[December 24, 2008]

Fierro, Cop On Phone Frequently: Cell records show the two talked up to 18 times a day

SANTA FE, Dec 24, 2008 (Albuquerque Journal - McClatchy-Tribune Information Services via COMTEX) --
Former State Police Sgt. Alfred Lovato and attorney Carlos William Fierro had contact more than 250 times on the officer's DPSissued cell phone in the month before an early-morning hitand-run that claimed the life of a man outside a Santa Fe nightclub.

Police say Fierro, once recognized as the State Bar's Young Lawyer of the Year, was driving a BMW that hit and killed William Tenorio and then sped away. Police say Fierro had a blood alcohol level of 0.21 percent, and he has been charged with vehicular homicide and leaving the scene.

Lovato, a member of Gov. Bill Richardson's security detail, allegedly was a passenger in the vehicle. He has not been charged but has resigned from the State Police.

Lovato's cell phone bill for the period Oct. 24 through Nov. 23 indicates calls to or from Fierro almost every day -- as many as 18 times a day, at all hours from early morning to late at night.

The Journal obtained the records from the Department of Public Safety this week under a public records request. The Journal confirmed Fierro's number on Lovato's cell phone bill, with a Washington, D.C., area code, using an Internet reverse telephone number lookup service.

DPS spokesma n Peter Olson said Tuesday that he didn't know whether Lovato's numerous calls to Fierro were of a personal or professional nature.

"Obviously, State Police doesn't condone excessive personal usage of cell phones," he said. "But without going through the hundreds of calls, it's hard to determine which ones were business or personal."

The only days the two did not have contact via Lovato's cell phone during the four-week billing period was on Election Day, Nov. 4, the Monday before it and the Wednesday after it, the billing records show.

Lovato's cell phone bill covering the night of the fatal crash on Nov. 26 is not yet available, according to DPS.

Tenorio, 46, of San Felipe Pueblo was struck on Santa Fe's Guadalupe Street about 2 a.m. Police pulled over the car, which left the scene, a short time later.

Fierro, 36, is a politically connected lobbyist and attorney who has worked for both Rep. Tom Udall, D-N.M., and Sen. John McCain, R-Ariz.

According to police statements filed in court, Fierro and Lovato were drinking for several hours at the Rio Chama Steakhouse and WilLee's Blues Club before the fatal incident.

Olson said Lovato did not exceed his state cell phone's calling plan minutes during the October-November billing period. Employees must reimburse the department for overages.

Asked whether there was a potential for a further investigation into Lovato's communications with Fierro, Olson said, "He's already paid a significant price for what happened."

"He's lost his job and career," he said. "That's a big price to pay."
Efforts to reach Fierro's attorneys were unsuccessful. The Fierro phone number listed in Lovato's cell phone bill no longer works.

R ichardson spokesman Gilbert Gallegos said Tuesday that the governor was not conducting any business with Fierro and that the only contact Richardson had with Lovato was through the security detail.

Asked whether the calls made between Lovato and Fierro were made in any official capacity on the governor's behalf, Gallegos said the governor's security officers follow the chain of command through State Police, so any contact was "not a function of the Governor's Office."

One day's calls
An example of the frequency of the cell phone communications between Lovato and Fierro is detailed on the first day of the most recent billing cycle, Oct. 24. On that day, the first contact occurred at 7:29 a.m. when Fierro called Lovato. The last time the two had contact was at 11:57 that evening -- with 14 calls in the interim.

There were 18 phone calls between the two on Oct. 31.
Lovato has not been charged in the hit-and-run, though Santa Fe police continue to investigate. He could face charges for failing to render aid to Tenorio after the hitand-run.

The next billing cycle for Lovato's phone -- which would have included the day of the incident -- ended Tuesday, and the bill has not been issued by Verizon Wireless to DPS.

To see more of the Albuquerque Journal, or to subscribe to the newspaper, go to
http://www.abqjournal.com. Copyright (c) 2008, Albuquerque Journal, N.M.
Distributed by McClatchy-Tribune Information Services. For reprints, email
tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax
to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave.,
Suite 303, Glenview, IL 60025, USA.

[ Back To TMCnet.com's Homepage ]

Discussions: