Update: Denish Still Holding Back Documents Supporting Claim to be Corruption Fighter
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Remember that TV ad portraying Lt. Gov. Diane Denish as a fighter of corruption? It ran during the Spring around the primary election, even though Denish was facing no opponent for the Democratic nomination for Governor. It featured Frances Williams, who helped blow the whistle on misdeeds inside the District III Regional Housing Authority. Denish’s ad claimed she “investigated corruption in the Housing Authority“ and states that “today people are under indictment and the housing authority has tough oversight because Diane Denish wouldn’t back down.”
We fact-checked that ad in a June 3, 2010 report you can read here. We concluded the ad was false and misleading. The Attorney General insisted that his office alone produced the criminal case. The Lt. Governor has no investigatory powers and no one on her staff could have conducted an investigation into a complicated multi-million dollar caper. To dig deeper, we requested from Denish’s office all documents that would support the claims made in the ad. We submitted that request June 2, 2010, nearly three months ago.
We’re still waiting to see a single piece of paper that supports Denish’s claim she investigated corruption in the District III Housing Authority and that her actions led to any indictments.
Our request under the New Mexico Inspection of Public Records Act asked to see any documents concerning or containing information about the individuals the New Mexico Attorney General has indicted, and other key figures in the District III case whose names are intricately involved in the facts surrounding the charges. Those individuals we asked about included the key defendant, Vincent “Smiley” Gallegos, co-defendants and the whistle-blower, Frances Williams.
We also asked to see any documents with information about any investigation concerning the District III Housing Authority and these individuals conducted by Lt. Governor Denish or her staff, as claimed in Denish’s ad.
Lastly, we asked to see any reports from the Lt. Governor or members of her staff to any law enforcement authority, including the Attorney General, about the District III Housing Authority, the key individuals or any investigation conducted by the Lt. Governor or her staff.
We recently heard from Denish’s chief of staff, Joshua Rosen that they need additional time to respond to the request. He wrote:
I want to emphasize that transparency and open government are of utmost importance to our office and that the Office of the Lieutenant Governor continues to work on locating responsive documents for your requests. Due to our limited staff resources and the broad nature of these requests, the process is taking some time. I will notify you as soon as responsive documents…are available for inspection.
Apparently, before running the ad, Denish did not gather substantiation for the claims made or the documents would be readily at hand. Further, because her staff is indeed small, only five plus Rosen when fully staffed, she does not have to inquire of many state employees to gather the documents responsive to her request. Most likely only one person, if any, conducted the claimed investigation, and would have that file close at hand…if any such file existed.
We received the update from Rosen just after we inquired into the status of our request. The ad stopped running around the time of our report and a follow-up on how Denish’s claims had made her a witness in the District III Housing Authority criminal cases. As soon as Denish’s office makes available the documents substantiating her claims to have investigated and fought corruption in the District III Housing Authority, we’ll report. But we have a sinking feeling that date may be after Election Day in November.
But there will be a debate between Denish and the GOP nominee Susana Martinez before then. Denish’s claims may again arise, as well as other claims she fought corruption in the administration she ran with Governor Bill Richardson. So here’s the ad again:
Posted under News.
Tags: Denish, Diane Denish, District III Housing Authrority, Frances Williams, Inspection of Public Records, Joshua Rosen, Vincent Smiley Gallegos
4 Comments For This Post So Far
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NM Lt. Gov. Denish Still Holding Back Documents Supporting Claim to be Corruption Fighter
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9:55 am on August 25th, 2010
Diane Denish and Mr. Rosen wouldn’t know how to fight corruption if it bite them on the behind. Diane Denish and Mr. Rosen, were given lot’s of documents from Officers from Probation Parole and even after seeing proof of corruption right in front of them, they turned a blind eye.
Why? It’s simple folks, Diane Denish and Mr. Rosen don’t want to loose their money from their kick backs and wealthy contributors.
I will say one more thing, If Susana Martinez wins Diane Denish and Mr. Rosen will have to look for another office.— maybe the local pound will have a cage large enough for these corrupt pitbulls.
11:47 pm on September 2nd, 2010
Perhaps Diane Denish would display her constitutionally required, NM Cosntitution, “surety bond’ which Article XXII, Sect. 19 REQUIRES her to have given BEFORE she took possession to the office she claims; and before she can “lawfully” discharge duties of office “shall” be recorded & filed in the Sec. of State’s office; See specifically NM Statute(s) Annotated, 10-2-5, 6 & 7.
As an elected officer she is required to give such a bond, and pursuant to NM Statute Annotated 10-2-9 she, and ANY other elected officer is barred from discharging duties of office UNTIL said bond is recorded in the office of the Sec. of State, SOS; to date, NO such bond can be found in the office of the SOS for Diane Denish.
Case law on the subject, public officer’s surety bond, states if the bond is not recorded/filed in a timely manner the elected person has refused or declined the office, and the office is legally vacant ipso facto. Therefore Dinae Denish has held her office for 8 years, and received a salary, unlawfully, for for a position she did not constitutionally “qualify”, nor possessed lawful title to for her failure or neglect to record such a bond.
For those who might read Article XXII, Sect. 19, NM Const., be aware that section is head, Frist State Officers: However, a 1923 NM Supreme Court case on the matter of a challenge against bond(s) for public officers states, that “… subsequent officers are not exempt from the requirement”.
I submit Diane Denish, regardless of any other alleged corruption issues, is guilty of receivinng public funds unlawfully for her office has been, constitutionally and legally vacant for 8 years.
Anyone who desires to challenge my points is welcome to do so. BUT, the law is the law, and the consitution is CERTAINLY law.
I’d like to see of NM Watcdog has the brass to bring this issue, no bonds of record for Dinae Denish. NM Watchdog has my email…..feel free to contact me if you dare.
12:18 am on September 20th, 2010
Just an observation after reading this article and seeing all the Denish commercials being aired. Diane, you look like you need a break.
Take some advice get on your airplane and fly south until the election is over.
I actually don’t mind contributing my tax dollars to your much needed vacation. Why your down south in some hole in the wall bar, drinking some cheap whiskey out of a chrystal goblet — consider what you’ve done to your supporters. ” Especially the ones who came and visited you from Probation Parole.
Your campaign slogans state your not for corruption. ” take another drink DIANE your starting to sweat” Your silence and unwillingness to prosecute real criminals is going to loose the election for you.