7TH JUDICIAL DISTRICT COURT

SIERRA COUNTY NM
FILED IN MY OFFICE
1Ol412016 8:00:48 AM
MARY MORA
DISTRICT COURT CLFRK

/s/ Lindsey Huston 11l4l2Affi

itfExIco

STAEE oF,NEW
SEIENTE{ JUT}ICNAI, EXSTR}CT COT.ffi T
COI']NTY OF SIEB.RA
lo{o:

N*:

}-721-CY-?016-S0S4{}

Judge: The Elouorahle Kel'in R. Swe:rrea

E{. R. .4NB C.

R.

individualty and asllflrent next friemd

&T.A.R.

of

)
)

.)

Ptaifltiffs,

)
)

YS,

,
)

-{PFLET}IEE EOU.CATI.ONAL C'ENTER, }

EAYS & GIRLS CLUE OF f;IEB,B.A COUN]]Y, }
H.EtsECC.A IIOW and AMEtr XA l4ryLCOX )
)
Defendants.

EESFGfiSE TO T}EF'EN&AXT?SI ]VIOTISN FGR PROFECTTYE OBDillt

COMES NOW the Plaintiftt by and through their attorney, Mark A, Filasa, and tbr their
fiesponse to Defentlants' Mationfor Protective Order to Prohibit Release of Discavery Docamenls

would state:

1.

Defenrlants seek protection fium this Court from public disslssure ollr,naterials they
har.e provided to Piaintiffs

2.

tlrough discov'ery.

Plakltifls asked Defendants for tllis preliminary informaiion u'hen Piainti ffs were told
that thelr chiid had been rnolestecl by De{bndan{*? empioy'ee"

3.

Piaintiffs sougirt rhis information so rhat they could detennine w'hat entity empto;red
the perBetrator and what eulity.. \\?s r*Spol]sible tbr providing relief f,:t Plaintiffs to

In actualiqr, the PlaintifTs werc nat told abaut the attack r.urtil tr,vo .rnpnths later,

be able to care for their c.trriid,

A

+.

This infomration rv*s also sought because clearly unde{ the doctrine of Respondeat
Superior. Detsndants are rspsnsihle for the actions

uf their

ernployee, who

adrnirtedly molesterl and sexually attackcrl Plainii-ffs' child. Thus, the materials
were clearly discoverable.

There was no queslion that tirne r.las of the esseflce in lhis matter flor the chiid and

the family to obtain treatment. The Plainriffs sought this inf,ornnation in such an

immediate fashion because they 6s*6*d to know what iusurance compafly was
responsible for paying for the torts of all the Defendants.
6.

Defbnclanis first on their own, and then thrcugh couusei- resisteetr turning over such
intlorr,rration. This required Plainriffs to file:aR action, asking for pr.etrial discovery.
IJefendanls liave aggressively resisied such

cJiscl osur.e.

Due to the non.coopeiative nature of the Defendants, Plainriffs

Lrad to

tile a petition

to obtain such materials on lvlay 19, 2016.

s.

The Court hetrd a hearing &nd, orie? ttre ob.iections of three ol'the.:Def*ndants,
including Defendant Rebecca Dow, required the disclosure of some rnatcrials
PlaintifTs sought.

9,

Despite Dtfeudants' suggestion that the Court did not intend the inform-ation to be
released,

in Exhibit B to Defendants' h{otiou,

Page 7

@ 1Z:ZZ:21p.m., the C.ourt

indicated that the Flaintiff should be entitled to obrain facts prior to filing thc suit.
IO,

The Court did not indicate tirat no clisclosrue coul,l be made ar to this matcrial. Norv

that it has been released, there is no Rule

basis to name other parties (whicli

as

iloted rn:as Plaintitfs' major conceur*), ho*,ever, the ilisclosure indicateil that
Defen+lants hadbeen misleatiing the Plaintiffs througliaut thisrnatte.r. indicatirg that
they just found oirt about the perpetrator's propensity in July 2CI15.
11.

In addition, since the hearing on Jrily 13, 2016, Defendant Rebecca Dow has been on
an unabated

publicity can:paigr to protect herself and to damage PlaintifTs' case,

as

w'ilI be Shown in this Response trelow. She canntt he heard to ask fol assistanee
regarding a probiem she created.
12.

None of rhe items producecl rvas subject of a Protective Order- and an argrunent
regardi"ng non-disclosure and flan-refarcnc,e to them in pleading iva$ never hrnught
up at the hearing, ancl such an argument surely wnuld have been rejected. Further.
as noted

in Footnote No. 2 befow, Deiisndants did not seek a Protective Order prior

to the Conrplaint being filed, and as the parties wili concede the undersigned gave
th,atopportunitytoDefendants' courselpriorto fiiingthe Cornplaint, If Defendanls'
algument is Qotrect, then no plearJirrgs coulci ever be arnended after disrlosure of
discovery mal.erials.
13.

Citing no authodty, Defendants argue that the Plaintjf?s carlnot use this infomration
to file additionai torts and causes of action against the Defendants. This is cleariy

not supported by tlre la,,v.

i4_

As to thc Court's comments included on the top of page 4 of Del'bndants' Motion

indicating the issue of additional facts, this r.vas aimed at counsel limiting lrjs
questions at a deposition, Furlher, tl:e lJefendants had provided only a fi'acrion
w'hat the

of

Plaiutiff sought to be released- Further based upon the materials produced.

and the c$nstart outleach 10 the

press

b5,

Defbndants, Flainrif?..s had no choice,

but to

file suitim:*ediateiy,
15.

There is no basis

f*r

the

cew

to issue a Protective orde.r. All

the rnaterialis

discoverable, and thus is public.

As noted, prainiiffs do not H,.ant to

try this oaserin the press, but Defendants
have
started tlratpracess signiticantly
before thematerials rvere everdisclssed,
affl franJ*y
rletenda,ts (not clefense counsel) directecl
by p.iiticar anrbition have
constantiy been

1t].

taikitg to the press axd said eoF"r$u*icatio,s

have misied trle

pr:ess

a,il the pilblic

as

established by the prcrduction of

these rnaterials; r.yhich the Del'endants
now want

kept frorn the public.

1,7

The materisls estabrish lrrat Defeadaats

knew of trreir emproyee,s actions,
the
pe{petrator's propensity to deal
with chikiren inaprpropriately as to
sexna} matrers,
ancl his incredibre

R all of

craims'n his ernprol,rnent appricarion priorto

the attack on M. A.

r+'hi{rh sheuld have caused Delbfidanrs

to keep trre peq:e.trator away I}om

children' The discoverable material proviug

this propos.ition, whicir Detbndants
nolv
wa*t to suppress from the publio,
inorndes but is no*imited to:

a'

The Defendants' emp-loyee' aerowr'

Elan, had ir:appropriateiy questioned
at

least 6ne teenage girl about having

sex (in ta+t reftrring to it as
intercuurse)

with her boyfriend. Tl:is

CIccurretJ on Defendantsr

property during business

hours on March I'g,20r 5. morc

than tn-o nronthsbefore theperpetrator:s
first
a,ttack on the nrinor chird,:and

b'

icur manlhs before the second

attack.

Defendants tlnally ifivestigated

the ntauer, i+,hich resulted ir:
a nrere radtten

lt'arning that'rvas put ilr tlie perpetrat*r's emplo],ee file on April 2, ?015.

'fhe Defbnd*ats' tile indicates that the perpetrator was required to attend a
lraun:a infornred trainihg as

a conseqpence

according 1o Deferrdants" records n0ue

d.

of ihe pelpetrator's behavior,:btrt

ra,ras

deenred to have occured.

Despite tiris incident, the perpetrator was not lerminated try the Defendants.

Although there ivas no question that said incident occurred, Deflendants

continued to put the perpetrato.r'ia eoutaet with pubescent and pre- p,ubescent

children,
Eighteen days later on April 20,

21)

I 5, ttre perpetrator

t\us inrerviewed for the

position ol' Progranr Directol',

Tlree intenriewers were present iurluding Defsndant Rebecca Don.

h,

At

least two

of the interviewers indicared significant concms in

their:

evalnations about the perpetrator as referenced in the materials protluced

pursuant to the Court Order uoted as Bates Nunbered g4 through 108, :
T'he perpetrator received positive comments,

frttm onty one of the

three

interviewers who upon infbrnration helief was Delendant Rebccca IJow as

2 As indicated in the Cornplaiut filecl

on Septernber 22,2fi1(),r,rrxvhere in the September.
13, 20]6 order is it indicated that materials are subject of a Protective Order, Defendants'
*outrsel Theresa Partish raildlf intimated ta Ptaintitlt' counsei on Septernber i 6- 2t]16 that she
might be of the opinion that the discavery mate{ial could be subject ot'a Protes,tive Order
(although these exact rvords were not indicated b-,* coursel). 'l'he undersigned invited Ms. Pamish
to tile a rcquest for a Frotective Order betbre he filed the Complaint. No such h{otion was tiled.
Thus, the Plaintiffs filed their complaint, but did not attach the rnaterials, w'hich Defe-r:dants now
lvish tsr suppress frosr the public. This non-disclosur-e ficm the Complain-t was done based cnly
upon the undersipted's great respect for IVIs, Parrish and in order to give counsel tor Rebeeca
Dr:r,r time tr: tllc this lV{otion. Thus, in an abundsurce of caution, rhe undersigned is oniy,referring
to Lhe Bates numbered documents rather than attaching therrr to tl:is Responsl,

ref.erenced

in the materials produced pursuant to the Court Order, aad are

notrd as tsatsl{'umbered 94 - 96 and 106 - i08. r

,i

J.

Liporr information belief; Defendant ReireccaDorar wanted the peroetrator:to

receive the promotion and in fact, Defendant Rebecca Dor,v's narnern'as listed

on the perpetrator's emergency contact information on his application anrl

employment form when he was first hirecl, as ret-erenced in the materials
produced prusuarit to the court order and noted as Bates Nurnbered 52.
1_

1(.

In his original applicationand other such docnments for his .fir'st job rvith the

Defendants- tire perpetrator listed as his residence on his application i603

Broadway, Truth or consequences, Nerv Mexico" This is the residence where
he raus appzu'ently living prior to being hired by Defendants, and is owned by

Defendaiits. In other lvurds, upon information ancl belief, the fact that
Defendan,tsprovided housrng to the perpetletor u.'as a rnajor faotor in iriring

him. and tlte other obvious sulisequent red flags

r,vere ignored-

Tlhe perpelrator indicated he was inforrned about the

Rebecca Dow on his application for his flrrst

job from

Deiiendant

job with the tlefendants.

as

ref,erenceri ur the rnatefials- produced pursuailt to the:Couri Order which are

noted as Bates Nurn"bered

1I.1.

Even though the perpetrutor held no degree,

teacher.

'

i0,

a.s

1re

was referred to and paid as a

ret*renceci in the materials produeed pursuaflt to the Court Order

W'hile the two interviervers w,ho had doubts about the Ferperrat$r.used a numeric
scoring scheme, the third interviewer only provided comments (albeit positir,.e ones) and
indicateri no numeric scores.

and nated.:as Bales Num-n-ered 46, and 48.

11.

In the discovery- materiais, the perpetrator's signature is inciicated on sel,eral

docurnents, brit the signature is never dated, notw.itlrstanding the fact that
there is a i'ine for a date, as referenced in the maleriais produced pursua:1t to
the Ci:urt Order and noted as Bates Numbered 10. I

l,

13,

1{1. 19,

?9, Zg, 33,

4t,42,43,44,and 51).

D,

Despite all of these "red flags,n'Defendants allolved the perpeuatar to solely

be in charge of an overnight "lock-dowfi" eyenl with children where the

attack upon Flaintiffs' child took place in May 20.I5,
18.

While Defendants ,'vant to preclEde this infonnation from bec-oming public, it would
appeal' that Defendant Rebecca Dorv is estopped

liom taking this position,

she has verY astr.lteiy and cunningly o'usedro the press to defend lhis case

becarrse
anc,l

her

candidacy in order to protect her politicat brand and run ftrr office. all of which
adversely afi'ects the Plaintiffs and their

claims. In essence,

Defendant Rebecca

Dow has conducted an un-checked and less than acrurate public relations canrpaigrr,
and now wants the documentarl'evidence, rvhich tells tlre true atrrl comglete story,

kept frorn the public.

Of course, these proactir.e measures rt'exe taken by Defendant Rebeeca Dorv before
this Request fcr a Protective Order. Tn'us, now that Rebecca Dow has provided the
press her side of the stoqSi. she wants to suppress the reai evidence frurn the. pg.blic"
These efforts incJude, but are not limiteci to,

to the press:

th* follou,,iug outreacla

h3: Defendants

Ariicle appearing in the Silv,er City Sun

Ner.*rs, endtle

d Allegatian Ag*iast

Dow, {landitlatefar NM Hou-re , Pyo,*en False, which is attachecl hereto antj

iderrtified

as

Exhfbit A, It is imparlant

to note how Defendant Rebrcoa Do,uv

ltas unilateralltr, u11u*OOd tr: use the press in this regard, since she spoke to
the reporter, and Flaintiffs did

not. It appears that

Defend4nt Rebecca Dor,v

inappropriately convincecl the 'l'ruth or Consequences Police Clhief to vouch

for her by wronglf inclicating that Rebecca Dow did no

she did a backgrr:und

check. obviously

\,r,rong

just hecause

the Chief was nor tolct about the

earlier incident. There is no allegation in tl:e Complaint filed on September

22, 2016, {hat the rninimai backgrorurd check

b.

R,as

not conducted.

,drticle appeartng in the Albuquerque Journal dated Septembsr ??, 2016

entitlerl {landidate

lar Legislart*e

Nawred

in

Lawstrit,

h1i

Parettts otexually

Ahused Br:y, which is attached hereto and id.entified as Exhibit

agam; onlyRebecca Dowis quoted in ihis article saying,

"In

o,ur

E.

Once

facilities, we

go to great lengths io ensure the safety of our students, including backgrnund

checks." This is a rnisleading quote in that it is nor whar the allegations

against her are about. and Detbndant Rebecca Dow knorr that.

Upcn informarion and belief; Defei'rdant Jlebecca Dr:w had KOB-TV con:e

to sierra cCIunty to interr,'iew hel for a nervs'report, e copy of the transcr\:t

is artaeherj hereta and identified as Exhibit

C.

AmazinglSl in this artir:le

a In fainr*ss to the Albuquerqae

Journal, the undersigned was asked for an intervielv hut
he cleslined.

Dofr-r:daqt i{ebecca Dow inappropriate}y had a child talk to the ner,rs repcrter

on Detrbndant,Dow's behalf, *-iro *:rongfuliy claimed that hrr name wa$

mentioued in the Complaint,

Article

appeari.ng

in the Sierra County Sentin,etr on Septoatber 30, 2016,

entitlcdPar tisan W'ebsite Is Tragic Case

antl identiJied as Exhibit

to

AttttckCandidale, attached hereto

D. 'lhis is another arJicle in rvhich onllr Rebecca

Dow is intervieted. This arricle contains significant errors of fact and is

indicative of the reporter no{ properly doing her jot: by not lully investigating
the matter, anci reporting ineompletely. These effors indicate, but are not

limited to, the faet thatthey rrferences an unfiled lawsuit- rvhich in affualiiy
lrad been filed on Septembet 22.2A16......., eiglrt days hefirre the sto{y.
Fiirfher, the reporter wrongly concluded^that the lawsuit was aboutfailing to
do a backpgound check. As inclicated. a sirnple review af the lair,:suit would

indicate thele are several alisgations against the De endants, none of which

invnive a failure to do

a background uheck.

In thi.s r*gard, the reporter for KOB <li.d contact the undersigned's office askilg- f,or an
inten'iew. but the undersigned dirl not believe that it would be appropriate to disouss this:rmtter
as frankly, he uas trying to protect his clients and the Defendants in this matter ftom rrndue
pretrial publicity" Llnfortunately, Delbndant Rebecca Dorv took advantage of the undersignedis
rehrctance to talk to 1he press? and again she received unitateral cov,rage.
6 It is not lost on the community ant{ the Plaintiffs
that the pubtrisher of the .\ierra Caunty
Sentinel is an elec,ted public official and a political alll' of Defendant llebeqca Dow. The
undersigned, whn is a fcrmel. jilrnalist, holder of aBachelorr Degree in Joumalism, aild former
wtiter for severai national nragazines before he went to }arv school, qrderstands the significant
potentiai for csnfiict of interest when a joumalist becornes an elected official. and is active in
politics. l'he undelsigned also Imorvs that political allegiance io a parfliuu]ar candid.ate r,vill not
allorry a protessional joumalist to overtri:ok facts aad fair,iy repcrt m&tters,, 'Ihere is no doubt in

?I)

This is just tire lalest in an effor1 of Defendant Rebecca Dow not piayiag by the

rules. The record r+ill indicate that the

CorLrt alerted counsel that Rebecca Dow had

atte.mpted to talk to the Court about this case

21,

in

ai1

ex

parte {'hshioo.

Purlher, in apparent conternpiation of this Motion being titred and the possibility that
she

rray be silenced, Defendant Rebecca Dow sent out one last political shot to the

cornrnunitl, by sending the attached flyer to registered voters:in a mass rnailing last

week. a cop]- of which is attached hereto and identified as Exhibit

t11picra1ly been the rase, Defendzurt

E. As has

lifts a quote frorn U.S. Congressmen Steve Pearce

before a pleading vvas {iled indicatir:g he rvas not told tlre enrire story about flris

lawsuit and Defendant Rebecc.a I)orv's culpabilitv, a quote front Sierra County

the undersignedls mind that a retraction wili be,forthoeming or at least the story rlt,llb* clarified,
and this matter rviti be fairly repartecl in the future as a c.ontinued service to the connrnrurity
consistent with a.fournalist's adherence to tl.reir Professional Code of Ethics.

fact. as is typically- the case when a party iir the lawsuit, like Rebecca Do'iv, tries to suppress
evidence korn the public, the rnedia oftel files an intervention in the lawsuit ta insist that Courls
allow parties to keep information trom the publis, see Jahn Does I through IIt v, Rom*rt, Catholic
Church aJ-the Archdiocese oJ'Santa Fe, Inc., ,Iason E. Sigler A/Ma Jay B. Sigter, Bishop A.rtltur
Tafayt* and Clarence Galli., Defendunts, and the Alhuquerque,Iourn*i, Inc., the New tr{exico
Tribu,ne Contpany, and KOB-T|,', lnt.,l996-NMCA-094, 122I'I.M. 3A7,924P.2d2:13.
The Plainti{fs lvelconre such an intervention on behalf'of the Fourttrr Estate since afler all, the
Defsndnnts are atempting to keep the public frorn knowing rvhat is occun"ing rvhich is conlrary
to the Iiederal and State Constitutions, a1ld in eomplete oppasition to the concept of a free and
unfettered press, who is the "lvatchdogl' for the interests of the people as to w'rongful public and
political utong-doing.
trn

7 The Cotirt proffiptly advised

camsel af this in+ppropriate aation on trehalf of Defenrlant
Rebeci:a lJorv and ofi'bred to recuse. Both partics declined said invitation.
10

Sheriff Glenn Hamiltoo $'rryho say's all of lalv enfareement is sugpcrtiug her, ancl a
testimoniai fiom a fo+rrer judge.

1)

The-

Defnndailh caqnot be hearcl to r*ant to suppress information florn the public

when jt is the Defendanrs themselves that have created such a publicity stir in this
regard, u,hich lra.s been dBne to bene.tit one of the Defendants Rebecea Dew's
eandidacy and. political fulure, and further trying tu taint the jury pcrol
expense of FlainlitTs. It is plainly not fair to tlre Plaintiffr.vh+

*as

all at the

rles'ired to clealse

the 1&ell radrich Defendant Rebecca Dow has contaminatecl.

23,

The unthirness aqdhypocrisy of this atternpted suppression of e,videnee produced by

the Defendant Reirecca Dow herself through law{Il discovery and litigation
disclosure vvhile the Plaintilf-fanrily is told not to share or talk which ivould refute

all of Dafendanls' claims that she knewnothing of hcr ernployee's proclivities can be
summed up in her latest post on her Campaign Faeebook, see Exfuibit F attached
I'rereto:
r
L+-

"1

Thus, ra'hile a humble famiiy sul't'ers and a child. is scan'ed for iife

dr.re

to Det'enlzurt

Rebecta Dtwls aetions. she does not say one soorhing orkind nolcl acknowledging
the family's plight, but she der.otes an entir:e post indicating tirat it is reall.v her that

B' lt is obvi.ous

that SheritTHarnilton was Eor told aboirt the incidents betbre the lviay
?ill5 attack. As is the ease with the joumalism professioo, SheriflHamilton is a meurber of an
honorable professiun and rp'ill srreil, retrac{ his:campaign statement,

In addition, thils flyer cantains a quote froin retired Sier::a County Prob$teJLrdge Bill
Robinson. t'his yrsl another exarmple of Defendant Rehecca using poiitical maneuvers hefare
asking her opponeflts:to be silen{:ed and the facts being suppr*ssert. judge Robinson is an
honorableraan, anrl is weitr knowrr to- the p4{e6igned.. Like manl,cthers, he was duped b:y not
being told of t]re entire st*ry prior to making his te*tirnanial ior Defendant Rebeoca Dow.
11

. has been hanted. and treated unfairly. She then has the audacity to iuyoke the Deitl
and the Go*d Book to support her actions and dismiss the

victirns' ciainrs. As iilthat

is not enough, after invoking the Ahnighfi; she asks tiris Corirt to further protect her
fronr the diselosure ofthis mattriaX, which *ttsr all. is accurafe and indicative ol\+.hat
.happened in this case. 'o
?5

tre

ssun we learned from

Elmer Gantrl. rvas that

responsiLrility for

sigul pedophile priests,

b-l

ing to use God to

Jinrnr-v Srvaggert, and the nrl4hical

co1,er-up

our short.comings

and

problem we caused nevet norks and ahays catches up with yr>u

sooner or iater. Obviousl)'. tbr Defendant legislative hopeful Dow, she is bard<ing
on

76,

it being

later.

There is no basis in law

t--*r

Defendantsi h{otion, anci

it should

be denied.

Wherefore, Plaintiff prays that relief be granted consistent with this Response.

Attorncy for Flalntiffs

Post Oflice Erawe"r 39l
Truth ol. Causequenees, NM 879U1
t575) 894-757S F"A,Xr (5?5)S94-7570

ru Cr if she wa: honest, she r+'ould

be saying "Ju<lg-e, at least make thern keep it quiet
until after the election."

t^
I

-1-

CERT'IFICA,TE OT MATL{NG

I hereby celti$,. that a true and corect ecpy of the fbregoing Response ta to Detendant's
frIttionfor Fyoleetfue firder. was +.mailed to Teresa Paxish, Attomey i'or Applekee Educati*rrai
eeirtrr:,Rebeccaf)orv, and Amelia'Wilcox at?Prlrrith@rodey.cour and Ciea Guttetson, Attoraey
ftr tsoys & Cir'trs Club of Siena Llounl)'at

IJ

AJlegatiorr against Dou'. canriicJate for NLI House, pror.en lblse

Page

i oi2

Atlegatiom #Saiffist ffi&w, samdidate for ruM E{ouse, pr#veyr

false
By Robert fiattzalx,

illr

rlre

Sun-Nerys

,!:

jg

p.,l,t.

MD I' Sefncfihtr ?2, )b I6

$lLVEfi CITY

On Sept. 13, an article pubtisherl by a fundrarsing website .PlQgtriqlSUlrn.qg

{hiipii.trrgorgs$Lownrn"qq} began making the rounds cn social media.

The article made an altegation about Rebecca Dow. R-HD-38 and founder of the AppleTree Edr.rcaiicnal Center
and Bols and Girls CIub in Truth or Con$equences. She is also the Policy Chair of lr,iew Mexico Childcare and

Education Asso+iaiion.
The article made a claim ihet AlEjefldro Hernandee was hued wiillolrt a background check at the Boys and
Girls Club. He wes later cgnvicted on charges of child molesiation and is serving.a six-year prison sentence.
The incident occurred a year and a haff ago at the Boys and Girls Ciub in Truth or Consequences:
The article said that Dow did not coflduct a stancard background check and oniy inquirec ahcui his "Chrislian
faiilr;" thus ailowing chi{dren to be lefi in rhe charge of a predator.

rFhoto. courfe$y Pho,oJ

''The required bdckground checks were pe#ernted and the individual }vas cleared {or employment,by CYFD (Chitdren Youth and Farnilies Oeparirnent),"
Dow said.

that all of the Boys end Eiris

Clufu^

employees received a background check. This is pari of the CYFD licensing requirement tl-:at is instituted at the Bsy$

and Giris Ciub to workwith chiidren,

Truth or Consequences Chief of Poiice l-ee ,Aliree lo{d the Sun.News thai his deptsnrfieilt is also invlved in oerfoirning background checks. He said
thai everyr prEsDective efi]ployee for hoth App.leTree and the Trulh or Consequences Boys and Giris Clr.:b, jncluding Hernandez. rnust
lo Tr-uth or

!o

Consequences Polic Department to be tingerFrifltd as parl of the background check packet, The fingerpflnts are,sent off to the Federsl Bureau of
lnvestigarion l0 be entered into their database. TCPD keeps records of thjs pr.gcess"

h;tp:/,iv,*+w.sssiln-rler i5.com/ster,vinre$rs/politics,ts16r'09l22la1iegation-aceinsi-re

10i3,,20i5

:{liegatir:u against Dow, candidate ir:r NM l{ouse, proveu

false

'iiEneccs uoii ana iEr slafi were Fraxnpt ln repoftlng me tlvc casies wntcn occui'red at fl'e Boys & Grfls ciub,- Airez sald.

'1 knQ'tt

Page 2
hlstnan* tirgt tHe

of

manner in which each ef these cases were reporteC and handled urere exerrrplary a,nd shouid be the standard not the excepi.ion., Required background,
crecks
cornp{eied. i will prqvide a.ny information that nray prove heioful in clearing ihis up."
'.vere

Alirez talked at lengih about Dow and her character and lrow irfipqrtafif she is to the community. He ielt it was exlier,::ely unfortunete that these cfaims
had been msde and asserted that they essentially had no fastual basis.

Dcw said. "All NM OYFD licensed facitities must have {ederal backgrourd checks, however this is not the case for recr.*atisnal program$, ccmmuniiybesed organizahons with non-iicensed care. civic organizalion$, or churches with ptograms for chiidren and youth. Even before Boys and Girls Club of
America'begafi, requiriBg their chartered clubs lo do background checks, tlre Boys and Girls Club of Sierrs Coun$ did $o on our own; New Mexico
Childcare and Education Association, of which I am the policy chair, has long been an advocate of required backgrQufid checks ior all prcgrarns serving
childrerl and y0ulh,, Aithough this could be accomplishedthrorigfi a regulation; ithasn't ha'Fpened yet.

"l plan to use my influenc,e as an elected official to final;y make this a reality,' Dow said, 't rviil be diligent to assure those who are conuicted of sexually.
abusing children are registered and work to assure tho.se records cannoi be removed frorn their permanent record, so thal background checks are able to
serve their purpose.'
Addiiionaliy, Dow was asked what her feeiings vrere rgggrdirtg the matter as a whole.
"As a mothel and an edtrcatgr, I am compietely disgusted that anl,one would use their author{ty to abuse a child or e youlh," stated Dow,

'l

have devoled

rny adult life to working with and improvirtg the welf"being of chiidren and youths, and lwill continue to dc so,"
Since its reiease the article has received a lot of attenlion and has even led oifier etected officials into the fray. Congressmen Steve Fearce addressed
the issue in a press release over the weekend.
"Nasty pclitics

h.as

some to a very local anci personal level with these dishonest attacks.on Rebecca Dow," the siatement reads. ''I woutd urge everyone

to tearn the real tacts and reieclthase left-wing outside'groups and their attacks- Child abuse is terrible and we musi attwork to prevent il and punlsh
child abusers. Rebecca Dow is a woman of rJeep moral conviction. She is an educatol posriively siraping the lives cf young New Mexicans so they have a
bright future. She puts *ur childreo's safety first,'

The Sun,News lvas ihe first to reach out to the Republican Party of New Mexico for somrirent, which was given in a press release.
"Rebecca Dow has been completely forthrigtrt about the inideflt of abuse hy a former enployee at the Boys and Girls Cluil and qr.rickly went to the police
to report the crime. exactly as she should .have done,'' Repubtican Party ot New Mexico Chair,-nan Debbie Maestas said. "What hasn t been reported

rs

thiat she performed a background chec* on this employee and notirins was found. T0 accu$g her of not doing her Cue diligence i$ a desperate atternpl to

smearnerworkinanindustrythatshehassogenerouslyandpassionatelyadv0catedfor.

Anyattemptiop0rt{tsyherrecordasanythingle$si$

completely false.'
-:'

The $un-Nerrvs has been u,nabie to substantiate any alleg.ations made try Fioqressnownm.oro ihttp://Prqgressngwl.fl].o.lg] about Dow

i:tip:.rllvrvw,scswl-I]e\ts.*on:,istcry/rrerv.B,rpoliticsi20 1$tO9l2l/ailegetian-ageinsi-rebecca-d,rw-can<jidate+t... 101312016

Candidate

furts*itlrtlre tamed in lar,vsuit b1, parelrts of sexually

iEmaii

ahused

Ren:emberMb ffi

Passurord

boy I Albtq.uert... page I of

tmfg-lt:l

camdidm*e fmr LegisEatsgre Enerffisd ira Eawswit hy

pare!'Efs #f $exale$fu, ahcnsed h*y
S;r

Lauren

illagrcn,/Journal $taff Wriier - Les tlruee+ Bureau

xnsd4v, Seplen ltsr 2TtS,.30I6, st I.tj4zpor

A southem Nert fulexico legislative candidate who rups

a Bcys & Girls Club is being sued for

negligcnce after a forrner employee was senteftced io prison for sexually abusing two boys.

REBECCA DOW
of one boy are suing:Repuhlican eandidate for Distri* 38 Rebecca Dor,v, olaiming sle
igaoreri "obvistts red flags' that could har,e prevented Alejanctro Hernandee from hurting trvJ l3-ylea old bcys during his ernployment at the Boys & Ciils CIub of Sierra County in Truth or C*orseqre,i"*i.
Jhe.fa|e,11s

D+w told the Journal: "In our facilities lve go to gieat lengths to ensure the safety of our students,
jncluding background checks. I cat't cornment on the things they have alleged
against me, but I trust
tregal system

wrll work."

tle

An amended complainl fiied in the Ttli Judicial District last week nelmes Dow, Arnelia W jlcox,
rlppleTree Educational Center aad the Boys & O'irls Club of Siera County. Dow serves as ex+cutire
director, and Wilcox seryes as assistant director at AppleTree, a faith-based, nonprofit daycare aad
preschool that provides 'lcomprehensive family support serl'ices," accordl,ng to iis websitl.
The lar'l'suit alleges that llow and other defendsnts put Hemandez in charge of orgzurizing a Ma1,2g,
?015, overnight 'llockdown sleepot'ero' in which Hernandez was the adutt chaperon.q, Oes;ite a March 1 g,
20 l5' incident for uifiich, llerna:rclez r,lras given a written ivaming for questioning a female tern about
her
sex

life rvit} her

boyfriend.

.{t the sieepover, Hemandez molesteri a l3-year-old boy. In Marc}r- Hernandeu p}eaded guilty to
multiple cpunts of criminal sexual contact of, a minor and n'as sentenced ts six years in piia*n
Administrators allegedly iear*ed of the abuse iifter a second boy was raped by Hernsndez ir: jull- at a
sleepover or similar event. Truth or Consequences Police Chief Lee Alirez said Boys & Cirlg Ciub and
acjmihi:stlators rportd that abuse to poli* imrnadiately; a poliee delective arrested Hernandez vrithin
hours afthe ffiport.

The adtninistration r*'as '"very cooperative" with the investigatjon, Aliree said-

https:'//ww'w.abqiournal.*ot1854804r'legislative*candidate-nanrecl-in-lawsnit-hr,,narenr.s-of... g/?-gi?n I 6

Candidate for Legislature named in iawsuit hy parents of sex,uaily abuse d bov

Albuqrlerq...

Page 2

of

Aliree said detectives investigated the pl:gram:s hiring practices and found they had "three levels" of
background checks. inciudiag fingerprinting and soreening far a* appiicant's nam,orr sex offender
registries. Backgrounci checks did ner flag Hemandez for past convictions.
But the lawsuit alleges Dorv and ot]ler defendants "failed 1o conduct inlerviews with furmer employers"
and "did notr queslitn. the perpetralor qn some of the incredible claj-ms in his res*me," including that he
cocrdinated five-day erangelical children's carnps in llouslon in ?00? when he would have been i 5
years old or that he was the children's ministry1 teacher and "r.vorship leader" at a Baptist church af 14
lrears old,

The

ialsuit

a$surar,lces

charges thal the defendants did no-t investigate ihe claims on his rdsumd
al.so an employee of the defendants."

bfi ,'toot

the

of his rnother, who was

"Del'endants should have: known that having a sleepover vdth Hernandez as &n adult ciraperone \ryas
inappropriatre particularl-v in light of the March 18, ?015, incident alrcl other troubling inibrmation
indicated in his application and known to defendants." according to the lar,vsuir.
The Bo-y-s & Girls Clrrh of Sie.rra Count,v* sen1 a letter to parents in late July ?01:5 referring m
"inappropriate conduct by a staff rnemlrcr." 'l*he letter, a copy of whiclr is attacl'ied to rhe complaint.
doesn'l rnention the May incitJent of abuse.

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Civii can*plairrt file,d agxinst House candidate I KOB,com

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Page 1

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#ffiBTd$dmte

Caleb James

Sepfefiber t7, 20161A:* PM

A state House of Repre-sentatives hope{ul in Truth or Consequences is defending herself
Tuesday night.

On Tuesday, Hou$e tsistrict 38 candidate ftebecca Dow discussed ciaims she performed no
background check beftre hiring a man [ater convicted ol sexua{ly assaulting two children in the
care of her day care eenter.

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Civii c*nipiaint fiied

Fage.

agai.nsl Horse candidare I KOB.com

This story begins at the Boys and Girls Ctub of Truth or Consequences.

2 of

ln July 2015, a rlran

named Alejandrc Fer,nandez wa$ accu$ed of and iater pted guilty to rnoiesting two young boys
at the facility.

Then there [s Boys and Girls C]ub board member Dow, she's running for the state House ao a
Repubiican In a hotly contested race, A couple weeks ago, sonte parents filed a civil complaint
alleging Dow should have known Fernandez was capable of child abuse before he did it.
.Win or [ose, you krtow? l'llsurvive," DOw said. "But this club n:eeds to survive.
"The criminal was prosecuied and he's in jail where he should be"'
A couple weeks ago, she was put on notice. The farnily of one ol Fernandez's victims said Dow
ignored waming signs in Femandez. They are preparing to sue her for negligence. Pad

oJ

the

complaint alleges DoW knew Fernandez was a danger because he sexually harassed a young
woman before his crimes.
"This is absolutely ridicutotis in my mind,'said Jessica Savage, vrrho is rnentloned in the
compiaint.
Savage has a different version. $he said she reported Fernandez, and Dow started the
discipline process. Savage thinks this is political "to make sure she doesnlt get into House."
Dow said the crime rocked the club, a safe space many kids spend their after schooltime and
even saler after lessons were learned.
lmmediatety after the incident, Dow ssid the center hired an outside'consultant

wht

recornrnended pufting observetion r,riindows in allthe seilters classroorns, which they did.
But there is not a day Dow doesn't hate what happened at the club'* safe space. $he said a
feders,l background eheck wasperferrned hefore he was hired.

'As a raother, [t's kustr:ating to me and an educator and someone whols dedicated my life to
serving the community and programs like this, that anyone would use'it for: poiiticai gain," $he
said. "ln a sense, it feels like we're r+'vi:etinrizing the ehildren-

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$eptrntber ?$ al 5:00prr

Thankyau everyone for: the ilotes, calls, and errnaits of eupprrt. I'm more
detennined than euerto represent Dlstrtct sB. lt is a good Frlng lhat I have
Taylor Swift's "Shake it Off'and for some inspiration, ,'King of my Heart' by
Sarah McMillan, on standby when neededl:
Now let's get out and vote!

. .\rtl

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OFFICIAL RECEIPT
Seventh Judicial District Court County of Sierra
P.O. Box 3009, 311 N. Date
T or C, NM 87901
ReceiPt No.

Payor

TOCD-2016-415

Sophia Peron

Transaction Date
101512016

Judge
Sweazea, Kevin R

R,M
D-721-CV-2016-00040
M R, et. al., v. APPLETREE EDUCATIONAL CENTER, et" al.
Civil District PhotocoPies
Civil Photocopy Fee

19.95
19.95
19.95

SUBTOTAL
Remaining Balance Due: $0.00

Cashier
Station

D4

OFFICIAL RECEIPT

PAYMENT TOTAL

19.95

Cash Tendered
Total Tendered
Change

19.95
0.00

19.95