TERRELL'S SOUNDWORLD PLAYLIST

Sunday, August xx, 2005
KSFR, Santa Fe, N.M.
Now Webcasting
10 p.m. to midnight Sundays Mountain Time
Host: Steve Terrell
OPENING THEME: Let it Out (Let it All Hang Out) by The Hombres
Let Me Take You to the Beach by Frank Zappa
Goin' on Down to the BBQ by Drywall
Garbagehead by Eric "Roscoe' Ambel
Slow Night, So Long by The Kings of Leon
The Wagon by Dinosaur Jr.
Pokin' Around by Mudhoney
Moonraker by Hog Molly

Dog Food by Iggy Pop
Wild Thyme (H) by The Jefferson Airplane
Soul Kitchen by X
Rumble on the Docks by Link Wray
Shady Grove by Quicksilver Messenger Service
Sing Remember Me by James Bilacody & The Cremains
Bumble Bee by The Searchers
The House of the Rising Sun by Frijid Pink

Missed Your Big Chance by Mark Weber & Out of Context
Say I Am (What I Am) by Tommy James & The Shondells
Distant Shore by Robert Cray
Terrorized by Willie King & The Liberators
Government Lied by Otis Taylor
Dope by Stuurbarrd Bakkebaard
El UFO Man by Jonathan Richman

My Baby Joined the Army by Terry Evans
You Are So Beautiful by The Rev. Al Green
The Lion This Time by Van Morrison
Miss Patsy by Richard Thompson
This One's From the Heart by Tom Waits & Crystal Gayle
CLOSING THEME: Over the Rainbow by Jerry Lee Lewis

THE SANTA FE OPRY PLAYLIST

Friday, August 19, 2005
KSFR, Santa Fe, NM
Now Webcasting
10 p.m. to midnight Fridays Mountain Time
Host: Steve Terrell

OPENING THEME: Buckaroo by Buck Owens & The Buckaroos
Back From the Shadows Again by The Firesign Theatre
Diggy Liggy Lo by Doug & Rusty Kershaw
On the Sly by The Waco Brothers
Chaos Streams by Son Volt
Different Drum by Michael Nesmith
Ignorance is the Enemy by Rodney Crowell with Emmylou Harris and John Prine
Whiskey 6 Years Old by Marti Brom
Winter Time Blues by John Hiatt
Violet by Frank Black

Every Morning by Jon Nolan
Trotsky's Blues by Joe West
Meadowlake Street by Ryan Adams
We Sure Make Good Love by George Jones & Loretta Lynn
Railroad Bill by Dave Alvin
Skid Row Joe by Porter Wagoner
Just Because I'm a Woman by Dolly Parton
I Love Nickels and Dimes by Robbie Fulks

VASSAR CLEMENTS TRIBUTE


Dirty Drawers by Vassar Clements with Elvin Bishop
With a Vamp in the Middle by John Hartford
Lonesome Fiddle Blues by The Nitty Gritty Dirt Band with Vassar Clements
Honey Babe Blues by Vassar Clements with Maria Muldaur
Land of the Navajo by Old and In the Way
White Room by Vassar Clements with John Cowan



American Boy by Eleni Mandell
Touch of Evil by Tom Russell with Eliza Gilkyson
Buffalo Skinners by Tim O'Brien
Something Strange is Happening by The Clothesline Revival
Pray For the Boys by Flatt & Scruggs
Sweet Little Bluebird by Grey DeLisle
CLOSING THEME: Comin' Down by The Meat Puppets

Steve Terrell is proud to report to the monthly Freeform American Roots Radio list

OOOOPS!

Sorry, but I've got to unring a bell.

Seems like I've got to unring a bell here.

Turns out that this week's Terrell's Tune-up was held this week because of all the Indian Market stuff. (Sure wish I'd known that was going to happen a couple of Sundays ago when scrambling to get that column written before I left town ...)

Anyway, I've temporarily pulled what was supposed to be this week's column, my reviewing of the new Drywall album Barbecue Baylon. If you read it while it was posted here for 14 hours or so, please forget everything I said ... until next week when I post it again.

For dynamic coverage of Santa Fe Indian Market, read this week's Pasatiempo in Friday's Santa Fe New Mexican. (Speaking of Indian Market, I freelanced a story on tomorrow night's Native Roots & Rhythms concert at Paolo Soleri. Sorry, it's not online. But an old story I did on NR&R in No Depression is here (scroll down).

MORE VACATION PIX

This is the last batch, I promise ...


The Southwest Chief pulls into Lamy, Aug. 9, 2005.
Johnny Cash inspired me to take this train ...

I really thought this was Ozzie until he asked for a tip to have his picture taken.
Fake Ozzie's web site is here.

"Clowns to the left of me/Jokers to the right ..."
(Having fun on Redondo Beach)

Give me that old time (Venice Beach) religion ..

"If I could just get off this L.A. Freeway without gettin' killed or caught .." 

LAURELL'S LISTS

Laurell Reynolds not only was kind enough to substitute for me on my radio shows on KSFR last weekend, she also sent me her playlists.

They're not in my usual format, but who cares? Here's what you heard last week on The Santa Fe Opry and Terrell's Sound World:

The Santa Fe Opry
Friday, August 12, 2005

Buck Owens-Buckaroo
Emmylou Harris-Ain't Livin Long Like This
Tammy Wynette-Your Good Girl's Gonna Go Bad
Gordon Lightfoot-Bossman
Jamie Hartford Band-Who Cut Your Heart Out?
Byrds-100 Years From Now
-Blue Canadian Rockies
Waylon Jennings-Lovin Her Was Easier
-Freedom To Stay

Michael Hurley-Natl Weed Growers Assc.
Holy Modal Rounders-Bound to Lose
-Statesboro Blues
Janette & Joe Carter-Through The Eyes Of An Eagle
Sandy Denny-Tommorrow Is A Long Time
Loretta Lynn & Conway Twitty-Feelins'
Kitty Wells-Making Believe
-It Wasn't God Who Made Honky Tonk Angels
Jeanne Pruett-Satin Sheets
Patsy Montana-I Only Want A Buddy Not A Sweetheart

The Statler Brothers-Flowers On The Wall
Ricky Nelson-Lonesome Town
Everly Brothers-Cryin' In The Rain
Tommy Duncan-Who Drank My Beer?
Lynn Anderson-Rose Garden
Gram Parsons & Emmylou Harris - Love Hurts
Neil Young-Wayward Wind
Dolly Parton-Coat Of Many Colors
Tanya Tucker-Would You Lay With Me (In A Field Of Stone)

Maria McKee-If Love Is A Red Dress
Patsy Cline-Crazy
Cordelia's Dad-Knife
Judy Roderick-Someone To Talk My Troubles To
-Woman Blue
Townes Van Zandt-For The Sake Of The Song
Meat Puppets-Comin Down

Terrell's Sound World
Sunday, August 14, 2005

The Hombres-Let It All Hang Out
Frank Zappa-Take Your Clothes Off When You Dance
-Fountain Of Love
Pink Floyd-Ibiza Bar
Spinal Tap-Listen To The Flower People
Strawberry Alarm Clock-Rainy Day Mushroom Pillow
The Amboy Dukes-Journey To The Center Of Your Mind
Status Quo-Pictures Of Matchstick Men
The Moving Sidewalks-Crimson Witch

The Silver Apples-Oscillations
-Lovefingers
The Monkees-The Porpoise Song
Jethro Tull-A New Day Yesterday
The Byrds-I'll Feel A Whole Lot Better
The Yardbirds-I Ain't Got You
-Got Love If You Want It
Jefferson Airplane-Watch Her Ride
Grateful Dead-China Cat Sunflower

X-White Girl
-Your Phone's Off The Hook
David Bowie-Speed Of Life
Pink Floyd-The Nile Song
-Cymbaline
-Cirus Minor
-Biding My Time

Derek And The Dominos-Why Does Love Got To Be So Sad?
Country Joe And The Fish-Section 43
Crosby, Stills & Nash-Marrakesh Express
Jewel-Pieces Of You
Sinead O'Connor-My Darling Child
The Yardbirds-White Summer
Jerry Lee Lewis-Over The Rainbow

JUDGE GALLEGOS: A BLAST FROM THE PAST

Santa Fe Municipal Judge Fran Gallegos' latest problems with the Judicial Standards Commission made me recall a controversy I wrote about during her first year in office.

Basically her court issued summonses to hundreds of people who had already taken care of traffic tickets, forcing them to go to court a second time and pay additional court and Motor Vehicle Division fees.

Gallegos quietly dropped her pursuit of ancient traffic tickets shortly after my story about it. As you'll read, the city attorney was working on a legal opinion about the matter. I don't remember what that opinion was -- though I've got a pretty good idea what that might have been. I can't find any old story about that opinion.

Although this didn't cause the uproar that Gallegos' subsequent troubles have -- and indeed, it's not as serious as her current charges -- you could argue that it showed a basic lack of knowledge about legal concepts like "double jeopardy" "right to a speedy trial," etc. This early ticket fiasco might be viewed as a precursor to Gallegos' present situation.

Here's the story I wrote way back then:

As published in The Santa Fe New Mexican
Feb. 16, 1997

Because of court glitch, hundreds who thought their tickets were taken care of are receiving summonses

Connie remembers when her 16-year-old son got his first traffic tickets early last year and had to go to Municipal Judge Tom Fiorina's court.

Her son got one ticket for lacking proof of insurance and an other for not having a vehicle registration, violations for which Connie felt she was to blame.

She remembers waiting her turn in court, waiting for arraign ment of new jail inmates and for other cases that came ahead of her son's. Finally, when it was her boy's turn, Connie remembers Fiorina giving her son a mild lecture about taking responsibility to help his mom remember to keep the car's paperwork in order. Then she remembers Fiorina telling her son he would give him a break. As he did for countless others during his 13 years on the bench, Fiorina wrote "dismissed" on the tickets.

And that was that, or so Connie thought.

But in late September of last year, Connie's son received a letter from the state Motor Vehicle Division informing him that his driver's license had been suspended.

He was accused of failing to appear in municipal court. He had been driving on a suspended license for nearly a month with out knowing it.

Connie's son is not alone. He is one of hundreds of Santa Feans who thought they had taken care of their traffic tickets and other misdemeanor violations who are receiving summonses from Municipal Court and notices from the Motor Vehicle Division saying otherwise.

This situation began getting publicity after it happened to a city councilor, Amy Manning, who earlier this month received an order to show cause why she should not be held in contempt of court for allegedly skipping out on a hearing on a 1993 traffic ticket -- something she denies.

Municipal Judge Frances Gallegos, who defeated Fiorina at the polls about two months after Connie's son went to court, says her court computers indicate that some 340,000 citations going back as far as 1988 are "open" cases with no sign that they have ever been resolved.

Every Tuesday the court computer spits out a new pile of summonses to the next batch of people with open cases, Gallegos said. And virtually every day more people come in to endure a second day in court for the same offense they thought they took care of months or years ago.

Gallegos blames the situation on Fiorina, whose problems with record-keeping were well-documented in city audits. Gallegos said the state auditor recently began examining records from the Fiorina era to see whether there are major discrepancies.

However, some say that Gallegos is aware that most of the tickets in question involve people who went through the system in good faith, that she was told that the computer records are unreliable for the years before 1995.

And others, such as Manning, who have received such summonses say that Gallegos is causing needless problems for scores of people by pursuing the issue.

"What makes me mad is that even assuming Fiorina's record keeping wasn't up to snuff, if there was a problem, the court should have notified us that there was a problem, not just send it off to Motor Vehicles," said Connie, who asked that her last name not be used.

Her son like others caught in this trap had to pay a $17 court- cost fee as well as another fee of $25 at Motor Vehicles to get her son's license out of suspension.

Manning -- a political ally of Fiorina's, and Gallegos' harshest critic on the City Council long before Manning received her own summons -- used stronger words.

"I believe this judge is committing a fraud against the people of Santa Fe," Manning said.

But Gallegos insists she is only doing what is legally required of her.

"I can't just go in and close (the cases). I can't forgive all these charges," she said. "That would be amnesty. It's amnesty that got Fiorina in trouble, his `turkeys program.'

She was referring to Fiorina's practice of forgiving parking tickets before Thanksgiving each year in exchange for food donations to charities. In his last year of office he dropped the program after the state Judicial Standards Commission ruled that it was illegal.

City Manager Ron Curry told the City Council on Wednesday that he intends to ask the city attorney to issue a legal opinion on whether the show-cause orders issued by Gallegos are proper.

Earlier in the week City Attorney Mark Basham declined to comment on the situation except to say, "I think these cases would be difficult to prosecute if there's no information in the file."

Manning said she learned last week that her file did not even contain the original citation. "She's sending these summonses on the basis of a computer entry," Manning said. "I would urge anyone in this situation to demand to see their file and see whether their citations are still there."

Gallegos said the fact that an original citation is missing does not affect traffic cases. She also denied that most of the cases in question are missing the citations.

So where are the citations?

Dolores Baca, who worked as records clerk and head administrator during Fiorina's last two years, said all old files were routinely boxed and sent to the city archives.

Joseph Valdez of the city archives says his office keeps non-drunken-driving traffic records for three years, then as per state law has the boxes destroyed. Thus, the archives no longer has any of the files dated before 1994, Valdez said.

Michelle Ryals worked as a records clerk at the court for the last year of Fiorina's tenure and the first six months of Gallegos' administration. She said that when she started working there the court was severely understaffed and records were in a state of disarray.

Both Ryals and Baca said court staffers at that time rarely used the computer to enter dispositions of cases.

"It was a new computer system and there were a tremendous amount of glitches," Ryals said. "The staff was never properly trained on them." Most of the ticket dispositions were made by hand in the paper files, she said.

When Gallegos became judge in March 1996, Ryals said she told Gallegos about the situation. "I brought this up with her many times," Ryals said. "I left a note on the clerk's computer saying this and talked to everyone in the place about it."

Gallegos does not deny that Ryals told her about the reason for the lack of case dispositions showing up on the computer. But the judge insists it is her duty to pursue the opened cases.

Gallegos said about half the people who receive the summons admit that they indeed never showed up in court.

Because of Fiorina's record keeping, she says, she "takes people at their word if they say the charge was dismissed."

But, she still charges the $17 court-cost fee. "That fee is mandatory for all cases," she said.

Asked whether making people pay court fees if their case has already been disposed of constitutes double jeopardy, Gallegos said, "That fee should have been collected the first time they went in."

Is Gallegos justified in forcing people to come back to court for old tickets that likely were disposed of?

Fern Goodman, general counsel to the state Administrative Office of the Courts said, "She's trying to close these cases. It's good she's trying to close cases. She's inherited a big mess. But maybe there's a better way to go about it."

Goodman suggested that the court try to cross check court records with Motor Vehicle Division records.

However, an MVD records clerk last week said traffic cases that are dismissed must be sent to her agency by the courts; dismissed cases are not recorded and are routinely destroyed within days of being received.

At last week's City Council meeting, Councilor Art Sanchez tried to raise the question of whether any statute of limitations would prohibit the court from pursuing years-old traffic charges. Others have raised the question of the "six-month rule," which requires a court to drop charges if a defendant is not prosecuted within six months of the time in which he was charged.

Gallegos said in an interview last week that when failure to appear is the issue, the six-month rule does not apply.

Those who received summonses from Gallegos who were interviewed last week said they never received any previous notice from the court about failure to appear.

Asked about the six-month rule and failure to appear, District Attorney Henry Valdez whose office does not prosecute cases at the municipal level said, "Usually it's incumbent on the prosecutor to prove that the defendant was at fault for not appearing.

"With inadequate records it would be hard to prove a willful failure to appear."

Asked about whether a judge has the right to impose a fine on someone whose case was previously adjudicated, Valdez said, "I think we have something called `double jeopardy.' "