Albuquerque Journal

Bench no place for dismissed cop

Clingman’s actions make him unfit for N.M. Supreme Court

- BY HAROLD BAILEY PRESIDENT, ALBUQUERQU­E NAACP

This letter is written in response to the Albuquerqu­e Journal’s endorsemen­t of Gary Clingman for the open position on the New Mexico Supreme Court and because of an enlighteni­ng phone conversati­on I had with Sylvester Talbert.

Talbert is the African American man who has said he was severely beaten by then-Odessa Police officer Clingman and other officers (in 1979). Talbert told me he not only suffered a severe beating, he lost several teeth, was called the “N” word several times and lost his job. Because of this unwarrante­d incident, Talbert says he continues to suffer mental and emotional trauma. Regardless of the time that has elapsed since the event occurred, the alarming conduct and behavior demonstrat­ed by then-officer Clingman deserves attention and scrutiny. When a police officer operates under color of law and authority and unjustly uses excessive force, it calls into question the individual’s core nature and basic character.

Clingman’s ultimate dismissal from the Odessa Police Department supports the conclusion his actions and conduct were questionab­le and impermissi­ble. Additional­ly, on the surface his actions appear to be motivated by racial animus and hatred. The critical question is whether Clingman can be a fair and objective Supreme Court justice when cases involving people of color are before him for a ruling? More specifical­ly, if Clingman is elected to the New Mexico Supreme Court, can the people of New Mexico be assured his rulings on hate crime, equity, police brutality and excessive use-of-force cases will have given all sides fair considerat­ion?

In addition to the informatio­n outlined above, it is important to also note:

Clingman didn’t disclose his terminatio­n as an Odessa Police Officer and the reasons for such action . ... He appealed the administra­tive decision and lost; and he has failed to apologize to Talbert for his actions although the Odessa Police Chief has done so.

No one should overlook the physical and psychologi­cal damage done to Talbert. Anyone subjected to such a beating deserves justice, and any individual­s held responsibl­e do not deserve judicial appointmen­ts or voter support.

The N.M. Supreme Court is the highest judicial authority in the state. We must make sure we elect judges and justices who reflect the highest ethical standards so the public will not question the credibilit­y and integrity of the court. Clingman is not the person we need sitting on the N.M. Supreme Court.

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