Judge in Robertson rape case recused

State District Judge Jim Hall on Tuesday recused himself from the case of the alleged ringleader of the football players at Robertson High School in Las Vegas, N.M., who were accused of raping underclassmen with a broomstick last August.

Hall, whose successor will be chosen by the state Supreme Court, was picked last year to hear the case after all of the judges in the Las Vegas-based 4th Judicial District were disqualified or recused themselves.

Billy Blackburn, the defense attorney for Michael Gallegos, asked Hall to recuse himself because of statements he made last month in sentencing two other defendants, Santiago Armijo and Jarek Padilla. Hall reportedly mentioned Padilla's claim that he was only following Gallegos. Hall told Armijo he was "the least culpable" of the defendants, making it appear that everyone else was more culpable, Blackburn said.

Hall "made it perfectly clear that he had no personal bias, and that he believed he could fairly preside over the hearings," Blackburn said. "But the issue was whether or not things that had been said at the sentencing might reasonably lead someone, including the public, to believe that the integrity of the judiciary had been compromised."

PERA prepares for move

The Public Employees Retirement Association will move into its new building on Santa Fe's south side May 28 and 29.

During the move, the PERA offices across from the Capitol will be closed. The new office at 33 Plaza La Prensa opens June 1.

The association's Albuquerque office will remain open during the move and will handle calls. Public employees, retirees and others with questions on those days should call 505-883-4503.

On June 1, PERA will have a new main telephone number: 476-9300; or toll free, 800-342-3422. The fax number will be 476-9401. PERA's post office box address will stay the same: P.O. Box 2123, Santa Fe, NM 87504.

PERA says May retirement checks will be sent May 27 and direct deposited May 29.

Third patient sues Santa Fe doctor

A Santa Fe eye doctor has been sued for the third time this year by a former patient accusing him of medical negligence for allegedly botching cataract surgery.

Ophthalmologist William Cox "has a pattern and practice of performing unnecessary cataract surgeries on his patients," says a complaint on behalf of Joan "Barbara" Harvey of Santa Fe. "He also has an exceptionally large complication rate."

According to the complaint filed May 13 in state District Court by lawyer Paul Mannick of Santa Fe, Cox told Harvey in February 2007 that she needed cataract surgery on both eyes, even though Harvey's cataracts "did not interfere with her daily activities like reading and driving."

Cox "miscalculated the lens power for Ms. Harvey's intra-ocular lens," "failed to remove lens material and vitreous from the anterior chamber of Ms. Harvey's eye and damaged her iris" and denied there were complications when Harvey complained of extreme pain and poor vision following the surgery, the complaint says.

Cox was not available for comment on Harvey's lawsuit or similar complaints brought by Tillie Rodriguez on April 30 and by Dell Wilkinson on March 3.

Mirabal to perform, give reading

Taos Pueblo flutist Robert Mirabal will perform and read from his new book, Running Along in Photographs, at Clear Light Book Gallery, 851 W. San Mateo Road, at 6 p.m. Thursday. There is no admission charge.

Mirabal, 42, known for his performances that include tribal songs, dance and storytelling, won a Grammy Award last year for Best Native American Album of the Year.

Gallery co-owner Marcia Keegan, who is distributing the book published by Red Willow Press of Taos, said Thursday's event is part of her husband Harmon Houghton's effort to make the bookstore "a place for authors to have their moment."

She described Mirabal's book as a roman à clef about Taos Pueblo, using his female alter ego as the tale's heroine. "Because he writes his own music, he felt this was an extension of his creativity," she said. "With a song, he has to sort of have it rhyme. He didn't have to do that with a book, so he was able to take poetic license in many ways that he can't do when he writes a song."

No catfish stocked in Bataan Lake

CARLSBAD — The state Game and Fish Department says it won't stock Bataan Lake with channel catfish this summer to protect the public from possible consumption of contaminated fish.

State environment officials have issued an advisory that catfish longer than 14 inches shouldn't be eaten because large fish in the lake were found to be contaminated with PCBs, or polychlorinated biphenyls.

Channel catfish stocked as part of Game and Fish's "Big Cats" program are 17 inches or larger.

Game and Fish says the stocked fish would not contain PCBs, but anglers wouldn't be able to tell the difference and might eat a fish that had been in the lake longer.

The catfish scheduled to be stocked in Bataan will be stocked in other lakes that participate in the "Big Cats" program.

Man sentenced for manslaughter

GALLUP — A man accused of involuntary manslaughter in the death of another man last fall in Gallup has been sentenced to 18 months in prison.

Emerson Smith was sentenced Monday after state District Judge Grant Foutz heard from his family and that of the victim, 33-year-old Bronson Smith, whose body was found in a drainage structure last October in Gallup.

An autopsy found that Bronson Smith suffered blunt trauma but died of exposure-related causes rather than from his injuries.

Authorities have said the two men had an argument, which led to Bronson Smith later collapsing.

Bronson Smith was one of several people charged in a case involving allegations of misuse of nearly $400,000 in Medicaid travel funds at Gallup's Office of Human Services.

Bingaman introduces obesity bill

ALBUQUERQUE — U.S. Sen. Jeff Bingaman has reintroduced legislation aimed at fighting obesity, particularly among children and adolescents.

The New Mexico Democrat says obesity is a costly problem for the United States in terms of health care expenditures and the loss of life.

His bill would develop a national strategy to organize the country's effort to combat childhood and adult obesity by encouraging federal agencies, private entities and communities to work together.

The bill also would improve access for Medicare and Medicaid beneficiaries to nutritional counseling and physical-education programs.

Federal health officials say two thirds of adults and nearly one third of children are considered either overweight or obese.

Idaho dairy firm to open in N.M. facility

PORTALES — An Idaho company that installs automated milking systems and provides services to the dairy industry is opening its first facility in the Southwest in Eastern New Mexico.

Automated Dairy Systems Inc. president Jerry Higley says the firm has been eyeing Portales for a while, and decided it was time to get established in the area.

The Jerome, Idaho, company designs, installs and services several types of automated milking systems for Western dairies and provides specialized milking system and animal hygiene maintenance.

Roosevelt County is home to 40 large dairies.

The Portales location will handle Eastern New Mexico and West Texas, an area that in recent years has grown into one of the largest milk and dairy-product producers in the nation.

Xcel deal means lower rate hike

HOBBS — Xcel Energy plans to file a settlement with state regulators Wednesday that will include a smaller increase in electric rates than it sought when it filed for higher rates in December.

Xcel and the state Public Regulatory Commission held a hearing Monday in Hobbs to discuss the proposed rate increase. Xcel spokesman Wes Reeves said the settlement will be for "much less" than the 6.2 percent proposed in December.

Xcel's director of regulatory affairs, Gary Lakey, says the rate hike is needed to pay about $7.6 million a year in capacity charges for buying electricity from Lea Power Partners' plant near Hobbs and because of increases in operating expenses, nonfuel purchases and the cost of meeting national renewable energy standards.

Few takers for free low-energy bulbs

FARMINGTON — Farmington has a program to give free energy-efficient light bulbs to low-income residents to help them save on their electric bills — but the project has had few takers.

The city spent $45,000 on the project, but as of Monday, 19 households out of 415 that are eligible are participating.

The program gives out 10 compact fluorescent light bulbs to low-income people.

Electric utility officials say people can save about $139 a year by using compact fluorescent light bulbs instead of incandescents.

The utility's director, Maude Grantham-Richards, says the agency isn't having much success with the program, but one councilman suggests the agency needs to do a better job of communicating with customers.

Navajo chapter gets stimulus funds

RAMAH — Northwestern New Mexico's Ramah Navajo Chapter is the first tribe in the nation to receive economic stimulus money for road repair.

U.S. Transportation Secretary Ray LaHood said Tuesday that the tribe will receive more than $644,000 from the Federal Highway Administration to help resurface nearly 10 miles of Ramah Navajo Route 25, known as Veterans Highway.

The federal agency says the chapter signed an Indian Reservation Roads agreement in 2006, allowing it to work directly with the Federal Highway Administration instead of contracting with the Bureau of Indian Affairs. It was among the first four tribes in the nation to sign such an agreement.

Federally recognized tribes can receive funds based on a project's estimated cost, the volume of traffic on the route and tribal population.

Hearing set for boy in shooting plot

CORTEZ, Colo. — A preliminary hearing is scheduled later this week for a former Dove Creek High School student accused of plotting to kill the principal and shoot up the school.

The 16-year-old boy is expected to appear in juvenile court in Cortez at 11 a.m. Friday. He's being held at a juvenile detention facility in Durango.

The teen, along with 19-year-old Cody Barr, both of Dove Creek, were arrested April 6 at a mobile home east of Bloomfield on suspicion of burglary and theft.

Authorities said the school threat was credible because firearms had been stolen during an April 4 burglary.

Barr is jailed on $25,000 bond. He's due in court June 18.