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District Judge Faces Off with Commissioner ,, HH~fffHHI14t!lJ~ LJJ!.JJI ;1! 'I.J) I,) I l1 J'1 R JV)'" ..ilUJ Mj..,tt:l~ r'U~Ll,Jr1',riU JIJvJt1"t,). ••·,l,rqJ ,(.~I t lt-d!lJtLt Utt IJII)QSO tl ~"HJV I.A /11\)j jJt'-4 50 CENTS I{(JID()~(), M F X I C~ () N E \V WEI>NLI.-,DAY, S I· P I . l 6 ' l99H b">l'E .,0. 3"1 • )2 I'AC.I.'> District judge faces off with commissioner BY DIANNE. STALLINGS mated $1.8 million annual price of operating a is seeking cooperation. called the pig or the hog," he said in reference RVIDOSO NEWS STAfF WRIJf.R new 100-bed jail. Howell and Commissioner But Doughty apparently saw the state­ to Howell's remark that judges would fill up Monroy Montes have urged judges to partici­ ment as an attack and said Howell sounded every available jail cell if allowed. Judicial objectivity and county commission pate in developing alternative programs to jail like a proponent of a defense attorney's point Doughty said Howell apparently was upset sensitivity seemed to be lacking Friday as time and in promoting legislation that would of view, a possible reference to Howell's friend­ when he threatened to fine Utero County Commissioner Wilton Howell and 12th place the financial burden on the state, instead ship with Gary Mitchell, chairman of the coun­ $1,000 an hour if a JUvenile offender wasn't Judicial District Judge Robert Doughty butted of the county, for prisoners housed in the coun­ ty's jail advisory committee and a well-known handled properly. Doughty then told Howell heads. ty jail by action of state probation and parole attorney often appointed as public defender in not to worry about a line for Lincoln County. officials. Doughty, flanked by five other judges, had death-penalty cases. "If I ever hold them (Lincoln County) in asked to be put on the agenda to respond to But the discussion got off to a rocky start "Is that what you called me here for - to contempt, I'm going to look for a way to put remarks by Howell about the role of judges in Friday as Doughty was recognized by dress me do'wn?" Doughty asked Howe]!. you in jail," the Alamogordo-based judge told ] lowell. filling the county jail in Carrizozo. The jail, Chairman L. Ray Nunley. "Judge, I'm not here to aq,rue with you," which fails to meet several fire and life safety Howell replied. He came to the meeting with some propos­ Howell interrupted and asked to make als on work release and radio monitoring of code regulations, a11d has exceeded its tnaxi­ some opening remarks to detail his position "Yes, you are," a steaming Doughty shot mum number of inmates, is due to be replaced inmates, hut in the current atmosphere, they and why he invited the participation of the back. "You invited me here. I stood up and you would "be counter productive to offer," unless by a new jail/court complex within the next 18 judges. The commissioner then read a six­ took over. This is incredible. months. page, type-written statement that, while crit­ "I came here today as a peacemaker to Commissioners are worried about the esti- ical of some current practices, emphasized he offer a plan. I don't know now if I'm being See CONFUCT, page 2A County ~ DETENTION CENTER debates State gives drug tnoney cOunty jail BY DIANNE STALI.INGS • lll'/D0.\0 Nl:. W.\ .H AH WIUH.Jl ~----~ -------·---- a repneve A Lincoln County Commis­ sioner on Friday called the pur­ Report on location of new chase of a high-dolJar undercover vehicle a waste of money that facility coming Thursday could better be spent on building a new jail. s·r DIANNE STALLINGS Sheriff Thm Sullivan caiJed it Rt '//)()\() '\If W\ 1--"T'-"A'-'H_W-=cRc:.c/7c.::F..::_.R:______ _ an efficient use of money that must by law only be used in the fight against illegal drugs. A written agreement is being At the heart of the dispute worked out between the State Fire was the seizure fund of the sher­ Marshall's office and the Lincoln iff's office, created and fed by County Commission, setting forth money generated from the sale of the minimum standards that must houses, cars and other items for­ be met by the county to continue to feited through courts by drug operate the old jail while a new one is dealers and users. being built. The discussion began with a State Fire Marshall George motion by Commissioner Monroy Chavpz and inspPctors Jamt-s Montes to turn over to the Trehern and Paul Linville were part RuidoBO's Police Department the of a group of state officials who operation of the county narcotics inspPcted thP jail in Carrizozo Friday investigation unit and the grant O.anne Stalhngs,iRu,doso N<?ws with CommissionPr Chairman L that funds it. Murder defendant: Terri Payseno consults with her artomey. Gary Mrtchell, during her tnal Monday In the background IS ba.liff Jeannie Nesm1th. The trial Ray Nunley The move would be in line is scheduled to continue into next week. with a recent decision to hand the They have indicated a vvilling­ county's grant-financed OWl pro­ nPss to work with the commission as gram to the village, he said. He long as it moved forward with plans claimed 80 percent of drug cases to construct a new jail. originate in the Ruidoso area and Guard says Payseno admitted to murder Commissioners will hear site. also reminded commissioners sizP and operational recommenda­ that personnel problems, one law­ BY DIANNf STALl INC~ Payseno fired once into the ground Mitchell, irritated that the testimo­ tions for a new jail from a consulting suit and some glitches with the Rl'/[Xl\0 NEW\ .\TAff WR/llR to warn her former lover, but Kirkwood ny wa..s allowed. qucstiom'<i why Burks hrroup during a 6::30 p.m. meetmg handling of the grant have dogged kept coming. The next shot hit her left didn't report thE' conversation earliPr. He Thursdav in Carrizozo. Also on the the program sinc-e it started eight A jail conversation only recently breast, killing her, according to SUf.,'J.,'l'!-'ted Burks was tr:.ving to impress agpncla (s thP SPtting of the 199H tax years agu undPr the title of the reported hy a former ~"'Uard challenged Mitchell. smne utlwr law enforcen1Pnl officials at a rate. White Mountain Drug Task the core of Terri Payseno's claim of self­ ,Justin Burks. now a Capitan police lunch after a clw.;s on arson. J le objl'Ctt>d Force. defense Thesday in the killing of Sonia officer. but to Burk.•:; being allowed to refer to a copy LllwillP said Mondav he's in the But his suggestion hit a wall "Sonny" Kirkwood Sept. 13, 1997. employed as a of his sworn statement prucess of putting togeth-er the agree­ with Commissioners fu•x Wilson, It was the first dirPct testimony in I a.skcd her if guard at county '·It was written several months ment and could not comment on William Schwettmann, Wilton the murder trial, which began jail in Carrizozo (after the conversation 1. so It's no dif­ specifics. other than some rE>stnc­ Howell and Chairman L Ray Monday, contradicting the 41-year-old ...,he hac! .shot hn from Decem bPr fprent than vour abilitv to rPmembPr twns will be placed on thE' old Jail',.; Nunley, especially after they woman's version of events the day and .she .said 1997 to May today," Mitchell said. a~kmg if the oiTi­ operation Chavez was not availahle learned the village hadn't been Kirkwood was shot once with a 38 cal­ cH·rvhmh alrcach· 1998, said Cl'r had a defectivP mPmorv. for commPnt. approached officially about taking Payseno told He also contended Burk"i mav han· iber special Smith & Wesson double During a commission mE'eting over the program. A motion by knew she had him a different a grudge against Pay;.;eno, hecaus~ shP action revolver and her hodv was hid- Friday. Nunley told other commis­ Howell to contact the village den in a horse trailer. shl >t her ... story late one complained about the trt>atment of sinrwrs that although the .Jail wa;.; failed 3-2 with Montes and In his openmg statement, defense evening when another inmatP. built to hou:-:e about -tl prisoners. Howell voting for it~ attorney Gay MitchE'll said Payseno Justin Burks. he was alone at Burks said he rPportPd the convPr­ Indn·idual _:-;racP rPquirem<'nts for Libertarian Party countv was confronted by an gun-toting, (()17//('r U>llllf\ 1m/ gllrllrl a desk opposite sation to a superior within a few days, mmatPs will limit thf' occupancy to chairman Tony Seno urged com­ intoxicated Kirkwood after taking her her one-pt>rson hut was told it was nothing nf'W. liP :l:J. Morp staff \.,·ill not havp to bt' missioners to drop the narcotics daughter to spend the night at a Ct>JJ. brought It up again at the lunch with hin·d, hut shifts will be staggPred dif­ program entirely, contending that friend's howw and returning to the He said Payseno was complaining an assistant district attornPv and ft•rentl;v·. hP ;.;aid. citizenA wht~ use small amounts of ranch the, couple shared in Alamo about not being able to sec her first­ ot hf'r officers, hecause he heard thE·m illegal drugs are targPted instead Canyon near Hondo.
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