DAILY LOBO new mexico
Word of warning see Page 11
February 7, 2013
The Independent Student Voice of UNM since 1895
F. Chris Garcia case hits wall NM Supreme Court denies DA appeal in sex ring case by Elizabeth Cleary and Alexandra Swanberg news@dailylobo.com
The former UNM president charged with promoting prostitution in connection with a large-scale online sex ring seems to be off the hook. The New Mexico Supreme Court denied the Second Judicial District Attorney’s appeal of a judge’s ruling that the Internet is not a place of prostitution. That ruling, issued in June, left the DA’s office unable to charge former president F. Chris Garcia, who is also a current professor emeritus, in the case. Garcia was arrested June 23, 2011, and charged with promoting prostitution, tampering with evidence and conspiracy for his alleged involvement with Southwest Companions. Last June, a judge ruled that the website did not constitute a place of prostitution because it is not a physical place, according to a New Mexico law that defines a house of prostitution as a “place where prostitution is practiced, encouraged and allowed.”
Courtesy Photo The district attorney appealed that decision, but the state Supreme Court denied the appeal Wednesday morning. The DA’s public information officer, Kayla Anderson, wrote in an email that “We pursued our argument (Wednesday) based on the belief that the District Court’s decision was premature and that it is possible that a website can be a place of prostitution.” Garcia’s attorney Robert Gorence said that because both the district and supreme courts have ruled that Garcia’s actions were
see Garcia PAGE 5
thursday
IN SESSION
Social media ban eyed for sex offenders by John Tyczkowski news@dailylobo.com
Constitutional challenges have slowed down a bill that would ban sex offenders from using social networking sites and chat rooms. House Bill 48, sponsored by Rep. Nate Gentry (R-Albuquerque), would prohibit all registered sex offenders from accessing social networking sites, instant messaging systems or chat rooms, for life. The bill does not say how the prohibitions would be enforced. The bill would institute a twotiered penalty system for registered sex offenders wherein the first use of a social networking site or similar avenue would be considered a misdemeanor punishable by a year in jail and/or a $1,000 fine, and any subsequent uses would be considered fourth-degree felonies punishable by 18 months in jail and/or a $5,000 fine. According to the fiscal impact report released last week, the bill, “No Sex Offender Use of Certain Media,” could be considered unconstitutional because it’s “an
overly broad … infringement on a person’s right to free speech” under the First Amendment. Another challenge to the bill was that when certain social networking site prohibitions have been put in place, they have only been during a sex offender’s probation or parole periods and also if the sex offender’s offense involved a minor, whereas this bill applies to all sex offenders. Bills that have tried to ban all sex offenders from such online media have been defeated in Louisiana and Nebraska. Though HB 48 was defeated unanimously in the House on Tuesday, a proposed revision took its place later that day. Rather than applying the restriction to all sex offenders, the revision would prohibit only those sex offenders whose offenses involved minors or the use of the Internet, or both, from using such sites. All other parts of the bill would remain the same. The revision passed unanimously through the House Consumer and Public Affairs Committee on Tuesday, and is headed to the House
Judiciary Committee next, hearing date to be determined. In Senate news, Senate Bill 337, co-sponsored by Sen. Benny Shendo (D-Jemez Pueblo) and Rep. Sharon Clahchischilliage (R-Kirtland), passed unanimously through the Senate Indian and Cultural Affairs Committee Tuesday afternoon. Known as “UNM Native American Student Intervention”, the bill would appropriate $275,000 to the University to fund Native American student intervention and retention. Neither the bill nor its fiscal impact report specifies what “intervention and retention” entails. According to the fiscal impact report released earlier this week, the money would go toward hiring student advisers working in the University’s American Indian Student Services program. The bill duplicates a provision within the General Appropriation Act to fund that program and others like it within the University’s minority student services programs umbrella. It will head to the Senate Finance Committee next, hearing date to be determined.
Lobos throttle Falcons 81-58
The Daily Lobo has followed ex-UNM president F. Chris Garcia’s case since he was arrested in the summer of 2011. Here is a timeline of how the story unfolded: June 2011
Sep. 2011
June 2012
Garcia is arrested for an alleged connection with the online sex ring Southwest Companions. Police, following an undercover investigation, said Garcia was one of the site’s moderators and helped recruit prostitutes. They said he operated under the Internet handle “Burque Pops.” Garcia was charged with promoting prostitution, tampering with evidence and conspiracy. Soon after the arrest, police raided Garcia’s office at UNM and found a briefcase and cabinet full of sex toys, 21 pornographic videos and nine sex books. At the time of his arrest, Garcia was a professor emeritus at the University, a position which afforded him an office on campus. The district attorney’s office put Garcia’s case on hold. Garcia’s lawyer at the time, David Serna, said the move is a common one, and that the DA’s office usually does this because it has a big backlog of cases to get through. The DA’s office also canceled Garcia’s grand jury hearing on short notice, a move Serna said is less common. Garcia’s case was scheduled to go before a grand jury almost one year after the initial hearing was canceled. Later in June, the grand jury hearing is canceled after state District Court Judge Stan Whitaker ruled that because the Internet is not an area in which acts of prostitution take place, Garcia could not be charged with promoting prostitution as state law defines it.
Feb. 2013
The New Mexico Supreme Court denied the DA’s appeal of the June ruling.
Inside the
Daily Lobo volume 117
issue 96
Juan Labreche / Daily Lobo Lobo senior guard Jamal Fenton, left, lets out a yell as he and teammate, senior Chad Adams, walk off the court after the Lobos’ win Wednesday night at The Pit. With the 81-58 victory over Air Force, the No. 15 New Mexico men’s team maintains sole possession of first place in the Mountain West Conference.
By J.R. Oppenheim
assistantsports@dailylobo.com @JROppenheim Emotions escalated in New Mexico’s 81-58 win Wednesday night at The Pit. A ruckus involving both coaches and players took place midcourt between the No. 15 Lobos and Air Force in the second half. UNM, holding a 63-51 lead at that point, used the incident as
Fencing fancy
Feline fun
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motivation through the remainder of the game, pulling away from the Falcons to secure its 20th victory of the season. The win over Air Force ensured UNM’s sole possession of the top of the Mountain West Conference standings. Colorado State owns second place outright with its 73-69 win over Nevada, while Air Force drops to third. “I love Pit games,” said UNM head coach Steve Alford, whose
team improved to 20-3 overall and 7-1 in MWC play. “There is nothing better.” Coaches and players from both sides of the court took issue with each other 13 minutes into the second half. UNM’s Jamal Fenton and Kendall Williams, along with Air Force’s Kyle Green, received technical fouls for getting into an heated exchange with each other.
see Basketball PAGE 3
TODAY
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