Statement of Peter Simonson, ACLU of New Mexico Executive Director
FOR IMMEDIATE RELEASE: Friday, March 13, 2009 CONTACT: Whitney Potter (505) 507-9898 or [email protected]
SANTA FE—Today, legislation replacing the death penalty with life in prison without parole (HB 285) sponsored by Democrat Gail Chasey, of Bernalillo County, passed the New Mexico Legislature. The bill cleared its final hurdle in the State Senate today by a vote of 24 to 18. The House voted 40 to 28 in favor of HB 285 on February 11, 2009. The bill now goes to the Governor’s desk for his consideration.
Statement:
The ACLU of New Mexico praises lawmakers today for voting to end capital punishment in the state of New Mexico. We hope it will generate momentum in the campaign to end capital punishment nationwide.
The death penalty is the ultimate denial of civil liberties. In the past 35 years, 130 inmates were found to be innocent and released from death row. State officials and opinion leaders have acknowledged what advocates have said for years: the death penalty is a public policy disaster that is expensive, discriminatory, cruel and immoral.
We acknowledge the tireless work of death penalty opponents, including the remarkable leadership of the New Mexico Coalition to Repeal the Death Penalty, and ACLU members from across New Mexico who lobbied their legislators in support of abolition.
If signed by Governor Bill Richardson, New Mexico will become the 15th state with no death penalty. The ACLU strongly urges the Governor to sign this historic piece of legislation.

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The mission of the American Civil Liberties Union (ACLU) of New Mexico is to maintain and advance the cause of civil liberties within the state of New Mexico, with particular emphasis on the freedom of religion, speech, press, association, and assemblage, and the right to vote, due process of law and equal protection of law, and to take any legitimate action in the furtherance and defense of such purposes. These objectives shall be sought wholly without political partisanship.

FOR IMMEDIATE RELEASE: Thursday, January 22, 2009 CONTACT: Whitney Potter (505) 266-5915 ext. 1003 or [email protected]
TUCSON, AZ—The American Civil Liberties Union (ACLU) of New Mexico today ended litigation against U.S. Customs and Border Protection (CBP) authorities on behalf of two CBP agents. Supervisory Agents Juan Curbelo and William Leafstone, Jr. were returned to their regular positions this week and had all job privileges restored.
"We’re delighted our clients got the relief they wanted and deserved:  full restoration of their job duties,” said Peter Simonson, executive director of the ACLU of New Mexico. “Agents Curbelo and Leafstone rightfully spoke up against stopping vehicles without reasonable suspicion. This lawsuit brought to light that the practice of ‘shotgunning traffic’ is clearly unconstitutional.”
In December 2006, Curbelo’s ex-wife, Concepcion Curbelo, and his children were stopped by a Border Patrol agent during a “shotgunning” patrol near Rodeo, New Mexico.  The agent arrested Ms. Curbelo for allegedly possessing and trafficking marijuana, and took her to the Border Patrol station in Lordsburg.  A short time later, agent Curbelo received a copy of the incident report regarding his ex-wife’s arrest.  Both he and Agent Leafstone noted inconsistencies in the report that, they concluded, were intended to cover up the fact that Ms. Curbelo was stopped without reasonable suspicion.  A federal judge in New Mexico agreed and suppressed the evidence against Ms. Curbelo.
Agent Curbelo reported his concerns to the Office of the Inspector General, in January 2007.  Agent Leafstone testified at Ms. Curbelo’s hearing regarding the practice of “shotgunning traffic.”  The Border Patrol subsequently removed their badges and placed them on administrative duties. After initially receiving a notice that they might be terminated, the Agents ultimately received only minor disciplinary actions and then were fully restored to their jobs this week by their Chief.
The ACLU lawsuit was filed by Staff Attorney George Bach (ACLU-NM) and co-counsel Dan Pochoda (ACLU-AZ) on May 21, 2008 in U.S. District Court in Tucson, Arizona.

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The mission of the American Civil Liberties Union (ACLU) of New Mexico is to maintain and advance the cause of civil liberties within the state of New Mexico, with particular emphasis on the freedom of religion, speech, press, association, and assemblage, and the right to vote, due process of law and equal protection of law, and to take any legitimate action in the furtherance and defense of such purposes. These objectives shall be sought wholly without political partisanship.
Related Documents:
html: Press Release (May 21, 2008)

FOR IMMEDIATE RELEASE Monday, October 27, 2008

CONTACT: Whitney Potter (505) 507-9898; [email protected]

ALBUQUERQUE—The American Civil Liberties Union (ACLU) of New Mexico today sued key members of the Republican Party for violating the privacy rights of New Mexico voters and illegally interfering with their right to vote.  Filed in state district court, the class action suit alleges that NM Representative Justine Fox-Young and as yet unnamed members of the GOP illegally used private social security numbers to do background checks of legal voters and illegally disseminated confidential voter information to the press.  The lawsuit also names private investigator Al Romero, hired by the GOP, for using voter registration information locate voters and question them about the legitimacy of their registrations.

“Today we are declaring ‘enough is enough,’” said ACLU Executive Director Peter Simonson.  “We are not going to stand by and watch the Republican Party break laws to interfere with New Mexicans’ private and constitutional right to participate in the upcoming election.  Something had to be done immediately to confront these abuses, so we have taken action.”

In an October 16 press conference, Representative Fox-Young announced that members of the Republican Party used social security numbers from 92 voter registration forms, which they obtained from an as yet undetermined source, to run credit checks and driver’s license checks.  They sent copies of the forms to the press, including 7 unredacted dates of birth.
According to New Mexico state law, “It is unlawful for the qualified elector’s date of birth or any portion of the qualified elector’s social security number required on the certificate of registration to be copied, conveyed, or used by anyone other than the person registering to vote, either before or after it is filed with the county clerk.”  A person who violates this law is guilty of a fourth degree felony.

On October 22, the ACLU sent a letter to the NM Attorney General’s office calling for a criminal investigation into the matter.  The office has assigned an investigator but no further information is available.

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The mission of the American Civil Liberties Union (ACLU) of New Mexico is to maintain and advance the cause of civil liberties within the state of New Mexico, with particular emphasis on the freedom of religion, speech, press, association, and assemblage, and the right to vote, due process of law and equal protection of law, and to take any legitimate action in the furtherance and defense of such purposes. These objectives shall be sought wholly without political partisanship.

Related Documents:

GOP Complaint