Judge W John Brennan

Monday March 17, 2002 17:54
Tuesday September 07, 2010 09:57

Moved to tripod Friday April 15, 2004 12:13

Monday October 13, 2008 09:57

Morales and Payne have two outstanding 12 person jury trial lawsuits against Brennan for Breach of Contract which were unlawfully dismissed by judges Scott [now a federal magistrate] and Kenneth G Brown.

See Exhibit O and Exhibit P


Brennan Companion Stays Silent

Four years later and I am still shaking my head on that one.

Last week, domestic violence charges involving a second brush with the other side of the law were dismissed against him because a "necessary" witness was unavailable. The dismissal was without prejudice, so it's possible charges could be refilled.

Authorities aren't saying, but it's obvious that the unavailable witness is Brennan's, uh, young female acquaintance, who had accused him of drunkenly hurting her and restraining her after she refused a sex romp with a prostitute at his Las Lomas NE home - the same home he presumably still shares with his wife.

Charges against Brennan had already been watered down from first-degree felony kidnapping and third-degree aggravated battery to, false imprisonment and misdemeanor battery.

Special prosecutor Dustin O'Brien had explained the reduction as the appropriate decision based on his investigation and interviews with witnesses, including the arresting Albuquerque police officers (who you can pretty well bet are fuming over this recent turn of events).

Translation: The woman was not talking.

Brennan's attorney Robert Gorence had already convinced a judge to toss out the young woman's statements to police that night because they were unreliable and tainted by fear, stress, a highly intoxicated state and, according to Brennan' expert witness, "a number of severe psychiatric disorders."

A month after the incident the woman provided an affidavit in which she state that Brennan had never tried to harm her or hold her "other than for my protection because of my insobriety and emotional mental state."

Alleged victims of domestic violence who recant are sadly all too common, but what is troubling in this case is the possibility that the woman' mental illness was taken advantage of in more ways than one.

Mental health advocates are concerned that what happened in this case could send a chilling message to other victims with mental illness who may now feel they will not be seen as credible in the courts should they dare to step forward.

Or they might be more easily cowed than others into walking away from their accusations, knowing that, like Brennan's woman, the mental instabilities will be aired publicly.

In this case, the woman may have felt compelled to step back, given her social stature.

She is the daughter of a well-connected attorney (and a former pal of Brennan's) and a high-ranking state government official. A quick glance at her circle of friends also reveals a passel of powerful politicos. Having her mental illness trotted out in front of her high-profile buddies is likely not something she was looking forward to. (We've named her before in previous news accounts, but I have never been comfortable with that. She was, after all, both an alleged victim and a person with a mental illness.)

All we are left with is the police version of things. Just so we don't forget:

Brennan, 61, was arrested in the early morning hours during some bizarre and boozy rendezvous with a woman not even half his age after police responded to calls from neighbors saying they heard a child or female screaming for help.

"Please let me go" and "Ouch, you are hurting me," the officers said they heard the female scream. They heard a male curse, "Because of you and your, big mouth, the cops are going to come."

And there was Brennan, a guy I had admired, obviously intoxicated, clad in a turtleneck and gray underwear, with his hand over the woman's mouth and his arm wrapped around her throat.

How the mighty keep falling.

Some will argue that Brennan got away with another sweet deal. In the 2004 case, he pleaded guilty to suspicion of driving while intoxicated and cocaine possession, received a year of probation and two days of house arrest and resigned, never to see the bench again.

But I suggest that the embarrassment of being caught literally with your pants down and having your lurid lifestyle splashed upon the front pages to further soil what should have been a proud legacy is a pretty harsh punishment.

Perhaps it's better, though, to worry more about those mentally ill people who are truly abused not just by an abuser but a system ill-equipped to handle them. Now that's crazy.

You can reach Joline at 823-3603
or jkrueger@abajournal.com.

Albuqerque Journal Monday October 13, 2008

Sunday October 12, 2008 09:33

Morales and Payne have two outstanding 12 person jury trial lawsuits against Brennan for Breach of Contract which were unlawfully dismissed by judges Scott [now a federal magistrate] and Kenneth G Brown.

See Exhibit O and Exhibit P


Charges Dismissed

neighbors who heard screams for help.

Brennan appeared extremely intoxicated and Duarte, 25, "emit(ted) an odor of alcohol," a police report said. The complaint says officers reported hearing a woman say "Please let me go" and "Ouch, you are hurting me" and a man say, "Because of you and your big mouth, cops are going to come."

Brennan was originally charged with aggravated battery and kidnapping, both felonies.

But after the case was reassigned to prosecutors and a judge outside Albuquerque because of local conflicts, a review of the evidence resulted in reduced charges. Farmington prosecutors filed new charges of false imprisonment and misdemeanor battery on a household member.

Brennan also was arrested on Memorial Day weekend 2004 for suspected DWI and cocaine possession and resigned from the bench soon afterward.

Brennan's attorney Robert Gorence said in a prepared statement that his client had "never engaged in violence towards anyone, and most particularly not the alleged victim in this matter."

Gorence noted that the alleged victim ajid her attorney provided "strong corroborating evidence" that Brennan was trying to help, not harm, the women.

In fact, an affidavit provided by Duarte recanting much of what she had said to police became the focus of an August hearing. The defense sought to suppress statements, arguing that they were unreliable because of Duarte's mental illness and her alcohol impairment -conditions that were only made worse by the stress and fear of being pressed by officers.

Judge Louis DePauli of Gallup agreed. He entered an order saying the statements made after Brennan was handcuffed could not be used.

Gorence's statement predicted that Brennan would have been cleared had the recent case gone to trial, and the defense would have showed that "the facts reported in the media were demonstrably false."

Albuquerque Journal Friday October 10, 2008

Monday September 1, 2008 08:49

Morales and Payne have two outstanding 12 person jury trial lawsuits against Brennan for Breach of Contract which were unlawfully dismissed by judges Scott [now a federal magistrate] and Kenneth G Brown.

See Exhibit O and Exhibit P


Judge Throws Out Statements

Brennan Defense Called
Accuser's Story Unreliable

Copyright © 2008 Albuquerque Journal

By Scott Sandlin
Journal Staff Writer

The Gallup judge hearing a domestic violence case against W. John Brennan, the former chief judge in the Second Judicial District, has granted a defense request to throw out statements the accuser gave police after they were dispatched to his university-area residence in March.

Brennan is charged with false imprisonment and misdemeanor battery on a household member in connection with the incident. Brennan was arrested about 4 a.m. March 9 after neighbors heard someone screaming and called 911. The case is set for trial in Gallup Oct. 21-24.

In an order filed Friday, District Judge Louis DePauli Jr. said he was suppressing statements


Statements To Be Suppressed
from PAGE Al

given by Marsella Duarte after police had handcuffed Brennan that night.

The defense argued that the statements are not reliable because Duarte was impaired at the time by fear, stress, mental illness and alcohol. The prosecution argued that they should be able to use the statements at least to impeach Duarte's testimony at trial, should it be different from the statements she originally gave police.

Defense attorney Robert Gorence said the judge's ruling means the statements can't be used for any purpose.

"This is a victimless crime because the alleged victim says there was no crime," Gorence said.

The 25-year-old Duarte gave an affidavit about a month after the incident in which she recanted, saying Brennan had never tried to harm her or hold her for any purpose "other than for my protection because of my insobriety and emotional mental state."

She disavowed some statements attributed to her in police reports and said she had been intimidated because up to eight officers surrounded her and were asking her questions.

Prosecutors argued against the defense request, saying Duarte's credibility is a question for a jury to decide.

According to police reports, officers said that, when they responded to the 911 call, they looked through the doors of Brennan's home on Las Lomas NE and saw a man clad in a turtleneck and gray underwear with his hand over the woman's mouth and his arm wrapped around her throat.

According to the reports, Brennan appeared to be extremely intoxicated and denied that he attacked the woman.

Dustin O'Brien, chief deputy in the 11th Judicial District Attorney's office in Farming-ton, argued that the statements

Duarte gave to three police officers just after they entered the Brennan home were made in response to initial questioning while officers were trying to aid the victim and secure the scene.

Moreover, the prosecution said, Duarte is expected to testify and "to testify truthfully, and consistent with her statements to police," so case law suggesting that they should be excluded is not applicable.

O'Brien said Friday that he would have preferred the judge had "come down on the side of the state, but I certainly respect the decision. It wasn't a black-and-white issue."

He said the ruling could affect the case but won't prevent him from proceeding with the trial.

The U.S. Supreme Court has limited situations in which statements not subject to cross-examination may be admitted.

Gorence argued that Duarte's statements to police that night - two at the home and one at the police substation- "were directed solely at establishing a past crime and obtaining information to establish what had happened and to build a case for prosecution."

Duarte was not competent to respond to interrogation by law enforcement, the defense argued. At a hearing earlier this week, Gorence called clinical psychologist Sam Roll to testify about the unreliability of Duarte's statements based on the documentary record, including her psychological profile.

DePauli's order notes the "questionable reliability" of the statements, which are "highly prejudicial to the defendant" without an offsetting value tending to prove the evidence.

No jury instructions would be. sufficient to negate the prejudicial effect the statements would have on the jury, the judge ruled.

Albuquerque Journal Saturday August 30, 2008

Wednesday August 27, 2008 08:48

Morales and Payne have two outstanding 12 person jury trial lawsuits against Brennan for Breach of Contract which were unlawfully dismissed by judges Scott [now a federal magistrate] and Kenneth G Brown.

See Exhibit O and Exhibit P


Brennan Accuser's statement at issue

from PAGE Al

she refused to have sex with a prostitute.

Officers said they looked through the doors of Brennan's home on Las Lomas NE and saw a man clad in a turtleneck and gray underwear with his hand over the woman's mouth and his arm wrapped around her throat.

According to the reports, Brennan appeared to extremely intoxicated and denied that he attacked the. woman.

On Tuesday, Samuel Roll, a professor emeritus of psychology at the University of New' Mexico, testified that Duarte's mental disorders coupled with extreme intoxication, anxiety about authority figures, concern about her future and general stress about recent life events led to the equivalent of panic attacks during her questioning by police.

"The record shows someone suffering from a number of severe psychiatric disorders," Roll testified.

At least three times, Roll noted, police had to halt the interview and calm Duarte down so she could breathe and continue to speak.

"She's in a panic. She wants to get out. She's depressed. She's agitated. She's under the influence of alcohol. All of those impair one's ability to tell the truth," he said.

Defense attorney Robert Gorence has asked that Duarte's statements to police that morning not be allowed against his client, arguing that Duarte was not competent at the time and that to use them would violate Brennan's constitutional right to confront a witness against him.

Roll testified that his assessment was drawn from the hypothetical individual reflected in records rather than from a personal evaluation.

That record included three CDs of police interviews with Duarte on March 9, the indictment and related documents in the case against Brennan, past criminal complaints filed against her, and a psychological report of Duarte by her treating psychiatrist this year.

Prosecutor Dustin O'Brien told DePauli he should be allowed to use the prior statements to impeach Duarte if her testimony at trial differs from her statements to police at the time of the incident.

O'Brien argued that the reliability of the March 9 statements is a question for the jury to decide, O'Brien said, as long as Duarte is competent to testify at trial - and there's been no suggestion that she isn't.

He said physical evidence at the scene supports some of Duarte's previous statements, including one that she contemplated jumping from a window but found it was too high off the ground.

He argued that the defense as attempting to conflate competency with credibility.

DePauli said he was concerned the value of the recorded statements as an aid to the jury's understanding might be outweighed by their prejudicial effect on the defendant. the judge promised a written ruling by week's end.

Brennan relinquished his chief judge position and then his judgeship altogether after his arrest during Memorial Day weekend 2004 on suspicion of driving while intoxicated and cocaine possession.

He entered a plea agreement and surrendered his law license.

The new charges against Brennan could net him almost 19 months. Because of his previous felony conviction, he is also subject to the habitual offender act, which would add an additional year.

Brennan's defense attorney Bob Gorence:

Friday July 4, 2008 15:06

Let's try to do something about the below starting Monday July 7, 2008

Tuesday March 11, 2008 09:23

Morales and Payne have two outstanding 12 person jury trial lawsuits against Brennan for Breach of Contract which were unlawfully dismissed by judges Scott [now a federal magistrate] and Kenneth G Brown.

See Exhibit O and Exhibit P

Morales and Payne met at McDonald's at San Mateo and Academy.

Note that Brennan is before judge Julie Altwies.

Altwies made a void judgment because there is not statute of limitations in a void judgment action in fellow former judge Charles Barnhart criminal complaint.

Alwies never responded to the Dow void judgment action.

Morales opined that the New Mexico legal system need some intense scrutiny.


Sides Agree on Gallup Judge in Brennan Case

Jurists in 2nd District Recused Themselves

By Joline Guttierrez Krueger
Journal Staff Writer

A Gallup judge has been chosen to hear the battery case against former judge W. John Brennan after all judges in the 2nd Judicial District in Albuquerque recused themselves from the case.

State District Judge Louis DePauli, who has been on the Gallup bench of the 11th Judicial District since October 2006, was agreed upon this week by both defense attorney Robert Gorence and special prosecutor Dustin O'Brien of Farmington, which is also under the 11th Judicial District.

The Albuquerque recusals filed June 20, were not unexpected given that Brennan served for nearly 20 years as that district's chief judge.

Brennan relinquished his chief judge position and then his judgeship altogether after his arrest during Memorial Day weekend 2004 on suspicion of driving while intoxicated and cocaine possession.

In his latest fall from grace, Brennan, 61, was arrested early March 9 on charges of first- degree felony kidnapping and aggravated battery after police responded to calls from neighbors saying they heard someone screaming for help.

According to police reports, a woman, described as Brennan's 25-year-old girlfriend, said Brennan became angry when she refused to have sex with a prostitute.

Officers said they peeked through the doors of Brennan's home in the 1200 block of Las Lomas NE and saw a man clad in a turtleneck and gray underwear with his hand over the woman's mouth and his arm wrapped around her throat.

According to the reports, Brennan, who is married, appeared to be extremely intoxicated and denied that he attacked the woman.


Judge Chosen in Brennan Case

from PAGE Cl

Charges against Brennan were substantially reduced last month to false imprisonment and misdemeanor battery on a household member, which could net him a day shy of a maximum 19 months if convicted. Because of Brennan's previous felony conviction, he is also subject to the habitual offender act, which would add an additional year.

Under the original charges, Brennan would have faced a mandatory prison term of 18 years for kidnapping and up to three years for battery.

O'Brien has said the reduction was appropriate based on his investigation and interviews with witnesses.

O'Brien, a chief deputy district attorney, was chosen to prosecute the case after the District Attorney's Office of the 2nd Judicial District in Albuquerque "conflicted" out the case because of Brennan's former role within the district.

DePauli, a Gallup native, graduated from the University of New Mexico Law School in 1987.

Brennan remains free on $25,000 bond.

Albuquerque Journal Friday July 4, 2008

Saturday June 21, 2008 07:12

New Mexico has a well-deserved reputation of corruption.

And now, of course, New Mexico is involved in incompetent genocide.

No futher updates to thread.

Paul Kedrosky Oil Drum viz.



Charges Against Ex-Judge Reduced

from PAGE Al

the reduction was appropriate based on his investigation and interviews with witnesses, including the four Albuquerque police officers involved in the arrest.

"As a prosecutor, I have to do what is legally right in any case," O'Brien told the Journal.

O'Brien would not discuss specifics of what had been learned in his investigation.

Brennan's attorney, Bob Gorence, said Thursday that the reduction of charges is a clear sign the arrest was faulty from the start.

"Although the charges have been considerably reduced, I am disappointed that any charges have been filed at all, because John Brennan was not responsible for any criminal wrongdoing," Gorence said.

"As should be apparent now with the reduced charges, most of the information that has been reported about this incident is not accurate." Gorence said he planned to file a waiver so Brennan would not need to be in court at his arraignment.

Brennan was arrested early March 9 after police responded to calls from neighbors saying they heard a child ox female screaming for help.

According to police reports a woman, described as Brennan's 25-year-old girlfriend said Brennan had become angry when she refused to have sex with a prostitute.

Officers said they heard the woman screaming: "Please let me go" and "Ouch, you are hurting me"; and heard a male curse at the woman and say "Because of you and your big mouth, the cops are going to come."

Officers said they peeked through the doors of the home and saw a man clad in a turtle neck and gray underwear with his hand over the woman's mouth and his arm wrapped around her throat.

The officers drew their guns, kicked open the door ordered the man, identified as Brennan, to let go of th woman and placed him in handcuffs.

According to the reports, Brennan, who is married, appeared to be extremely intoxicated and denied that he attacked the woman.

The incident was Brennan's. second encounter with the other side of the law. On Memorial ]day-weekend 2004, he was arrested on suspicion of driving while intoxicated and cocaine posession. He resigned from the bench shortly afterward.

Brennan pleaded guilty to the charges and received a year of probation and two days of house arrest.

Brennan later resurfaced as a consultant for the local Second Chance rehabilitation program.

Joy Westrum, president of the program, said Thursday that Brennan is no longer employed with Second Chance.

"We wish him the best and believe he is innocent until proven guilty," Westrum said. "He has helped a lot of people, and we hope that he can do so again in the future."

Westrum said she believed the current charges against ~rennan were a "big misunderstanding between all parties concerned."

Because of Brennan's previous felony conviction, be is subject to the habitual off ender act, which would add an additional year to his sentence if he is convicted of the current charges.

O'Brien was chosen to prosecute the case after th~ District Attorney's Office bf the 2nd Judicial District iii. Albuquerque "conflicted" out the case because of Brennan's former role within the district.

A similar conflict is expected now among the judges of the 2nd Judicial District, many of whom were colleagues of Brennan's.

O'Brien said he expects he and Gorence will either mutually agree upon a judge from a different district to hear the case or ask the state Supreme Court to appoint one.

Albuquerque Journal Friday June 20, 2008

Here's another example of Brennan's attorney Bob Gorence work.

Gorence was New Mexico senator Pete Dominici's son-in-law.

Tuesday March 11, 2008 09:23

Morales and Payne have two outstanding 12 person jury trial lawsuits against Brennan for Breach of Contract which were unlawfully dismissed by judges Scott [now a federal magistrate] and Kenneth G Brown.

See Exhibit O and Exhibit P

Morales and Payne met at McDonald's at San Mateo and Academy.

Note that Brennan is before judge Julie Altwies.

Altwies made a void judgment because there is not statute of limitations in a void judgment action in fellow former judge Charles Barnhart criminal complaint.

Alwies never responded to the Dow void judgment action.

Morales opined that the New Mexico legal system need some intense scrutiny.


Officers Had To Kick Open Ex-Judge's Door

from PAGE Al

turned out to be Brennan's house, they approached the front door and heard a woman scream, "Please let me go" and "Ouch, you are hurting me." They also heard a male curse at the woman and say, "Because of you and your big mouth, the cops are going to come."

The woman responded, "Why are you doing this? Please let me go. You're hurting me" as country music blared in the background.

The officers then heard what sounded like the woman escaping and heard her scream, "Help! Help!"

Two officers then peeked through a set of French doors and saw Brennan with his hand over the woman's mouth and his arm wrapped around her throat.

The officers drew their guns, kicked open the door, ordered Brennan to let go of the woman and placed the former judge in handcuffs. At the same time, a third officer was forcing his way through a back door.

"I immediately recognized the male subject as former 2nd Judicial District Judge John Brennan," one of the officers wrote in a report.

The woman told police that Brennan was upset because he wanted her to have sex with a prostitute and she refused.

He then chased her through the house and grabbed her by the hair and neck several times, she told police. At one point, the woman locked herself in a bedroom and removed a window screen in an attempt to escape, but the window was too high.

The woman told police that Brennan grabbed her hair and was going to "snap" her neck.

She told police that she thought

Brennan was going to kill her.

When questioned by police, Brennan said, "I didn't touch her" several times. He also told officers, "I would never hurt a woman."

"Mr. Brennan did emit an extremely strong odor of alcoholic beverage and his eyes were blood shot and watery and his speech was slurred," one officer wrote in his report.

Brennan was chief judge in the 2nd Judicial District in

Albuquerque for nearly 20 years. On Memorial Day weekend 2004, he was arrested on suspicion of driving while intoxicated and cocaine possession. He resigned from the bench shortly afterward.

Brennan pleaded guilty to the charges and received a year of probation and two days of house arrest. He also surrendered his state bar license.

He checked himself into the Betty Ford Clinic in Palm Springs, Calif., for treatment of substance abuse problems.

Brennan worked as a consultant for the local Second Chance rehabilitation program.

Joy Westrum, the program's president, said Brennan works for the nonprofit daily on judicial affairs and in educating courts about the program's alternative sentencing.

"John has helped a lot of people, and we wish him the best," Westrum said. "We are going to reserve judgment and not make any decisions until all of the facts are known. Right now, we are respecting his need to focus on his private affairs."

Albuquerque Journal Tuesday March 11, 2008

Monday March 10, 2008 14:47

Morales and Payne have two outstanding 12 person jury trial lawsuits against Brennan for Breach of Contract which were unlawfully dismissed by judges Scott [now a federal magistrate] and Kenneth G Brown.

See Exhibit O and Exhibit P

Morales and Payne met at McDonald's at San Mateo and Academy.

Morales opined that the New Mexico legal system need some intense scrutiny.

Former Judge Accused Of Aggravated Battery

from PAGE Al

She also told the officer that she "was battered and held against her will by John, her boyfriend, because John wanted her to 'be with a prostitute.'"

She told police she was allegedly "choked and chased by him," Walsh said. He said she was treated for injuries at the house and released.

Brennan was the chief judge in the 2nd Judicial District in Albuquerque for nearly 20 years. On Memorial Day weekend 2004, he was arrested on suspicion of driving while intoxicated and cocaine possession. He resigned from the bench shortly afterward.

Brennan pleaded guilty to the charges and received a year of probation and two daysof house arrest. He also surrendered his state bar license.

He checked himself into the Betty Ford Clinic in Palm Springs, Calif., to treat what he has in later interviews called substance abuse problems.

As of a year ago, Brennan worked as a consultant for the local Second Chance rehabilitation program.

In a September 2006 interview with the Journal, Brennan discussed the DWI and cocaine possession charges.

"I, like ,every other person, have problems and make mistakes. I made a serious mistake. I wasn't dealing with some personal problems I had. It ended up with my being involved in substance abuse, mostly alcohol," Brennan said.

Walsh said the woman told police she was afraid for her life during the incident and, at one point, thought about jumping from a second-story window.

The kidnapping charge results from suspicion that Brennan held the woman against her will and moved her within the home against her will, Walsh said.

Brennan was released from the Metropolitan Detention Center on Sunday after posting a $25,000 bond.

He is to be arraigned today at 1:30 p.m.

Albuquerque Journal Monday March 10, 2008

Ex-Judge Questioned in Courthouse Inquiry

Copyright ©2006
Albuquerque Journal

By Mike Gallagher
Journal Investigative Reporter

Federal authorities investigating alleged kickbacks in courthouse construction projects in Albuquerque have interviewed former state chief District Judge W. John Brennan as a witness, his attorney confirmed.

Attorney Randi McGinn said she has been assured by federal authorities that Brennan is not a target of the year-long, ongoing investigation into the kickback allegations.

While the Journal has learned there also are so-called cooperating witnesses in the investigation, Brennan apparently doesn't fall into that category.

"He's just a plain old regular witness," McGinn said in an interview.

The Journal reported last spring that the kickback investigations into the construction of the state District and Metropolitan courthouses stemmed from a civil lawsuit between partners in an Albuquerque engineering firm called P2RS.

According to sworn testimony in the lawsuit, an off-shoot company of P2RS, called Technologies West or Tech West, apparently was paid for little or no work in the final stages of the state district courthouse project.

Former state Sen. Manny Aragon, a lawyer and powerful South Valley Democrat, testified that he was a consultant to P2RS, and investigators


Ex-Judge Doesn't Recall Letter

from PAGE Al

have been asking about Aragon's possible involvement in the projects.

One of the partners testified that 'he suspected Aragon was paid $50,000, and sought an explanation and accounting. The lawsuit between the partners eventually was settled, but it triggered the federal corruption probe.

Brennan's involvement revolves around a 2001 letter signed by a state District Court administrator authorizing a contractor to hire the P2RS offshoot, Technologies West, to work on a computer cabling project. There are several companies in New Mexico with the same or similar name as the off-shoot company that are not involved in the investigation.

The contractor testified in the civil case that his company was paid $400,000 for the work and Technologies West was paid $160,000.

"All John (Brennan) wanted to do was get the courthouse completed. He never did anything illegal. He was never told to use any company by any politician."

Glen Perkal, a partner in Integrity Networking Systems, said he wanted a letter from the court authorizing the use of Technologies West because "it was clear to us that there was money being spent that wasn't necessarily justified ..."

Perkal testified that he wanted something in writing to protect his company from potential repercussions over how money was spent.

McGinn said the letter authorizing the use of Technologies West originated in the District Court administration which during Brennan's tenure, and federal investigators want to know more about the letter.

"All John (Brennan) wanted to do was get the courthouse completed," McGinn said. "He never did anything illegal. He was never told to use any company by any politician."

McGinn said she has not seen the letter and doesn't know who signed it or pre- pared it.

Testimony in the civil lawsuit also raised questions about possible padded contracts in the construction of the $82 million Metropolitan Courthouse.

"John has no memory of the letter or if he signed it," she said.

Brennan stepped down from the bench after he was arrested for drunken driving and cocaine possession over the Memorial Day weekend in 2004. He had been chief judge for more than two decades serving on the bench for 25 years. He headed many boards and commissions, which shaped the state's legal landscape.

The federal investigation became public last March when FBI agents visited the Metro Court building seeking construction records.

Albuquerque Journal Thursday November 23, 2006

Brennan's decision to deny Payne and Morales appeal rights may have caused him stress - especially when it involved violation of Payne and Morales seventh and tenth amendment civil rights. Note that Brennan did it in writing highlighting in yellow.

Morales points out that we have been under considerable stress for the last 14 years - but we have always been in the right.

The opposition is in the wrong, even getting caught in felonies in writing, which hopefully may be stressful.

Settle, don't cause Brennan additional stress. We have superior technology.

Tuesday September 5, 2006

Tuesday September 5, 2006

Readers, keep in mind that mainstream media [msm] writer Scott Sandlin, a woman, is trying to get you to feel sorry for Brennan.

Brennan has done lots of damage to lots people.

Morales and Payne for two.

But we counter-attacked using stress as one of our weapons.

Brennan and his buddies are incompetent unintelligent criminals who have been caught in writing commiting felony violations of law.

The Albuquerque Journal, with the help of crooked lawyer Jerry Walz's brother, Kent Walz editor of the Albuquerque Journal, are trying to put spin on the Brennan story.

Ex-judge Brennan Talks About the Road Back

from PAGE Al

goes by that I don't feel ashamed."

Brennan, a Democrat, had been the youngest judge on the district court bench in the state, and the chief judge of Bernalillo County District Court for nearly 20 years. He was the architect of the new judicial selection process, a mover and shaker who had the ear of those in power, a person to be reckoned with. Within a week after his arrest, he had mortgaged his house, borrowed money from his family and become a patient at the Betty Ford Clinic in Palm Springs, Calif., a 12-step recovery program. He was there for 60 days. He returned to Albuquerque and has since led a quiet life away from the public eye. But, now, as a consultant to a rehabilitation program opening Tuesday, Brennan is in the limelight again. In part to clear up misconceptions, he agreed to talk about what happened.

'A serious mistake'

"I became a victim of my own... he begins, not finishing the sentence.

"I, like every other person, have problems and make mistakes. I made a serious mistake. I wasn't dealing with some personal problems I had. It ended up with my being involved in substance abuse, mostly alcohol," he said.

Brennan isn't specific but says the problems involved job and home situations.

"It's always hard to ask for help. And the more powerful position you get into, the more difficult it is," he said.

Brennan said he was mostly drinking wine - never on the bench, mostly at night, but in a way he couldn't control.

"I always said it didn't affect me at work because I was always there and I did as much work as any other judge. You can ask the district attorneys or public defenders," he said.

Recovery process

At Betty Ford, the 12-step program encourages participants to recognize their problem, confront it, apologize to people hurt because of it and learn to help others.

After the first month in a hospital setting, Brennan moved to a group home on a cul-de-sac where residents are monitored by video camera.

At the clinic, he said, "I was in a large group, and everyone agreed in terms of propensity

"I was embarrassed, proud, whatever so I didn't seek help. Now, in retrospect, I know it's not the kind of problem you deal with by yourself"


to abuse alcohol or drugs, I was the lowest on the scale.

"On the other hand, in terms of punishment, I received more punishment, not just in terms of the legal system but what I went through publicly and otherwise than any of them had."

Brennan resigned from the bench, turned in his state bar license and pleaded guilty to a misdemeanor under a conditional discharge plan - the same as any other first offender, he said.

His arrest became election-year fodder for candidates and judicial reform groups, prompting calls for mandatory drug testing for judges.

Ultimately, the state Supreme Court imposed new rules requiring lawyers to report any specific knowledge of drug use by judges. The court and a commission can order testing.

"I think I went to (Betty Ford) not only to receive treatment

But also to get away from this environment," he said. "I don't think there was any way I could deal with these issues given the publicity surrounding my arrest."

Brennan quickly concedes the media attention was inevitable, given his post, but says he needed to be away from the community where he grew up, where his parents and siblings and a network of friends still live.

After completing the Betty Ford program, Brennan said he considered leaving the city or the state, and many friends advised him to. But he said he returned primarily because of family.

"I'm sure all of them are very hurt and embarrassed. We're a very close family and certainly having them around has helped me," he said. Brennan is the oldest of seven. At holidays, with all the children, they set 42 places.

Brennan was with a woman who was not his wife the night he was arrested.

He is still married and says his wife, a psychologist, has been helpful.

Brennan says he knew he had a problem but thought he could take care of it himself.

"I was embarrassed, proud, whatever, so I didn't seek help. Now, in retrospect, I know it's not the kind of problem you deal with by yourself."

A private life

Brennan, now 59, has worked intermittently over the past two years. He analyzed bills for a private company during the legislative session, conducted two private mediations and did paralegal work for a couple of attorneys.

Since summer, he has been a consultant to the Second Chance rehabilitation program.

He volunteers with a group he declines to name that "helps poor people."

He is exercising more. He played tennis in the Senior Olympics. He continues with counseling.

Brennan has entered the Second Judicial District Courthouse only once since his downfall, for a retirement reception for two former colleagues. He arrived late and stayed 10 minutes.

"I think it's inappropriate," he said, "because it makes people feel uncomfortable."

Brennan says he doesn't go out much anymore, preferring to meet with friends at his home or theirs. "I still am concerned about the community, about politics," he said. "I just don't go out very much."

He switched barbers and grocery stores.

"Status is something I enjoyed," Brennan said. "I think it's good to fall from grace. I don't suggest it. But there are lessons you can learn."

Asked what's the lesson he's learned about himself, and he laughs.

"God, this feels like going to counseling," he said. "I learned that I am human. That I have to ask for help."

He thinks the judiciary will recover from the scandal and that in the end the public won't judge the profession by his misdeed.

Brennan insists he wants to be out of the public arena.

"I know this is what I'll be remembered for in the public mind," Brennan said, "but that's part of the punishment."

Albuquerque Journal Sunday September 3, 2006

Friday September 3, 2004 09:50

Looks like Morales and Payne have a pretty good cases against defendant in New Mexico CV 2001 07794 and CV 2002 3425 judge W John Brennan.

We have two paid for prima facie case 12 person jury trial lawsuits for breach of contract and harassment which are guaranteed inviolate by New Mexico constitution.

So let's see what the Judicial Standards Commission [jsc@nmcourts.com] does?

Ex-Judge Gets House Arrest In DWI Case

BY Oliver Uyttebrouck
Journal Staff Writer

BERNALILLO - Former Bernalillo County Chief District Judge W. John Brennan pleaded guilty to drunken driving and drug charges Thursday and was sentenced to a year of probation and two days of house arrest.

A prosecution request that Brennan serve jail time was rejected.

"I feel embarrassed and humiliated as a result of my actions," Brennan, 57, told the court.

Brennan pleaded guilty to aggravated DWI and possession of cocaine. He was given a conditional discharge on the drug charge, meaning the felony conviction will be removed from his record if he meets conditions set by the judge.

However, Brennan's aggravated DWI conviction will stay on his record.

Brennan registered a 0.16 blood-alcohol content - twice the presumed level of intoxication - when police stopped his vehicle May 29 near a sobriety Ex-Judge Gets House Arrest in DWI checkpoint in Albuquerque. The arrest ended Brennan's 25-year career on the bench. He took immediate leave after the incident and resigned June 29.

"My actions were inexcusable that evening," he told the court Thursday.

Patricia Mattioli, a passenger in Brennan's car, also pleaded guilty Thursday to cocaine possession and received a year of probation and a conditional discharge. Mattioli, 43, resigned from the state Commission on Higher Education shortly after the incident.

Santa Fe District Attorney Henry Valdez, named as special prosecutor in the case, had asked presiding Judge George Perez to sentence Brennan to two days behind bars for the DWI conviction.

The state's aggravated DWI law includes a minimum two-day jail sentence.

"Legislators wanted these people to sit in jail," he said after the hearing.

But Brennan's attorney, Tim Padilla, said Brennan's life could be endangered in jail.

Valdez argued that Brennan's safety could be ensured if he were jailed outside Bernalillo County, but Perez ruled that electronic monitoring was appropriate.

"This is not a case where somebody needs to be incarcerated," Perez said.

Perez, a retired 13th District judge, was named to the case this week by the state Supreme Court.

"I can only imagine the humiliation and the regret that Mr. Brennan has felt since this occurred," Perez said.

Under the conditional discharge, Brennan and Mattioli must undergo regular counseling and drug testing.

Perez also ordered that Brennan's vehicle be equipped with an interlock, a device intended to prevent an intoxicated driver from starting the vehicle.

Aggravated DWI carries a maximum 90-day jail sentence. Possession of cocaine, a fourth-degree felony, has a maximum sentence of 18 months in prison and a $5,000 fine.

Cindy Roberts, chairwoman of Mothers Against Drunk Drivers of New Mexico, said house arrest was reasonable in Brennan's case.

"I don't see it as preferential treatment so much as it may not be safe for a person in his position to spend time in jail, even for two days," Roberts said.

She applauded Brennan for pleading to aggravated DWI and accepting responsibility for his actions.

"I think he's sending a strong message to the public that he's serious about getting better," Roberts said.


Brennan apologized to the public, the legal community and, in particular, to his family "who had to put up with all this publicity while I Was away at a program," he said.

After the arrest, Brennan apologized, took an immediate leave of absence and enrolled in a California treatment program. He spent 60 days at the Betty Ford Center.

Bernalillo County District Attorney Kari Brandenburg called Brennan's sentence "pretty standard" for offenders with no prior criminal history.

But Brandenburg said most people convicted of aggravated DWI serve two days behind bars rather than house arrest.

Albuquerque Journal Friday September 3, 2004

Reversal Of Roles

The courtroom must have seemed inside-out toW. John Brennan. Someone else explained the options to the defendant. Someone else explained the defendant's constitutional rights. Someone else asked the pro forma questions.

Do you understand the plea agreement? Is that your signature? Do you understand you are giving up the right to a trial? The presumption of innocence? Do you know the allowable punishment?

Someone else asked the defendant if he swore to tell the truth, the whole truth and nothing but the truth.

Someone else asked all the questions he'd asked countless times in his life. This time, he gave answers.

"Yes, your honor.
"Yes, your honor.
"Yes, your honor."
"Guilty, your honor."

The Sandoval County courtroom where former District Court Judge W. John Brennan went before his own judge was small and windowless. The spectator benches were almost full, but latecomers could still find a seat, which seemed odd given the sound and fury following his May 29 arrest on DWI and cocaine possession.

Back then, it was headlines, "breaking news," the buzz, the rumors of a cocaine cabal in the courthouse, the outraged letters and e-mails, and of course, talk radio. (How long did they milk it? Three days? Five? A week and a half? Until the next bit of entertainment stumbled into the studio out of a newspaper headline?)

Now there were seats to be had in a small courtroom, where lawyers and judges again gave evidence that they rarely live up to what Hollywood would have us believe.

They're not as pretty, not as dramatic, not as articulate. They stumble over words, repeat themselves, haul papers to and fro. The judge reads documents. The lawyers speak briefly. The system grinds on.

Brennan apologized to the court and to his family and his fellow judges and the legal community. He said he was embarrassed and humiliated.

For 25 years, he had been a judge in Bernalillo County, the chief judge of the court. Now it had come to this. Now someone else was asking if he understood his plea agreement - aggravated DWI, cocaine possession; one year unsupervised probation; 88 days suspended jail sentence, two days with an ankle bracelet.

Brennan looked tired, drained. His face seemed to sag.

When the judge announced the sentence and it became clear Brennan would not be sent to jail, the women next to me inhaled sharply, tears came, then a tissue. "I take full responsibility," Brennan said. "There's no excuse for my actions."

At some point, the memory of an image came into my mind. It was Brennan in an out- of-focus jail videotape. He wears a prisoner's orange jumpsuit and he's walking toward the booking desk. Retired state District Judge George Perez said at the sentencing, "I can only imagine the humiliation and regret that Mr. Brennan has felt since this incident has occurred." The outraged letters will come again. Callers will call the talk shows and demand to know why we didn't haul Brennan onto Civic Plaza on a Sunday afternoon and chop off a hand.

In a day or two, it will stop. The perpetually outraged will move onto something else and Brennan's name will fade.

Then what?

Ralph Odenwald, chief state public defender in Albuquerque, testified on Brennan's behalf on his "own time and own dime." He said Brennan was in a position now to turn the ruin of his career and reputation into a "positive.

So he is. lie has been to a place most of us have not. If he succeeds in coming back from it, he might very well bring something of value with him.

Write to Jim Belshaw at The Albuquerque Journal, P.O. Drawer J, Albuquerque, NM 87103; telephone - 823-3930; e-mail - jbelahaw@abqJoumal.com.

Albuquerque Journal Friday September 3, 2004

I got some ocean front property in Arizona, From my front porch you can see the sea. I got some ocean front property in Arizona, If you'll buy that, I'll throw the golden gate in free.

Brennan, whose face remained downcast and solemn through much of today's proceedings, told the court that cocaine and alcohol never influenced the thousands of decisions he made on the bench during his 25 years as judge of the 2nd Judicial District, 20 of those years as its chief judge.

The state Supreme Court on Wednesday named retired 13th Judicial District Judge George Perez as presiding judge in Brennan's case.

According to court records, Brennan failed field sobriety tests and agreed to have blood drawn to test for alcohol and drugs. Valdez previously refused to release the results of those tests.

Following the arrest, Brennan apologized, took an immediate leave of absence and enrolled in a California substance abuse program. He resigned June 29. Mattioli resigned from the state Commission on Higher Education in early June.

Current and former district attorneys said Wednesday that defendants with no prior criminal history typically receive probation fot charges similar to those Brennan faces.

"I would say that in Bernalillo County, with these charges, any defendant in front of any judge on any day has got probation locked up," said Bob Schwartz, former Bernalillo County district attorney.

Short of acquittal, Schwartz said, the most desirable outcome for Brennan would be a conditional discharge, which would result in the felony drug charge being cleared from his record if he abides by conditions set by a judge.

But by law, a DWI conviction would remain on Brennan's record, he said.

Albuquerque police said white powder fell from Brennan's lap as he emerged from his vehicle. The powder tested positive for cocaine.

Lemuel Martinez, 13th judicial district attorney and president of the state Sentencing Commission, said the charge of aggravated DWI is often reduced for first-time offenders iii his district.

Martinez said the aggravated charge is prosecuted if the defendant had an extremely high blood-alcohol content or caused an injury.

Valdez said Brennan's case could go in a variety of directions depending on the outcome of today's hearing.

The case could proceed to a grand jury or a preliminary hearing, Valdez said.

Bernalillo County District Attorney Kari Brandenburg appointed Valdez as special prosecutor because of a conflict of interest with her office.

Brennan served nearly 25 years on the District Court bench in Bernalillo County.

Brandenburg declined to comment on Brennan's case, but she said that in other cases involving first-time offenders, defendants often receive a conditional discharge.

"A lot of first offenders ask for and receive conditional discharge," Brandenburg said. "It's intended for persons whose chance of being rehabilitated is high."

To receive a conditional discharge, a defendant is required to complete conditions set by a judge, such as drug or alcohol rehabilitation or community service. If those conditions are fulfilled, no felony charges appear on the person's record, she said.

Albuquerque Journal Thursday September 2, 2004

Crooked judge Robert H Scott was [he's now a federal magistrate judge] was in the second judicial district as Brennan but did not recuse himself as directed by New Mexico state law. See and Exhibit P.

were not known when the records were written, Valdez has said.

Mattioll was charged with possession of cocaine.

In a brief announcement, Valdez said his office had completed reviewing police reports and will discuss appointment of a judge with the defendants' attorneys.

Prosecution will then proceed, but probably not for another month, he said.

Judges in the Second Judicial District have recused themselves, and the appointment of a presiding judge will come from the New Mexico Supreme Court. The parties could agree on a judge and ask for that person to be named.

"It's exactly what I expected," Tim Padilla, Brennan's attorney, said of the announcement.

He said Brennan is still in treatment.

"I don't expect him back this month, but it's obviously up to the treatment facility," he said. "They're the ones who say we need you for more time, or it would best for you to stay."

Padilla predicted movement in the case in August or September.

Brennan, who spent nearly 25 years on the District Court bench, took a leave of absence and checked in to a California rehabilitation program.

He subsequently resigned from his post, effective last Friday..

Mattioli resigned June 8 from the state Commission on Higher Education. She was the head of the GEAR-UP Program.

Thursday July 15, 2004

Scott Sandlin is a woman.

Let's try to move to settlement quickly ... like within several days.

We want to move on to other projects.

Subtlety is very important ... while getting the message through, of course.

----- Original Message -----

From: bill payne
To: ssandlin@abqjournal.com
Cc: art morales ; Lawrence Spohn
Sent: Wednesday, July 14, 2004 5:57 PM
Subject: Kent Walz and settlement


Thanks for the information that Kent Walz is brother of Jerry Walz this morning.

We will be compelled to file disbarment proceedings against Jerry Walz, judges Robert H Scott and Kenneth G Brown for dismissing our two paid for prima facie case jury trial lawsuits where judge W John Brennan is a defendant which violates New Mexico and federal laws.

See Exhibit O and Exhibit P

We ask that you forward a copy of this email to Kent Walz in the hope that he may be able to help get these unfortunate matters settled before they get worse.


bill and art

Appealing to reason and total fear is an important strategy in legal matters.

Think settlement in legal matters. Settlement is always preferable.

Even if you win in court, collecting the money is a problem.

So let's all hope caught crooked lawyer Jerry Walz's brother, Albuquerque Journal editor Kent Walz, has a heart-to-heart reasoning session with his brother before Morales and Payne are compelled to file a formal complaint with the Judicial Standards Committee to have Jerry Walz and others disbarred.

Not too bright, see Exhibit O and Exhibit P, to get caught in writing violating trial by jury guaranteed inviolate by 7th Amendment.

Larry Barker's report named the owners of the Rio Grande cantina and several others involved, along with crooked judge, twice defendant in Morales' and Payne Breach of Contract lawsuits and respondent at US Supreme Court, W Johm Brennan, but blurred-out photos of prominant politicians, other judges, sport figure, and prominant attorneys also inolved in the drug ring.

We learned today that the report was apparently written by the DEA but ignored by albuquerque city, state and federal officials.

Los Alamos National Labs was apparently involved too but quietly took care of its drug problem.


will continue its investigation, which could result in a recommendation to the Supreme Court that disciplinary action should be taken based on whatever Brennan faces in the criminal arena

Attorney Charles Daniels, who represents Brennan before the commission, thinks that is pointless.

"There's nobody left to remove in this case," he said.

"Are there critics who think we should take away his house or amputate his feet? I don't find that in the statute. Ultimately, we have to follow the law here."

Brennan was arrested with a companion near a sobriety checkpoint in Albuquerque and charged with possession of cocaine and tampering with evidence. He took immediate leave from the bench, enrolled in an out-of-state substance abuse program and subsequently announced his retirement.

The criminal case is still pending. The Bernalillo County District Attorney's Office referred it to Santa Fe District Attorney Henry Valdez for prosecution. Valdez's intake unit is still reviewing reports before proceeding further.

If past experience is a guide, the Judicial Standards Commission is unlikely to make any recommendation until the criminal case is completed. The commission could conduct hearings to make a factual record for its recommendations to the New Mexico Supreme Court, which has ultimate authority to discipline judges and attorneys. It could also resolve the case with a stipulation, said Jim Noel, the commission's executive director.

Daniels had signaled Brennan's intention not to "exercise any further judicial functions or serve in any further judicial capacity" in documents filed with the high court.

However, Noel notes there is nothing in that to preclude Brennan from later changing his mind.

"I'm not sure the commission is willing to accept just that (representation)," he said. "With the filing of formal proceedings, the commission retains jurisdiction even after he leaves the bench."

"The whole point," Noel said, "is to tie up the loose strings to protect the public from judicial misconduct."

Daniels insists that was accomplished with Brennan's resignation from the bench.

Judicial Standards rules are in place to protect the public from judicial misconduct, he notes, while the criminal process is to punish people who violate the law.

Albuquerque Journal Thursday July 8, 2004

KRQE advertises that investigative reporter Larry Barker will have another report on drugs and the New Mexico state court system on Thursday July 8, 2004 at 10PM.

Now we possibly have US Supreme Court clerks Atkins, and Jones involved obstruction of justice.

Report alleges judge’s drug use goes back years Location: Albuquerque Source: KRQE News 13

KRQE News 13 has learned the prominent Albuquerque judge arrested at a DWI checkpoint for cocaine possession may have a long history of using illegal drugs. KRQE News 13's Larry Barker has obtained a confidential narcotics report alleging Judge John Brennan's cocaine use has been known by law enforcement officers for some time. The report also claims other district court judges and prominent attorneys regularly used cocaine.

Brennan was arrested on Memorial Day weekend after he allegedly tried to avoid a DWI checkpoint. Albuquerque police officers say the chief judge of New Mexico’s 2nd judicial district had a bindle of cocaine and evidence of the drug on his pants.

While the public may have been shocked to hear the allegations, KRQE News 13 has learned that criminal investigators have known about Judge Brennan’s alleged cocaine use for years.

A confidential 1998 report documents a Department of Public Safety investigation of drug smuggling and distribution networks throughout the Albuquerque area. The 48 page document turned over to KRQE News 13 was put together as a law enforcement tool to pinpoint participants in New Mexico’s multi-million dollar drug trafficking business.

Judge John Brennan’s name surfaces four times in the report.

The report alleges an Albuquerque businessman had a clientele of local judges and defense attorneys, to whom the businessman sold cocaine for personal use.

On page 21 of the report, a source claims Judge John Brennan, another district court judge, and a prominent criminal attorney were routine customers for cocaine.

Page 22 of the report details an alleged incident in the 1980’s when a limousine driver says he transported Brennan, another judge and a prominent attorney to Santa Fe to meet with legislators at a local bar. The driver says Brennan and his two associates used cocaine during the trip.

And finally, on page 40 of the 1998 report, a source described as “highly reliable” says four Bernalillo County district court judges, including Judge Brennan, regularly used cocaine at social gatherings. Three prominent Albuquerque criminal defense attorneys are also alleged to used cocaine at these gatherings. The source say the cocaine was supplied by two known drug traffickers.

Investigators believe Brennan and the other judges named in the report, bought drugs for personal use. None were ever investigated for alleged drug possession--likely because narcotics detectives primarily target drug traffickers, not drug users.

Because none of the other judges or the attorneys named in the confidential investigation have been charged, KRQE News 13 chose not to reveal their identities.

Judge Brennan is currently on leave from his judicial position and his attorney says he plans to retire after returning from a California treatment center.

A hearing is set for next month to decide if the state supreme court will formally suspend Brennan.

Meanwhile Brennan continues to be paid his $89,000 per-year salary.

Thursday July 1, 2004 12:01

The opposition is always trying to throw you out of the ring says lawyer and JAG officer Steve Aarons.

Lawyer and JAG officer Steve Aarons, who worked with coke addict and alcoholic judge Brennan, crooked federal magistrate judges Schneider and Pulglisi in the NM national guard pointed out that in litigation the most important aspect is to "keep in the ring."

1 Whether by inadvertence, the press of federal caseloads, or design, the court suggested at a pretrial conference in May 1993, that both parties suspend further discovery until it ruled on defendants' summary judgment motion. Discovery has ceased ever since. 2 Nearly one year ago, on August 19, 1993, the court issued its amended protective order, effectively sealing all substantive pleadings in this case.

3 Before issuing that order, the court considered plaintiff's written response against sealing. Judge Conway informed all counsel in open court that James R. Gosler would be permitted to deliver unknown documents to Judge Conway at time and place certain.

4 Judge Conway apparently reviewed those documents in camera without counsel for plaintiff.

5 The communication with Gosler constitutes an improper, ex parte communication with the one defendant who has been charged in plaintiff's amended complaint with the most outrageous and culpable acts.

6 Given the nature of this lawsuit, where defendants allege some sort of security infraction by plaintiff as justification for his firing, such communication under the guise of national security violated plaintiff's due process rights. Plaintiff has been prejudiced by this improper communication coupled with protracted delays. ...

WHEREFORE Plaintiff William H. Payne requests that:

A Judge Conway recuse himself from further participation in these proceeding, based on improper communication with defendant Gosler,

B The newly designated judge reconsider the standing protective order without recourse to ex parte communications with a named defendant, or in the alternative, allow counsel for plaintiff to review and respond to such communications, and,

C The court deny defendants' long-standing motion for summary judgment, set new discovery deadlines under the circumstances, and grant such further relief as justice requires.

Aarons Law Firm
Counsel for Plaintiff

Gosler, above, and Sandia's Gus Simmons bragged about "covert channel work".

All Morales and Payne's lawsuits were necessary to "stay in the ring."

It is beginning to look like we have judicial misconduct by US Supreme Court supervisor Jeff Atkins.

Judge Ted Baca, mentioned in the article below is defendant in New Mexico CV 2001 3118.

Ted Baca, through his lawyers Stephen French and Christina Anaya, paid the federal filing fee to fraudulently remove CV 2001 3110 to federal court where is numbered 01 CV 0634.

Wyoming chief judge William F Downes, who we just responded to, is trying to dismiss complaint against Baca.

"He wishes to assure this court, the commission and the public that it is his intention to remove himself from judicial service permanently, without the need for adversarial proceedings of any kind," Brennan's response said.

Daniels said Brennan continues to attempt to demonstrate his acceptance of personal responsibility and his understanding that he can't continue in any judicial capacity.

"Short of undoing history, a power not allotted to imperfect mortals, there is no more that he can do," Daniels wrote.

Judicial Standard Commission lawyers James Noel, the executive director, and Randall Roybal concede in a reply that there may be no need for further removal actions.

However, they said disciplinary proceedings are ongoing until a "disciplinary stipulation" is reached with Brennan or the commission sends its recommendation to the Supreme Court.

William Lang, elected chief judge three weeks ago after Brennan stepped down, said the vacancy will be for a criminal judge position.

Suellyn Scarnecchia, University of New Mexico Law School dean and chair of the judicial nominating commission, posted the vacancy, which will exist July 9.

Nominations and applications must be submitted by 5 p.m. July 23. The commission will conduct interviews Aug. 6. The commission will submit a list of up to five names to the governor.

Brennan sat as a member of the commission, but Lang said he has' designated Judge Ted Baca as the Second Judicial District representative. Baca, civil judge, is the immediate past president of the New Mexico District Judges Association.

Albuquerque Journal Thursday July 1, 2004

We know people who work in the court system.

Brennan's alcohol and cocaine use has been widely known for years.

What you are seeing is the exposure of the corrupt New Mexico state and federal legal system.

The closest Morales and Payne got to justice was in the Metro courts of Jaramillo and Shepherd. But assistant DA Pete Ross lied and the state got the arraigned off the hook.


Let's see what the US Supreme Court clerk's office and Scalia do.

judge "reflects directly on a judge's fitness for office and will not be tolerated." Maes said in an interview that the rule came about as a result of persistent reports and commentary in the news media.

The Supreme Court is slated to hear disciplinary charges against Brennan next month and is ethically barred from commenting specifically on his case.

But the court said in announcing the rule that public confidence in the judicial system is essential

"The justices believe that failing to report a judge for 'such misconduct could only I erode public confidence in the 'orderly administration of justice," Maes said.

'Best judicial practices'

The state's judges learned of the rule during an afternoon break at the annual judicial conclave at the Albuquerque Marriott. The conclave drew more than 100 judges from throughout the state for legal updates and panels on topics such as "best judicial practices."

But even before that, it was a topic on the minds of virtually all the judges.

"I think it's distressing that public faith has eroded because of what's happened to one judge," Court of Appeals Judge Cynthia Fry said earlier in the day. "I don't know any judges who aren't trying really hard to be good judges both on and off the bench."

Critics have questioned how widespread the problem is and whether judges' actions have been affected.

"The question should be asked and hopefully answered (whether) this brilliant and distinguished judge had been presiding over cases while snorting cocaine," wrote Robert Lopez in a letter to the Journal. Letter-writer Robert Cohen said that if Brennan is a substance abuser, "then it would follow that there are a circle of peers and acquaintances that knew about his behaviors, participated with him or turned a blind eye."

District Judge James Hall of Santa Fe said he believes the arrest and subsequent publicity "has affected everyone in the state."

William Lang, the newly elected chief - judge of the Bernalillo County District Court, said the Second District judges are preparing letters asking the Judicial Standards Commission and the attorney general to investigate a leaked law enforcement document allegedly identifying drug use by judges and attorneys. News organizations have published stories about the 1998 document, which is based on unsubstantiated tips, without naming the individuals.

"We're being asked to respond to shadow allegations," Lang said.

Drug testing bill

Also Wednesday, state Sen. Steve Komadina, R-Corrales, said he would introduce a bill asking all elected officials in the state, including judges, to undergo annual random drug testing.

"Government has the responsibility to prove that it is not being run by a bunch of druggies," Komadina said. Komadina is calling for officials from city councilors to U.S. senators to take voluntary drug tests, pay for them and have results sent directly to the Secretary of State's Office for posting on its Web site.

Gov. Bill Richardson, just returned from a trade mission to South Korea, welcomed the idea of voluntary testing.

"I think it's a good idea. I'll test myself," he said. "But I believe this is an effort that should be voluntary but encouraged. I don't know if you need to put it into law.

"I think with the crisis we've had here in the judiciary and the lack of trust the public is obtaining with some of these irresponsible actions ... it may be a good idea."

The new Supreme Court order rated immediate approval from Lang and State Bar President Dan O'Brien.

"In the few minutes I've had to discuss it with colleagues, they're happy and think it strikes just the right note," said Lang.

"It underscores the necessity for other judges to take action if they perceive a problem," he said.

Judges at the conclave also welcomed the order.

"The 10 words that are crucial are 'Public confidence in the judiciary is vital to our democracy,'" said retired Supreme Court Justice Richard Ransom.

Taos District Judge Peggy Nelson said she believes the order "clarifies the importance of reporting if we have solid enough information."

Reporting drug use

The order sets out policies and procedures for reporting. It says reporting to Judicial Standards is required for any judge, court employee or lawyer with "specific, objective and articulable facts and or reasonable inferences that can be drawn from those facts." Reports must include the name and contact person for the person filing the report, a detailed description and dates of the alleged misconduct and any supporting evidence.

Once Judicial Standards launches an investigation, an incumbent judge will be placed on administrative leave for up to 90 days pending completion of the probe. That has been the practice previously, Maes said, but wasn't articulated in a rule.

Lawyers, judges and court employees with less specific knowledge but with "a good- faith basis" to believe a judge is involved in drug use may report that to the Lawyer Assistance Committee, the new rule says.

The state bar association has had that program, including a lawyer hot line, for a number of years, O'Brien said.

O'Brien was moved by the controversy to write an open letter to the state's lawyers to be published Friday in the Bar Bulletin. In it, he notes "recent events have cast a depressing cloud over our profession."

He urged the bar to work together to find and help "those lawyers on the verge of self- destruction."

O'Brien said he doesn't see the Supreme Court rule as a drastic change.

"Everything you are required to do under this you were required to do anyway," he said. "I think it's an excellent stroke. It's what is needed right now to give the public confidence we're dealing with the situation."

Journal staff writer Kate Nash contributed to this report.

Brennan's Arrest Testament to Cops

GIVE US A BREAK! Judge W. John Brennan's situation is not the tragedy portrayed by Journal writers. His conduct was stupid.

The real news for Albuquerque is the fact that we now have a police force with enough integrity and professionalism to apprehend and arrest, perhaps the most powerful figure in the city. In the old days, the cocaine powder would have brushed off, judge would have been driven home, and a story would have been released that he was suddenly taken ill in traffic

Our crime rate is down and our police force Is becoming more professional every day. These facts should make life a bit better for all of us.

Unfortunately Brennan will probably be tried, given a minimum sentence, serve no time and disappear with his retirement pay intact. Just one more breach of public trust treated lightly.


Journal Slants Brennan Coverage

WHY IS THE JOURNAL'S spin on Judge W. John Brennan set up to make us feel sorry for him? And why should the state government fund Brennan's retirement? The articles I have read in the Journal sadden me more than Brennan's blatant sanctimony.

Los Lunas

Jim Baca Shares In Bad Judgment

WE ARE ALL shocked and saddened that Judge W. John Brennan showed incredible bad judgment. He has made the appropriate movement toward regaining his health and sobriety.

I am also shocked and disappointed in former Mayor Jim Baca's statements to the Journal' regarding the alleged intervention that he attempted with Brennan. To regale the community with his take on the situation lends credence to the old adage "with friends like that, who needs enemies?" Friends don't tell the world.


'His Honort' Not Worthy of Title

SO THE HONORABLE judge is going to do the honorable thing and resign, and the legal technocrats are now hailing this decision as courageous and noble. Joy has returned to LaLa land.

Truth of the matter is that this individual had no business being a judge in the first place and it is only the pressure of public opinion that forces him in resign. The question that should be aske4 and hopefully answered is (whether) this brilliant and distinguished judge had been presiding over cases while snorting cocaine or did the good judge snort cocaine to relieve the stress and pressures of his job only on his off-duty hours while driving the streets of - Albuquerque? Where did he get his stockpile? If the good judge had not been caught ... no one would be the wiser, at least not the average citizen. This behavior is a total disregard of the public trust. This only helps to show that the position does not make the individual but that an individual will always try and take advantage of the position.

The only remorse on the part of the ex-judge and his cohorts it would seem is that he was dumb enough to get caught. Arrogance on the part of most elected and appointed officials is the source of the majority of the ills affecting society. This incident ... only heips to expose the deceit, the decay, the stench and the total hypocrisy of the so-called legal system; No hint of any honor here.


Judge Protected By People Who Knew

REGARDING THE arrest of Judge W. John Brennan, cocaine and alcohol abuse are part of a deviant lifestyle, not just ananomaly in the life of a normal, healthy person. If the judge is a substance abuser - and his decision to attend drug treatment would indicate he believes that he is then it would follow that there are a circle of peers and acquaintances that knew about his behaviors, participated with him, or turned a blind eye.

Who are these people? Has Brennan been buying cocaine from street vendors or from other professionals? ... These are important questions. How deep is the rot in our legal system? Who has been covering up for the judge and for how many years?

I have lost much esteem for the New Mexico bar as a result of this arrest, certain as I am that his behavior must have been known to his peers. I suggest members of the bar spend less time arguing the merits of allowing him to remain a judge and more time ferreting out those who indulged and enabled him.


Lawyer's Apology Is Meaningless

AS A FORMER resident of Albuquerque, I want to say that two things stand out about the story of Judge W. John Brennan resigning his judicial seat:

o Brennan issued an apology through his attorneys. The apology rings completely hollow because it lacks the word "I" - "he" apologizes for "his" actions. He does not take any responsibility for his actions through statements like that.

o What conclusive evidence is Gov. Bill Richardson waiting for before saying conclusively that Brennan should resign? A jail term should be in Brennan's future, but New Mexico politicians do not have the guts to take that position.

Memphis, Tenn.

Wednesday June 9, 2004 20:16

Morales phones in changed with are updated on the web so Morales can check for correctness.

Odds that Morales and Payne will win, or settle of course, our lawsuits are getting better. Bindle by bindle.

After drugging for 25 years why would judge W John Brennan and twice defendant in two of Morales' and Payne's New Mexico paid for jury trial prima facie cases, respondent at the US Supreme court, get busted with blood alcohol level of .16 and in possession of cocaine early Saturday morning May 29, 2004?

Brennan had a stressful week!

All of Brennan's cases of 25 years may have to be reheard. This could be very expensive for the state of New Mexico.

Morales and Payne would like to settle with the state of New Mexico for fraudulently dismissed CV 2001 07794 and CV 2002 3425 by crooked judges Kenneth G Brown and now US magistrate judge Robert Scott.

Let's hope the state of New Mexico sees merits of quick settlement as opposed to trying to defend against two paid for trials by jury for two prima facie cases.

We continue to deny that we are having too much fun.

These unfortunate matters involve the recently late Ronald Reagan and about 1 million dead youth.

Payne, while working for Sandia National Laboratories, was told by National Security Agency employee Tom White that Reagan was regarded by NSA as America's greatest traitor.

This aroused Payne's curiosity.

So we got to the bottom of what happened.

1 http://www.zmag.org/content/showarticle.cfm?SectionID=15&ItemID=2292
2 http://www.geocities.com/CapitolHill/Congress/8327/buehlerpayne.html
3 http://www.jya.com/nsasuit.txt
4 http://www.aci.net/kalliste/speccoll.htm
5 http://biphome.spray.se/laszlob/cryptoag/buehler-tape.htm

Perhaps we should get things settled before they get worse. Possibly by megatons.

Tuesday June 8, 2004

Morales left the video tape of June 7, 2004 Larry Barker Channel 13 KRQE report.

Here's some words transcribed from the tape

Criminal investigation, confidential 48 page report spanning 25 years by Department of Public Safety, money laundering and drug trafficing, multi-million dollars, Brennan mentioned 4 times in report.

Brennan another judge and promininent attorney observed ingesting cocaine by limo driver on way from Albuquerque to Santa Fe.

4 Bernallilo county judges, 3 criminal defense attorneys involved in current and continuous cocaine use supplied by two suppliers.

Monday June 7, 2004 19:58

Pro se fights associating judge W John Brennan with cocaine file is dated Monday, March 17, 2003 2:06:26 PM.

Pro se fights was told that it was common knowledge that Brennan was into cocaine and bought his drugs at the Rio Grande Cantina.

Pro se fights was also told that the Rio Grande Cantina was so notorious for drug dealing that it was forced into bankruptcy by law enforcement agencies.

years of which was spent as chief judge.

Brennan, 57, was charged with possession of a controlled substance and tampering with evidence. Police also said he could be charged with drunken driving pending the results of a blood-alcohol test.

Brennan's vehicle was stopped early in the morning May 29 after police said he tried to evade a sobriety checkpoint. A criminal complaint filed in Metropolitan Court alleges that Brennan was driving "while intoxicated and also had possession of a white powder substance which was tested positive for cocaine.

A passenger in the vehicle, Patricia Mattioli, was also charged with possession of a controlled substance.

Gov. Bill Richardson on Friday said Brennan should step down if there is conclusive evidence that he was under the influence when he was stopped. A day later, Richardson was commending Brennan for his decision.

"It is the proper course of action' given the circum- stances," Richardson said in a statement. "This incident has been a terrible period for New Mexicans and obviously an embarrassment for Judge Brennan and his family.

"As Judge. Brennan pursues his treatment and rehabilita tion, I will aggressively continue my efforts to curb the scourge of drug abuse and DWI that is affecting our state."

Brennan, the day of his arrest, announced that he would take an immediate leave of absence. Last week, he checked into a substance abuse treatment program.

"He is in the month long intensive inpatient phase of his rehabilitation program in California, which permits very little outside communication and no opportunity at this time to follow up on his initial steps in the process of his retirement, among many other personal responsibilities," the statement issued by his attorneys said.

"He will take all necessary steps to complete the process promptly after his return to New Mexico."

Some who worked with Brennan said his departure would be a big loss for the judicial system, but his decision was not unexpected.

"Judge Brennan was a leader in the court system," said retired Second Judicial District Judge Diane Dal Santo. "He had years of experience, and there's something about experience that really makes a judge good."

She called Brennan a good, even-handed judge, who had the trust of the other judges to lead the judicial district.

Dal Santo said she talked with Brennan after his arrest and believes that his instinct then was to retire.

"Under the circumstances, I don't think that he had too many choices, and he talked to me about it before he left for treatment," she said.

"I think a lot of people were advising him to go get treatment and then make a decision because his head would be clearer," she said. "But I don't think he ever anticipated going back on the bench at all."

Brennan is filled with remorse, she said.

"He's very ashamed and very sorry, and feels like he let a lot of people down, including his family as well as the other judges."

District Attorney Kari Brandenburg said Brennan's decision to leave the bench was appropriate and predictable, given the circumstances.

"We all work hard for the public to have faith in the criminal justice system," Brandenburg said. "We hold ourselves to a higher standard. Given that framework, I concur with his announcement."

Moreover, she said, Brennan would face an uphill battle were he to pursue a return to the legal profession.

"It would be extremely difficult for his colleagues and the public he would sit in judgment on to have any faith in his credibiity," she said. "We need to move on and continue to do the best jobs we can."

Albuquerque Journal Sunday June 6, 2004



Judge's long and stellar career makes his recent arrest even more difficult for colleagues to cope with


Journal Staff Writer

In December 1983, District Judge W. John Brennan joined a city councilor and the governor's chief of staff to down cocktails, check in at a BATmobile, and go through driving exercises while paramedics watched. It was a faux happy hour/publicity event to demonstrate the perils of drunken driving in a year when New Mexico topped the nation in per-capita DWI deaths. Participants were then driven home.

Fast forward to Memorial Day weekend of 2004.

Brennan, now the chief judge of the state's busiest district court, has another encounter with cops working the DWI beat. This time, the cops didn't drive him home. They took him to jail, his life and distinguished judicial career instantly in shambles.

Police said Brennan, 57, tried to evade a DWI checkpoint at Menaul and University NE. It didn't work. When the judge emerged from his vehicle, police say he appeared highly intoxicated and was brushing what turned out to be cocaine off his clothes.

During the span of decades between the staged event and the real one, Brennan's judicial legacy grew. Indeed, colleagues say he was one of the state's most admire and respected judges.

But that success didn't entirely track in his personal life.

As Brennan's judicial career blossomed, he apparently developed a substance abuse problem. His attorney says he has checked himself into a 28-day treatment program in California. In recent year, Brennan has had a rocky relationship with his second wife. He was in the company of another woman, Patricia Mattioli, when he was arrested early on May 29.

Mattioli, 43, who works for the Commission on Higher Education was also arrested and has been put on leave from her state job.

Many friends and colleagues said they had never seen Brennan intoxicated in public and were shocked at the drug allegations.

Others had expressed concern about his lifestyle. One who did attempt to intervene is former Albuquerque Mayor Jim Baca, who became close friends with Brennan in 1980 when both attended the Newman Center, the Catholic church on the University of New Mexico campus.

Baca, who had worked on Gov. Bruce King's successful campaign in 1978, helped lobby the governor to get him appointed.

"He's just a very bright guy, one of the best lawyers and judges I've ever known," said Baca, who was sufficiently impressed with his capabilities that he tried to recruit Brennan as his chief administrative officer when he took office in 1997.

Three months ago, he went to Brennan for a heart-to- heart.

"I didn't know about (any) drug stuff. But I knew people were talking that he seemed to be drinking a lot. I told him that, and that people were noticing and that he had to kind of cool it," Baca said. "And he said he would."

That's where it was left. "Looking back now, I should have gone back over with three or four of his friends. I mean, John recognized that he was having some problems and I think he was trying to figure out what to do about it," Baca

DWI Resource Center director Linda Atkinson wasn't surprised that many said they didn't see a problem.

She said not seeing is part of the pathology.

"You know somebody at 57 doesn't just start taking up cocaine," she said. "This is a pattern that had to have been going on for years. Years an years. Unfortunately, it's part of that denial. It's not just the drug user who goes into denial. It can be family and friends that do."

Retired Judge Susan Conway, who had her differences with Brennan on the bench, said she does not belleve his problems are "the mistake of one night."

Innovative leader

There were dual trajectories in John Brennan's life.

One brought him a reputation for innovation and leadership in the court where he has been chief judge for all but two of the last 20 years, where he was the youngest district judge ever named to the bench, where his political skill behind the scenes made him the "go-to" guy when it came to court appointments. And he was a tough politician.

When challenged for the chief judge position last year he pulled out all the stops to retain his post. Even Gov. Bill Richardson, who on Friday said Brennan should resign if tests confirm he was under the influence of alcohol or drugs, reportedly lobbied on his behalf.

Brennan held on, but the personal trajectory made that victory moot. It has cost him his judgeship. Brennan took a leave of absence immediately after his arrest and announced Saturday that he intends to retire.

Since his arrest, some questioned whether he could emerge from rehab and the criminal proceedings and still have a future in law.

Colleagues use words like "disaster" and "tragedy" to describe the situation.

"This makes me feel very strange because it's almost like having a death," said District Judge Geraldine Rivera.

Even before Saturday's announcement, there was wide speculation that Brennan would step down.

"I don't have any idea whether he intends to come back or if the (Supreme) Court would let him," Rivera said Friday. "My guess is that John's judicial days are over."

Although they had their differences - Rivera is a solid Republican, Brennan a Democrat - she has praise for Brennan's work at the court.

"He was one of those who really was interested in good things happening in the community," she said.

Rivera said she got a sense of just how progressive the Second Judicial District was when she was attended a judicial college with participants from around the nation.

"We broke into smaller groups and talked about how to make things better," she said. "It just struck me this jurisdiction was just head and shoulders above every other jurisdiction."

She gives Brennan much of the credit.

DA stonewalls on tests

Brennan is charged with felony possession of a controlled substance - cocaine - and tampering with evidence, presumably over the allegations that he brushed white powder from his lap while exiting his vehicle.

He could also be charged with DWI based on test results from the blood alcohol analysis. A criminal complaint filed in Metropolitan Court alleges that Brennan was driving "while intoxicated and also had possession of a white powder substance which was tested positive for cocaine."

Those results are in. But District Attorney Henry Valdez of Santa Fe, who is handling the case, has ordered Albuquerque police to refuse media requests for the blood-alcohol results, which are typically made public in Albuquerque. Valdez says he is following a long-standing policy of his office.

Two Albuquerque television stations, KOB-TV and KRQE, reported the preliminary blood-alcohol level at 0.16 percent, nearly twice tin presumed level of intoxication.

'Close to brilliant'

Brennan's roots in the Albuquerque area run deep. 'District Judge Theresa Baca met Brennan when she was a 6-year-old student at St. Mary's School and has known him professionally and socially in the years since.

She calls him "close to brilliant" in administration and says his impact has been felt in the Second Judicial District and throughout the state.

It was Brennan who was a prime mover in getting the current judicial selection system put in place. Now a panel of lay people, lawyers and judges screen candidates and send a short list of finalists to the governor from which the appointment is made. The system required not only legislative approval but also statewide passage of a constitutional amendment.

State Sen. Manny Aragon played football on the same team with Brennan when they were seniors at St. Mary's. Retired New Mexico

Supreme Court Justice Gene Franchini helped coach that year the only year, Aragon recalls, the team made the state finals.

Brennan and Aragon disagreed strongly and fought hard over merit selection, and Aragon successfully amended the procedure to require at least one partisan election before retention elections.

But Aragon calls Brennan "one of the finest people I ever met," someone who recognized the importance of participating in government.

Besides being valedictorian at St. Mary's, Brennan was student body president.

The two conferred often as Brennan lobbied for judicial programs at the Legislature. Aragon praises Brennan for seeking innovative solutions in the courts to grapple with social problems, like creating the position of domestic violence hearing officer to help with that caseload.

House Judiciary Chairman Ken Martinez of Grants says Brennan could be counted on for expertise on new programs like drug court, teen court and pro-se clinic, which helps people who can't afford a lawyer.

"He has this working knowledge of the court from the boiler room to the courtroom. And he knew everybody in every office."

Former District Attorney Bob Schwartz, now the governor's crime policy adviser, credits Brennan with trans- forming "what was a slap-on-the-back old time courthouse into a modern courthouse."

Judge Theresa Baca and Schwartz say it was Brennan who created the then-controversial divisions of the district court. That allowed judges to specialize in areas - criminal, civil, children's court and family court - within a so-called court of general jurisdiction.

Brennan also lobbied hard for court resources.

That was essential, Schwartz said, "because the explosion in the criminal justice system was thermonuclear. Again, I'll give him the lion's share of credit.

"The crime rate in this town just exploded, especially after crack hit the street in the '80s. And he was able to come up with resources, technical advances in court reporting, the number of judges to keep up".

In doing so, Brennan often found himself at odds with powerful county commissioners who Brennan felt short- changed the court system and corrections.

Retired Judge Woody Smith said Brennan encouraged use of alternative sentencing and alternative dispute resolution, now the focus of Smith's professional life.

"It's been tremendously helpful to the caseloads there," he said. "I have utmost respect for him as a jurist, and I was very sad to hear about him in this situation."

Schwartz, the former prosecutor, says he finds it sad that a lifetime of contributions will become a legacy of snickers.

"The irony of this to me is that he deserves more credit than others for creating the system that he is now going to be subject to," Schwartz said.

Albuquerque Journal Sunday June 6, 2004

Sunday May 30, 2004 12:59

Results 1 - 30 of about 189 related articles.

Judge arrested on DUI charge Chicago Tribune (subscription), IL - 4 hours ago ALBUQUERQUE, NEW MEXICO -- A well-known judge was arrested Saturday after he allegedly tried to avoid a police checkpoint while driving drunk with a substance ...

Respondent, twice defendant, JAG officer crooked judge W John Brennan makes CNN News.

ALBUQUERQUE, New Mexico (AP) -- Police arrested a well-known judge Saturday after he allegedly tried to avoid a police checkpoint while driving drunk with a substance believed to be cocaine in his vehicle.

Note that respondent Kari Brandenberg is involved.

stance and jailed.

Timothy Padilla, Brennan's attorney, released a two-paragraph statement late Saturday.

"Judge Brennan sincerely apologizes to his family, friends, fellow judges~ and the community. He will take full responsibility for his actions," the statement said.

"He will take a leave of absence immediately to address his problems and will provide a follow-up announcement next week."

Bernalillo County District Attorney Kari Brandenburg said she would contact other judicial districts to find someone to prosecute the case.

"I don't see how we could possibly prosecute the case," she said. "I personally am probably involved in meeting almost on a weekly basis with Judge Brennan."

Police said they stopped Brennan after he tried to avoid a sobriety checkpoint that had been set up on Menaul NE at University late Friday.

About midnight, pdlice said a sport utility vehicle traveling west reached the initial sign announcing the checkpoint. It. slowed almost to a stop in the middle of Menaul and made a right turn into a parking lot, states a criminal complaint.

"It was basically. a dead-end parking lot," Albuquerque Police Department Sgt. Les Brown said. "There was no place to go.

"They made contact with (Brennan) and he was obviously intoxicated, and he announced who he was," Brown said, adding that the judge was cooperative.

Brennan smelled of alcohol, had slurred speech and a staggered gait, Brown said.

A cocaine bindle - a folded piece of paper with powdered cocaine inside - dropped to the floor when Brennan got out of the vehicle, Brown said.

"There was also a white powder substance which was on Mr. Brennan's pants around his crotch area," the complaint shows.

"When they first approached him, he brushed it off," Brown said.

A criminal complaint states that the powder tested positive for cocaine.

Police also found cocaine in Mattioli's purse, he said, although a jail booking sheet indicates that Mattioli was found with methamphetamine.

Brennan underwent field sobriety tests, which he failed, Brown said.

Metropolitan Court records show that Brennan was charged with felony possession of a controlled substance and tampering with evidence. He could also face a drunken-driving charge pending results of a blood alcohol test, police said.

Court records indicate that he made his initial court appearance in Metropolitan Court on Saturday and was released on his own recognizance.

Mattioli was released after posting $2,500 bond.

Mattioli is a staff member for the New Mexico Commission on Higher Education, said commission executive director Letitia Chambers.

"She (Mattioli) will be on administrative leave until we know further about what the situation is," Chpmbers said.

"I was just very surprised and sorry to hear it," she said. "She's an outstanding employee." Hard to prosecute Brandenburg said Brennan's tenure in the judicial system could make it difficult to find others to handle his case.

"He's been involved in the system, gosh, forever," Brandenburg said. "... And, because he is the chief judge of the largest judicial district, I think it's probably going to be a problem finding another judge that can hear the case. That's another issue."

Brandenburg said it's too early to tell how the case could affect the 2nd Judicial District.

Brennan is the kind of judge one can always go to with ideas to make the system better and to take on any extra load, she said.

"So it is going to put us certainly at a disadvantage initial- ly, and it's hard for us to calculate or evaluate what that is until we know what he will be doing and what role he decides to take or not to take," she said.

"It's shocking. It's disappointing," Brandenburg said. "And it also really points out the problems that we have with drugs and alcohol and things in our community."

State District Court Judge James Blackmer said the arrest of a District Court judge is a situation he hasn't seen in his more than 30 years in the legal profession and 17 years as a judge.

Blackmer said people shouldn't "leap to conclusions."

"Let the investigation go forward deliberately, and get all of the facts, before people make up their minds," he said. "He, like anybody else, is entitled to not only a presumption of innocence, no better or no worse than anybody else.

"My heart goes out to him and to his family, no matter what the situation is," he said.

The Albuquerque Sunday Journal May 30, 2004

Saturday May 29, 2004 20:07

Crooked judge, twice defendant, and respondent Brennan is hitting the media

Respondent, twice defendant, apparent coke snorter and alcoholic judge W John Brennan looks to have some more serious problems.

Brennan was apparently observed snorting coke with another person at a fund raiser for New Mexico governor Bill Richardson.

The observer was so offended that he[she] said if a camera was available then he[she] would have taken a picture.

But was told by a lawyer to keep quiet.

CASE NUMBER CV 2002 3425

Arthur R Morales
William H Payne



W John Brennan
Kenneth G Brown
William Haas
Patricio M Serna
Walz and Associates




CASE NUMBER CV 2001 07794

William H Payne


W John Brennan
W Daniel Schneider


Here's a jpg of judge and twice defendant W John Brennan

Here's a jpg of the Rio Grande Cantina on Rio Grande boulevard in Albuquerque which apparently Brennan frequents

Payne met and shook hands with Brennan at the Rio Grande Cantina. And met Brennan's assistant
Art Gallegos too.

Here's a jpg of South Americans packaging their product.

Some of which may make it to New Mexico and possibly cloud thinking.

It's alway important to cite justifications for a filing. Friday June 7, 2002 07:08


1 At 13:03 Thursday June 6, 2002 I went to second judicial district court to file the appeal



William H. Payne


v CV-200 1-07794

W. John Brennan
W. Daniel Schneider



1 This appeal is brought under New Mexico statutes Chapter 39, Article 3

34-5-9. Court of appeals; procedure for appeals from district court.

Unless otherwise provided by rule of procedure, appeals to the court of appeals shall be taken from the district court in the manner prescribed for appeals to the supreme court.

History: 1953 Comp., § 16-7-9, enacted by Laws 1966, ch. 28, § 9.


39-3-2. Civil appeals from district court.

Within thirty days from the entry of any final judgment or decision, any interlocutory order or decision which practically disposes of the merits of the action, or any final order after entry of judgment which affects substantial rights, in any civil action in the district court, any party aggrieved may appeal there from to the supreme court or to the court of appeals, as appellate jurisdiction may be vested by law in these courts.

History: Laws 1917, ch. 43, § 1; C.S. 1929, § 105-2501; 1953 Comp., § 21-10-2; Laws 1966, ch. 28, § 35.

2 This appeal is directed to the court of appeals.

3 Appeal is being taken from two orders authored by lawyer Jerry A Walz and judge Kenneth G Brown.


Exhibit A.

Walz illegally submitted to a motion to dismiss plaintiff's compliant.

This motion was submitted in absence of any New Mexico law permitting defedants to move to dismiss a complaint against them.

The order in exhibit A was issued in absence of any jurisdiction of judge Brown.

Only plaintiff can move to dismiss under

1-041. Dismissal of actions.

A. Voluntary dismissal; effect thereof.

(1) Subject to the provisions of Paragraph E of Rule 1-023 and of any statute, an action may be dismissed by the plaintiff without order of the court:

(a) by filing a notice of dismissal at any time before service by the adverse party of an answer or other responsive pleading; or

(b) by filing a stipulation of dismissal signed by all parties who have appeared generally in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed an action based on or including the same claim.

(2) Except as provided in Subparagraph (1) of this paragraph, an action shall not be dismissed on motion of the plaintiff except upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim, cross-claim or third-party claim has been filed by a party prior to the service upon such party of the plaintiff's motion to dismiss, the action shall not be dismissed against the party's objection unless the counterclaim, cross-claim or third-party claim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.

B. Involuntary dismissal; effect thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 1-052. Unless the court in its order for dismissal otherwise specifies, a dismissal under this paragraph and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 1-019, operates as an adjudication upon the merits.

C. Dismissal of counterclaim, cross-claim or third-party claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to Subparagraph (1) of Paragraph A of this rule shall be made before a responsive pleading is served, or if there is none, before the introduction of evidence at the trial or hearing.

D. Costs of previously dismissed action. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.

E. Dismissal of action with and without prejudice.

(1) Any party may move to dismiss the action, or any counterclaim, cross-claim or third-party claim with prejudice if the party asserting the claim has failed to take any significant action to bring such claim to trial or other final disposition within two (2) years from the filing of such action or claim. An action or claim shall not be dismissed if the party opposing the motion is in compliance with an order entered pursuant to Rule 1-016 or with any written stipulation approved by the court.

(2) Unless a pretrial scheduling order has been entered pursuant to Rule 1-016, the court on its own motion or upon the motion of a party may dismiss without prejudice the action or any counterclaim, cross-claim or third party claim if the party filing the action or asserting the claim has failed to take any significant action in connection with the action or claim within the previous one hundred and eighty (180) days. A copy of the order of dismissal shall be forthwith mailed by the court to all parties of record in the case. Within thirty (30) days after service of the order of dismissal, any party may move for reinstatement of the case. Upon good cause shown, q the court shall reinstate the case and shall enter a pretrial scheduling order pursuant to Rule 1- 016. At least twice during each calendar year, the court shall review all actions governed by this paragraph.

(3) The filing of a motion for dismissal pursuant to this rule shall not be taken to be an entry of appearance in said action or proceeding.

F. Applicability. This rule shall apply to all civil cases filed in the district court, including civil cases appealed from the metropolitan or magistrate courts. This rule shall not apply to:

(1) guardianship, receivership, trusteeship or conservatorship cases;
(2) proceedings commenced pursuant to the Mental Health and Developmental Disabilities Code;
(3) proceedings commenced pursuant to the provisions of the Probate Code; or
(4) proceedings commenced pursuant to the Children's Code.

[As amended, effective January 1, 1990.]

Plaintiff paid for 12 person trial by jury which he was guaranteed by both New Mexico and US constitutions.



Exhibit B

Brown and Walz deny plaintiff's right to represent himself in court as guaranteed by 6th Amendment of constitution by falsely claiming that plaintiff's efforts to recover damages for false and defamatory documents seen at http://www.nmol.com/users/billp/index.htm is vexatious. Distribution of false defaming and libelous documents violate the criminal provisions of New Mexico libel laws and well as the criminal provisions of the Privacy Act, 5 USC 552a - as amended

Respectfully Submitted

William H Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505 292 7037


I certify at a copy of this notice of appeal was mailed to all other parties titled to notice on June 6, 2002


Patricia A Madrid
New Mexico Attorney General
P.O. Drawer 1508
Santa Fe, NM 87504-1508

Jerry A Walz
Walz and Associates
3939 Osuna Road NE, Suite 322
Albuquerque,NM 87109

Kenneth G. Brown
Thirteenth Judicial District Div. II
100 Avenida de Justicia
Bernalillo, NM 87004

W. John Brennan
Chief District Judge, Division XIV
P.O. Box 488
Albuquerque, New Mexico 87103

Patricio Serna
Chief judge
Supreme Court of New Mexico
POB 848
Santa Fe, New Mexico 87504-0848


2 A clerk took my appeal and showed it to court clerk Mellissa Cavelier.

3 The clerk summoned court clerk Ann Carabajal.

4 Carabajal told me that they would not accept the filing.

5 I asked the court clerk to speak with Carabajal's supervisor.

6 At 13:03 gentleman asked me to come into a room. I mentioned to the gentleman that we had met before. He appeared to acknowledge this.

7 The gentleman introduced himself as Art Gallegos. Ann Carabajal was in attendance.

8 Gallegos told me that the chief judge would not allow me to file any of my court documents.

I asked both Gallegos and Carabajal to accept my file. They refused.

I told them that they were violating my civil rights.

9 Gallegos gave me a copy of judge Kenneth G Brown's


I attach this copy to this affidavit. I wrote on it Art Gallegos 13:13.

Highlighted in yellow are

IT IS FURTHER ORDERED THAT from the date of entry of this Order forward, Plaintiff William H. Payne is PERMANENTLY ENJOINED from filing any pro se pleadings in any New Mexico Court.


from filing any pro se pleadings in any New Mexico Court.

is underlined in black ink.

Also highlighted in yellow was

IT IS ALSO ORDERED THAT any pro se filings of William H. Payne are not to be accepted for filing in the Bernalillo County Courts except for cases in which William H. Payne is a defendant

with William H. Payne underlined in black ink.

Further highlighted in yellow and underlined in black ink is

William H. Payne is a Plaintiff, that he be represented by an attorney licensed to practice law in the State of New Mexico

10 Gallegos gave me a business card. I attach this card to this affidavit

11 I stepped out into the lobby accompanied by Gallegos.

I asked again who ordered personnel not to accept my notice of appeal.

He replied judge W John Brennan.

12 My


was accepted for filing on May 24, 2002 by clerk Julia Ortega Roybal after Walz and Brown's illegal ORDER.

SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me this day of _____________ June 6, 2002

by William H Payne ________________________________ signed


Under penalty of perjury as provided by law, the undersigned certifies pursuant to 28 USC section 1746 that material factual statements set forth in this pleading are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

Notary Public ______________________________________

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