ISPAC EDITORIAL: Sen. O’Neill’s Focus is on the Wrong Conduct
January 25, 2013
New Mexico State Senator Bill O’Neill missed the real problem. O’Neill told the media that he introduced a bill to turn New Mexico into a two-party consent state when it comes to recording conversations because he would feel “violated” if a conversation he participated in was recorded without his consent. New Mexico along with the majority of states allows for one-party consent to record a conversation.
O’Neill’s focus on the act of recording is misguided. Instead O’Neill’s focus should be about prohibiting high-ranking officials from using their political connections to interfere with legal proceedings. O’Neill cites Brian Powell’s recording of Keith Gardner, Susana Martinez’s chief of staff as the reason for introducing his bill.
Powell’s reason for recording Gardner trumps O’Neill’s sense of violation. It was Powell’s family that was violated by Gardner’s actions. Powell put it succinctly, “I recorded this conversation because I had reason to believe Mr. Gardner might be motivated to prevent crucial testimony by a witness at an upcoming preliminary hearing. The preliminary hearing involved my daughter as the victim of sexual abuse, and a critical witness had suddenly expressed reluctance to testify.”
Instead of re-victimizing the Powell family, O’Neill should make it clear that powerful people conspiring to prevent justice is the real problem. O’Neill should drop his bill. He should then introduce a bill that holds public officials who abuse their authority by interfering in legal proceedings accountable. That is truly worthy of Senator O’Neill’s time and attention.
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January 25, 2013
New Mexico State Senator Bill O’Neill missed the real problem. O’Neill told the media that he introduced a bill to turn New Mexico into a two-party consent state when it comes to recording conversations because he would feel “violated” if a conversation he participated in was recorded without his consent. New Mexico along with the majority of states allows for one-party consent to record a conversation.
O’Neill’s focus on the act of recording is misguided. Instead O’Neill’s focus should be about prohibiting high-ranking officials from using their political connections to interfere with legal proceedings. O’Neill cites Brian Powell’s recording of Keith Gardner, Susana Martinez’s chief of staff as the reason for introducing his bill.
Powell’s reason for recording Gardner trumps O’Neill’s sense of violation. It was Powell’s family that was violated by Gardner’s actions. Powell put it succinctly, “I recorded this conversation because I had reason to believe Mr. Gardner might be motivated to prevent crucial testimony by a witness at an upcoming preliminary hearing. The preliminary hearing involved my daughter as the victim of sexual abuse, and a critical witness had suddenly expressed reluctance to testify.”
Instead of re-victimizing the Powell family, O’Neill should make it clear that powerful people conspiring to prevent justice is the real problem. O’Neill should drop his bill. He should then introduce a bill that holds public officials who abuse their authority by interfering in legal proceedings accountable. That is truly worthy of Senator O’Neill’s time and attention.
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