The Albuquerque Tribune from Albuquerque, New Mexico • 3

FRIDAY DECEMBER 9 1988 THE ALBUQUERQUE TRIBUNE PAGE A3 LOCSISTATE UPDATE Pom shops close soon remain open while they exhaust all appeals in the zoning matter Appeals are expected to continue through District Court through the Court of Appeals and on to the UJS Supreme Court Attorneys for the stores were not available Thursday Hie 1986 deal was between attorneys for the store owners and the city's chief trial attorney state Sen Manny Aragon D-Albuquerque The City Council was not informed of the agreement but Mayor Ken Schultz was aware of it The shop owners are challenging efforts made by the city in August to shut down the shops down based on violations of a 1977 zoning ordinance that requires the businesses to be at least ljOOO feet away from each other ami 500 feet from a school church or residence The store owners are using Aragon's deal as a defense to the city's attempts to enforce the ordinance District Judge William Deaton on Thursday upheld that 1977 ordinance as well as a 1981 law that reduced from 40 to 5 years the grace period given violators of toe ordinance in which to close or relocate questioned ordinances do not offend the US Constitution or the Constitution of toe state of New Deaton said in a letter to attoieys in the case The decision was applauded by City Councilor Hess Yntema who sponsored an antiobscenity law a step forward and the legal department ought to be Yntema said "The shops will probably appeal the ruling and it does not mean that the city will be able to close these shops immediately a positive indication from a neutral magistrate that we will be able to enforce our zoning Assistant City Attorney Bob White said he'd have to confer with top city officials to deckle what to do next in the case Yntema said the trial over whether deal bars the city from enforcing the zoning code is still a few months away say that Sen Aragon had no right or authority to waive zoning codes against these establishments" Yntema said we will have a moment of truth as to whether Sen agreement protects these businesses from the normal course of the Appeals will take years despite ruling By DENNIS DOMRZALSKI RU sum upon It will be years before the city can shut down adult bookstores on East Central Avenue despite a ruling upholding zoning ordinances that would close or relocate the shops The store owners are expected to appeal District Court ruling and a second phase of the court battle against the shops is still a few months away Still to be decided is the validity of a 1986 city agreement that allows eight businesses to Pat Dtviton mi 'fa': 'M rf -H 1 IrZU -ii J'-''- IMMIGRATION STUDY Anaya begins Latin trip SANTA FE Former Gov Toney Anaya Is spending the next 10 days in Central America as a member of the Commission for the Study of International Migration and Cooperative Economic Development Anaya said the 12-member commission will look into the situations in El Salvador Nicaragua and Guatemala that contribute to illegal immigra- tion into the United States Anaya said he will be looking for economic and political conditions that may be forcing people to flee their homelands His belief that such conditions existed prompted Anaya to issue a controversial executive order granting sanctuary in New Mexico to Central American refugees The order was later canceled by successor Gov Garrey Canuthers Hie commission formed as part of the landmark Immigration Reform and Control Act of 1986 will make recommendations to Congress on steps to take and agreements to make with foreign governments to curb illegal immigration into the United States CAMPAIGN SPENDING NM Democrats overwhelmed GOP SANTA FE The Democratic candidates for Supreme Court and Corporation Commission outspent their Republican counterparts by tremendous margins according to campaign finance reports filed with the Secretary of State Reports of campaign contributions and expenditures had to be filed by Thursday the 30th day after the general election by candidates for political office and political action committees It was an off-year for New Mexico elections and only three statewide positions were on the ballot one position each on the Supreme Court Court of Appeals and Corporation Commission Benjamin Chavez was unopposed for the Court of Appeals The reports show that Democrat Joseph Baca the winner outspent Republican Kenneth McDaniel by 37-to-l in their race for the state Supreme Court Democrat Louis Gallegos the winner outspent Republican Jannie McDaniel no kin to Kenneth by 23to-l for the Corporation Commission Baca spent $27852 and Gallegos spent $9690 HUMAN REMAINS Skeleton is off a woman in her 30s A skeleton found by hunters near the Sandia Crest is of a woman in her early 30s a Bernalillo County Sheriffs spokeswoman says Ronni Crago said Thursday that an anthropologist's findings revealed that the skeleton is of a white woman about 5 feet 5 inches tall with a thin build Crago said investigators found the skeleton clad in brown high-heeled boots and a faded greenish-print blouse The skeleton was found Sunday The Office of the Medical Investigator said the woman had been dead between two and four years In an attempt to identify the woman Crago said sheriffs investigators today were checking dental records and missing person reports from around the country Anybody with information is asked to contact the sheriffs department at 7634111 MYSTERIOUS ANIMAL Gravel-pit remains identified as skate DEMING The remains of an animal found in a gravel pit that had baffled Deming residents for weeks has been identified as a skate a relative of the manta ray that lives in the ocean Deming High School biology teacher Mervyn Wertz identified the skate although not sure how it got to the gravel pit He said heard skates are sold as devilfish by souvenir-hawkers in areas of Mexico for about $2 each Students and residents had been stopping at the school to view the skate Wertz said some people believed it was an alien and one guessed it was a mermaid Rescue workers take Sarah Beard 17 to Presbyterian Hospital after she suffered head injuries in an attack Thursday She was in serious conation today UNM student is beaten in apartment BALANCING COUNTY BOOKS Auditor decision expected next week State Auditor Hanoll Adams said decide next week when he will resume an audit of Bernalillo books accountants will be in Albuquerque Tuesday to review corrections that he had asked for last month when he yanked his people off the Job because of $8 million in bookkeeping errors in the books If the books are in order on Tuesday the audit will resume Adams said tlus morning after a brief meeting with several county officials that Beard had one major head wound that was bleeding The driver said the injury was several hours old when they arrived Herrera said Beard was last seen Wednesday afternoon about 1 pm Police have not arrested anyone in connection with the beating Herrera said William Bachmaier a neighbor said Beard has lived at the apartment throughout the fall semester She is a person who pretty much kept to Bachmaier said By CARY TYLER SMnportar A 17-year-old student was in serious condition today alter being attacked in her apartment near the University of New Mexico Albuquerque police say Sarah Beard a non-degree student at UNM was found unconscious with serious head injuries by police around 5:30 pm Thursday APD spokesman Tony Herrera said She was listed in serious condition at Presbyterian Hospital The young woman was discovered when her mother went to her apartment in the 1600 block of Grand Avenue Northeast and knocked on the door but received no response Hie mother told police she heard noises coming from inside the apartment and immediately contacted police Herrera said Police forced way inside and found Beard lying on the floor beaten about the head A city ambulance driver said Thursday HSD defends handling of adoption By EILEEN WELSOME NEWBORN DEATH Deputies search for father Bernalillo County deputies are looking for the father of the baby whose body was found Tuesday in a ditch According to a search warrant filed today in District Court deputies conducted a search at the home of Angela Ruiloba 20 for written documents that might pertain to her pregnancy or identify the father of the infant Ruiloba was arrested Wednesday after a baby girl was found in a South Valley ditch The child had died of head usuries Ruiloba has been charged with an open count of murder and was released to the custody of her parents Her parents said they aware their daughter was pregnant In the warrant officers said they were looking for garments rags bedding and towels may contain human blood fluids or tissue present during human as well as tools used in the birth of a baby and a cutting instrument used to sever an umbilical cord Court documents showed deputies seized a night shirt and a pair of underwear soaking in a washing machine several towels and a plastic bag of trash WHAT HAPPENED? not in the process of trafficking of children As secretary I will resist anything that smacks of anybody using our adoptive system for that Gallegos said Gallegos said McDaniel asked him to intercede on behalf of the Chappelles simply would not do it The process was working according to all the procedures that had been defined for Gallegos said Foster mother Flora Neubert said the child had developed an emotional bond with the other couple called her Neubert said of Mary Chappelle Mary Chappelle had been legal guardian but gave up the role and asked the District Court to place her in their home for adoption A month later FYuman and his wife filed a petition to adopt her On Nov 10 District Judge John Brennan ordered that Tonia remain in her foster home until an outside expert could determine whether her relationship with the Chappelles should be protected The state Supreme Court on Nov 14 overturned preliminary injunction The struggle for possession of the child has taken place anud a growing rift between the Su appropriate placement and totally consistent with what we believe is the right way to finalize the Gallegos said However Kenneth McDaniel the legal guardian told The Albuquerque Tribune earlier in an interview that HSD placed the child without reviewing all the options that were best for her In a court document he also alleged: Hie period allowed for the child to become acquainted with the Frumans was only one week shorter than the normal time period and so short as to cause substantial emotional distress to the Hie department did not attempt placement of the child until learning of the efforts of another couple Mary and Edsal Chappelle to adopt Tonia Hie selection of an appellate Judge in a case in which HSD knew there would be litigation is convenient to be Placement of Tonia began even before the parental rights were terminated even though most children wait months or longer Gallegos brushed off criticism those allegations are trash and he knows Gallegos said preme Court justices and lower court Judges An amendment passed by voters in November that will change the way judges are elected has further strained relations between the judiciary Senior Justice Danny Sosa and Chief Justice Tony Scarborough for example campaigned against the measure Brennan was a nuyor proponent But Sosa said Thursday politics had nothing to do with the decision to issue the order disagree with Brennan on many issues but that mean that I treat him Sosa said Sosa said the high court has only received or adoption requests like the Sosa said the fact that Fruman was an appellate judge had nothing to do with their decision judge is just another person He (FYuman) was just a petitioner before the Sosa said Phyllis Bibeau sister of the foster mother has hand-delivered a letter of protest to each member of toe state Supreme Court as well as Gallegos She has not received any responses 0 The head of the Department of Human Services is defending the handling of the adoption of a child who was seized from her Albuquerque foster home by police and whisked to a top state judge in Santa Fe am satisfied the actions of the department were appropriate and were absolutely consistent with the law regulations and procedures of the Lou Gallegos secretary of HSD said Thursday About three weeks ago four police cars and two social workers armed with an order from the state Supreme Court showed up at the foster home of Tonia Marie Cortez 3 and transported her to Court of Appeals Judge Harvey FYuman Gallegos acknowledged that the Supreme Court order was unusual But he said FYuman received no special treatment from the department fact of the matter is that a good placement an I Did you witness a news event? 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