

If, in fact, the defendants in CV 2001-7794 and CV 2002-3425 have illegally used New Mexico state money, then action should have taken.

It was your job
Section 1. [Oath of officer.] Every person elected or appointed to any office shall, before entering upon his duties, take and subscribe to an oath or affirmation that he will support the constitution of the United States and the constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability.
to see that your office properly processed our inquiry.

We noticed when filing our motion in CV 2002-3425 that Marcus Rael of French and Associates was representing judge Brown.

Therefore we expand our request under the Public Records Act of 1993 for copies of all invoices submitted by Walz and Associates and French and Associates to the State of New Mexico from January 1, 2001 to October 19, 2007.

We feel that your office's delay in processing our request is interfering with our efforts to get these unfortunate matters settled.

Therefore, we ask your office's response within 5 working days from mail receipt of this letter.

We feel that this is a very serious matter and someone needs to take steps to stop the action and help get matters settled before they get far worse.

If your office does not have the power to do this, please inform us immediately with the office and person in charge to pursue this matter.

Sincerely

Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
505-323-7277
amorales58@comcast.net

William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
bpayne37@ comcast.net

Distribution

amorales58@comcast.net
bill.leonard@nara.gov
gregory.pannoni@nara.gov
foialo@nsa.gov
julia.eichhorst@ic.fbi.gov
the.secretary@hq.doe.gov
alexander.morris@hq.doe.gov
McClenaghan c/o jayala4@leo.gov
Carla.Martinez@osa.state.nm.us
Joann.Chavez@osa.state.nm.us
John.Blair@osa.state.nm.us
Nikki.Boone@osa.state.nm.us
Lisa.Collins@osa.state.nm.us
Antonio.Corrales@osa.state.nm.us
Valerie.Gallegos@osa.state.nm.us
Denise.Romero@osa.state.nm.us
Linda.Medina@osa.state.nm.us
Arthur.Baca@osa.state.nm.us
Steve.Archibeque@osa.state.nm.us
Sanjay.Bhakta@osa.state.nm.us
John.Earnshaw@osa.state.nm.us
Chan.Kim@osa.state.nm.us
Stephanie.Manzanares@osa.state.nm.us
Kathy.Neidigk@osa.state.nm.us
Peter.Pacheco@osa.state.nm.us
Joyce.Sandoval@osa.state.nm.us
Blanca.Trujillo@osa.state.nm.us
Rosemary.Whitegeese@osa.state.nm.us
Ruby.Griego@osa.state.nm.us
Chuck.Montano@osa.state.nm.us
Christine.Ortiz@osa.state.nm.us




Sent: Tuesday, April 24, 2007 11:44 AM
Subject: Request for information

Mr Balderas

Please give me an ack if you get this email.

Thanks in advance.

bill payne

Tuesday April 24, 2007 06:37


Tuesday April 24, 2007 06:37

http://www.prosefights.org/nmlegal/balderas/balderas#balderas

Email and certified return receipt requested mail


Hector H Balderas
NM State Auditor
2113 Warner Circle
Santa Fe, NM 87505
Phone: 505-476-3800
Hector.Balderas@osa.state.nm.us

Dear Mr Balderas:

Former second judicial district chief judge W John Brennan and others hired lawyer Jerry Walz to represent them in New Mexico 12-person jury trial lawsuits for Breach of Contract: CV 2001-7794 and CV 2002-3425.


Former thirteenth district judge Kenneth G Brown dismissed CV 2001-7794 in violation of New Mexico judicial rule 1-041. Dismissal of actions.

Brown also took away Payne's New Mexico and US Constitution civil right to trial by jury guaranteed inviolate and civil right to represent himself pro se in court.


Former second judicial district judge Robert H Scott [now a federal magistrate judge] dismissed CV 2002-3425 in violation of New Mexico judicial rule 1-041. Dismissal of actions.

Judge Scott, by New Mexico judicial rules, did not have jurisdiction to preside over defendant Brennan who was also in the second judicial district.

Scott also took away Morales' New Mexico and US Constitution civil right to trial by jury guaranteed inviolate and civil right to represent himself pro se in court.

We are in the process of petition to void these two, in addition to several other judgment, for lack of jurisdiction. And then file federal criminal complaint affidavit on these and other individuals for violation of our constitutional civil right under 18 USC 241 and 242.

Apparently New Mexico law only allows for the state to pay attorney fees only for tort claims.

Breach of Contract is not a tort claim.

Breach of contract is far more serious than a tort claim since evidence of guilt is in writing: See receipts for $644 for trial by 12 person jury trials guaranteed inviolate by New Mexico and US Constitutions.

We ask under the Public Records Act of 1993 for copies of all invoices submitted by Walz and Associates to the State of New Mexico from January 1, 2001 to April 23, 2007.

We also request that your office provide us copies of all invoices submitted to the State of New Mexico by any law firm billing for defense of former judge W John Brennan from January 1, 2001 to April 23, 2007.


We've been defrauded out of $644 by some in the State of New Mexico for two paid-for 12-person trial by jury Breach of Contact lawsuits against W John Brennan et al guaranteed inviolate by New Mexico state and US constitutions.

We ask that your Fraud and Special Audits division investigate to determine who has stolen our money and return a written report to us.

We ask for a response to this request from your office within 20 working days.

Sincerely

Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
505-323-7277
amorales58@comcast.net


13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
bpayne37@ comcast.net

Distribution

Carla.Martinez@osa.state.nm.us
Joann.Chavez@osa.state.nm.us
John.Blair@osa.state.nm.us
Nikki.Boone@osa.state.nm.us
Lisa.Collins@osa.state.nm.us
Antonio.Corrales@osa.state.nm.us
Valerie.Gallegos@osa.state.nm.us
Denise.Romero@osa.state.nm.us
Linda.Medina@osa.state.nm.us
Arthur.Baca@osa.state.nm.us
Steve.Archibeque@osa.state.nm.us
Sanjay.Bhakta@osa.state.nm.us
John.Earnshaw@osa.state.nm.us
Chan.Kim@osa.state.nm.us
Stephanie.Manzanares@osa.state.nm.us
Kathy.Neidigk@osa.state.nm.us
Peter.Pacheco@osa.state.nm.us
Joyce.Sandoval@osa.state.nm.us
Blanca.Trujillo@osa.state.nm.us
Rosemary.Whitegeese@osa.state.nm.us
Ruby.Griego@osa.state.nm.us
Chuck.Montano@osa.state.nm.us
Christine.Ortiz@osa.state.nm.us


Label/Receipt Number: 7006 3450 0002 2276 6468
Status: Delivered

Your item was delivered at 1:56 PM on April 27, 2007 in SANTA FE, NM 87505.

Label/Receipt Number: 7006 3450 0002 2276 6468
Status: Acceptance

Your item was accepted at 10:24 AM on April 24, 2007 in ALBUQUERQUE, NM 87111. Information, if available, is updated every evening. Please check again later.