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Headline
News From Our
Jan. 17, 2003 Issue
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Bookkeeper
charged with embezzling $34,000
A criminal
complaint filed Tuesday in the Sierra County Magistrate Court alleges
Truth or Consequences bookkeeper Jessie Fields committed 119 counts of
embezzlement upon two of her accounts.
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Spanking
case on hold a year
John
Schoenradt of Hillsboro, charged with felony counts of the false
imprisonment and battery of his 15-year-old daughter, Ashley, agreed to a
12-month time waiver with the District Attorney’s Office, Magistrate Tom
Pestak announced Thursday.
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Jury
clears Salcedo of some rape
charges, hung on other counts
Brigido
Salcedo, 44, of Truth or Consequences, was acquitted last Friday, Jan. 10,
of charges of criminal sexual penetration, conspiracy to commit criminal
sexual penetration by force or coercion and aggravated assault with a
deadly weapon in a case filed in district court in August 2000.
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Texas
company getting serious
about buying SVH
A private
company that has expressed an interest in leasing Sierra Vista Hospital is
now considering buying the hospital outright, SVH Administrator Dee Rush
said this week.
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Sierra
County among five NM rural counties
to receive economic development assistance
The New
Mexico Rural Development Response Council (NMRDRC) announced Wednesday
five rural New Mexico communities, including Truth or Consequences and
Sierra County, have been chosen to participate in a program called
‘Rural Readiness’ that is designed to create jobs.
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Peace
Garden Flourishing
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When United
States officials would trade war for terror and more bloodshed for blood;
we, people of heart’s direction, people of earth’s sacrament, put
forth our deepest plea for world peace in our time.
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CLICK ON PHOTO TO ENLARGE
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The
Shadow Advisory
Okay, I made
a big omission in last week’s column when I failed to reveal the real
reason why I dislike uniforms.
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OBITUARIES
Notice for Herman B.
Weisner.
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…Namaste!
Truth
or Consequences artisans, merchants and peaceniks greet visitors at the
gateway of the Peace Garden with a Hindi salutation, Namaste (pronounced
Nah-ma-stay with an accent on the “e” at the end), which means, “I
greet the god within you.” Greeters are (from left) Mariesa Finch,
facilitator of the Peace Garden at 107 Main St. in downtown T or C and
proprietor of an oriental herb and medicinal shop in the adjacent
building; Susan of Susan GZ at 118 Main St. across the street from the
Peace Garden whose table art appears inside the patio; artist and
photographer Roy Lohr; and traveling artist Alonzo Lyons. The Peace Garden
offers its patio, tables, chairs and calm atmosphere to people who wish to
make expressions of their thoughts in any artistic or literary form.
Artists showing at the Peace Garden include Joyce Eagle and Carol Jones,
among others. Click on photo for story and photo essay.
DJ
Photo by Bill Johnson
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Bookkeeper
charged
with
embezzling $34,000
Two
school bus contractors listed
as
victims in 119-count complaint
Desert
Journal Staff Report
A criminal
complaint filed Tuesday in the Sierra County Magistrate Court alleges
Truth or Consequences bookkeeper Jessie Fields committed 119 counts of
embezzlement upon two of her accounts.
She is accused of taking a total of
$34,239.25 from school bus contractors.
Fields, 43, who operates her bookkeeper
service in a small office next to her residence at 204 N. Juniper St., is
accused of committing 34 petty misdemeanors in which she allegedly
embezzled amounts up to $100; 42 misdemeanors for amounts more than $100
and up to $250; and 43 fourth degree felonies for amounts more than $250
but no more than $2,500.
Eight of the crimes were waged against
Dave’s Transportation and Marla and Dave Waldrop including six felony
embezzlements and the remaining 111 counts name J&S Transportation and
Jacqueline Smith as the victims, of which 37 counts were felonies, 33
counts were petty misdemeanors and 41 counts were misdemeanors.
The alleged embezzlements occurred in a
three-year period between Sept. 17, 1999, and Nov. 12, 2002, in Sierra
County.
The criminal complaint was anticipated
in light of the several search warrants ordered by Magistrate Thomas
Pestak in late November and December last year and as executed by District
Attorney’s Office Investigator Ronny D. Hays, who also filed the
criminal complaint after a month-long probe into Fields’ bookkeeping
activities.
The inventories of the property taken
during the searches listed the hard drive of a computer system and bank
statements issued to Jessie Fields from Aug. 7, 1998, to Nov. 26, 2002, to
Jessie’s Bookkeeping and Tax Service between Dec. 31, 1998, and Nov. 30,
2002, and to her daughter Jo Anna Fields from Aug. 7 to Dec. 7, 2002.
District Judge Edmund T. Kase III
ordered Fields’ arrest last Friday and sheriff’s deputy David Bryant
served the warrant on Tuesday.
Judge Kase initially ordered Fields be
held without bond until her first appearance. District Judge Thomas Fitch
however ordered Fields be released on her own recognizance and she was
freed from custody the same day of her arrest.
Marla Waldrop contacted DA’s
Investigator Hays on Nov. 26 last year to report she and her husband,
David C. Waldrop, the owners of Dave’s Transportation which has a
contract with Truth or Consequences Schools to provide three school buses
and three bus drivers, had hired Fields of Jessie’s Bookkeeping and Tax
Service in July 2002 to take care of the bookkeeping on their business
accounts, according to Hays’ affidavit for arrest warrant.
Mrs. Waldrop said she and Fields agreed
that Fields would be paid $65 a month for her bookkeeping services.
As part of her duties, Fields was
authorized to write and sign company checks, pay taxes, issue payroll for
the bus drivers, pay herself for her services and pay any other bills
associated with Dave’s Transportation, according to the affidavit.
Mrs. Waldrop also told the investigator
that on Nov. 26 the Bank of the Southwest notified her that a company
check was issued to Fields’ daughter, Jo Anna, and that Jessie Fields
did not have said authorization. Tax and bus payments also went delinquent
since July 2002, Waldrop told Hays, according to the affidavit.
Based on the information, Hays obtained
his first search warrant on Nov. 27 to obtain documents from Bank of the
Southwest and learned that numerous other unauthorized checks were written
on Waldrop’s business account to the order of Fields, Jessie’s
Bookkeeping, Jo Anna Fields, another daughter, Amanda Fields, and
“cash,” with the total of eight checks amounting to $3,025.
Jacquelyn Smith, the owner of J&S
Transportation who holds a contract with T or C Schools to provide one
school bus and a bus driver, also contacted Hays on Nov. 27 last year.
Smith told Hays she hired Fields about
two years ago to take care of the bookkeeping on her business account.
Again, Fields was authorized to write checks, pay taxes and payroll and
pay any other bills associated with J&S. However, Fields in this case
was not authorized to write checks to pay herself or her children, but
according to the affidavit, Fields allegedly did just that – she paid
herself, her business, her two daughters and to “cash” on the J&S
account, for a total amount of about $31,214.25.
Again Hays obtained a second search
warrant on Dec. 4 for bank documents and as a result of its information
Hays got three more search warrants – two of them being for the bank
records of checking accounts known to belong to Fields and her business,
according to the affidavit for arrest warrant.
A first appearance for Fields in
magistrate court was pending as of press time Thursday.
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Spanking
case on hold a year
To
be dismissed if father ‘behaves’
By
Fred Mramor
of
the Desert Journal
John Schoenradt
of Hillsboro, charged with felony counts of the false imprisonment and
battery of his 15-year-old daughter, Ashley, agreed to a 12-month time
waiver with the District Attorney’s Office, Magistrate Tom Pestak
announced Thursday.
The case against Schoenradt will remain
open for one year but will be dismissed if there are no further incidents
during that time, the magistrate said.
Schoenradt’s wife, Susan, charged
with battery against a household member – Ashley – entered into the
same agreement with the prosecuting attorney, the magistrate said.
John Schoenradt was arrested Sept. 26
for battery and false imprisonment after trying to restrain and spank his
daughter.
Schoenradt reported to a State Police
officer who had come to Schoenradt’s home that Ashley had been involved
in an automobile accident during school hours and that she would not tell
him with whom she was involved in the accident.
Schoenradt said he grabbed his daughter
by the arms to turn her over and spank her. Ashley moved away and backed
up on the couch and Schoenradt said he was still trying to turn Ashley
over to spank her and they ended up on the floor.
Schoenradt said he then held his
daughter to the ground by holding one arm down with his hand and holding
the other arm down with his knee, according to the statement.
Schoenradt said Ashley then ran out of
the house and into the street and was yelling, according to the police
report.
Schoenradt stated to police that his
daughter was “out of control and he didn’t know what to do with
her.”
State police arrested Susan Schoenradt
for battery against a household member on Nov. 1 after she reported that
Ashley had run away from home.
Mrs. Schoenradt described to the
officer numerous disciplinary problems she and her husband were having
with their daughter and said her attorney advised her to report her to the
police as a runaway.
Mrs. Schoenradt said she and her
husband did not want to deal with Ashley and that they wanted her out of
the house and didn’t care where she went, according to Officer Matthew
Romero’s complaint.
Officer Romero informed the Schoenradts
he didn’t have cause to take Ashley and left after advising the mother
and daughter to leave each other alone as much as possible.
But the State Police officer was called
back to the Schoenradt home only 14 minutes later when John Schoenradt
reported to State Police that his daughter had battered her mother.
Romero returned to the Schoenradt home
to hear reports from the family members that Ashley had called her mother
vulgar names and that the two struck each other with open hands and closed
fists.
The officer said he observed marks
consistent with battery on Susan and Ashley Schoenradt and arrested both
the mother and daughter for battery on a household member.
Many parents of Sierra County have been
eyeing this unusual case that would appear as normal domestic activity –
specifically, disciplining a child with a good old fashioned spanking –
but not barring the state’s interference with such parental
responsibilities.
Some parents have asked just how this
particular case got tangled up in justice’s web, stating also they have
become so confused that they now must seek the state’s direction on how
to remain lawfully abiding parents when punishing their children.
Likewise, several parents said they
expected the Schoenradt spanking case to be dismissed without question
because of its otherwise bizarre implication that parents have absolutely
no authority to act when their children behave badly.
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Jury
clears Salcedo of some rape
charges,
hung on other counts
DA
says he’ll re-try case
while
Salcedo remains
in
jail with no bond
By
Fred Mramor
of
the Desert Journal
Brigido Salcedo,
44, of Truth or Consequences, was acquitted last Friday, Jan. 10, of
charges of criminal sexual penetration, conspiracy to commit criminal
sexual penetration by force or coercion and aggravated assault with a
deadly weapon in a case filed in district court in August 2000.
The jury reached no verdict on charges
of kidnapping, intimidation of a witness and three additional counts of
criminal sexual penetration in the same alleged assault on a Truth or
Consequences woman on July 12 and 13, 2000.
Seventh Judicial District Attorney
Clint Wellborn on Tuesday said Salcedo will be retried on these five
charges after the first trial in which the jury was hung ten to two in
favor of conviction.
The state has up to six months to begin
the retrial which Wellborn said could be underway as soon as March.
Wellborn said it’s anyone’s guess
as to why the jury in the first trial didn’t convict Salcedo on any of
the eight charges against him.
Salcedo’s attorney and former Seventh
Judicial District Attorney Lee Deschamps commented after the trial, “The
fact that a jury did not find that the state had done so in this case
should convince the DA’s office that this case should be dismissed, and
that Brigido Salcedo should go free, after more than two and a half years
of jail, for crimes he did not commit.”
Salcedo will remain in custody until
the retrial trial is concluded.
Deschamps said his client has been
jailed since his arrest because former Assistant DA June Stein “kept
screaming” that Salcedo was a danger to the community.
“I guess she never heard of the
presumption of innocence and the right to bail,” Deschamps said.
Deschamps said he filed a motion for a
speedy trial over a year ago but that the prosecution has held that the
defense asked for most of the continuances that delayed the proceedings.
Deschamps said this is only partially
true. “Because the DA was playing hide the ball, we didn’t get
psychological records until last summer, then had to file motions, hold
hearing, then get the records. All of this takes time,” Deschamps said.
Deschamps said his repeated motions for
dismissal on grounds of prosecutorial misconduct were denied and that he
can’t take action against the state for prosecutorial misconduct,
malicious prosecution or false imprisonment because the state is immune
from such charges.
Clint Wellborn declined to dispute each
of Deschamps’ charges of prosecutorial misconduct and dilatory tactics
in the press. The district attorney said the issues were raised in court
and every one of the defense’s motions was denied.
Wellborn did say Salcedo’s trial was
delayed partly because of the several changes of attorneys both for the
prosecution and the defense. Wellborn added that medical records Deschamps
said were missing have been found and will be available to the defense for
Salcedo’s retrial.
Wellborn said he doesn’t believe
prosecutors withheld any evidence from the defense.
Deschamps had other complaints about
the proceedings before and during Salcedos’ trial. Deschamps said the
alleged victim didn’t show up for a first scheduled evaluation and left
after only two hours of an expected 10-hour rescheduled evaluation.
Deschamps said she left because the
DA’s office had scheduled a meeting with her at the same time as the
evaluation.
Deschamps said he obtained an
incomplete report from a third evaluation only four days before the trial.
Deschamps said he received a call from June Stein only a few days before
the trial was scheduled to begin last year informing him that the alleged
victim had been admitted to a hospital.
Deschamps alleged the prosecution
withheld exculpatory evidence including photographs. “There were only
two possible explanations for the State’s failure to want to produce
those photos at trial. Either Stein knew they were unavailable, or she
knew they would prove the defendant was telling the truth and the
complaining witness was not,” Deschamps said.
Deschamps said he was prevented by the
court’s rulings from exploring the alleged victim’s possible multiple
personality disorder, her repeated abuse as a child by her family and
history of (drug-induced) hallucinations resulting from her lengthy drug
history and her Post Traumatic Stress Disorder resulting from to her
childhood abuse.
Deschamps said a missing tape of an
interview between the alleged victim and then-Assistant DA Barbara Romo
would have contained inconsistencies that would have indicated Salcedo’s
innocence but Judge Edmund Kase ruled the defense did not prove the tape
existed.
Finally, Deschamps said the victim said
while being examined at Sierra Vista Hospital, in a written statement and
during the trial, that it was a redheaded man who attacked her.
Salcedo does not have red hair,
Deschamps said.
DA Wellborn said, however, a second
suspect in the alleged assault was never apprehended, though Wellborn said
also he doesn’t know if the second suspect has red hair.
Wellborn further countered that the
victim identified Brigido Salcedo as her assailant by name and said she
knew him before the alleged assault took place.
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Texas
company getting
serious
about buying SVH
By
Fred Mramor
of
the Desert Journal
A private company
that has expressed an interest in leasing Sierra Vista Hospital is now
considering buying the hospital outright, SVH Administrator Dee Rush said
this week.
The Joint Powers Commission in October
announced that it had been approached by a private healthcare provider who
wished to lease the public hospital, take over its operations and then
build a new hospital in Truth or Consequences.
Rush said, however, a possible lease
created problems with respect to the hospital being financed with public
funds.
The private company - a for-profit
business from Texas that cannot be named due to a confidentiality
agreement - and the JPC thought it would be “cleaner” for the company
to buy rather than lease the hospital, Rush said.
The JPC has appointed Ted Pape, Gary
Whitehead and Lori Montgomery to a negotiating committee to outline to the
Texas company what terms and conditions the JPC will accept.
This having been done, the JPC is now
waiting to hear back from the hospital’s prospective buyers, Rush said.
Rush said the Texas company still
intends to build a new hospital in T or C if a deal is consummated but may
not be interested in operating a mental health facility as SVH currently
does.
But as the JPC deems it important to
continue providing, and possibly expanding, mental health care services in
Sierra County, an agreement may be negotiated in which the community will
buy back the existing hospital building to serve as a mental health
facility.
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Sierra
County among five NM rural counties
to
receive economic development assistance
ALBUQUERQUE - The New Mexico Rural
Development Response Council (NMRDRC) announced Wednesday five rural New
Mexico communities, including Truth or Consequences and Sierra County,
have been chosen to participate in a program called ‘Rural Readiness’
that is designed to create jobs.
The five applications chosen are Union
County, Harding County, City of Taos, T or C/Sierra County and the City of
Raton.
Each of the communities were chosen
after submitting an application which gave details about the needs in
their respective communities.
Each of the communities will receive up
to $50,000 in technical assistance. The grantees will be involved in a
nine-month process, which will help them become better prepared to create
jobs in their community.
“We’d like to thank both U.S.
Senator Pete Domenici for his support and the Economic Development
Administration through the Department of Commerce for providing the
funding to make this program possible,” said Vanessa Gray, executive
director of the New Mexico Rural Development Response Council.
“We are excited to work with the five
grantees to help create new jobs because rural communities in New Mexico
are often the most needy in attracting new jobs,” Gray added.
Plans are being formulated to begin
work with the communities in late January to begin the nine-month process,
which will target specific industry based on the community’s assets.
At the end of this summer the NMRDRC
will once again seek applications from rural communities in New Mexico
that would like to be a part of this program.
For information on this program call
Vanessa Gray at 505-287-2829.
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Peace
Garden Flourishing |
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“We
must be the change
we
want to see in the world.”
–
Gandhi
By
Mariesa Finch
When United
States officials would trade war for terror and more bloodshed for blood;
we, people of heart’s direction, people of earth’s sacrament, put
forth our deepest plea for world peace in our time.
In the enduring tradition of Buddha,
Christ, Mohammed, Gandhi, and all realized beings innumerable; we cry our
prayer for renewal and continuation of human life on our planet in a free
and joyful way.
We join sisters and brothers the world
over; dancing peace, life and understanding again into our hearts, again
into our lands.
Even now, in Baghdad, Americans and
Iraquis together sing odes of reconciliation.
We drum, we demonstrate, we celebrate:
a world of cultural diversity, a radiant Earth of ideas exchange, a
compassionate planet of freedom, movement, interpenetration, interceding
of; perspectives,
philosophies, insights, inspirations; toward one whole Earth culminating
in Love.
We are gathering in Circle to share our
dreams, songs, concerns, and celebrations at 6:30 p.m. each Tuesday at the
Peace Garden, the outside patio at 107 Main St. in downtown Truth or
Consequences. All are welcome!
The Peace Garden is open for all
expressions of the radiant Earth where all beings may celebrate in
life’s loving kindness.
For more information call me, Mariesa
Finch, at 894-0340. I’m located in the shop between the Peace Garden and
the Turtleback Center for the Arts.
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…“Blessed
are the makers of peace.” – Christ
The
Peace Garden at 107 Main St. in T or C offers a place for meditation (top
photo), socializing (bottom photo) and a gateway bulletin board for
special announcements, art, or messages of peace and love. In the photos,
Peaceniks Mariesa Finch and Roy Lohr share special moments together and
slip in a good old peace sign.
DJ
photos by Bill Johnson
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The
Shadow Advisory
By
Bill Johnson
Editor
of the Desert Journal
…More
on uniforms
Okay,
I made a big omission in last week’s column when I failed to reveal the
real reason why I dislike uniforms.
Besides
having worn one for five years in private school and another four years in
the U.S. Navy, I also wore a uniform while taking a Navy Junior ROTC class
my sophomore year in high school. Incidentally, I earned an “A” in
that class, but I didn’t take it again.
It was
May 1970 at the end of the school year and the Ohio National Guard shot
and killed four innocent students at Kent State University, purportedly
trying to break up a student demonstration against the Vietnam Conflict
(police action to most but nonetheless a war to veterans of that awful
era). If they weren’t coming home in a body bag, soldiers who returned
were spat upon by those flag-burning Americans they were fighting to
protect.
Anyway,
I remember it was a Thursday – uniform day for the ROTC class – and
the Kent State incident had just occurred and protestors everywhere wanted
to lower Old Glory to half-mast as a show of sorrow for the government’s
horrible murder of American students.
I
remember the commotion outside by the flag pole but most of all I remember
how that very day I wanted to strip myself of my uniform and lower the
flag myself. But I didn’t.
Instead,
as I walked home that day still in uniform I remember a car full of
long-haired students passed by and they all flipped me off and yelled
obscenities (nothing personal, it was just the uniform that ticked them
off).
My
older brother already had volunteered for naval service and was serving
his duty off the coast of Vietnam in a naval vessel. With my brother’s
personal safety in mind, later that summer I finally got the courage to
join in one of the peaceful anti-war marches in Albuquerque.
It was
awesome listening to thousands of marchers, including war veterans, chant,
“No more fighting, no more war. No more body bags, no more, no more, no
more war!” Or something like that. I did not attend the confrontations
in which protestors overturned police cars at Roosevelt Park and the
national guard flung tear gas at demonstrators on the campus of UNM.
Glorious days for the USA.
Then I
found myself entering voluntary service with the U.S. Navy in 1972 or
three years before the end of the Vietnam Era.
My first few weeks in boot camp
were a total failure because of guess what? That’s right – my uniform.
The
Navy issued me boots that were too small for my feet and the dye in the
black socks absorbed into my blood stream through the horrible blisters I
got wearing those awful tight-fitting boots my first week during intensive
marching activities. Both of my legs became very swollen and painful and
it was determined that my legs got blood poisoning from the dye and I was
thus “hospitalized” one week on a ward that seemed to have several
patients with the same problem as me.
Even
after a series of whirlpools and other treatments, walking continued to be
a problem after the hospital discharged me because I had the same damned
pair of boots that caused the problem in the first place. When it came
time for a physical test for qualification into the Navy Seals training
program, I passed all of the criteria – swimming, chin ups, sit ups,
push ups, etc. - but then came foot work with the mile run.
“May
I take these boots off and run my mile barefoot?” I asked the examiner.
“No, you may not,” he replied.
“But
I can’t run in these shoes – I still have blisters and my feet
hurt…” “Doesn’t matter, gotta wear ’em” was the reply I got.
About a quarter mile into the run, my feet gave out and that was it – no
underwater demolition fun for me.
Instead
I eventually trained to become a hospital corpsman and worked my stint at
the naval hospital in Oakland, CA.
Who
knows, maybe that wormy uniform issued in boot camp saved my life. Maybe I
would’ve died training or going to battle as a Seal. Maybe I should hold
my uniform in exaltation. But that was my choice – I volunteered to wear
it. If a state law is passed requiring school uniforms, it will not have
been the children’s choice.
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OBITUARIES
Herman
B. Weisner,
81, an author and resident ofWilliamsburg since July 2001, died Monday,
Jan. 13, 2003, at his home. He was a former longtime resident of Organ,
NM, for over 35 years. He was born Sept. 28, 1921,
in Winston-Salem, NC, to Fred and Blanche (Hicks) Weisner. He was a
retired electronics technician with White Sands Missile Range and a
veteran of the U.S. Coast Guard.
He has
written much about history and authored many articles and books including A.B.
Fall about the Teapot Dome Oil Scandal in Lincoln County, NM, for
which Senator Albert Dome eventually went to jail.
Mr.
Weisner was a member of the Masonic Lodge in Las Cruces and the Disabled
American Veterans.
Survivors
include his wife, Augusta K. Weisner of the family home in Williamsburg,
NM; his two sons, Craig R. & wife Debra Weisner of Williamsburg, and
Kent & wife, Debra Weisner of Kirtland, NM; his daughter, Janice
Shafer of Gonzales, TX; five grandchildren, Holly, Jill & husband Paul
Mackley, Jamie Weisner, Orion Weisner, Kent Weisner Jr. and Michael
Malone; his brothers, Howell & wife Joyce Weisner of Maryland, and
Rygg & wife Linda Robinson of Maryland.
Private
services will be held at the Santa Fe National Cemetery. Arrangements are
by French Mortuary of T or C Inc.; 505-894-2574.
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