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ARTICLE TITLE
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DATE
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PG#
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"7 Days: What Santa Fe's
talking about"
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October 20 - 26, 1999
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"Bizarre & Ironic"
Letters to the editor
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October 27 - November 2, 1999
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March 8 - 14, 2000
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14
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"Shame", "It Happens
all the Time", & The Real Abuse"Letters to the editor
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March 15 - 21, 2000
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"Investigate for Yourself"
& "What Men Do" Letters to the editor
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March 22 - 28, 2000
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"Amusing and Obtuse"
Letters to the editor
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March 29 - April 4, 2000
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"Beaver Bafflers" Letters
to the editor
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April 5 - 11, 2000
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| "art or CRIME?" Follow - Up |
October 4 - 10, 2000
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| "Is this Art?" Letters to the editor |
October 11 - 17, 2000
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| "The Body Politic" Follow - Up |
October 11 - 17, 2000
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| "Top Ten Stories of 2000", "The Artist Vs. The Prosecutor" |
December 27 - January 2, 2001
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10,20 |
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![]() Elizabeth Stewart |
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Courtesy of Elizabeth Stewart
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The Reporter has learned that Stewart herself has been arrested twice in connection with Rendleman: once for breaking and entering at his Santa Fe home and battering him, and most recently for contacting him against court orders. At a March 3 arraignment hearing, she was returned to the Santa Fe County Detention Center (where she has been in custody since Feb. 2) and ordered to post a $250,000 cash bond to leave.
Although Stewart insists she only was trying to protect her children, as far as Rendleman's supporters are concerned, calling in the FBI was both unwarranted and tragically shortsighted. They insist that the photos and videos were made in a healthy family environment -- one that was simply uninhibited in matters of nudity. And the children were doing fine, they say, until Stewart's allegations plunged them into the center of a sordid criminal case.
Mark Rendleman hails from an old, slightly bohemian Santa Fe family. His father, "Doc" Rendleman, was a respected local physician and his mother, Mimi, is remembered as a noted beauty and sometime nude model. After graduating from military school, Rendleman moved to California and found success as an artist. In 1983, he returned to Santa Fe to care for his ailing parents. In addition to carving out a second, lucrative career in real estate, Rendleman served for 15 years on the board of the Center for Contemporary Arts -- often donating his own money to keep it afloat -- and, in 1992, raised almost $70,000 to help found the Teen Center.
![]() MIA Barbosa Age 24, one of the accused. |
| Courtesy of Elizabeth Stewart |
Not surprisingly, Rendleman's immediate family is atypical. Of his three daughters by three different women, Barbosa -- his and Stewart's child -- is oldest.
Rendleman and Stewart never knew each other well. Although Stewart says the relationship between her and Rendleman lasted four months, he has (in court records) characterized it as a "one-night stand." When, in 1999, Stewart moved from California to Santa Fe, it was the first time she and Rendleman had daily contact with each other.
Barbosa, on the other hand, had a close relationship with her father. She had been visiting him since about age 9, and moved to Santa Fe in the mid-9o's.
In 1998, Stewart agreed to let her youngest
son and daughter move to Santa Fe to live with Barbosa. The children
had been visiting her and Rendleman every summer for years. In Embudo
(where Rendleman also has a house), they played with his other children,
skinny-dipped in the river, and ran around in the elaborately sculpted
caves that Rendleman had spent years creating in the foothills behind
his house.
| Mark Rendleman was arrested Oct. 7, 1999 at Albuquerque International Sunport. He was returning from a trip to Brazil with his new wife, who subsequently has moved back to Brazil. |
It
was during these summers, 1995 through 1999, that the nude photos
and videos were taken: some by Barbosa or in her presence -- and some
in the presence of Stewart herself. Although none of his supporters
has seen all the photos and videos in question, they are unfazed by
the fact that state District Judge Michael Vigil has called some of
the images "very disturbing."
These
Josh Sturges Photographs were exhibited as art at Photo-Eye
Gallery last year. |
Above:
Minna, Northern CA, 1980 At right: Minna, Northern CA, 1991 |
| ©Jock Sturges, Courtesy of Photo-Eye Gallery. |
In Rendleman's defense, his friends cite similar works by acclaimed photographers jock Sturges and Sally Mann, whose images of nude children are commonplace in Santa Fe's galleries and bookstores. For many, even those artists' works are uncomfortably explicit. (The recent Sturges exhibit at Photo-Eye Gallery, for instance, featured nude, prepubescent girls gazing, in arguably suggestive ways, at the viewer.) Still, in liberal Santa Fe, such works are generally accepted as within the bounds of artistic expression.
Rendleman's Embudo neighbor, photographer Lisa Law, says that she herself has "a zillion pictures of nude kids." Adds Kenney, a self-described "free spirit": "Any of us could be in that cell."
Rendleman's friends also point out that the children's own testimony largely seems to exonerate him. The Santa Fe county grand jury, which indicted Rendleman on only two counts, heard Stewart's children testify that the evidentiary photos and home movies were their own ideas, not Rendleman's, and that he never asked them to pose nude. By contrast, the Rio Arriba county grand jury indicted Rendleman on 30 counts after a hearing at which none of the children -- only state and federal investigators -- were called to testify.
Drobbin calls the case pending against Rendleman and Barbosa a "travesty" -- one she believes happened because Stewart wrongly called in the FBI and an overzealous legal system took it from there. "Must parents think twice about snapping a photograph of their child running around, or just being themselves?" she asked. "Do we . . . want to be judged as to whether that photograph we snapped was appropriate?"
| Longtime friend Nancy Kenney says Rendleman is spending about $30,000 a month in legal fees. |
"Those kids were totally comfortable around him," said Law, who often saw Rendleman around the children. "They loved him, loved the attention." Although Stewart knew of Rendleman's practice of videotaping and photographing her children in the nude, she insists she was shocked to discover, last fall, what some of the images entailed.
In person, Stewart is a slender, well-dressed blonde. She says the fact that Rendleman and Barbosa are being prosecuted isn't her fault, but Rendleman's. He's the one who "coerced" Barbosa into taking exploitative photographs of her half-siblings, Stewart says. "If she would just come forward and admit that she's a victim," she says, "the true predator will come out, and that's her father".
| Elizabeth Stewart says she carried a hurtful letter Rendleman wrote her in her purse for 24 years. |
According to Stewart, the whole thing began last fall when her youngest daughter, after watching an episode of The Oprah Winfrey Show about pedophiles, called her aside and told her of certain nude photos and videos Rendleman had taken. Although Stewart says she previously had seen "about 50 percent" of the images in question, she claims that the two videos her daughter then showed her were more troubling.
Upon viewing them, said Stewart, "I was devastated . . . If he had just videotaped them skinny-dipping, that's one thing. But in some, he had zoomed in on their genitalia."
(Sources confirm that some of the photos depict close-ups of children's genitals. A defense exhibit, however, shows a succession of Rendleman's photographs taken throughout the course of a day. In a few, as a child gets dressed, her genitals are clearly exposed -- but others in the roll show her clothed, eating breakfast, etc. The defense contends that, in such photographs, context is everything.)
Court records indicate that, in early October, Stewart called an FBI agent and reported that Rendleman had taken nude videos and photos of her children. She also accused him of child molestation. (Stewart denies she actually placed the call, but not that she made the allegations.) At some point, while Rendleman was away in Brazil, she removed photos and videos from his Embudo home and turned them over to the FBI.
Rendleman's supporters believe that Stewart had questionable motivations for launching the investigation. In an unpublished letter to the New Mexican, Kenney, Levy, and Robert Althouse layout, their view that she did so because Stewart "has a scheme, perhaps to make money. I do not know her true intentions, but I guess that she seeks a profitable settlement, and I pray that she doesn't fool the jury or the judge."
| All the charges against Rendleman including those of criminal sexual contact are based on images in his photographs and videos. |
![]() Rendleman's Friend & supporter, Photographer Lisa Law |
|
©Laura Egley Taylor
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But Rendleman's supporters blame her for the fact that he is on trial at all. Their concern is that innocent family photos taken by an artist with atypical attitudes toward nudity have fallen under the microscope of a rigid criminal , justice system.
In addition to potential financial motives, they cite Stewart's psychological history as reason for her to misrepresent what happened to her children. "This is a very, very mentally ill woman," said Barbosa's attorney, Dan Marlowe. Stewart's two youngest children had spent the past year living with Barbosa -- Marlowe and others claim -- because Stewart herself was psychologically incapable of taking care of them. Stewart admits she was voluntarily hospitalized in California in 1998 "for severe burnout, major depression and anxiety (According to a Nov. 24, 1999 letter written by Cron, there is "reason to believe that she has been hospitalized at least four times for psychiatric reasons." He also claims she is on psychiatrist-prescribed medication.)
Stewart herself has said she is receiving disability payments for mental health problems. Rendleman's friends claim they have long known about Stewart's mental instability. It's why, Drobbin says, Rendleman himself feels no anger toward Stewart. "He feels badly for her," Drobbin said. "We would all like to see her get some help."
![]() Barbosa's Attorney, Dan Marlowe |
| ©Eric Pitsenbarger |
Stewart responds that Rendleman's supporters have made discrediting her their main focus. "Understand that someone has to be the scapegoat," she said in a recent interview. "If [Mark's supporters] think that's the position that will best serve them, they can try. It doesn't even affect me . . . I have no animosity or hostility toward Mark."
Court records attest to a slightly different story. On Nov. 23,1999 Stewart was arrested at Rendleman's Santa Fe home on charges of breaking and entering and battery of a household member. In his Nov. 24 letter to District Attorney Henry Valdez, Cron describes the incident as follows: after attending a court hearing to revoke Barbosa's bond, Stewart "informed her psychologist that she was going to kill MIA Barbosa and then commit suicide . . . The psychologist was so alarmed . . . [she] called Mr. Rendleman's residence [where Barbosa also was living] to advise him of the death threat to MIA" Within minutes, writes Cron, Stewart was smashing a tall plate glass window by Rendleman's front door. While he was on the phone to 911, she entered through the broken window and began attacking him "with various objects she could use as weapons."
A police report of the incident states that Stewart was "screaming incoherently" during the attack, in which Rendleman suffered minor injuries; he later was taken to a hospital for treatment.
Six days later, Stewart was released on bond under an order not to contact Rendleman. On Jan. 26, she called him. (According to court records, the call was to ask the whereabouts of Barbosa.) On Feb. 2, Stewart was returned to the Santa Fe County Detention Center for violating the conditions of her release.
(In a strange twist, Stewart's former husband, Ronald Stewart, also recently was booked into the Santa Fe County Detention Center on an outstanding California warrant for a parole violation. According to Stewart's fiancé, Tony Bearhorse, Ronald had come to Santa Fe to try and take custody of his and Stewart's children. State police records indicate he was arrested Feb. 19 at OfficeMax, after an unidentified person called the police and informed them of his whereabouts and outstanding warrant. Bearhorse has been caring for the children since Feb. 2.)
![]() MIA Barbosa (left) & her mother, Elizabeth Stewart, at a recent Mother's Day gathering. |
| Courtesy of Elizabeth Stewart |
Since his Oct. 28 arraignment, Rendleman has been allowed to see his 10-year-old daughter only three times. Because he's under house arrest, his friends say, he is unable to make a living as a Realtor. And, whatever the outcome of his July trial, he is facing a possible 30 years in prison on the federal weapons charges. Still, Rendleman's friends say, he isn't t bitter, but characteristically philosophical and calm. "He is an extraordinary man, a highly ethical man," said Levy. "He is kind, generous, and honest -- the kind of person you're fortunate to know"
As for the three alleged victims, their lives hardly have been improved. According to Drobbin, Rendleman's youngest daughter "misses her father." Although the child is coping well, Drobbin says she worries about the impact the ordeal will have on the girl.
Meanwhile, Stewart's two younger children have been in Bearhorse's care for weeks, since both their parents have been in jail. Since October, they also have been barred from any contact with their sister and longtime caretaker, Barbosa.
"They're basket cases," Law said pityingly. "They're the ones who are being hurt the most."
Stewart has maintained she only called the FBI to "protect my kids from any further harm." Yet, in a recent interview, she seemed to realize the unforeseen consequences of her actions: namely, the painful ordeal that both her young children and her daughter MIA continue to suffer. "If I could make this all go away tomorrow," Stewart said, "I would."
| Private investigator and former city councilor Peso Chavez was hired to do a background check on Stewart. His findings are likely to be used in Rendleman's defense. |
"I'm not that optimistic that the case will be dismissed," says Santa Fe artist Mark Rendleman. "I'm an artist, but they think the reasons behind the photographs are questionable."
Rendleman spoke to the Reporter on Oct. 3, the first of three scheduled days of hearings in the case. Rendleman faces life in prison for the nude photos and videos he shot of three children. [Cover, March 8: 'Family Photos"]. Outside the courthouse shortly before 9 am, a handful of supporters held handmade signs, including "Nudity Is Not Pornography" and "Artists and Parents Support Mark and MIA," referring to Rendleman's daughter and codefendant MIA Barbosa.
Inside, Rendleman's attorney, Peter Schoenburg, was advising a circle of enthusiastic friends not to wave their signs in the courtroom, "because we wouldn't want the judge to think they're directed at him." Off to the side stood the reason for the crowd of media and onlookers: a slight, soft-spoken man who appeared surprisingly calm. Last October, Rendleman was indicted on a total of 32 counts involving sexual exploitation of children-all but two in Rio Arriba County, and all having to do with the images he shot of his 10-year-old daughter and two other children.
In the three-day motions hearings in front of First Judicial District Judge Mike Vigil, the defense will argue that Rendleman's photographs and videos are protected under his First Amendment right to free speech, that evidence seized from his Embudo home should be suppressed, and that the entire case should be quashed.
Rendleman's Rio Arriba and Santa Fe county trials are scheduled for January and February, respectively.
At his Oct. 24 sentencing in federal court in Albuquerque, Rendleman also could be sentenced to up to 30 years in prison on three federal firearms violations, to which he has pled guilty. In searching his house, federal agents turned up three rifles illegally outfitted with homemade silencers, which Rendleman has said he used to shoot beavers. He said he has spent more than $300,000 defending himself against criminal allegations that resulted from the mother of two of the photographed children contacting the Federal Bureau of Investigations. The mother, Elizabeth Stewart, has since left the state with the children.
After sitting through two whole days of the Mark Rendleman hearings, I must say I'm shocked and embarrassed, not by his snapshots, but at the action of my government.
You say that he faces life in prison for possessing nude photographs of his own children [Outtakes, Oct. 4: "Art or Crime?"]. According to court testimony, the mothers of the kids were present and gave permission when the photos were taken, and none of the images was ever sold or given to anyone outside the immediate family.
My government is spending millions of tax dollars in a medieval-style witch hunt. In the land of our sacred Bill of Rights, high-paid, out-of-town inquisitors are effectively destroying an extended family because of their private photo record of their life together.
The courtroom is curiously divided.
The defense team is all male. The large (I counted five) prosecution
crew is all pursed-lipped women. Back in the Inquisition, all
the witch hunters were men, and all the popes had naked children
with wings painted on the ceilings of their chapels.
MARK A. LEE
LAMY
On the morning of Oct. 5, art professor Gary Brown of the University of California at Santa Barbara took the stand in First District Judge Mike Vigil's courtroom to defend the photographs of his former student, Mark Rendleman (Cover, March 8: Family Photos"].
In the motions hearing slated to resume Oct. 24, Rendleman's attorneys hope to quash the 32 criminal counts against their client for taking nude videos and photos of three children, including his daughter.
The face-off between Brown and prosecutor Cheryl Johnston about the artistic value of the photos often resembled a high-stakes undergraduate seminar. In fact, said Brown, students at UC-Santa Barbara frequently debate topics such as the line between art and pornography in a discussion series called "The Body Politic."
Key to the dialogue were nude photos of a prepubescent girl taken by Rendleman, including one showing her straddling his lower rib cage. "Does it appear it could be simulated sexual intercourse?" asked Johnston. "Oh, no," said Brown, slightly exasperated. "That was similar to a pose I could show you 100 years ago."
Another photo showed the girl kneeling on tinfoil, her body shiny with oil. "Lots of times, a photographer will spray an adult with water or oil," said Brown. "It brings out the highlights." "Do you see sexual coyness in this photo?" asked Johnston. "No," said Brown. "But she is slathered in oil?" "Yes," he replied.
Brown testified that, while he didn't consider Rendleman's photos of the nude children art, they seemed to be part of his documentary journal that formed the raw material of future art work. "How do you determine the intent of the photographer?" asked Johnston. "Whether the person is an artist or not," said Brown. "Does that mean carte blanche?" asked the prosecutor. "If I'm an artist, I can take any kind of picture I want?... How do you determine whether these photos were used for sexual gratification or not?" "It's not for me to determine," Brown said, finally. "I myself don't see this in them."
We thought the year 2000 was going to be about the collapse of civilization due to the pesky little Computer Problem That Wasn't known as Y2K.
Nope.
Civilization remained intact. But there were plenty of times when it seemed like the end of the world.
Unless you have nerves of steel, surely you noticed that most of the the top stories of 2000 were ones that made our hearts race and our collective hair stand on end. From the devastating Cerro Grande Fire to the disappearance of Robbie Romero to the high-stakes Election 2000, there were plenty of sleepless nights and nail biting in 2000.
Most of this year's top stories will continue to unfold in 2001. The City of Santa Fe is still grappling with how best to conserve its limited water supplies. The City Council also is forging ahead with a near endless laundry list of major planning items for the city in the new millennium. Artist Mark Rendleman will face trial next year on charges of sexually exploiting children and defend his work as art. Wen Ho Lee is out of jail, but fallout from his case continues. And if all goes well, the Santa Fe-based film The Tao of Steve will be a hit television show sometime soon.
Of course, some of our top stories appear to be resolved. Most prominently on this list is the presidential election. Barring another twist in the road, George W Bush will be sworn in as president next year. There were many of us who thought it would never happen, but it did. And the world hasn't ended yet.
THE ARTIST VS. THE PROSECUTOR
- page 20 - By Maya Sinha
Mark Rendleman's photos blurred the line between art and crime.
The most-watched legal battle of the year comprised a sort of Rorshach test. Depending on an observer's own ideas about art, sex and children, he or she saw in accused pornographer Mark Rendleman either a criminal or a martyr.
A full-blown trial is slated
for next year, at which point it will be up to a jury to decide
Rendleman's fate.
Supporters of Rendleman, 50, and his daughter Mia Barbosa, 25,
characterize the circumstances that led to the two being charged
with sexually exploiting three children as innocently creative-not
criminal-behavior.
After all, Rendleman's was an unconventional family in which nudity was commonplace. Rendleman also was an acclaimed artist who compulsively documented his life on film and videotape. And friends say Barbosa was the last person who would have intentionally harmed her young half-sister and half-brother.
But prosecutors say the photos and videos Rendleman and Barbosa shot speak for themselves. In them, three children are depicted nude in arguably suggestive poses-including bending over, on all fours and straddling a nude Rendleman's stomach. Based on the images, the former art professor is charged with 30 felony counts of sexual exploitation of, and sexual contact with, minors. Barbosa, who allegedly shot some of the photos, is charged with 20 similar counts.
Little was known of Rendleman at the time of his October, 1999, arrest, following an FBI seizure of boxes of photos and videos from his Embudo home. In those materials, one of the children depicted nude was his own daughter, whose mother has staunchly supported Rendleman throughout his legal battles. The other girl and boy were his daughter Barbosa's half-siblings.
The mother of Barbosa and the two younger children, Elizabeth Stewart, briefly dated Rendleman more than two decades ago. Rendleman's friends have blamed her for alerting the FBI to his collection of nude photos and videos. Stewart says she was only trying to protect her son and daughter, and bore Rendleman no ill will.
As a result of the events of late 1999, Rendleman made headlines throughout the year 2000, much of which he spent under house arrest, shelling out roughly half a million dollars in legal fees and auctioning off his possessions over the Internet. In July, he pled guilty to three federal firearms violations, after federal agents discovered three shotguns that were illegally outfitted with silencers.
Last October, Rendleman's lawyers argued before First District Judge Michael Vigil that their client had merely exercised his First Amendment right to free speech, and all charges against him should be dropped. For days, curators and art professors were grilled by lawyers on both the artistic merits of Rendleman's images and their pornographic implications.
Vigil has yet to rule on whether or not to dismiss Rendleman's two, related criminal cases, stemming from grand jury indictments in both Rio Arriba and Santa Fe counties. Either way, Rendleman still faces prison time. In December, a federal judge sentenced him to a year and a day in prison for the firearms violations. Rendleman's attorney, Peter Schoenburg, says Rendleman was disappointed by the federal sentence, as he had hoped to receive only probation for the firearms violations. As for the pending decision as to whether Rendleman's trial on state charges will go forward, Schoenburg says that, on the one hand, "I think we made a strong, compelling case that this is an artist and a father and that these were family photos." But even if the judge opts for a trial, Rendleman will remain "philosophical and calm," Schoenburg adds. "He is looking forward to having his case heard by a jury and getting this cloud out from over him."
Sidebar: Mark Rendleman once
belonged to a religious group whose central ritual was the ingestion
of a Brazilian hallucinogenic tea. Current practitioners in
New Mexico are now suing the federal government for the legal
right to use the tea for religious purposes.
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