By Scott Sandlin, Albuquerque Journal
The city has settled a civil lawsuit for $300,000 against former Albuquerque police officer Christopher Chase in an alleged rape— despite the mayor's policy against settling police cases.
The lawsuit filed on behalf of sometime prostitute Mitsey Ramone, who alleged she was raped twice by Chase, had been scheduled to begin trial Monday before William F. Lang, chief judge of the 2nd Judicial District Court.
Instead, the City Attorney's Office last week reached a settlement with Ramone's attorneys, Paul Kennedy and Mary Han.
Mayor Martin Chávez on Monday defended the no-settlement policy but said it was being fine-tuned to reflect situations where the city's liability is clear.
"We already know (the policy) has been incredibly successful financially for us. Instead of paying out on every case, we're prevailing in almost every case," he said. "That still brings to the fore the question of what happens when there's clear liability. I have no interest when you get a creep like Chase, making a victim go through the rigors of proving liability."
Chase faces criminal charges but hasn't yet been tried.
A grand jury indicted Chase in June 2003 on sexual assault charges against Ramone and other women and in alleged beatings of others. But pretrial motions caused delays, and it is now set for Dec. 12 before Judge Denise Barela Shepherd.
Chase was fired after he was named in the 32-count criminal indictment.
Ramone has testified about her experience in a civil lawsuit by another alleged Chase victim in federal court, Cynthia Seeley, as well as in a criminal hearing before Shepherd in October.
In the summer of 2002, Ramone said, she was prostituting herself to pay for her motel room, food and necessities, and occasionally for crack cocaine. She said a police officer stopped the truck in which she was a passenger near Central and Washington, conducted a pat-down search after she exited and took her to a park near Gibson where he forced her to have sex. Several months later, the same thing happened.
Seeley, who also described being sexually assaulted by Chase, won a verdict of $943,380 at trial in a federal civil rights suit against the former officer, including more than $800,000 in punitive damages. The court later awarded the attorneys $150,000 in legal fees. The city has appealed the judgment to the 10th Circuit Court of Appeals.
Kennedy said the structure of Ramone's settlement will give her a modest monthly income. He said she is no longer working as a prostitute.
"She's grateful this ordeal is over in terms of the civil case and still looks for justice from the criminal justice system," he said.
City Attorney Bob White said the case was settled because the facts were "virtually identical to the case that was tried. ... The mayor, I think, understood that the jury had spoken."
Another civil lawsuit filed on behalf of a high school student who said he'd been hit in the forehead with a flashlight by Chase also was tried before a federal jury and resulted in a $10,000 judgment against the former officer.
At least two more suits are pending in state and federal courts.
White and Chávez said those will be evaluated to determine whether they should be settled as well.
Chávez said in civil lawsuits against defendants like Chase, who are covered by a contract, the city lacks legal discretion to confess liability without the employee's permission.
"That's had us scratching our heads," Chávez said. Since a jury had found liability in the earlier case, he said he felt free to authorize settlement in Ramone's lawsuit.
"What we're trying to figure out is where we agree it's a bad apple ... how we can confess liability and leave to the jury the amount of damages."
Even conceding damages, a capable plaintiff's lawyer will want the jury to hear about some of the wrongdoing to have context for the damages. And that, says Chávez, can be a slippery slope.
Still, he said, some tweaking is in order.
"We've brought the pendulum back," he said. "Now we want to find a solution where there is liability."
Kennedy, for his part, says he doesn't really care if the city won't settle police cases.
"It's to the trial lawyers' advantage," said Kennedy, a former state Supreme Court justice. "We make lots of money from the no-settlement policy. If the mayor wants to spend taxpayers' dollars that way, it's fine with me."
Tuesday, November 29, 2005
Wednesday, November 16, 2005
Review Finds Insufficient Evidence in N.Y. Doctor's Beating Allegation
Associated Press
Albuquerque's independent police review officer found insufficient evidence to back up allegations by a New York heart surgeon who accused police of roughing him up and jailing him in a confrontation with officers.
Surgeon Vincent Moss has appealed the findings, and a hearing is slated before the Police Oversight Commission on Dec. 8.
The hearing comes about a month before Moss is to appear in metropolitan court for a hearing on criminal charges filed against him in the July 17 incident.
Moss, 34, was arrested on charges of disorderly conduct and refusing to obey an officer.
His attorney, Daniel Ivey-Soto of Albuquerque, was out of town and could not be reached for comment. A spokesman for Moss said he would not comment until the criminal case ends.
Jay Rowland, review officer for the oversight commission, said the investigation into the incident in a downtown bar did not find enough evidence to recommend sanctions against the arresting officer or any other officer.
"Your complaint has been thoroughly and impartially investigated,'' Rowland wrote Moss in an Oct. 14 letter obtained this week by The Albuquerque Tribune. "There are not sufficient facts to make findings by a preponderance of the evidence on all of the allegations.''
The investigation is based on interviews with eight officers, employees of the bar, videotapes from the tavern and newspaper articles, the letter said.
Moss, who was in New Mexico last summer on a sabbatical to work at a Gallup hospital, alleged he was treated badly at the bar because he is black and that police dislocated his shoulder. He complained to Police Chief Ray Schultz, who forwarded the complaint to Rowland's office July 20.
Rowland said that because of the pending criminal case, Moss did not cooperate with the investigation or present his own witnesses.
"We don't have their side of the story,'' Rowland said.
According to his letter to Moss, the doctor yelled profanities, acted aggressively, spit on the ground, had to be bodily pulled from the bar and appeared to be high.
"A preponderance of the evidence convinces me that the officer had a reasonable basis to defend himself and arrest you,'' Rowland wrote. "Your conduct would lead a reasonable person to be concerned that you might become violent.''
Rowland's letter was released because once an appeal is filed, such a letter becomes public and its recipient is identified.
The criminal complaint against Moss identifies the arresting officer as Allen Hancock. Hancock has been the subject of at least four federal lawsuits accusing him of excessive force.
Albuquerque's independent police review officer found insufficient evidence to back up allegations by a New York heart surgeon who accused police of roughing him up and jailing him in a confrontation with officers.
Surgeon Vincent Moss has appealed the findings, and a hearing is slated before the Police Oversight Commission on Dec. 8.
The hearing comes about a month before Moss is to appear in metropolitan court for a hearing on criminal charges filed against him in the July 17 incident.
Moss, 34, was arrested on charges of disorderly conduct and refusing to obey an officer.
His attorney, Daniel Ivey-Soto of Albuquerque, was out of town and could not be reached for comment. A spokesman for Moss said he would not comment until the criminal case ends.
Jay Rowland, review officer for the oversight commission, said the investigation into the incident in a downtown bar did not find enough evidence to recommend sanctions against the arresting officer or any other officer.
"Your complaint has been thoroughly and impartially investigated,'' Rowland wrote Moss in an Oct. 14 letter obtained this week by The Albuquerque Tribune. "There are not sufficient facts to make findings by a preponderance of the evidence on all of the allegations.''
The investigation is based on interviews with eight officers, employees of the bar, videotapes from the tavern and newspaper articles, the letter said.
Moss, who was in New Mexico last summer on a sabbatical to work at a Gallup hospital, alleged he was treated badly at the bar because he is black and that police dislocated his shoulder. He complained to Police Chief Ray Schultz, who forwarded the complaint to Rowland's office July 20.
Rowland said that because of the pending criminal case, Moss did not cooperate with the investigation or present his own witnesses.
"We don't have their side of the story,'' Rowland said.
According to his letter to Moss, the doctor yelled profanities, acted aggressively, spit on the ground, had to be bodily pulled from the bar and appeared to be high.
"A preponderance of the evidence convinces me that the officer had a reasonable basis to defend himself and arrest you,'' Rowland wrote. "Your conduct would lead a reasonable person to be concerned that you might become violent.''
Rowland's letter was released because once an appeal is filed, such a letter becomes public and its recipient is identified.
The criminal complaint against Moss identifies the arresting officer as Allen Hancock. Hancock has been the subject of at least four federal lawsuits accusing him of excessive force.
Thursday, November 3, 2005
Ex-APD Detective Indicted on Rape Charges
By Scott Sandlin, Journal Staff Writer
Former Albuquerque Police Department vice squad detective Timothy J. Chavez was indicted Wednesday on felony rape charges, five months after his initial arrest.
The New Mexico Attorney General's Office released copies of the indictment against Chavez, 34, stemming from the alleged criminal sexual penetration and kidnapping in April of a 14-year-old girl he met through a telephone dating service.
Chavez, an undercover officer at the time of the alleged incident, is charged with nine counts, including criminal sexual penetration, attempted sexual penetration, sexual contact of a minor and kidnapping. All but one count are felonies.
The Attorney General's Office took over the case because of conflicts in the Bernalillo County District Attorney's Office.
Chavez, a 13-year veteran of APD, was released on $75,000 bond after his arrest May 24. Chavez was placed on administrative leave but was fired about six weeks later.
A criminal complaint in the case said Chavez and the girl made contact on Live Links on April 22, and the girl, a ninth-grader, invited him over. Although she told him she did not want to have sex, the man allegedly ignored her and had sex with her, according to arrest records. She called police after the incident, and they took DNA.
A month later, the alleged victim saw Chavez at a restaurant and police were called, court records state. Police executed search warrants for Chavez's home and vehicle and obtained a DNA sample, according to earlier reports.
Former Albuquerque Police Department vice squad detective Timothy J. Chavez was indicted Wednesday on felony rape charges, five months after his initial arrest.
The New Mexico Attorney General's Office released copies of the indictment against Chavez, 34, stemming from the alleged criminal sexual penetration and kidnapping in April of a 14-year-old girl he met through a telephone dating service.
Chavez, an undercover officer at the time of the alleged incident, is charged with nine counts, including criminal sexual penetration, attempted sexual penetration, sexual contact of a minor and kidnapping. All but one count are felonies.
The Attorney General's Office took over the case because of conflicts in the Bernalillo County District Attorney's Office.
Chavez, a 13-year veteran of APD, was released on $75,000 bond after his arrest May 24. Chavez was placed on administrative leave but was fired about six weeks later.
A criminal complaint in the case said Chavez and the girl made contact on Live Links on April 22, and the girl, a ninth-grader, invited him over. Although she told him she did not want to have sex, the man allegedly ignored her and had sex with her, according to arrest records. She called police after the incident, and they took DNA.
A month later, the alleged victim saw Chavez at a restaurant and police were called, court records state. Police executed search warrants for Chavez's home and vehicle and obtained a DNA sample, according to earlier reports.
Tuesday, October 25, 2005
ABQ Journal: City Must Find Funds for Police Oversight
A city with a $450 million general fund budget ought to be able to scrape together $140,000 to hire two more investigators to probe citizen complaints against police.
The number of complaints filed with the city's Police Oversight Commission against city police officers has grown steadily since its inception in 1999. Last year, the agency investigated 307 cases.
Independent Review Officer Jay Rowland says his two investigators handled 271 cases in the first nine months of this year, and he expects they will handle up to 350 before the year ends.
Cases Rowland's investigators can't get to— and that has grown to more than 50 percent of the complaints— are handled by the Albuquerque Police Department's Internal Affairs office.
That's not the type of independent investigation citizens want. Indeed, Rowland cites a drop in "customer satisfaction" of citizens filing complaints.
The mayor and City Council should re-examine priorities and find $140,000 to reinforce Rowland's team.
The number of complaints filed with the city's Police Oversight Commission against city police officers has grown steadily since its inception in 1999. Last year, the agency investigated 307 cases.
Independent Review Officer Jay Rowland says his two investigators handled 271 cases in the first nine months of this year, and he expects they will handle up to 350 before the year ends.
Cases Rowland's investigators can't get to— and that has grown to more than 50 percent of the complaints— are handled by the Albuquerque Police Department's Internal Affairs office.
That's not the type of independent investigation citizens want. Indeed, Rowland cites a drop in "customer satisfaction" of citizens filing complaints.
The mayor and City Council should re-examine priorities and find $140,000 to reinforce Rowland's team.
Saturday, October 22, 2005
Investigators Can't Handle Caseload
By Jeff Proctor, Journal Staff Writer
Independent Review Officer Jay Rowland's staff of investigators is stretched to the extreme with citizen complaints against police, which have increased more than 70 percent in less than a decade.
The two investigators he has, Rowland says, simply aren't enough to handle the caseload.
With Rowland handling administrative duties for the office and reviewing complaints, two investigators have had to look into 271 citizen complaints during the first nine months of this year.
Rowland says he expects last year's record total of 307 complaints to be eclipsed by as many as 50 in 2005. And fewer than 50 percent of those are being handled by the IRO staff— an all-time low. APD'S Internal Affairs division investigates the remainder.
"The fewer cases investigated by my staff has an adverse effect on the entire system," Rowland said in an interview. "The system was put in place to have independent investigations of citizen complaints, not for me to review Internal Affairs investigations.
"It comes down to what percentage of cases do the mayor and City Council want us to investigate. That percentage is getting smaller and smaller."
He's been asking the city for an additional investigator for three years.
Now, the office will ask for two, Police Oversight Commission Chairman Chairman Michael Cook wrote in an Aug. 4 letter to Mayor Martin Chávez.
To make the request official, Rowland sent a letter dated Oct. 14 to Gail Reese, the city's chief financial officer.
Reese in an interview acknowledged that the IRO's workload has exploded— from 196 cases in 1999 to the expected 350 this year— and more investigators are needed.
She said two new investigators would cost about $140,000.
"I'll have to find a place to fund that if (Rowland) wants it done by July 1," when the new fiscal year begins, Reese said.
In his letter, Rowland detailed another reason he needs help.
He cited a drop in customer satisfaction from citizen complainants since his staff has gotten overwhelmed with the caseload increase.
Independent Review Officer Jay Rowland's staff of investigators is stretched to the extreme with citizen complaints against police, which have increased more than 70 percent in less than a decade.
The two investigators he has, Rowland says, simply aren't enough to handle the caseload.
With Rowland handling administrative duties for the office and reviewing complaints, two investigators have had to look into 271 citizen complaints during the first nine months of this year.
Rowland says he expects last year's record total of 307 complaints to be eclipsed by as many as 50 in 2005. And fewer than 50 percent of those are being handled by the IRO staff— an all-time low. APD'S Internal Affairs division investigates the remainder.
"The fewer cases investigated by my staff has an adverse effect on the entire system," Rowland said in an interview. "The system was put in place to have independent investigations of citizen complaints, not for me to review Internal Affairs investigations.
"It comes down to what percentage of cases do the mayor and City Council want us to investigate. That percentage is getting smaller and smaller."
He's been asking the city for an additional investigator for three years.
Now, the office will ask for two, Police Oversight Commission Chairman Chairman Michael Cook wrote in an Aug. 4 letter to Mayor Martin Chávez.
To make the request official, Rowland sent a letter dated Oct. 14 to Gail Reese, the city's chief financial officer.
Reese in an interview acknowledged that the IRO's workload has exploded— from 196 cases in 1999 to the expected 350 this year— and more investigators are needed.
She said two new investigators would cost about $140,000.
"I'll have to find a place to fund that if (Rowland) wants it done by July 1," when the new fiscal year begins, Reese said.
In his letter, Rowland detailed another reason he needs help.
He cited a drop in customer satisfaction from citizen complainants since his staff has gotten overwhelmed with the caseload increase.
Wednesday, October 19, 2005
Teen Shocked By Taser to Sue Cops
By Jeremy Pawloski, Journal Staff Writer
The family of a 16-year-old boy who is accused of battering a police officer during a Frito pie food fight at Capital High School Oct. 5 will sue the Santa Fe Police Department for repeatedly shocking the teen with a Taser gun during the incident.
Sheri Raphaelson, 16-year-old Nick Mendoza's civil attorney, also said that at least one of the police officers who shocked Mendoza with a Taser during the incident called Mendoza a "mojado," or wetback.
Raphaelson said that Mendoza was shocked five times, and at least two of the Taser shocks came after Mendoza had already been handcuffed.
"There is no legal or ethical justification for Tasing this child after he was handcuffed and completely under the officers' control," Raphaelson said. "Tasing the child at that point could only have been for the amusement of the police officers."
City, state and county officers were called to Capital High Oct. 5 after students started throwing Frito pie at one another, leading to a disturbance that police said involved as many as 200 students. A security guard was treated for a mild concussion after he was hit in the head with a large object, possibly a bottle or rock.
Mendoza is charged in Santa Fe Children's Court with battery against a police officer and resisting arrest.
Prosecutor Heidi Zoyhofski said one police detective has already told a judge that when police responded at Capital High School, Mendoza was "trying to grab an officer around the waist, trying to body slam him to the ground."
Zoyhofski also noted that Mendoza has seven referrals to juvenile court for various juvenile offenses, and four of them are "for battery-type offenses."
Raphaelson said it is unfortunate that Mendoza is the only one who was charged in the aftermath of the Frito pie food fight, particularly in light of the fact that Mendoza was not even involved.
"He wasn't even in the cafeteria at the time of the food fight," Raphaelson said.
Santa Fe City Attorney Bruce Thompson said Tuesday he was not aware of the potential for litigation against the police department for shocking Mendoza, and so he did not have an immediate comment.
Santa Fe Deputy Police Chief Eric Johnson has said police who responded to the food fight "acted within our policy and procedure."
Mark Dickson, Mendoza's Children's Court attorney, said Tuesday, "It's unfortunate that Nick was Tased."
Dickson was present during a Tuesday hearing to decide whether Mendoza would be released from a juvenile detention facility pending the outcome of his charges.
Dickson added that Mendoza "is not a large adolescent by any means."
Zoyhofski said during Tuesday's hearing that Mendoza is a documented gang member, but Dickson denied that Mendoza is a member of any gang.
Raphaelson said the reason police paid any attention to Mendoza at all is because he had responded to other students who were yelling "mojado" at him.
Santa Fe District Judge Michael Vigil ruled that Mendoza must remain in custody until a juvenile hearing to be held Monday morning before Santa Fe Children's Court Judge Barbara Vigil.
During Monday's hearing, school officials will have already met to decide what Mendoza's school status will be, and that is an outcome that Judge Michael Vigil said he wants Judge Barbara Vigil to have at her disposal before she makes a ruling on whether he should remain in custody.
Raphaelson said that because Mendoza is a special education student, it is unlikely that he will be suspended from Capital High. If a school district suspends a special education student, that school district must pay to educate the student at home, under an individualized education plan.
The family of a 16-year-old boy who is accused of battering a police officer during a Frito pie food fight at Capital High School Oct. 5 will sue the Santa Fe Police Department for repeatedly shocking the teen with a Taser gun during the incident.
Sheri Raphaelson, 16-year-old Nick Mendoza's civil attorney, also said that at least one of the police officers who shocked Mendoza with a Taser during the incident called Mendoza a "mojado," or wetback.
Raphaelson said that Mendoza was shocked five times, and at least two of the Taser shocks came after Mendoza had already been handcuffed.
"There is no legal or ethical justification for Tasing this child after he was handcuffed and completely under the officers' control," Raphaelson said. "Tasing the child at that point could only have been for the amusement of the police officers."
City, state and county officers were called to Capital High Oct. 5 after students started throwing Frito pie at one another, leading to a disturbance that police said involved as many as 200 students. A security guard was treated for a mild concussion after he was hit in the head with a large object, possibly a bottle or rock.
Mendoza is charged in Santa Fe Children's Court with battery against a police officer and resisting arrest.
Prosecutor Heidi Zoyhofski said one police detective has already told a judge that when police responded at Capital High School, Mendoza was "trying to grab an officer around the waist, trying to body slam him to the ground."
Zoyhofski also noted that Mendoza has seven referrals to juvenile court for various juvenile offenses, and four of them are "for battery-type offenses."
Raphaelson said it is unfortunate that Mendoza is the only one who was charged in the aftermath of the Frito pie food fight, particularly in light of the fact that Mendoza was not even involved.
"He wasn't even in the cafeteria at the time of the food fight," Raphaelson said.
Santa Fe City Attorney Bruce Thompson said Tuesday he was not aware of the potential for litigation against the police department for shocking Mendoza, and so he did not have an immediate comment.
Santa Fe Deputy Police Chief Eric Johnson has said police who responded to the food fight "acted within our policy and procedure."
Mark Dickson, Mendoza's Children's Court attorney, said Tuesday, "It's unfortunate that Nick was Tased."
Dickson was present during a Tuesday hearing to decide whether Mendoza would be released from a juvenile detention facility pending the outcome of his charges.
Dickson added that Mendoza "is not a large adolescent by any means."
Zoyhofski said during Tuesday's hearing that Mendoza is a documented gang member, but Dickson denied that Mendoza is a member of any gang.
Raphaelson said the reason police paid any attention to Mendoza at all is because he had responded to other students who were yelling "mojado" at him.
Santa Fe District Judge Michael Vigil ruled that Mendoza must remain in custody until a juvenile hearing to be held Monday morning before Santa Fe Children's Court Judge Barbara Vigil.
During Monday's hearing, school officials will have already met to decide what Mendoza's school status will be, and that is an outcome that Judge Michael Vigil said he wants Judge Barbara Vigil to have at her disposal before she makes a ruling on whether he should remain in custody.
Raphaelson said that because Mendoza is a special education student, it is unlikely that he will be suspended from Capital High. If a school district suspends a special education student, that school district must pay to educate the student at home, under an individualized education plan.
Teen Shocked By Taser to Sue Cops
By Jeremy Pawloski , Journal Staff Writer
The family of a 16-year-old boy who is accused of battering a police officer during a Frito pie food fight at Capital High School Oct. 5 will sue the Santa Fe Police Department for repeatedly shocking the teen with a Taser gun during the incident.
Sheri Raphaelson, 16-year-old Nick Mendoza's civil attorney, also said that at least one of the police officers who shocked Mendoza with a Taser during the incident called Mendoza a "mojado," or wetback.
Raphaelson said that Mendoza was shocked five times, and at least two of the Taser shocks came after Mendoza had already been handcuffed.
"There is no legal or ethical justification for Tasing this child after he was handcuffed and completely under the officers' control," Raphaelson said. "Tasing the child at that point could only have been for the amusement of the police officers."
City, state and county officers were called to Capital High Oct. 5 after students started throwing Frito pie at one another, leading to a disturbance that police said involved as many as 200 students. A security guard was treated for a mild concussion after he was hit in the head with a large object, possibly a bottle or rock.
Mendoza is charged in Santa Fe Children's Court with battery against a police officer and resisting arrest.
Prosecutor Heidi Zoyhofski said one police detective has already told a judge that when police responded at Capital High School, Mendoza was "trying to grab an officer around the waist, trying to body slam him to the ground."
Zoyhofski also noted that Mendoza has seven referrals to juvenile court for various juvenile offenses, and four of them are "for battery-type offenses."
Raphaelson said it is unfortunate that Mendoza is the only one who was charged in the aftermath of the Frito pie food fight, particularly in light of the fact that Mendoza was not even involved.
"He wasn't even in the cafeteria at the time of the food fight," Raphaelson said.
Santa Fe City Attorney Bruce Thompson said Tuesday he was not aware of the potential for litigation against the police department for shocking Mendoza, and so he did not have an immediate comment.
Santa Fe Deputy Police Chief Eric Johnson has said police who responded to the food fight "acted within our policy and procedure."
Mark Dickson, Mendoza's Children's Court attorney, said Tuesday, "It's unfortunate that Nick was Tased."
Dickson was present during a Tuesday hearing to decide whether Mendoza would be released from a juvenile detention facility pending the outcome of his charges.
Dickson added that Mendoza "is not a large adolescent by any means."
Zoyhofski said during Tuesday's hearing that Mendoza is a documented gang member, but Dickson denied that Mendoza is a member of any gang.
Raphaelson said the reason police paid any attention to Mendoza at all is because he had responded to other students who were yelling "mojado" at him.
Santa Fe District Judge Michael Vigil ruled that Mendoza must remain in custody until a juvenile hearing to be held Monday morning before Santa Fe Children's Court Judge Barbara Vigil.
During Monday's hearing, school officials will have already met to decide what Mendoza's school status will be, and that is an outcome that Judge Michael Vigil said he wants Judge Barbara Vigil to have at her disposal before she makes a ruling on whether he should remain in custody.
Raphaelson said that because Mendoza is a special education student, it is unlikely that he will be suspended from Capital High. If a school district suspends a special education student, that school district must pay to educate the student at home, under an individualized education plan.
The family of a 16-year-old boy who is accused of battering a police officer during a Frito pie food fight at Capital High School Oct. 5 will sue the Santa Fe Police Department for repeatedly shocking the teen with a Taser gun during the incident.
Sheri Raphaelson, 16-year-old Nick Mendoza's civil attorney, also said that at least one of the police officers who shocked Mendoza with a Taser during the incident called Mendoza a "mojado," or wetback.
Raphaelson said that Mendoza was shocked five times, and at least two of the Taser shocks came after Mendoza had already been handcuffed.
"There is no legal or ethical justification for Tasing this child after he was handcuffed and completely under the officers' control," Raphaelson said. "Tasing the child at that point could only have been for the amusement of the police officers."
City, state and county officers were called to Capital High Oct. 5 after students started throwing Frito pie at one another, leading to a disturbance that police said involved as many as 200 students. A security guard was treated for a mild concussion after he was hit in the head with a large object, possibly a bottle or rock.
Mendoza is charged in Santa Fe Children's Court with battery against a police officer and resisting arrest.
Prosecutor Heidi Zoyhofski said one police detective has already told a judge that when police responded at Capital High School, Mendoza was "trying to grab an officer around the waist, trying to body slam him to the ground."
Zoyhofski also noted that Mendoza has seven referrals to juvenile court for various juvenile offenses, and four of them are "for battery-type offenses."
Raphaelson said it is unfortunate that Mendoza is the only one who was charged in the aftermath of the Frito pie food fight, particularly in light of the fact that Mendoza was not even involved.
"He wasn't even in the cafeteria at the time of the food fight," Raphaelson said.
Santa Fe City Attorney Bruce Thompson said Tuesday he was not aware of the potential for litigation against the police department for shocking Mendoza, and so he did not have an immediate comment.
Santa Fe Deputy Police Chief Eric Johnson has said police who responded to the food fight "acted within our policy and procedure."
Mark Dickson, Mendoza's Children's Court attorney, said Tuesday, "It's unfortunate that Nick was Tased."
Dickson was present during a Tuesday hearing to decide whether Mendoza would be released from a juvenile detention facility pending the outcome of his charges.
Dickson added that Mendoza "is not a large adolescent by any means."
Zoyhofski said during Tuesday's hearing that Mendoza is a documented gang member, but Dickson denied that Mendoza is a member of any gang.
Raphaelson said the reason police paid any attention to Mendoza at all is because he had responded to other students who were yelling "mojado" at him.
Santa Fe District Judge Michael Vigil ruled that Mendoza must remain in custody until a juvenile hearing to be held Monday morning before Santa Fe Children's Court Judge Barbara Vigil.
During Monday's hearing, school officials will have already met to decide what Mendoza's school status will be, and that is an outcome that Judge Michael Vigil said he wants Judge Barbara Vigil to have at her disposal before she makes a ruling on whether he should remain in custody.
Raphaelson said that because Mendoza is a special education student, it is unlikely that he will be suspended from Capital High. If a school district suspends a special education student, that school district must pay to educate the student at home, under an individualized education plan.
Tuesday, October 18, 2005
Canine shot for attacking police officer
By Maggie Shepard, Albuquerque Tribune
A Bernalillo County sheriff's canine apparently mistook a deputy for a fleeing armed robbery suspect, and the error cost the dog its life.
The deputy shot the dog to get it off her deeply punctured arm about 11 a.m. Monday, department spokeswoman Erin Kinnard said.
Deputy Heather Schreckendgust underwent surgery for her arm injury Monday afternoon. Kinnard said the deputy's prognosis wasn't clear.
Schreckendgust was guarding a stash of stolen items while other deputies and canine units searched the ditch banks and surrounding areas near Le Avenue and Isleta Boulevard Southwest in the South Valley.
Kinnard said deputies were looking for suspects in a stabbing call at the Malpais Chevron gas station at Isleta Boulevard and Malpais Road Southwest. Deputies chased the car along a ditch, where it crashed and two of three suspects were apprehended, Kinnard said.
A third suspect was caught about 8 p.m.
Schreckendgust was monitoring a pile of stolen goods when the canine, Bart, emerged from foliage and bit her arm, Undersheriff Sal Baragiola said. She fired three shots and the dog died instantly.
Bart's handler, Deputy Larry Harlan was about 10 seconds behind his dog when he heard calls for help, Baragiola said.
Baragiola said it isn't unusual for dogs to bite suspects, but they routinely ignore deputies.
Schreckendgust was in plainclothes and possibly an official jacket, Kinnard said.
"Was that a factor? We don't know. We just don't know what made him bite her," Baragiola said.
Bart, a Belgian Malinois, was about 6 years old and has spent about four years on the force. Kinnard said the dog's actions are the subject of one pending lawsuit against the department.
She said it is just a coincidence that his name is the same as an Albuquerque Police Department canine that has been named in lawsuits for excessive biting.
The dog's death leaves the department with four canines.
A Bernalillo County sheriff's canine apparently mistook a deputy for a fleeing armed robbery suspect, and the error cost the dog its life.
The deputy shot the dog to get it off her deeply punctured arm about 11 a.m. Monday, department spokeswoman Erin Kinnard said.
Deputy Heather Schreckendgust underwent surgery for her arm injury Monday afternoon. Kinnard said the deputy's prognosis wasn't clear.
Schreckendgust was guarding a stash of stolen items while other deputies and canine units searched the ditch banks and surrounding areas near Le Avenue and Isleta Boulevard Southwest in the South Valley.
Kinnard said deputies were looking for suspects in a stabbing call at the Malpais Chevron gas station at Isleta Boulevard and Malpais Road Southwest. Deputies chased the car along a ditch, where it crashed and two of three suspects were apprehended, Kinnard said.
A third suspect was caught about 8 p.m.
Schreckendgust was monitoring a pile of stolen goods when the canine, Bart, emerged from foliage and bit her arm, Undersheriff Sal Baragiola said. She fired three shots and the dog died instantly.
Bart's handler, Deputy Larry Harlan was about 10 seconds behind his dog when he heard calls for help, Baragiola said.
Baragiola said it isn't unusual for dogs to bite suspects, but they routinely ignore deputies.
Schreckendgust was in plainclothes and possibly an official jacket, Kinnard said.
"Was that a factor? We don't know. We just don't know what made him bite her," Baragiola said.
Bart, a Belgian Malinois, was about 6 years old and has spent about four years on the force. Kinnard said the dog's actions are the subject of one pending lawsuit against the department.
She said it is just a coincidence that his name is the same as an Albuquerque Police Department canine that has been named in lawsuits for excessive biting.
The dog's death leaves the department with four canines.
Wednesday, October 12, 2005
Ex-Cop Raises ID Issue In Case
Wednesday, October 12, 2005
By Scott Sandlin, Journal Staff Writer
An ex-cop accused of multiple assaults, sexual and otherwise, while on duty is raising questions about faulty police eyewitness identifications in the criminal case against him.
Christopher Chase contends bad eyewitness identifications resulting from poor techniques, including photo arrays, have been blamed for dozens of wrongful convictions nationwide.
Chase, 31, was charged in June 2003 by a Bernalillo County grand jury with 32 counts of criminal sexual penetration, battery, assault and kidnapping. The alleged incidents occurred while he was a uniformed officer in the Albuquerque Police Department.
But more than two years later, the criminal charges and four civil lawsuits remain up in the air. Chase, meanwhile, has been free on bond.
Chase is long gone from APD; he was fired in the wake of the investigation and resulting criminal case. But the city continues to pay his defense in the remaining civil lawsuits by the same alleged victims named in the criminal case.
Two civil suits have been resolved at trial in federal court. In one, the city paid $10,000 after a summary trial in favor of the plaintiff, who was a teenager at the time Chase allegedly hit him in the head with a flashlight.
In the other, a jury returned a $943,380 verdict against Chase to a woman who said she'd been raped by Chase. Chase repeatedly invoked his Fifth Amendment right not to testify in that case. The verdict, along with $150,000 in attorney fees awarded by the court, has been appealed.
Chase's criminal trial is set for Dec. 12 before Judge Denise Barela Shepherd. Chase has spent the better part of the past two weeks in state district court on pretrial issues raised in that case— primarily defense attorney Jacquelyn Robins' contention that her client was wrongfully identified during the police investigation.
Robins, citing a growing body of research, is calling into question what she claims are flawed photo array techniques used in identifying suspects. Robins plans to call Roy Malpass of the University of Texas at El Paso, a criminal justice expert in the field, to testify. The prosecution has requested that his testimony be excluded as confusing and unnecessary.
Lawyers in the federal lawsuit brought by alleged victim Kelly Ham make a similar argument. They say Ham was unable to identify Chase as the person who assaulted her "even when presented with defendant Chase in the courtroom."
Assistant District Attorney Michael Fricke countered that Chase's alleged victims "had many minutes or more to observe (him)," including one woman allegedly assaulted twice, each incident separated by five months.
Despite minor differences in the eyewitness descriptions, each provided similar characteristics, Fricke argued, saying it was a question for a jury to decide.
But Robins also has asked Shepherd to carve up the case into discrete groupings according to the date of the alleged incidents, and Chase's three city-paid civil attorneys want the same on the civil side.
"Chase will demonstrate that he will be prejudiced by a joint trial of all 32 counts and that the court must order separate trials," Robins said in a pleading.
The civil attorneys say evidence of alleged assaults against people other than the plaintiff can't be admitted because it is tenuous, prejudicial and cumulative.
Brad Hall, who represents plaintiffs in three pending federal cases set for separate trials starting in March, calls that argument "non-sensical."
"Chase has been adequately identified ... Detective Monte Curtis investigated the claims and identified Chase as the perpetrator ... If he was not the perpetrator, why did he 'take the Fifth'?" Hall said in the Ham case.
By Scott Sandlin, Journal Staff Writer
An ex-cop accused of multiple assaults, sexual and otherwise, while on duty is raising questions about faulty police eyewitness identifications in the criminal case against him.
Christopher Chase contends bad eyewitness identifications resulting from poor techniques, including photo arrays, have been blamed for dozens of wrongful convictions nationwide.
Chase, 31, was charged in June 2003 by a Bernalillo County grand jury with 32 counts of criminal sexual penetration, battery, assault and kidnapping. The alleged incidents occurred while he was a uniformed officer in the Albuquerque Police Department.
But more than two years later, the criminal charges and four civil lawsuits remain up in the air. Chase, meanwhile, has been free on bond.
Chase is long gone from APD; he was fired in the wake of the investigation and resulting criminal case. But the city continues to pay his defense in the remaining civil lawsuits by the same alleged victims named in the criminal case.
Two civil suits have been resolved at trial in federal court. In one, the city paid $10,000 after a summary trial in favor of the plaintiff, who was a teenager at the time Chase allegedly hit him in the head with a flashlight.
In the other, a jury returned a $943,380 verdict against Chase to a woman who said she'd been raped by Chase. Chase repeatedly invoked his Fifth Amendment right not to testify in that case. The verdict, along with $150,000 in attorney fees awarded by the court, has been appealed.
Chase's criminal trial is set for Dec. 12 before Judge Denise Barela Shepherd. Chase has spent the better part of the past two weeks in state district court on pretrial issues raised in that case— primarily defense attorney Jacquelyn Robins' contention that her client was wrongfully identified during the police investigation.
Robins, citing a growing body of research, is calling into question what she claims are flawed photo array techniques used in identifying suspects. Robins plans to call Roy Malpass of the University of Texas at El Paso, a criminal justice expert in the field, to testify. The prosecution has requested that his testimony be excluded as confusing and unnecessary.
Lawyers in the federal lawsuit brought by alleged victim Kelly Ham make a similar argument. They say Ham was unable to identify Chase as the person who assaulted her "even when presented with defendant Chase in the courtroom."
Assistant District Attorney Michael Fricke countered that Chase's alleged victims "had many minutes or more to observe (him)," including one woman allegedly assaulted twice, each incident separated by five months.
Despite minor differences in the eyewitness descriptions, each provided similar characteristics, Fricke argued, saying it was a question for a jury to decide.
But Robins also has asked Shepherd to carve up the case into discrete groupings according to the date of the alleged incidents, and Chase's three city-paid civil attorneys want the same on the civil side.
"Chase will demonstrate that he will be prejudiced by a joint trial of all 32 counts and that the court must order separate trials," Robins said in a pleading.
The civil attorneys say evidence of alleged assaults against people other than the plaintiff can't be admitted because it is tenuous, prejudicial and cumulative.
Brad Hall, who represents plaintiffs in three pending federal cases set for separate trials starting in March, calls that argument "non-sensical."
"Chase has been adequately identified ... Detective Monte Curtis investigated the claims and identified Chase as the perpetrator ... If he was not the perpetrator, why did he 'take the Fifth'?" Hall said in the Ham case.
Thursday, September 15, 2005
Board Won't Rule In Police Abuse
By Jeff Proctor, Journal Staff Writer
Jay Rowland, Albuquerque's top police watchdog, found himself in an unfamiliar position earlier this year when he saw an APD officer kick a homeless man "for absolutely no reason."
Rowland filed a citizen complaint against the officer, who was not named, in the Jan. 7 incident, alleging excessive force.
Police Chief Ray Schultz agreed with Rowland that the officer used poor judgment but ruled that there was not enough evidence to sustain the excessive force complaint.
At its monthly meeting last week, the Police Oversight Commission heard Rowland's and APD's versions of the incident but declined to rule on the case, citing conflict of interest. The case will be decided by the city Chief Administrative Officer James Lewis.
Rowland normally investigates citizen complaints, makes a ruling, then reports to the commission.
According to Rowland:
The officer got out of his car— on First SE, near the Century Downtown movie theater— and began talking to a man who "looked homeless."
"I couldn't hear the conversation, but I heard the officer say 'curb,' '' Rowland said. "He then kicked the man so hard he almost fell down. ... The man kept saying, 'But you didn't have to kick me.' ''
Rowland did not approach the officer at the time, instead deciding to go to the movies with his daughter and son-in-law.
Rowland's daughter and son-in-law also testified they believe the officer used excessive force in the incident.
According to APD Lt. Matt Suazo, who investigated the case for the department's internal affairs division:
A woman had flagged the officer down and reported that a pair of transient men were throwing rocks at buses.
One of the men tried to flee, and the officer apprehended him. After the man tried twice more to get away, the officer "did grab him by the shoulder and strike him, but only enough to gain compliance," Suazo said.
The officer did not cuff the man, nor did he write an incident report, Suazo said.
"Both of those things should have been done, and he was disciplined appropriately," he said.
Rowland contends the man was "in no shape to run, so he wasn't going to escape."
"Maybe handcuff him," Rowland said. "But there are other things to do besides a kick of the magnitude I saw."
Jay Rowland, Albuquerque's top police watchdog, found himself in an unfamiliar position earlier this year when he saw an APD officer kick a homeless man "for absolutely no reason."
Rowland filed a citizen complaint against the officer, who was not named, in the Jan. 7 incident, alleging excessive force.
Police Chief Ray Schultz agreed with Rowland that the officer used poor judgment but ruled that there was not enough evidence to sustain the excessive force complaint.
At its monthly meeting last week, the Police Oversight Commission heard Rowland's and APD's versions of the incident but declined to rule on the case, citing conflict of interest. The case will be decided by the city Chief Administrative Officer James Lewis.
Rowland normally investigates citizen complaints, makes a ruling, then reports to the commission.
According to Rowland:
The officer got out of his car— on First SE, near the Century Downtown movie theater— and began talking to a man who "looked homeless."
"I couldn't hear the conversation, but I heard the officer say 'curb,' '' Rowland said. "He then kicked the man so hard he almost fell down. ... The man kept saying, 'But you didn't have to kick me.' ''
Rowland did not approach the officer at the time, instead deciding to go to the movies with his daughter and son-in-law.
Rowland's daughter and son-in-law also testified they believe the officer used excessive force in the incident.
According to APD Lt. Matt Suazo, who investigated the case for the department's internal affairs division:
A woman had flagged the officer down and reported that a pair of transient men were throwing rocks at buses.
One of the men tried to flee, and the officer apprehended him. After the man tried twice more to get away, the officer "did grab him by the shoulder and strike him, but only enough to gain compliance," Suazo said.
The officer did not cuff the man, nor did he write an incident report, Suazo said.
"Both of those things should have been done, and he was disciplined appropriately," he said.
Rowland contends the man was "in no shape to run, so he wasn't going to escape."
"Maybe handcuff him," Rowland said. "But there are other things to do besides a kick of the magnitude I saw."
Wednesday, September 14, 2005
Tic Tacs Apology Offered
By Andrea Schoellkopf, Journal Staff Writer
An off-duty police officer was reprimanded for not following procedure when he searched a middle school student accused of having drugs on the bus.
It turned out that the student only had a box of Tic Tacs.
The family of Scott Mills, now a Taylor Middle School eighth-grader, also has received a written apology from Albuquerque Police Chief Raymond Schultz after an investigation by the city's Independent Review Office.
"A preponderance of the evidence convinces that the off-duty officer should have called dispatch and either requested an on-duty officer to handle this issue or informed an on-duty officer what he was doing," independent review officer Jay Rowland said in the Sept. 8 letter to Joan Waters, an attorney for the Mills family.
Scott Mills had been ordered off a school bus and searched by an off-duty, out-of-uniform police officer, Rudy Llamas, after another student accused him of having drugs, though he had been sharing candy with friends.
His parents filed a lawsuit after failed attempts to learn the identity of the officer and the circumstances surrounding the search. The lawsuit alleged unreasonable search and seizure, excessive force, negligent hiring and supervision, negligence and defamation.
The Mills family announced last week that they planned to drop their lawsuit after the city began cooperating with them. They had reached a settlement with the bus company, Durham D&M, earlier this summer.
Waters said Monday while the police investigation supports the family's claim, they have no wish to pursue litigation and she doesn't believe Scott's constitutional rights were violated.
"The system works," Waters said. "And as an attorney, I'm pretty jaded. I had heard good things about the police chief and they're all true."
Arlette Mills said Tuesday she was "elated" to receive the letters from the city— which had both been written and mailed prior to the family dropping the lawsuit.
"I am glad that somebody got it," Mills said, "and they're going to fix it so it doesn't happen to the next person.
"I basically got an apology, I never thought I would get."
Schultz had written a letter Sept. 7 to the Mills family, indicating the officer had been disciplined in the matter and it would be noted in his permanent record.
"I would like to thank you for bringing this matter to our attention," Schultz wrote. "It is unfortunate that you had an unfavorable experience with a member of the Albuquerque Police Department; however, I would hope that this one incident does not taint your total impression of the department."
Rowland's letter said the investigation was made based on the complaint and an interview by the officer.
"In my opinion, there was no probable cause for a search for drugs, even a minor stop and frisk for drugs," Rowland said. "But I do not believe the officer should be disciplined under these circumstances for an illegal search."
Such a search, he said, would be acceptable on school grounds where the rules are "quite relaxed" on searches of children.
But he recommended that the police— in the future— require reports of all searches, pat downs or any touching of a minor.
The Mills family also had written the city with a similar request.
Rowland's letter also detailed the circumstances of the search.
According to the letter, Llamas was off-duty but driving a marked car. The bus driver— who had driven toward the police car— motioned for him to help her, telling him that two boys had marijuana.
The officer patted down both boys— found no drugs— and removed a case of Tic Tacs from Scott's pocket when he suspected a possible weapon.
A middle school girl riding the bus told the officer the drugs were in the candy case, but the officer determined there were no drugs.
An off-duty police officer was reprimanded for not following procedure when he searched a middle school student accused of having drugs on the bus.
It turned out that the student only had a box of Tic Tacs.
The family of Scott Mills, now a Taylor Middle School eighth-grader, also has received a written apology from Albuquerque Police Chief Raymond Schultz after an investigation by the city's Independent Review Office.
"A preponderance of the evidence convinces that the off-duty officer should have called dispatch and either requested an on-duty officer to handle this issue or informed an on-duty officer what he was doing," independent review officer Jay Rowland said in the Sept. 8 letter to Joan Waters, an attorney for the Mills family.
Scott Mills had been ordered off a school bus and searched by an off-duty, out-of-uniform police officer, Rudy Llamas, after another student accused him of having drugs, though he had been sharing candy with friends.
His parents filed a lawsuit after failed attempts to learn the identity of the officer and the circumstances surrounding the search. The lawsuit alleged unreasonable search and seizure, excessive force, negligent hiring and supervision, negligence and defamation.
The Mills family announced last week that they planned to drop their lawsuit after the city began cooperating with them. They had reached a settlement with the bus company, Durham D&M, earlier this summer.
Waters said Monday while the police investigation supports the family's claim, they have no wish to pursue litigation and she doesn't believe Scott's constitutional rights were violated.
"The system works," Waters said. "And as an attorney, I'm pretty jaded. I had heard good things about the police chief and they're all true."
Arlette Mills said Tuesday she was "elated" to receive the letters from the city— which had both been written and mailed prior to the family dropping the lawsuit.
"I am glad that somebody got it," Mills said, "and they're going to fix it so it doesn't happen to the next person.
"I basically got an apology, I never thought I would get."
Schultz had written a letter Sept. 7 to the Mills family, indicating the officer had been disciplined in the matter and it would be noted in his permanent record.
"I would like to thank you for bringing this matter to our attention," Schultz wrote. "It is unfortunate that you had an unfavorable experience with a member of the Albuquerque Police Department; however, I would hope that this one incident does not taint your total impression of the department."
Rowland's letter said the investigation was made based on the complaint and an interview by the officer.
"In my opinion, there was no probable cause for a search for drugs, even a minor stop and frisk for drugs," Rowland said. "But I do not believe the officer should be disciplined under these circumstances for an illegal search."
Such a search, he said, would be acceptable on school grounds where the rules are "quite relaxed" on searches of children.
But he recommended that the police— in the future— require reports of all searches, pat downs or any touching of a minor.
The Mills family also had written the city with a similar request.
Rowland's letter also detailed the circumstances of the search.
According to the letter, Llamas was off-duty but driving a marked car. The bus driver— who had driven toward the police car— motioned for him to help her, telling him that two boys had marijuana.
The officer patted down both boys— found no drugs— and removed a case of Tic Tacs from Scott's pocket when he suspected a possible weapon.
A middle school girl riding the bus told the officer the drugs were in the candy case, but the officer determined there were no drugs.
Tuesday, September 13, 2005
Child Molestation Charges Dropped Against Former Police Officer
Associated Press
AZTEC — Child molestation charges have been dropped against a former Bloomfield police officer because of a lack of evidence, the district attorney's office said.
"The things we had to prove, we didn't think they had the evidence to move forward,'' said Deputy District Attorney Terry Walker.
Joseph Goodman, 54, had been charged with two counts of criminal sexual contact of a minor and one of criminal sexual contact of a minor.
The 11-year-old daughter of a former girlfriend had accused him of touching her inappropriately while the mother was out of town on a family emergency last year, according to court documents.
Goodman resigned from the Bloomfield force in February 2004.
The district attorney's office began its investigation after Goodman's arrest earlier this year, but Walker said the office could not find enough to substantiate the allegations.
"Sometimes there's not sufficient evidence to support (a case),'' she said.
The charges were dropped last month.
AZTEC — Child molestation charges have been dropped against a former Bloomfield police officer because of a lack of evidence, the district attorney's office said.
"The things we had to prove, we didn't think they had the evidence to move forward,'' said Deputy District Attorney Terry Walker.
Joseph Goodman, 54, had been charged with two counts of criminal sexual contact of a minor and one of criminal sexual contact of a minor.
The 11-year-old daughter of a former girlfriend had accused him of touching her inappropriately while the mother was out of town on a family emergency last year, according to court documents.
Goodman resigned from the Bloomfield force in February 2004.
The district attorney's office began its investigation after Goodman's arrest earlier this year, but Walker said the office could not find enough to substantiate the allegations.
"Sometimes there's not sufficient evidence to support (a case),'' she said.
The charges were dropped last month.
Sunday, August 21, 2005
N.M. Officers Suing Taser Firm
The Associated Press
PHOENIX— Police officers in New Mexico and four other states have filed lawsuits against Arizona-based Taser International Inc., claiming they were seriously injured after being shocked with the electronic stun gun during training classes.
All of the lawsuits have been filed in the past two weeks, including four in Maricopa County Superior Court here on behalf of officers in Florida, Kansas, New Mexico and Ohio.
The officers allege they suffered "severe and permanent" injuries, including multiple spinal fractures, burns, a shoulder dislocation and soft-tissue injuries.
The lawsuits challenge Taser's principal safety claim and accuse the company of misleading law enforcement about the extent of potential injuries. They also accuse company officials of concealing reports of injuries to at least a dozen other law enforcement officers.
Taser, based in Scottsdale, has marketed the weapons to 7,000 law enforcement agencies and promoted the gun's safety.
The devices temporarily paralyze people with a 50,000-volt jolt delivered by two barbed darts that can penetrate clothing.
The American Civil Liberties Union reports more than 130 deaths in the United States related to Tasers, while Amnesty International reports more than 120 deaths in the U.S. and Canada— both figures since June 2001.
Taser International has consistently denied that its products are to blame in the deaths, arguing that none have been directly linked to Tasers.
The company also contends Tasers have saved thousands of lives— suspects who might otherwise have been fatally shot by police.
In a statement Friday, Taser vice president Steve Tuttle said the company planned to "aggressively fight" all of the lawsuits.
In their lawsuits, the officers allege they were injured in training classes between August 2003 and October 2004.
They say that Taser instructors did not reveal any medical information suggesting that the guns could cause injuries and they claim the company has ignored important research suggesting the guns could be extremely dangerous, if not fatal.
PHOENIX— Police officers in New Mexico and four other states have filed lawsuits against Arizona-based Taser International Inc., claiming they were seriously injured after being shocked with the electronic stun gun during training classes.
All of the lawsuits have been filed in the past two weeks, including four in Maricopa County Superior Court here on behalf of officers in Florida, Kansas, New Mexico and Ohio.
The officers allege they suffered "severe and permanent" injuries, including multiple spinal fractures, burns, a shoulder dislocation and soft-tissue injuries.
The lawsuits challenge Taser's principal safety claim and accuse the company of misleading law enforcement about the extent of potential injuries. They also accuse company officials of concealing reports of injuries to at least a dozen other law enforcement officers.
Taser, based in Scottsdale, has marketed the weapons to 7,000 law enforcement agencies and promoted the gun's safety.
The devices temporarily paralyze people with a 50,000-volt jolt delivered by two barbed darts that can penetrate clothing.
The American Civil Liberties Union reports more than 130 deaths in the United States related to Tasers, while Amnesty International reports more than 120 deaths in the U.S. and Canada— both figures since June 2001.
Taser International has consistently denied that its products are to blame in the deaths, arguing that none have been directly linked to Tasers.
The company also contends Tasers have saved thousands of lives— suspects who might otherwise have been fatally shot by police.
In a statement Friday, Taser vice president Steve Tuttle said the company planned to "aggressively fight" all of the lawsuits.
In their lawsuits, the officers allege they were injured in training classes between August 2003 and October 2004.
They say that Taser instructors did not reveal any medical information suggesting that the guns could cause injuries and they claim the company has ignored important research suggesting the guns could be extremely dangerous, if not fatal.
Saturday, August 6, 2005
All City Officers to Carry TASERs
By Joshua Akers, Journal Staff Writer
Every police officer working the streets in Rio Rancho will soon have a TASER.
The Department of Public Safety is ordering 28 new TASERs with money it received from a federal grant.
Rio Rancho received $23,107 from the Bureau of Justice Assistance to purchase the TASERs. Each costs just over $800.
The city plans to use an additional $2,107 from forfeited drug funds to purchase five cases of TASER cartridges and pay for training on the weapon.
Deputy Chief Steve Shaw said Friday that the TASER is one of the most effective weapons in the city's arsenal.
"It is the most effective less-than-lethal-force weapon we have available to us," Shaw said. "Not just for Rio Rancho, but in all law enforcement."
The TASER, which looks similar to a handgun, fires two metal probes into a suspect. Once the probes connect, a charge of electricity is sent through the connecting wires that immobilizes the person.
Rio Rancho officer Shelby Smith has trained DPS officers on TASER use for the past two years.
Smith said the modern TASER evolved from the early "stun guns," which were handheld.
"The stun gun was more of a pain weapon that a suspect with enough concentration or high pain threshold could fight through," Smith said. "The TASER is more effective because it mimics the electric impulses the brain sends to the muscle."
A five-second jolt from the TASER gives officers the opportunity to handcuff an unruly suspect, Shaw said.
DPS has seen the number of officer and suspect injuries drop since it began using the TASER in 2001, Shaw said.
"Prior to the use of the TASER, we would see a lot of officers with knee injuries or torn rotator cuffs and suspects with injuries that resulted in lawsuits against the city," Shaw said. "Since the TASER, I cannot recall the last injury we've seen from a confrontation with a subject."
As more and more law enforcement agencies have employed the TASER, some people have questioned the safety of the weapon.
Those questions were brought on by the deaths of some people after being shot by the TASER.
Shaw and Smith said there were other factors involved in those deaths beside the TASER.
"I don't think any of those incidents are directly attributable to the TASER," Shaw said. "With the people that died, there were other things going on like drugs."
Smith said officers who are trained to use TASERs are instructed to make a judgment call about when the TASER should be used.
The city hopes to have the majority of its officers trained to use the weapon by the end of this month.
TASERs will be distributed to field officers once they arrive.
Rio Rancho currently has 28 officers carrying TASERs. DPS has 20 TASERs ordered and plans to order the 28 to be paid for with the grant money as soon as the City Council approves a budget adjustment.
Shaw said when the TASERs arrive depends on the company's production schedule.
The council is scheduled to consider the budget adjustment at its meeting Sept. 14.
Every police officer working the streets in Rio Rancho will soon have a TASER.
The Department of Public Safety is ordering 28 new TASERs with money it received from a federal grant.
Rio Rancho received $23,107 from the Bureau of Justice Assistance to purchase the TASERs. Each costs just over $800.
The city plans to use an additional $2,107 from forfeited drug funds to purchase five cases of TASER cartridges and pay for training on the weapon.
Deputy Chief Steve Shaw said Friday that the TASER is one of the most effective weapons in the city's arsenal.
"It is the most effective less-than-lethal-force weapon we have available to us," Shaw said. "Not just for Rio Rancho, but in all law enforcement."
The TASER, which looks similar to a handgun, fires two metal probes into a suspect. Once the probes connect, a charge of electricity is sent through the connecting wires that immobilizes the person.
Rio Rancho officer Shelby Smith has trained DPS officers on TASER use for the past two years.
Smith said the modern TASER evolved from the early "stun guns," which were handheld.
"The stun gun was more of a pain weapon that a suspect with enough concentration or high pain threshold could fight through," Smith said. "The TASER is more effective because it mimics the electric impulses the brain sends to the muscle."
A five-second jolt from the TASER gives officers the opportunity to handcuff an unruly suspect, Shaw said.
DPS has seen the number of officer and suspect injuries drop since it began using the TASER in 2001, Shaw said.
"Prior to the use of the TASER, we would see a lot of officers with knee injuries or torn rotator cuffs and suspects with injuries that resulted in lawsuits against the city," Shaw said. "Since the TASER, I cannot recall the last injury we've seen from a confrontation with a subject."
As more and more law enforcement agencies have employed the TASER, some people have questioned the safety of the weapon.
Those questions were brought on by the deaths of some people after being shot by the TASER.
Shaw and Smith said there were other factors involved in those deaths beside the TASER.
"I don't think any of those incidents are directly attributable to the TASER," Shaw said. "With the people that died, there were other things going on like drugs."
Smith said officers who are trained to use TASERs are instructed to make a judgment call about when the TASER should be used.
The city hopes to have the majority of its officers trained to use the weapon by the end of this month.
TASERs will be distributed to field officers once they arrive.
Rio Rancho currently has 28 officers carrying TASERs. DPS has 20 TASERs ordered and plans to order the 28 to be paid for with the grant money as soon as the City Council approves a budget adjustment.
Shaw said when the TASERs arrive depends on the company's production schedule.
The council is scheduled to consider the budget adjustment at its meeting Sept. 14.
Thursday, July 28, 2005
Officer Accused Of Rape Is Fired
Around the Metro Area , Journal Staff Reports
An Albuquerque police officer accused of raping a 14-year-old girl was formally terminated Wednesday.
Shortly before his firing, officer Timothy Chavez and his attorney met with Police Chief Ray Schultz Wednesday to plead their case, which is required by APD policy.
After the meeting, Schultz reviewed the case against Chavez and then fired the undercover vice officer.
According to court records, Chavez was arrested May 24 on charges of kidnapping and sexual penetration stemming from allegations that he met the teenager on a telephone dating service and raped her inside her home.
Chavez was with the department for about 13 years.
An Albuquerque police officer accused of raping a 14-year-old girl was formally terminated Wednesday.
Shortly before his firing, officer Timothy Chavez and his attorney met with Police Chief Ray Schultz Wednesday to plead their case, which is required by APD policy.
After the meeting, Schultz reviewed the case against Chavez and then fired the undercover vice officer.
According to court records, Chavez was arrested May 24 on charges of kidnapping and sexual penetration stemming from allegations that he met the teenager on a telephone dating service and raped her inside her home.
Chavez was with the department for about 13 years.
Friday, July 22, 2005
APD Officer Named in Other Excessive Force Lawsuits
Associated Press
One of two Albuquerque police officers that a New York heart surgeon says roughed him up has been named in four federal lawsuits alleging excessive force.
Surgeon Vincent Moss, who is on a two-month sabbatical working at Gallup's Indian Medical Center, was arrested early Sunday on charges of disorderly conduct and refusing to obey an officer. He was released on $75 bond.
Moss contends two officers threw him to the ground, separating his shoulder, and falsely arrested him after he complained to a bar manager about not being served. He said he suspects he was badly treated because he's black.
The bar's manager said Moss was aggressive and officers acted appropriately.
Police Chief Ray Schultz has asked the city's independent review office to investigate.
One officer listed on the criminal complaint against Moss is Allen Hancock — one of two officers named in a 1998 federal lawsuit that alleged Hancock crushed a man's hand with his foot during a traffic stop, The Albuquerque Tribune reported Friday.
That man, who is black, settled for a "reasonable'' amount, said his attorney, Philip Davis.
The Tribune said Hancock was named in another 1998 federal lawsuit alleging he refused to let a Hispanic man tend his wife after her head was cut when she was knocked down by another officer. The lawsuit alleges Hancock made the man take four blood-alcohol tests that all were within the legal limit, so Hancock broke the device and charged the man with DWI.
The man was found not guilty, and the lawsuit was settled and dismissed in 1999. The Tribune said attorneys in the case could not confirm what the city paid.
Albuquerque police spokesman John Walsh said Hancock is a veteran SWAT officer and that SWAT officers often are the subjects of complaints given the high intensity of the situations where they're called.
Figures from the Albuquerque Police Oversight Commission said that in general, complaints against officers are rising.
Hancock is among numerous officers named in two pending federal lawsuits.
One, filed in March, accuses 15 Albuquerque officers of using excessive force during an anti-Iraq war protest in March 2003. It alleges they fired beanbag rounds, pepper spray and tear gas at the peaceful protesters.
Hancock is among 19 Albuquerque officers and four Rio Rancho police officers accused in a 2004 federal lawsuit of breaking into the home of an elderly women, her daughter and two teenage children to serve a search warrant.
The lawsuit alleges officers tossed in flash-bang grenades, pointed guns at the family, made abusive comments, handcuffed the elderly woman so tightly she was hospitalized and injured the other woman by stepping on her back.
Nothing was found at the home and no one was charged.
One of two Albuquerque police officers that a New York heart surgeon says roughed him up has been named in four federal lawsuits alleging excessive force.
Surgeon Vincent Moss, who is on a two-month sabbatical working at Gallup's Indian Medical Center, was arrested early Sunday on charges of disorderly conduct and refusing to obey an officer. He was released on $75 bond.
Moss contends two officers threw him to the ground, separating his shoulder, and falsely arrested him after he complained to a bar manager about not being served. He said he suspects he was badly treated because he's black.
The bar's manager said Moss was aggressive and officers acted appropriately.
Police Chief Ray Schultz has asked the city's independent review office to investigate.
One officer listed on the criminal complaint against Moss is Allen Hancock — one of two officers named in a 1998 federal lawsuit that alleged Hancock crushed a man's hand with his foot during a traffic stop, The Albuquerque Tribune reported Friday.
That man, who is black, settled for a "reasonable'' amount, said his attorney, Philip Davis.
The Tribune said Hancock was named in another 1998 federal lawsuit alleging he refused to let a Hispanic man tend his wife after her head was cut when she was knocked down by another officer. The lawsuit alleges Hancock made the man take four blood-alcohol tests that all were within the legal limit, so Hancock broke the device and charged the man with DWI.
The man was found not guilty, and the lawsuit was settled and dismissed in 1999. The Tribune said attorneys in the case could not confirm what the city paid.
Albuquerque police spokesman John Walsh said Hancock is a veteran SWAT officer and that SWAT officers often are the subjects of complaints given the high intensity of the situations where they're called.
Figures from the Albuquerque Police Oversight Commission said that in general, complaints against officers are rising.
Hancock is among numerous officers named in two pending federal lawsuits.
One, filed in March, accuses 15 Albuquerque officers of using excessive force during an anti-Iraq war protest in March 2003. It alleges they fired beanbag rounds, pepper spray and tear gas at the peaceful protesters.
Hancock is among 19 Albuquerque officers and four Rio Rancho police officers accused in a 2004 federal lawsuit of breaking into the home of an elderly women, her daughter and two teenage children to serve a search warrant.
The lawsuit alleges officers tossed in flash-bang grenades, pointed guns at the family, made abusive comments, handcuffed the elderly woman so tightly she was hospitalized and injured the other woman by stepping on her back.
Nothing was found at the home and no one was charged.
City Moves to Fire Vice Cop
By Jeff Proctor, Journal Staff Writer
Albuquerque officials will not wait for an indictment to begin the process of firing police officer Timothy Chavez, who is accused of raping a 14-year-old girl.
"He received termination papers today, and that's the first step of the process," Mayor Martin Chávez told the Journal editorial board Thursday. "We knew the day we got the DNA back that he wasn't going to be with the police department anymore."
A personnel hearing is scheduled for the middle of next week, where an up or down decision will be rendered on Officer Chavez's job, said John Walsh, an APD spokesman.
Officer Chavez, 33, was arrested May 24 on charges of kidnapping and criminal sexual penetration. He was placed on leave with pay.
At the time, Police Chief Ray Schultz said he would fire Chavez once the officer was indicted by a grand jury. Schultz said he expected an indictment within 10 days.
Chances for a speedy indictment ground to a halt, in part, because Officer Chavez is related to or has worked with several people on staff at the Bernalillo County District Attorney's Office.
To avoid an obvious conflict of interest, District Attorney Kari Brandenburg asked Attorney General Patricia Madrid to take over the case.
The AG's Office is still considering whether to take the case, spokeswoman Sam Thompson said Thursday.
Rather than wait for a decision from Madrid's office in Santa Fe, Albuquerque officials are using the results of an APD internal affairs investigation to start the process to fire Chavez.
"As of (Thursday) the chief had received and reviewed the results of the internal affairs investigation and recommended termination," Walsh said.
According to the City Attorney's Office, an indictment or the results of an internal investigation does meet the due process
requirement for termination of a police officer.
Chavez, an undercover vice officer, is accused of meeting the girl over the telephone dating service Live Links, according to court records. He allegedly asked if he could come to her house, then came over and raped her there.
DNA taken from the girl's body matched the officer's, court records show.
Albuquerque officials will not wait for an indictment to begin the process of firing police officer Timothy Chavez, who is accused of raping a 14-year-old girl.
"He received termination papers today, and that's the first step of the process," Mayor Martin Chávez told the Journal editorial board Thursday. "We knew the day we got the DNA back that he wasn't going to be with the police department anymore."
A personnel hearing is scheduled for the middle of next week, where an up or down decision will be rendered on Officer Chavez's job, said John Walsh, an APD spokesman.
Officer Chavez, 33, was arrested May 24 on charges of kidnapping and criminal sexual penetration. He was placed on leave with pay.
At the time, Police Chief Ray Schultz said he would fire Chavez once the officer was indicted by a grand jury. Schultz said he expected an indictment within 10 days.
Chances for a speedy indictment ground to a halt, in part, because Officer Chavez is related to or has worked with several people on staff at the Bernalillo County District Attorney's Office.
To avoid an obvious conflict of interest, District Attorney Kari Brandenburg asked Attorney General Patricia Madrid to take over the case.
The AG's Office is still considering whether to take the case, spokeswoman Sam Thompson said Thursday.
Rather than wait for a decision from Madrid's office in Santa Fe, Albuquerque officials are using the results of an APD internal affairs investigation to start the process to fire Chavez.
"As of (Thursday) the chief had received and reviewed the results of the internal affairs investigation and recommended termination," Walsh said.
According to the City Attorney's Office, an indictment or the results of an internal investigation does meet the due process
requirement for termination of a police officer.
Chavez, an undercover vice officer, is accused of meeting the girl over the telephone dating service Live Links, according to court records. He allegedly asked if he could come to her house, then came over and raped her there.
DNA taken from the girl's body matched the officer's, court records show.
Thursday, July 7, 2005
Police Abuse? Visiting surgeon weighing options in wake of confrontation with Albuquerque cops
By Leslie Wood
Staff Writer, The Independent
http://www.gallupindependent.com/2005/july/072105pabuse.html
From the home in Gallup where he is staying, GIMC heart surgeon Vincent Moss talks on the phone Wednesday with attorneys about a potential lawsuit against the Albuquerque Police Department for excessive use of force. [Photo by John A. Bowersmith/Independent]
GALLUP — A 34-year-old Gallup Indian Medical Center heart surgeon reclined on a plush cream sofa on Wednesday night as he juggled telephone calls from zealous attorneys hoping to represent him in a potential lawsuit against the Albuquerque Police Department.
To be exact, nine attorneys, from across the nation, have contacted Maryland native Vincent Moss since news broke about an incident where police allegedly beat him up outside an Albuquerque tavern.
However, the officers and bar owner assert appropriate force was used and Moss came toward them in a threatening manner.
Moss was visiting Albuquerque for the weekend after hearing of the city's reputation.
"I was just walking the beautiful streets of Albuquerque," he said. Moss said he approached Maloney's tavern manager Dave Buehring to question why he had not been served, after he had been ignored by the bar's wait staff for nearly 30 minutes.
Albuquerque police officers reportedly watched as Buehring and Moss discussed his treatment outside the downtown establishment and only took action once Moss followed Buehring back into the bar to settle a tab.
The incident escalated when officers grabbed Moss by the shirt and eventually pushed him onto the ground causing his shoulder to dislocate. Meanwhile, Moss said he was trying to introduce himself as a Gallup physician.
In addition to a dislocated shoulder, Moss sustained multiple bruises on his upper arm and left eye. He was subsequently booked into the Albuquerque detention center and made a $75 bond about 12 hours later.
Due to his injuries, Moss said he is unable to conduct surgery without an assistant. He plans to investigate the incident to determine whether a lawsuit is warranted.
"I want to gather all the facts to decide whether I should pursue legal matters," Moss said. "... but I do know excessive force was used."
He's not certain if his neglect as a customer was race-related because the tavern was filled with more than 100 customers at the time, he said. But he did call witness statements that he came toward the officers in an aggressive stance "a complete lie."
"It's unfortunate it happened to me," he said. "But what is fortunate is that I'll do something about it. I'll do whatever it takes."
Moss is temporarily working at GIMC as a heart surgeon until he is deployed to Iraq in September.
"He has been able to do things they usually can't accommodate," Louise Frechette, said of the surgeon who is temporarily staying at her and her husband's home.
When he arrived in Gallup in late June at about 2 a.m., Moss said he was followed to his Linda Street residence by at least three Gallup police officers who were patrolling the area.
He said a female officer pulled him over and asked if he was lost. The officers then followed Moss until he arrived at the location.
"It's so vague that it's not worth filing a complaint," Moss said. "I can't say it was race-related, but you can never rule it out."
He said incidents such as this are a more common of an occurrence since his arrival to the southwest. Gallup Police Chief Sylvester Stanley said it is not the department's policy to pull over a vehicle without probable cause.
"It's not our procedure to follow people regardless of their color," Stanley said.
However, he invited Moss to meet with him if he had a complaint.
Moss said he has already discussed the Albuquerque incident with the Mayor Martin Chavez, the police department and the governor's office.
Buehring could not be reached for comment, as of press time.
Staff Writer, The Independent
http://www.gallupindependent.com/2005/july/072105pabuse.html
From the home in Gallup where he is staying, GIMC heart surgeon Vincent Moss talks on the phone Wednesday with attorneys about a potential lawsuit against the Albuquerque Police Department for excessive use of force. [Photo by John A. Bowersmith/Independent]
GALLUP — A 34-year-old Gallup Indian Medical Center heart surgeon reclined on a plush cream sofa on Wednesday night as he juggled telephone calls from zealous attorneys hoping to represent him in a potential lawsuit against the Albuquerque Police Department.
To be exact, nine attorneys, from across the nation, have contacted Maryland native Vincent Moss since news broke about an incident where police allegedly beat him up outside an Albuquerque tavern.
However, the officers and bar owner assert appropriate force was used and Moss came toward them in a threatening manner.
Moss was visiting Albuquerque for the weekend after hearing of the city's reputation.
"I was just walking the beautiful streets of Albuquerque," he said. Moss said he approached Maloney's tavern manager Dave Buehring to question why he had not been served, after he had been ignored by the bar's wait staff for nearly 30 minutes.
Albuquerque police officers reportedly watched as Buehring and Moss discussed his treatment outside the downtown establishment and only took action once Moss followed Buehring back into the bar to settle a tab.
The incident escalated when officers grabbed Moss by the shirt and eventually pushed him onto the ground causing his shoulder to dislocate. Meanwhile, Moss said he was trying to introduce himself as a Gallup physician.
In addition to a dislocated shoulder, Moss sustained multiple bruises on his upper arm and left eye. He was subsequently booked into the Albuquerque detention center and made a $75 bond about 12 hours later.
Due to his injuries, Moss said he is unable to conduct surgery without an assistant. He plans to investigate the incident to determine whether a lawsuit is warranted.
"I want to gather all the facts to decide whether I should pursue legal matters," Moss said. "... but I do know excessive force was used."
He's not certain if his neglect as a customer was race-related because the tavern was filled with more than 100 customers at the time, he said. But he did call witness statements that he came toward the officers in an aggressive stance "a complete lie."
"It's unfortunate it happened to me," he said. "But what is fortunate is that I'll do something about it. I'll do whatever it takes."
Moss is temporarily working at GIMC as a heart surgeon until he is deployed to Iraq in September.
"He has been able to do things they usually can't accommodate," Louise Frechette, said of the surgeon who is temporarily staying at her and her husband's home.
When he arrived in Gallup in late June at about 2 a.m., Moss said he was followed to his Linda Street residence by at least three Gallup police officers who were patrolling the area.
He said a female officer pulled him over and asked if he was lost. The officers then followed Moss until he arrived at the location.
"It's so vague that it's not worth filing a complaint," Moss said. "I can't say it was race-related, but you can never rule it out."
He said incidents such as this are a more common of an occurrence since his arrival to the southwest. Gallup Police Chief Sylvester Stanley said it is not the department's policy to pull over a vehicle without probable cause.
"It's not our procedure to follow people regardless of their color," Stanley said.
However, he invited Moss to meet with him if he had a complaint.
Moss said he has already discussed the Albuquerque incident with the Mayor Martin Chavez, the police department and the governor's office.
Buehring could not be reached for comment, as of press time.
Thursday, June 30, 2005
Española: Suit Calls Chase Reckless
By Martin Salazar, Journal Staff Writer
Española police were reckless when they chased a Dixon man on a winding, two-lane highway— a chase that left the man, Tito Sanchez, in a coma for more than eight months, a federal lawsuit contends.
The chase ended when Sanchez crashed his pickup into a concrete barrier on N.M. 68. Sanchez sustained major head injuries, a brain injury and a fractured spine and neck, according to the lawsuit, which also states that his mental and physical injuries are likely permanent.
The chase stemmed from a confrontation at an Española Sonic Drive-In between Sanchez and his daughter over her excessive cell phone bill and a past-due insurance payment. Police have said that Sanchez slammed his daughter's arm in a car door and punched her on the left temple during the argument.
Apparently wanting to cool off before the altercation escalated further, Sanchez hopped into his Ford Ranger pickup and drove off— unaware that someone had called police. When he noticed police chasing him, he tried to elude them. According to the lawsuit, officers ran other uninvolved motorists off the road while trying to stop Sanchez.
The police "knew or should have known that the danger created by the pursuit outweighed any immediate danger to the public if Mr. Sanchez would have remained at large," the lawsuit states.
The suit accuses the Española Police Department of allowing officers to engage in high-speed pursuits even when they aren't warranted. It also alleges that Española police destroyed evidence.
According to the lawsuit, officers chasing Sanchez used their vehicles to hit his vehicle, causing him to lose control of his pickup. His vehicle hit a concrete barrier, flipped several times, and Sanchez was ejected from the vehicle, the lawsuit states.
Police Chief Richard Guillen denied this week that officers bumped Sanchez's vehicle. He said it's untrue that officers removed paint scrapings from Sanchez's vehicle.
The lawsuit— brought on Sanchez's behalf by his father, Mauricio Sanchez— seeks unspecified compensatory, actual and punitive damages. Among the defendants named in the suit are Guillen, the city of Española, its police department and the officers involved in the chase.
The defendants denied the allegations made against them in a June 22 court filing and say that Sanchez was at least partly to blame for fleeing from police.
The lawsuit was initially filed in state district court in May but was transferred to federal court in Albuquerque last week.
Guillen said no officers were disciplined over the incident, which occurred July 16, 2003.
"We totally reviewed it," he said in a telephone interview on Tuesday. "The officers followed protocol. It's unfortunate what happened to Mr. Sanchez."
Guillen said that at the time of the pursuit, all police knew was that there was an ongoing domestic abuse situation where a male was striking a female. He said that within a few minutes, one officer located the suspect. Sanchez ran a stop sign, and at that point officers needed to stop the vehicle, he said.
The chief said high-speed chases are necessary when it's a matter of life and death, when there's a danger of physical injury to someone, for DWI cases and for unknown felonies. Pursuing officers did not know at the time that Sanchez's behavior only rose to the level of a misdemeanor, Guillen said.
According to the lawsuit, Sanchez was a 43-year-old weapons inspector at Los Alamos National Laboratory when the incident occurred. The suit maintains that officers delayed calling for medical attention for Sanchez, further worsening his injuries.
"Mr. Sanchez is now undergoing serious rehabilitation, and to this day lacks sufficient understanding or capacity to make significant responsible decisions concerning his person, which will likely impact him for the remainder of his life," the suit states.
The lawsuit alleges negligent supervision and training, excessive use of force and negligence, among other claims.
Española police were reckless when they chased a Dixon man on a winding, two-lane highway— a chase that left the man, Tito Sanchez, in a coma for more than eight months, a federal lawsuit contends.
The chase ended when Sanchez crashed his pickup into a concrete barrier on N.M. 68. Sanchez sustained major head injuries, a brain injury and a fractured spine and neck, according to the lawsuit, which also states that his mental and physical injuries are likely permanent.
The chase stemmed from a confrontation at an Española Sonic Drive-In between Sanchez and his daughter over her excessive cell phone bill and a past-due insurance payment. Police have said that Sanchez slammed his daughter's arm in a car door and punched her on the left temple during the argument.
Apparently wanting to cool off before the altercation escalated further, Sanchez hopped into his Ford Ranger pickup and drove off— unaware that someone had called police. When he noticed police chasing him, he tried to elude them. According to the lawsuit, officers ran other uninvolved motorists off the road while trying to stop Sanchez.
The police "knew or should have known that the danger created by the pursuit outweighed any immediate danger to the public if Mr. Sanchez would have remained at large," the lawsuit states.
The suit accuses the Española Police Department of allowing officers to engage in high-speed pursuits even when they aren't warranted. It also alleges that Española police destroyed evidence.
According to the lawsuit, officers chasing Sanchez used their vehicles to hit his vehicle, causing him to lose control of his pickup. His vehicle hit a concrete barrier, flipped several times, and Sanchez was ejected from the vehicle, the lawsuit states.
Police Chief Richard Guillen denied this week that officers bumped Sanchez's vehicle. He said it's untrue that officers removed paint scrapings from Sanchez's vehicle.
The lawsuit— brought on Sanchez's behalf by his father, Mauricio Sanchez— seeks unspecified compensatory, actual and punitive damages. Among the defendants named in the suit are Guillen, the city of Española, its police department and the officers involved in the chase.
The defendants denied the allegations made against them in a June 22 court filing and say that Sanchez was at least partly to blame for fleeing from police.
The lawsuit was initially filed in state district court in May but was transferred to federal court in Albuquerque last week.
Guillen said no officers were disciplined over the incident, which occurred July 16, 2003.
"We totally reviewed it," he said in a telephone interview on Tuesday. "The officers followed protocol. It's unfortunate what happened to Mr. Sanchez."
Guillen said that at the time of the pursuit, all police knew was that there was an ongoing domestic abuse situation where a male was striking a female. He said that within a few minutes, one officer located the suspect. Sanchez ran a stop sign, and at that point officers needed to stop the vehicle, he said.
The chief said high-speed chases are necessary when it's a matter of life and death, when there's a danger of physical injury to someone, for DWI cases and for unknown felonies. Pursuing officers did not know at the time that Sanchez's behavior only rose to the level of a misdemeanor, Guillen said.
According to the lawsuit, Sanchez was a 43-year-old weapons inspector at Los Alamos National Laboratory when the incident occurred. The suit maintains that officers delayed calling for medical attention for Sanchez, further worsening his injuries.
"Mr. Sanchez is now undergoing serious rehabilitation, and to this day lacks sufficient understanding or capacity to make significant responsible decisions concerning his person, which will likely impact him for the remainder of his life," the suit states.
The lawsuit alleges negligent supervision and training, excessive use of force and negligence, among other claims.
Tuesday, June 21, 2005
APD Top Brass Didn't Help; Evidence Case Reviewer Couldn't Get Interviews
By T.J. Wilham, Journal Staff Writer
Former Albuquerque Police Chief Gilbert Gallegos declined to cooperate with the city's independent investigation into the police department's evidence room.
He wasn't the only one, according to an edited version of a report released Monday. The former civilian director of the unit, a retired detective and two former employees suspected of stealing from the evidence room all refused to give interviews to the city's independent review officer.
The report indicated that lieutenants in charge of the department's internal affairs bureau feared retaliation for investigating the department's top brass, and that the entire department needs sexual harassment training.
Jay Rowland, the independent review officer, was asked in March by Mayor Martin Chávez to conduct an investigation into the evidence room.
The investigation started about the same time Gallegos resigned as chief amid allegations that he allowed the two employees accused of theft to continue to work in the evidence room, thus giving them access to records that might have proven their guilt.
A yearlong investigation into the thefts conducted by the Attorney General's Office concluded that thefts likely occurred but that there wasn't enough evidence to present a case to a grand jury. The report also determined that "poor record keeping, deficient supervision and unrestricted access to all evidence room employees" would hamper any prosecution.
Rowland was assigned the task of investigating allegations that some of Gallegos's deputy chiefs were retaliating against officers who had come forward with accusations.
Two weeks ago a four-page "executive summary" was released to the public, but the 20-page report of Rowland's investigation was withheld until Monday. About 13 pages of that report were deleted from the version that was made public.
City officials said the portions of the report that were withheld involved personnel matters and therefore could not be released.
When asked if Gallegos cooperated, Rowland told the Journal on Monday, "We sent him letters, and he did not call for an interview."
Gallegos has requested that the Journal never contact him for comment.
Ann Talbot, who was the civilian director of the unit, has not returned several phone calls left by the Journal over several weeks.
Talbot left APD in February to take a job as director of the state Department of Public Safety's crime lab.
The report concluded that lieutenants in charge of the department's internal affairs division feared retaliation for doing investigations involving APD's top brass.
Rowland concluded in his report that their fears were justified and recommended that all investigations involving top APD officials be investigated by the city's Police Oversight Commission, the board to which Rowland reports.
"Efforts by captains and below to resolve issues involving captains and above were met by the deputy chiefs having the captains investigated and removed from their command positions or threatened with removal," the report states.
One captain, Ron Paiz, had internal affairs removed from his authority after he opened an "informal, preliminary" investigation into Gallegos and a deputy chief after he heard about allegations at a union meeting.
"When (Gallegos) learned of this, he terminated the captain's efforts, relieved the captain of his duties over internal affairs and opened an investigation into the captain," the report states.
According to the report, several witnesses interviewed by Rowland's staff raised "sexual and gender issues, including inappropriate emails by senior officers, sexual discrimination in recruiting and assignments and inappropriate relationships."
Some senior officers were accused of having "inappropriate relationships," but Rowland's staff determined they had "no basis in fact" and "we made no findings in these."
When asked about the specific allegations of sexual harassment, Rowland said, "I thought that there was enough there that they should have some type of sexual harassment training."
Former Albuquerque Police Chief Gilbert Gallegos declined to cooperate with the city's independent investigation into the police department's evidence room.
He wasn't the only one, according to an edited version of a report released Monday. The former civilian director of the unit, a retired detective and two former employees suspected of stealing from the evidence room all refused to give interviews to the city's independent review officer.
The report indicated that lieutenants in charge of the department's internal affairs bureau feared retaliation for investigating the department's top brass, and that the entire department needs sexual harassment training.
Jay Rowland, the independent review officer, was asked in March by Mayor Martin Chávez to conduct an investigation into the evidence room.
The investigation started about the same time Gallegos resigned as chief amid allegations that he allowed the two employees accused of theft to continue to work in the evidence room, thus giving them access to records that might have proven their guilt.
A yearlong investigation into the thefts conducted by the Attorney General's Office concluded that thefts likely occurred but that there wasn't enough evidence to present a case to a grand jury. The report also determined that "poor record keeping, deficient supervision and unrestricted access to all evidence room employees" would hamper any prosecution.
Rowland was assigned the task of investigating allegations that some of Gallegos's deputy chiefs were retaliating against officers who had come forward with accusations.
Two weeks ago a four-page "executive summary" was released to the public, but the 20-page report of Rowland's investigation was withheld until Monday. About 13 pages of that report were deleted from the version that was made public.
City officials said the portions of the report that were withheld involved personnel matters and therefore could not be released.
When asked if Gallegos cooperated, Rowland told the Journal on Monday, "We sent him letters, and he did not call for an interview."
Gallegos has requested that the Journal never contact him for comment.
Ann Talbot, who was the civilian director of the unit, has not returned several phone calls left by the Journal over several weeks.
Talbot left APD in February to take a job as director of the state Department of Public Safety's crime lab.
The report concluded that lieutenants in charge of the department's internal affairs division feared retaliation for doing investigations involving APD's top brass.
Rowland concluded in his report that their fears were justified and recommended that all investigations involving top APD officials be investigated by the city's Police Oversight Commission, the board to which Rowland reports.
"Efforts by captains and below to resolve issues involving captains and above were met by the deputy chiefs having the captains investigated and removed from their command positions or threatened with removal," the report states.
One captain, Ron Paiz, had internal affairs removed from his authority after he opened an "informal, preliminary" investigation into Gallegos and a deputy chief after he heard about allegations at a union meeting.
"When (Gallegos) learned of this, he terminated the captain's efforts, relieved the captain of his duties over internal affairs and opened an investigation into the captain," the report states.
According to the report, several witnesses interviewed by Rowland's staff raised "sexual and gender issues, including inappropriate emails by senior officers, sexual discrimination in recruiting and assignments and inappropriate relationships."
Some senior officers were accused of having "inappropriate relationships," but Rowland's staff determined they had "no basis in fact" and "we made no findings in these."
When asked about the specific allegations of sexual harassment, Rowland said, "I thought that there was enough there that they should have some type of sexual harassment training."
Saturday, June 11, 2005
City to pay $100,000 in officer attack
By Maggie Shepard
The Albuquerque Tribune June 11, 2005
An Albuquerque police officer's actions will cost the city $100,000, the amount awarded to a man he is accused of pepper-spraying and whose arm was broken during a September 2003 incident.
On Wednesday, a federal jury in Santa Fe found Officer Keith L. Sheley liable for using excessive force against Adam Arendt, 31. Arendt had been walking Downtown with his girlfriend when he was assaulted, according to court documents.
Sheley, responding to the assault, pepper-sprayed Arendt and pushed him against a wall, breaking his arm, according to court documents.
Claims that Sheley and his supervisor, Steven Hall, falsely arrested, neglected and unlawfully detained Arendt were dismissed, said Kathryn Levy, the city attorney assigned to the case.
Sheley, still with the Police Department, now works in the Valley Area Command.
The department has concluded an internal investigation into the incident, police spokeswoman Sgt. Beth Paiz said.
The results of the investigation and any administrative action - which could include suspension, a reprimand or retraining - for Sheley is confidential, Paiz said.
Levy said the $100,000 judgment was for compensation, not for punitive reasons.
There were no criminal charges filed in the incident, but the department was alerted to Arendt's lawsuit as a matter of policy.
Any lawsuit involving a police officer is forwarded to the department's internal affairs unit, said Charles Kolberg, a city risk manager.
Usually, though, Kolberg said, complaints are filed with the police department or the city's Police Oversight Commission before lawsuits are filed.
Levy said the city has not decided whether to appeal the case.
The Albuquerque Tribune June 11, 2005
An Albuquerque police officer's actions will cost the city $100,000, the amount awarded to a man he is accused of pepper-spraying and whose arm was broken during a September 2003 incident.
On Wednesday, a federal jury in Santa Fe found Officer Keith L. Sheley liable for using excessive force against Adam Arendt, 31. Arendt had been walking Downtown with his girlfriend when he was assaulted, according to court documents.
Sheley, responding to the assault, pepper-sprayed Arendt and pushed him against a wall, breaking his arm, according to court documents.
Claims that Sheley and his supervisor, Steven Hall, falsely arrested, neglected and unlawfully detained Arendt were dismissed, said Kathryn Levy, the city attorney assigned to the case.
Sheley, still with the Police Department, now works in the Valley Area Command.
The department has concluded an internal investigation into the incident, police spokeswoman Sgt. Beth Paiz said.
The results of the investigation and any administrative action - which could include suspension, a reprimand or retraining - for Sheley is confidential, Paiz said.
Levy said the $100,000 judgment was for compensation, not for punitive reasons.
There were no criminal charges filed in the incident, but the department was alerted to Arendt's lawsuit as a matter of policy.
Any lawsuit involving a police officer is forwarded to the department's internal affairs unit, said Charles Kolberg, a city risk manager.
Usually, though, Kolberg said, complaints are filed with the police department or the city's Police Oversight Commission before lawsuits are filed.
Levy said the city has not decided whether to appeal the case.
Tuesday, June 7, 2005
Review Faults Ex-APD Chief; Evidence Room Management Failed
Tuesday, June 7, 2005
Summary of report
By Dan McKay, Journal Staff Writer
Former Police Chief Gilbert Gallegos violated "basic police procedures" in handling allegations of wrongdoing in the police evidence room, according to a report issued Monday by Albuquerque's top police watchdog.
A summary of the 1,000-page report faults Gallegos for failing to launch an immediate criminal investigation into alleged thefts from the evidence room, despite the recommendation of senior staff.
Investigators, however, found no evidence of a cover-up by senior leadership, according to the report, which was signed by Independent Review Officer Jay Rowland and others.
Rowland investigated allegations of evidence-room misconduct at the request of Mayor Martin Chávez. The new police chief, Ray Schultz, released the report's executive summary late Monday, just hours after receiving it.
"Inadequate supervision over many years created conditions that made theft easy to commit and impossible to prove," the report's summary said.
It is blunt in faulting police leadership for failing to manage the evidence room better, but the report also says it appears Gallegos was misled about the nature of problems in the evidence room.
"We have no evidence that the Chief failed to act from a desire to cover up the thefts," the report said.
Still, he didn't do enough, it said.
"Basic police procedures were ignored and violated by the Chief," the report said.
It criticizes him for not removing "suspected employees" from the evidence room fast enough, a point raised previously by critics.
"During the time these suspected personnel were allowed to remain in their jobs, computer records were altered, evidence logs disappeared, and any chance for identifying those responsible for alleged theft was lost."
Other than Gallegos, the summary released Monday doesn't mention names.
Gallegos has requested that the Journal not contact him for comment, but he previously has maintained that he responded in a timely fashion to the evidence-room allegations. The troubles plaguing the evidence room date back 30 years, he has said, and no chief acted until he took office.
Monday's report touches on that issue.
"While efforts were made and it may even be said more was done under Chief Gallegos' leadership than previous administrations, it was not enough," the report said. "Money handling procedures were inadequate. Documentation was incomplete and inadequate."
The report appears to be good news for Capt. Marie Miranda, a whistle-blower in the case, and Deputy Police Chief Ed Sauer.
Both will return to their jobs after having been placed on administrative leave, Schultz said.
Miranda, a captain in the foothills area, has claimed supervisors retaliated against her for pointing out problems in the evidence room.
The investigation sustained "one procedural violation" against her, Schultz said, without going into detail.
Sauer had been accused of encouraging officers to retaliate against whistle-blowers. He was "cleared of all charges," Schultz said.
The report isn't all bad news. It says, for example, that many in "senior leadership" and "the vast majority of evidence unit personnel gave their best efforts to accomplish their assigned tasks."
The IRO report won't be the final episode in the case. The report says two investigations of officers have been forwarded to the internal-affairs unit.
The summary says the investigation found several violations of standard operating procedure.
It also mentions the case has hurt morale, painting a picture of a "dysfunctional" command.
"Deputy Chiefs supported their friend and leader, the Chief. They called other officers names and did not react to the valid concerns of their subordinates, but attempted to stop those concerns from being raised outside the department. Senior officers did not trust their leaders to do the right thing," it states.
The report makes a host of recommendations, including completing an inventory of all items in the evidence room warehouses and developing a system for disposing of evidence items in accordance with state law.
An inventory is already under way.
The Attorney General's Office announced in April that it wouldn't prosecute anyone in the alleged theft of cash from the Albuquerque police evidence room, partly because critical records were missing.
It found that at least $58,000 in cash was missing, but problems with records made it impossible to determine a total.
Summary of report
By Dan McKay, Journal Staff Writer
Former Police Chief Gilbert Gallegos violated "basic police procedures" in handling allegations of wrongdoing in the police evidence room, according to a report issued Monday by Albuquerque's top police watchdog.
A summary of the 1,000-page report faults Gallegos for failing to launch an immediate criminal investigation into alleged thefts from the evidence room, despite the recommendation of senior staff.
Investigators, however, found no evidence of a cover-up by senior leadership, according to the report, which was signed by Independent Review Officer Jay Rowland and others.
Rowland investigated allegations of evidence-room misconduct at the request of Mayor Martin Chávez. The new police chief, Ray Schultz, released the report's executive summary late Monday, just hours after receiving it.
"Inadequate supervision over many years created conditions that made theft easy to commit and impossible to prove," the report's summary said.
It is blunt in faulting police leadership for failing to manage the evidence room better, but the report also says it appears Gallegos was misled about the nature of problems in the evidence room.
"We have no evidence that the Chief failed to act from a desire to cover up the thefts," the report said.
Still, he didn't do enough, it said.
"Basic police procedures were ignored and violated by the Chief," the report said.
It criticizes him for not removing "suspected employees" from the evidence room fast enough, a point raised previously by critics.
"During the time these suspected personnel were allowed to remain in their jobs, computer records were altered, evidence logs disappeared, and any chance for identifying those responsible for alleged theft was lost."
Other than Gallegos, the summary released Monday doesn't mention names.
Gallegos has requested that the Journal not contact him for comment, but he previously has maintained that he responded in a timely fashion to the evidence-room allegations. The troubles plaguing the evidence room date back 30 years, he has said, and no chief acted until he took office.
Monday's report touches on that issue.
"While efforts were made and it may even be said more was done under Chief Gallegos' leadership than previous administrations, it was not enough," the report said. "Money handling procedures were inadequate. Documentation was incomplete and inadequate."
The report appears to be good news for Capt. Marie Miranda, a whistle-blower in the case, and Deputy Police Chief Ed Sauer.
Both will return to their jobs after having been placed on administrative leave, Schultz said.
Miranda, a captain in the foothills area, has claimed supervisors retaliated against her for pointing out problems in the evidence room.
The investigation sustained "one procedural violation" against her, Schultz said, without going into detail.
Sauer had been accused of encouraging officers to retaliate against whistle-blowers. He was "cleared of all charges," Schultz said.
The report isn't all bad news. It says, for example, that many in "senior leadership" and "the vast majority of evidence unit personnel gave their best efforts to accomplish their assigned tasks."
The IRO report won't be the final episode in the case. The report says two investigations of officers have been forwarded to the internal-affairs unit.
The summary says the investigation found several violations of standard operating procedure.
It also mentions the case has hurt morale, painting a picture of a "dysfunctional" command.
"Deputy Chiefs supported their friend and leader, the Chief. They called other officers names and did not react to the valid concerns of their subordinates, but attempted to stop those concerns from being raised outside the department. Senior officers did not trust their leaders to do the right thing," it states.
The report makes a host of recommendations, including completing an inventory of all items in the evidence room warehouses and developing a system for disposing of evidence items in accordance with state law.
An inventory is already under way.
The Attorney General's Office announced in April that it wouldn't prosecute anyone in the alleged theft of cash from the Albuquerque police evidence room, partly because critical records were missing.
It found that at least $58,000 in cash was missing, but problems with records made it impossible to determine a total.
Friday, May 27, 2005
Police Chief Plans to Fire Accused Cop
By T.J. Wilham, Journal Staff Writer
Albuquerque Police Chief Ray Schultz said Thursday that he plans to fire an officer accused of raping a 14-year-old girl once the undercover cop is indicted.
That could be done within the next 10 days, Schultz said.
In the meantime, officer Timothy J. Chavez, 33, is on paid administrative leave.
"It is worth the expense to pay him for the time being and have him at home," Schultz said. "We don't want him on any kind of an assignment."
On Thursday, Chavez made his first court appearance and pleaded not guilty to charges of kidnaping and criminal sexual penetration. A July court date was set.
Chavez was arrested Tuesday after he allegedly met a 14-year-old girl a month earlier on a telephone dating service, according to a Metropolitan Court criminal complaint. Chavez allegedly arranged a meeting at the girl's home and raped her on a couch.
Last week, the girl spotted Chavez at a restaurant and identified him as her attacker, and DNA taken from the girl's body matched the officer's, court records show.
Schultz could have placed the 13-year veteran on administrative duty, which would have allowed Chavez to work without being able to exercise police powers.
In the past, when officers have faced criminal charges, the administration has waited for an internal affairs report or for the criminal case to be adjudicated before taking disciplinary action.
Because of the "seriousness" of the allegations against Chavez, Schultz said action should be taken against Chavez once he is indicted. APD officials said it's common to take such action when an officer is accused of a felony.
Schultz also said investigators are trying to determine if Chavez was on duty when the alleged incident occurred.
According to department records, Chavez had taken half the day off. Schultz said he did not know the exact time the alleged rape occurred or when Chavez was off duty.
"This is already bad, but this (if Chavez were on duty) would make it extremely worse," Schultz said. "This is such an egregious violation of trust and of the law."
Albuquerque Police Chief Ray Schultz said Thursday that he plans to fire an officer accused of raping a 14-year-old girl once the undercover cop is indicted.
That could be done within the next 10 days, Schultz said.
In the meantime, officer Timothy J. Chavez, 33, is on paid administrative leave.
"It is worth the expense to pay him for the time being and have him at home," Schultz said. "We don't want him on any kind of an assignment."
On Thursday, Chavez made his first court appearance and pleaded not guilty to charges of kidnaping and criminal sexual penetration. A July court date was set.
Chavez was arrested Tuesday after he allegedly met a 14-year-old girl a month earlier on a telephone dating service, according to a Metropolitan Court criminal complaint. Chavez allegedly arranged a meeting at the girl's home and raped her on a couch.
Last week, the girl spotted Chavez at a restaurant and identified him as her attacker, and DNA taken from the girl's body matched the officer's, court records show.
Schultz could have placed the 13-year veteran on administrative duty, which would have allowed Chavez to work without being able to exercise police powers.
In the past, when officers have faced criminal charges, the administration has waited for an internal affairs report or for the criminal case to be adjudicated before taking disciplinary action.
Because of the "seriousness" of the allegations against Chavez, Schultz said action should be taken against Chavez once he is indicted. APD officials said it's common to take such action when an officer is accused of a felony.
Schultz also said investigators are trying to determine if Chavez was on duty when the alleged incident occurred.
According to department records, Chavez had taken half the day off. Schultz said he did not know the exact time the alleged rape occurred or when Chavez was off duty.
"This is already bad, but this (if Chavez were on duty) would make it extremely worse," Schultz said. "This is such an egregious violation of trust and of the law."
Thursday, May 26, 2005
Access to Dating Service Easy; Company Officer Used Doesn't Verify Ages
By T.J. Wilham, Journal Staff Writer
The telephone dating service that was used by a decorated Albuquerque police officer to meet a 14-year-old girl he allegedly raped is easy to get on to.
All you need is a phone.
Live Links has a promotion that allows callers to sign up on a trial basis without paying any money. To sign up, callers do not have to give a credit card number, name, age, or address to start talking to another caller.
Female callers do not have to pay at all, even after trying it out.
On Tuesday, Albuquerque police arrested undercover vice officer Timothy Chavez, 33, on charges of kidnapping and criminal sexual penetration. Chavez, who was released by posting a $75,000 bond Wednesday, could not be reached for comment.
He is accused of meeting the girl on Live Links on April 22, asking if he could come over to her house and then allegedly raping her, according to court records.
The girl did not know who Chavez was until a month later when she saw him at a northeast restaurant and called police.
Live Links officials said Wednesday they have procedures in place to screen juveniles from getting onto the service.
A recorded notice on the service tells anyone younger than 18 years old to hang up. The company also has monitors who listen to recorded profiles and a hot line parents can call to have their phone numbers blocked from using the service.
"We are looking for people to meet people. We are not looking for people who want to meet little kids," said Sid Methner, business development manager for the Vancouver-based company. "We have a popular service, and kids like to spread it around school like it is a fad. ... Our question is where were her parents? That is the issue. That is the first line of defense against this."
Methner said the company is conducting an investigation into how the girl was able to get onto the service.
"Nobody wants to see this happen," he said. "This is not a service we want."
Albuquerque police officials said Wednesday that throughout his 13-year career Chavez received numerous awards and accommodations.
"It is saddening for any officer that has served with distinction and now faces grievous charges," said John Walsh, an APD spokesman. "But it is deeply saddening that there is a young person who has fallen victim to this type of crime."
In 1997, Chavez received a Medal of Meritorious Service from APD, according to Albuquerque police. In 1998, Chavez was presented with the Law Enforcement Officer/Hero of the Year Award by then-Mayor Jim Baca, according to Journal news reports. Police officials said Wednesday they do not have any record of that award, and it is not the department's official "Officer of the Year" award. But APD said there was only one Timothy Chavez on its roster at that time.
Chavez received the 1998 award for his involvement in thwarting a bank robbery while moonlighting at the bank. According to news reports, Chavez shot the would-be robber, who was holding a hostage at gunpoint.
Preventing teenagers from using a dating service such as Live Links is not easy, law enforcement officials said.
And Live Links legally did nothing wrong because it has the disclaimer, said Michael Cox, director of special prosecutions for the New Mexico Attorney General's Office.
"You can't shut them down because they do not have an affirmative way to screen minors," Cox said. "Is it a problem, I would say yes, but there is no factual way to check someone's identification over the telephone or a computer."
To get onto the service, the automated system asks for the person's gender and a promotional code, which is available to anyone who goes to the Live Links online site.
The caller is asked to record a profile and then listens to profiles of potential dates.
The company has local numbers in Albuquerque, Santa Fe and Las Cruces.
City police detectives said that within the past nine years they have received only one complaint about a dating service. That came from a parent who was upset that their son had met an adult man over a telephone dating service in 1996.
"Parents need to be involved with their kids' lives as much as possible," said Don Roberts, a detective with the APD child exploitation unit. "Kids are smart. They are going to figure out how to get in. Not every 15- or 16-year-old kid is going to go, 'oh my gosh' and hang up (when they hear the disclaimer)."
Bob Hoever, deputy director for the National Center for Missing and Exploited Children, said dating services such as Live Links need to have some sort of a "safeguard" in place to screen children.
He recommended that the company require the use of credit cards.
"You really don't know who is on the other end, and sometimes the phone gives you a false sense of security," Hoever said.
Live Links, which has been in business since 1990, advertises on television, the Internet and in newspapers.
Methner said requiring callers to submit a credit card is not going to keep kids away. He said children will still find a way.
Methner said parents can call 1 (800) 984-6889 to have their home phone number blocked from using Live Links.
The telephone dating service that was used by a decorated Albuquerque police officer to meet a 14-year-old girl he allegedly raped is easy to get on to.
All you need is a phone.
Live Links has a promotion that allows callers to sign up on a trial basis without paying any money. To sign up, callers do not have to give a credit card number, name, age, or address to start talking to another caller.
Female callers do not have to pay at all, even after trying it out.
On Tuesday, Albuquerque police arrested undercover vice officer Timothy Chavez, 33, on charges of kidnapping and criminal sexual penetration. Chavez, who was released by posting a $75,000 bond Wednesday, could not be reached for comment.
He is accused of meeting the girl on Live Links on April 22, asking if he could come over to her house and then allegedly raping her, according to court records.
The girl did not know who Chavez was until a month later when she saw him at a northeast restaurant and called police.
Live Links officials said Wednesday they have procedures in place to screen juveniles from getting onto the service.
A recorded notice on the service tells anyone younger than 18 years old to hang up. The company also has monitors who listen to recorded profiles and a hot line parents can call to have their phone numbers blocked from using the service.
"We are looking for people to meet people. We are not looking for people who want to meet little kids," said Sid Methner, business development manager for the Vancouver-based company. "We have a popular service, and kids like to spread it around school like it is a fad. ... Our question is where were her parents? That is the issue. That is the first line of defense against this."
Methner said the company is conducting an investigation into how the girl was able to get onto the service.
"Nobody wants to see this happen," he said. "This is not a service we want."
Albuquerque police officials said Wednesday that throughout his 13-year career Chavez received numerous awards and accommodations.
"It is saddening for any officer that has served with distinction and now faces grievous charges," said John Walsh, an APD spokesman. "But it is deeply saddening that there is a young person who has fallen victim to this type of crime."
In 1997, Chavez received a Medal of Meritorious Service from APD, according to Albuquerque police. In 1998, Chavez was presented with the Law Enforcement Officer/Hero of the Year Award by then-Mayor Jim Baca, according to Journal news reports. Police officials said Wednesday they do not have any record of that award, and it is not the department's official "Officer of the Year" award. But APD said there was only one Timothy Chavez on its roster at that time.
Chavez received the 1998 award for his involvement in thwarting a bank robbery while moonlighting at the bank. According to news reports, Chavez shot the would-be robber, who was holding a hostage at gunpoint.
Preventing teenagers from using a dating service such as Live Links is not easy, law enforcement officials said.
And Live Links legally did nothing wrong because it has the disclaimer, said Michael Cox, director of special prosecutions for the New Mexico Attorney General's Office.
"You can't shut them down because they do not have an affirmative way to screen minors," Cox said. "Is it a problem, I would say yes, but there is no factual way to check someone's identification over the telephone or a computer."
To get onto the service, the automated system asks for the person's gender and a promotional code, which is available to anyone who goes to the Live Links online site.
The caller is asked to record a profile and then listens to profiles of potential dates.
The company has local numbers in Albuquerque, Santa Fe and Las Cruces.
City police detectives said that within the past nine years they have received only one complaint about a dating service. That came from a parent who was upset that their son had met an adult man over a telephone dating service in 1996.
"Parents need to be involved with their kids' lives as much as possible," said Don Roberts, a detective with the APD child exploitation unit. "Kids are smart. They are going to figure out how to get in. Not every 15- or 16-year-old kid is going to go, 'oh my gosh' and hang up (when they hear the disclaimer)."
Bob Hoever, deputy director for the National Center for Missing and Exploited Children, said dating services such as Live Links need to have some sort of a "safeguard" in place to screen children.
He recommended that the company require the use of credit cards.
"You really don't know who is on the other end, and sometimes the phone gives you a false sense of security," Hoever said.
Live Links, which has been in business since 1990, advertises on television, the Internet and in newspapers.
Methner said requiring callers to submit a credit card is not going to keep kids away. He said children will still find a way.
Methner said parents can call 1 (800) 984-6889 to have their home phone number blocked from using Live Links.
Saturday, May 21, 2005
Abused Officer Awarded $300,000
Saturday, May 21, 2005
By Jeremy Pawloski
Journal Staff Writer
The state Department of Public Safety paid $300,000 to settle a tort claim brought by a black former State Police officer who, according to court records, was sprayed with Mace, handcuffed to a telephone pole and photographed by a group of fellow officers.
The tort claim was filed by former State Police officer Dexter Brock, who left the department in the wake of the May 2000 incident. The officers were on duty in Los Alamos during the Cerro Grande Fire at the time.
A State Police internal affairs report found that the incident was not racially motivated but that an officer involved "exercised exceptionally poor judgment."
That former officer, Jerome Sedillo, had filed a lawsuit asking for reinstatement as a police officer. But the lawsuit was dismissed earlier this month by Santa Fe District Judge James Hall.
According to a State Police internal affairs report marked "confidential" and filed by a DPS attorney in connection with Sedillo's lawsuit:
The State Police officers who were present in the area, "a public parking lot," at the time of the May 22, 2000, incident included officer Billy Martinez, officer Adrian Armijo, officer Jerome Sedillo, officer Richard Matthews, former officer Dexter Brock, and Sgt. Jim Long (then officer Long).
DPS spokesman Peter Olson said the officers named in Sedillo's internal affairs report are not necessarily the same officers who were ultimately found to have been involved in the incident involving Brock. He also said he could not eliminate any of the names.
He also declined to give specific details Friday about which officers were disciplined in relation to the incident or about what their punishments might have been.
Olson did say that discipline was meted out after the incident, and that "people resigned in relation to the incident."
"There were some resignations and some suspensions without pay and some reassignments," Olson said. "It's safe to say people were suspended for their actions or resigned to avoid further incident."
According to the internal affairs report, Sedillo was found to have sprayed Mace into Brock's patrol unit during the incident.
And, in an affidavit by State Police Chief Carlos Maldonado also filed in connection with Sedillo's reinstatement lawsuit, Maldonado wrote that Sedillo in fact Maced Brock "in order to force him out of his patrol unit, whereupon the officers subsequently drug him to a telephone pole and handcuffed him to the telephone pole, in the dark, and photographed him handcuffed to the telephone pole."
However, the internal affairs report also states that Sedillo "did not take an active role in either physically restraining or handcuffing" Brock.
According to the Internal Affairs report:
Sedillo said that officers were engaged in "bantering-like behavior, absent any racial remarks" during the incident. But the report also says the remarks to the black officer included: "Smile so I can see you," "What's up, my nigger?" and "You look like a survivor/victim from the fire."
At the conclusion of the investigation, the district attorney declined prosecution of Sedillo or the other officers involved in the incident, court records state.
Sedillo's attorney, Donald Sears, could not be reached for comment late Friday afternoon.
Brock's father, the Rev. Jonathan Brock of the True Victory Church of God in Christ in Clovis, declined to discuss the incident when reached by telephone on Friday. Jonathan Brock said he would try to reach his son in Florida to see if he wanted to comment on the incident, but Dexter Brock had not contacted the Journal by late Friday afternoon.
By Jeremy Pawloski
Journal Staff Writer
The state Department of Public Safety paid $300,000 to settle a tort claim brought by a black former State Police officer who, according to court records, was sprayed with Mace, handcuffed to a telephone pole and photographed by a group of fellow officers.
The tort claim was filed by former State Police officer Dexter Brock, who left the department in the wake of the May 2000 incident. The officers were on duty in Los Alamos during the Cerro Grande Fire at the time.
A State Police internal affairs report found that the incident was not racially motivated but that an officer involved "exercised exceptionally poor judgment."
That former officer, Jerome Sedillo, had filed a lawsuit asking for reinstatement as a police officer. But the lawsuit was dismissed earlier this month by Santa Fe District Judge James Hall.
According to a State Police internal affairs report marked "confidential" and filed by a DPS attorney in connection with Sedillo's lawsuit:
The State Police officers who were present in the area, "a public parking lot," at the time of the May 22, 2000, incident included officer Billy Martinez, officer Adrian Armijo, officer Jerome Sedillo, officer Richard Matthews, former officer Dexter Brock, and Sgt. Jim Long (then officer Long).
DPS spokesman Peter Olson said the officers named in Sedillo's internal affairs report are not necessarily the same officers who were ultimately found to have been involved in the incident involving Brock. He also said he could not eliminate any of the names.
He also declined to give specific details Friday about which officers were disciplined in relation to the incident or about what their punishments might have been.
Olson did say that discipline was meted out after the incident, and that "people resigned in relation to the incident."
"There were some resignations and some suspensions without pay and some reassignments," Olson said. "It's safe to say people were suspended for their actions or resigned to avoid further incident."
According to the internal affairs report, Sedillo was found to have sprayed Mace into Brock's patrol unit during the incident.
And, in an affidavit by State Police Chief Carlos Maldonado also filed in connection with Sedillo's reinstatement lawsuit, Maldonado wrote that Sedillo in fact Maced Brock "in order to force him out of his patrol unit, whereupon the officers subsequently drug him to a telephone pole and handcuffed him to the telephone pole, in the dark, and photographed him handcuffed to the telephone pole."
However, the internal affairs report also states that Sedillo "did not take an active role in either physically restraining or handcuffing" Brock.
According to the Internal Affairs report:
Sedillo said that officers were engaged in "bantering-like behavior, absent any racial remarks" during the incident. But the report also says the remarks to the black officer included: "Smile so I can see you," "What's up, my nigger?" and "You look like a survivor/victim from the fire."
At the conclusion of the investigation, the district attorney declined prosecution of Sedillo or the other officers involved in the incident, court records state.
Sedillo's attorney, Donald Sears, could not be reached for comment late Friday afternoon.
Brock's father, the Rev. Jonathan Brock of the True Victory Church of God in Christ in Clovis, declined to discuss the incident when reached by telephone on Friday. Jonathan Brock said he would try to reach his son in Florida to see if he wanted to comment on the incident, but Dexter Brock had not contacted the Journal by late Friday afternoon.
Man Stunned With TASER Dies; Victim Fought With Officers
By Jeff Proctor, Journal Staff Writer
An Albuquerque man who was stunned multiple times with a TASER during an altercation with police died Friday at University of New Mexico Hospital.
Randy Martinez, 40, died about 2:45 p.m., hospital spokeswoman Cindy Foster said.
It's the second TASER-related death in the state, following one that occurred in March 2003.
Police suspect Martinez was under the influence of drugs or may have had a pre-existing medical condition, APD spokeswoman Trish Ahrensfield said. But a cause of death has yet to be determined.
"We're awaiting the results of toxicology and autopsy reports, and we've done a thorough investigation," Ahrensfield said. "We'll submit it to the DA's office, and they will say if we have done anything wrong."
Police were summoned about 8 p.m. Wednesday by Martinez's mother, who said her son was out of control at her 1709 53rd NW home.
Martinez became combative with police, Ahrensfield said. One of the responding officers shot him with a gun-like TASER, which shoots two quarter-inch darts that send 26 watts of electricity into a person.
A TASER shock typically renders a subject helpless. But Martinez pulled the darts from his body and continued to fight with police. He was stunned again and eventually fell unconscious.
APD started using TASERs in the early 1990s and has about 550 of the devices. Most patrol officers carry them.
The March 2003 death occurred when Albuquerque police used a TASER gun and pepper spray on a combative vandalism suspect.
According to a report by the Seattle Post-Intelligencer, 69 people nationwide have died after being shot by a TASER between 2000 and 2004.
An Albuquerque man who was stunned multiple times with a TASER during an altercation with police died Friday at University of New Mexico Hospital.
Randy Martinez, 40, died about 2:45 p.m., hospital spokeswoman Cindy Foster said.
It's the second TASER-related death in the state, following one that occurred in March 2003.
Police suspect Martinez was under the influence of drugs or may have had a pre-existing medical condition, APD spokeswoman Trish Ahrensfield said. But a cause of death has yet to be determined.
"We're awaiting the results of toxicology and autopsy reports, and we've done a thorough investigation," Ahrensfield said. "We'll submit it to the DA's office, and they will say if we have done anything wrong."
Police were summoned about 8 p.m. Wednesday by Martinez's mother, who said her son was out of control at her 1709 53rd NW home.
Martinez became combative with police, Ahrensfield said. One of the responding officers shot him with a gun-like TASER, which shoots two quarter-inch darts that send 26 watts of electricity into a person.
A TASER shock typically renders a subject helpless. But Martinez pulled the darts from his body and continued to fight with police. He was stunned again and eventually fell unconscious.
APD started using TASERs in the early 1990s and has about 550 of the devices. Most patrol officers carry them.
The March 2003 death occurred when Albuquerque police used a TASER gun and pepper spray on a combative vandalism suspect.
According to a report by the Seattle Post-Intelligencer, 69 people nationwide have died after being shot by a TASER between 2000 and 2004.
Wednesday, May 18, 2005
'Poor Judgment' in State Cop Incident
Wednesday, May 18, 2005
By Jeremy Pawloski
Journal Staff Writer
An African American State Police officer was sprayed with pepper Mace, handcuffed to a telephone pole and photographed by five other officers in May 2000 in Los Alamos during the Cerro Grande fire, according to court records.
A State Police internal affairs report found that the incident was not racially motivated but that an officer involved "exercised exceptionally poor judgment."
The report was filed as an exhibit in a state court lawsuit in which former State Police officer Jerome Sedillo was seeking his job back in 2003.
According to the report, Sedillo told investigators that "in his view, the entire event was simply a bunch of horseplay."
Sedillo said officers were engaged in "bantering-like behavior, absent any racial remarks" during the incident. But the report also says the remarks to the African American officer included: "Smile so I can see you," "What's up my nigger" or "You look like a survivor/victim from the fire."
The report found that Sedillo had sprayed the pepper Mace into the African American officer's car at the start of the incident.
Sedillo "was untruthful in his responses to the Internal Affairs investigators when questioned as to whether he sprayed the pepper mace into the officer's car," reads an affidavit from State Police Chief Carlos Maldonado.
Sedillo's lawsuit requesting reinstatement as a State Police officer was denied by a Santa Fe District judge on May 2.
Santa Fe District Judge James Hall determined that Maldonado's decision to not reinstate Sedillo after he resigned "was not arbitrary or capricious."
Sedillo's attorney, Donald Sears of Albuquerque, did not have an immediate comment when reached by telephone on Tuesday.
According to court records included in Sedillo's suit:
A criminal investigation into the allegations of Sedillo's participation in the May 22, 2000, incident "while in a parking lot within the 'burned out' area of Los Alamos" determined that Sedillo "did not take an active role in either physically restraining or handcuffing" the African American officer.
But Maldonado, in his affidavit, states that Sedillo "pepper maced" the officer "in order to force him out of his patrol unit, whereupon the officers subsequently drug him to a telephone pole and handcuffed him to the telephone pole, in the dark, and photographed him handcuffed to the telephone pole."
At the conclusion of the investigation, the district attorney declined prosecution of Sedillo or the four other officers involved in the incident, court records state.
Santa Fe District Attorney Henry Valdez said Tuesday that his recollection of the Los Alamos incident is that "we didn't feel there was sufficient evidence available to get a conviction."
In Sedillo's original lawsuit, he says he resigned to take another job before facing any discipline in this incident. He also said he knew of no punishment meted out to any of the other officers implicated.
Police spokesman Peter Olson said information on whether the officers were disciplined was unavailable Tuesday.
In its response to Sedillo's lawsuit, the state acknowledges paying a substantial settlement to the African American officer on a discrimination claim. That officer is no longer with the State Police.
Sedillo is one of four State Police officers whose on-duty misbehavior is a matter of public record in court filings available in Santa Fe District Court.
Three other officers, all currently on administrative leave, have part of their disciplinary records included in court exhibits that are part of a May 16 motion.
The motion filed by Albert Fugere, deputy chief counsel for DPS, asks the court to dismiss the officers' petition for a stay in their administrative disciplinary proceedings and to deny their request for an injunction that would halt those disciplinary proceedings.
"They want to derail the disciplinary process," Fugere said Tuesday.
The three State Police officers who are plaintiffs in the motion are Agent Stephen Montoya, Sgt. Edward Cortez and Lt. Paul Sanchez.
Montoya, Cortez and Sanchez are among a group of officers who are receiving pay while on administrative leave for allegations of wrongdoing, a fact that raised the ire of some lawmakers when it became public last year.
The May 16 motion to dismiss the officers' petition for a stay includes for the first time details of the allegations against them that are part of their DPS file.
According to DPS records in the motion:
Montoya was accused in June 2003 of not returning all of the money that was taken from a suspect during a narcotics seizure after the suspect was stopped on Interstate 25. The suspect claimed he had over $2,000 when he was brought in for questioning, but was given only $210 when his property was returned.
"During the course of this investigation, a polygraph examination was administered to Agent Montoya, which he failed, resulting in a subsequent allegation of untruthfulness being brought against him," reads the investigative file.
Montoya's attorney, Joseph Riggs of Albuquerque, could not be reached for comment Tuesday.
Cortez was accused of claiming overtime for hours he did not work and of falsifying official department documents while on special assignment in Red River in May 2002.
"Additionally, it was alleged that he approved false or inaccurate payroll records for subordinates also working the special assignment," reads his file.
Cortez's attorney, Rob Perry, said Tuesday that the May 16 court filing detailing officers' disciplinary records amounts to a "smear campaign," and clouds the real issue— that DPS has left officers facing discipline in limbo by delaying the process.
Fugere said he had to file the exhibits that included parts of the officers' disciplinary records so that a judge could properly weigh the officers' interest against the public interest.
"When you read what these officers are charged with having done, the public's interest is in having these individuals not be police officers," Fugere siad.
Lt. Sanchez was accused of establishing "a sexual relationship with the wife of a man who (he) arrested and transported for incarceration."
Sanchez also was accused of harassing and battering the husband of the woman. The review of this incident revealed "a serious and similar pattern of alleged misconduct spanning many years, involving relationships with females, wherein Lieutenant Sanchez was alleged to have engaged in abusive and/or abusive behaviors."
Sanchez's attorney, Alan Maestas, could not be reached for comment Tuesday.
By Jeremy Pawloski
Journal Staff Writer
An African American State Police officer was sprayed with pepper Mace, handcuffed to a telephone pole and photographed by five other officers in May 2000 in Los Alamos during the Cerro Grande fire, according to court records.
A State Police internal affairs report found that the incident was not racially motivated but that an officer involved "exercised exceptionally poor judgment."
The report was filed as an exhibit in a state court lawsuit in which former State Police officer Jerome Sedillo was seeking his job back in 2003.
According to the report, Sedillo told investigators that "in his view, the entire event was simply a bunch of horseplay."
Sedillo said officers were engaged in "bantering-like behavior, absent any racial remarks" during the incident. But the report also says the remarks to the African American officer included: "Smile so I can see you," "What's up my nigger" or "You look like a survivor/victim from the fire."
The report found that Sedillo had sprayed the pepper Mace into the African American officer's car at the start of the incident.
Sedillo "was untruthful in his responses to the Internal Affairs investigators when questioned as to whether he sprayed the pepper mace into the officer's car," reads an affidavit from State Police Chief Carlos Maldonado.
Sedillo's lawsuit requesting reinstatement as a State Police officer was denied by a Santa Fe District judge on May 2.
Santa Fe District Judge James Hall determined that Maldonado's decision to not reinstate Sedillo after he resigned "was not arbitrary or capricious."
Sedillo's attorney, Donald Sears of Albuquerque, did not have an immediate comment when reached by telephone on Tuesday.
According to court records included in Sedillo's suit:
A criminal investigation into the allegations of Sedillo's participation in the May 22, 2000, incident "while in a parking lot within the 'burned out' area of Los Alamos" determined that Sedillo "did not take an active role in either physically restraining or handcuffing" the African American officer.
But Maldonado, in his affidavit, states that Sedillo "pepper maced" the officer "in order to force him out of his patrol unit, whereupon the officers subsequently drug him to a telephone pole and handcuffed him to the telephone pole, in the dark, and photographed him handcuffed to the telephone pole."
At the conclusion of the investigation, the district attorney declined prosecution of Sedillo or the four other officers involved in the incident, court records state.
Santa Fe District Attorney Henry Valdez said Tuesday that his recollection of the Los Alamos incident is that "we didn't feel there was sufficient evidence available to get a conviction."
In Sedillo's original lawsuit, he says he resigned to take another job before facing any discipline in this incident. He also said he knew of no punishment meted out to any of the other officers implicated.
Police spokesman Peter Olson said information on whether the officers were disciplined was unavailable Tuesday.
In its response to Sedillo's lawsuit, the state acknowledges paying a substantial settlement to the African American officer on a discrimination claim. That officer is no longer with the State Police.
Sedillo is one of four State Police officers whose on-duty misbehavior is a matter of public record in court filings available in Santa Fe District Court.
Three other officers, all currently on administrative leave, have part of their disciplinary records included in court exhibits that are part of a May 16 motion.
The motion filed by Albert Fugere, deputy chief counsel for DPS, asks the court to dismiss the officers' petition for a stay in their administrative disciplinary proceedings and to deny their request for an injunction that would halt those disciplinary proceedings.
"They want to derail the disciplinary process," Fugere said Tuesday.
The three State Police officers who are plaintiffs in the motion are Agent Stephen Montoya, Sgt. Edward Cortez and Lt. Paul Sanchez.
Montoya, Cortez and Sanchez are among a group of officers who are receiving pay while on administrative leave for allegations of wrongdoing, a fact that raised the ire of some lawmakers when it became public last year.
The May 16 motion to dismiss the officers' petition for a stay includes for the first time details of the allegations against them that are part of their DPS file.
According to DPS records in the motion:
Montoya was accused in June 2003 of not returning all of the money that was taken from a suspect during a narcotics seizure after the suspect was stopped on Interstate 25. The suspect claimed he had over $2,000 when he was brought in for questioning, but was given only $210 when his property was returned.
"During the course of this investigation, a polygraph examination was administered to Agent Montoya, which he failed, resulting in a subsequent allegation of untruthfulness being brought against him," reads the investigative file.
Montoya's attorney, Joseph Riggs of Albuquerque, could not be reached for comment Tuesday.
Cortez was accused of claiming overtime for hours he did not work and of falsifying official department documents while on special assignment in Red River in May 2002.
"Additionally, it was alleged that he approved false or inaccurate payroll records for subordinates also working the special assignment," reads his file.
Cortez's attorney, Rob Perry, said Tuesday that the May 16 court filing detailing officers' disciplinary records amounts to a "smear campaign," and clouds the real issue— that DPS has left officers facing discipline in limbo by delaying the process.
Fugere said he had to file the exhibits that included parts of the officers' disciplinary records so that a judge could properly weigh the officers' interest against the public interest.
"When you read what these officers are charged with having done, the public's interest is in having these individuals not be police officers," Fugere siad.
Lt. Sanchez was accused of establishing "a sexual relationship with the wife of a man who (he) arrested and transported for incarceration."
Sanchez also was accused of harassing and battering the husband of the woman. The review of this incident revealed "a serious and similar pattern of alleged misconduct spanning many years, involving relationships with females, wherein Lieutenant Sanchez was alleged to have engaged in abusive and/or abusive behaviors."
Sanchez's attorney, Alan Maestas, could not be reached for comment Tuesday.
Brutality Claim Filed Against APD
By Megan Feldman, Journal Staff Writer
Albuquerque Police Department's Internal Affairs is investigating allegations that police officers slammed a suspect to the ground and beat him with their fists and flashlights.
Allegations of excessive force were initially reported to Independent Review Officer Jay Rowland on April 11. Rowland is sending all citizen complaints to Internal Affairs while he investigates APD's handling of problems at the evidence room.
Agustin Juarez, who lives next door to the house where Tim Chism, 28, and James Romero, 43, were arrested, filed a witness statement with Rowland on April 11.
Juarez said in an interview with the Journal that he was at home when he heard yelling and loud noises.
He said he went to the window and saw several officers ordering a man to come out and put his hands up.
After the man complied and was handcuffed, the officers threw him to the ground and struck him repeatedly with their fists and flashlights, Juarez said in a statement submitted to Rowland.
The officers were yelling obscenities, the statement said.
Police spokesman John Walsh confirmed last week that Internal Affairs is looking into accusations of excessive force.
"Given the seriousness of the allegations, IA will be investigating," he said. Walsh declined further comment.
According to a Metropolitan Court criminal complaint, Chism and Romero refused to obey officers who responded to a drug traffic call in the 1200 block of Summer NW about 9:30 p.m. on April 10.
When officers entered the home, where Chism said he and his girlfriend were staying, they found drugs, a marijuana pipe and other drug paraphernalia within reach of Chism's child, according to the complaint. The girlfriend was not charged.
The criminal complaint states that Romero tried to flee the scene.
Chism is being held on charges of eluding a police officer, possession of drug paraphernalia and child endangerment.
Albuquerque Police Department's Internal Affairs is investigating allegations that police officers slammed a suspect to the ground and beat him with their fists and flashlights.
Allegations of excessive force were initially reported to Independent Review Officer Jay Rowland on April 11. Rowland is sending all citizen complaints to Internal Affairs while he investigates APD's handling of problems at the evidence room.
Agustin Juarez, who lives next door to the house where Tim Chism, 28, and James Romero, 43, were arrested, filed a witness statement with Rowland on April 11.
Juarez said in an interview with the Journal that he was at home when he heard yelling and loud noises.
He said he went to the window and saw several officers ordering a man to come out and put his hands up.
After the man complied and was handcuffed, the officers threw him to the ground and struck him repeatedly with their fists and flashlights, Juarez said in a statement submitted to Rowland.
The officers were yelling obscenities, the statement said.
Police spokesman John Walsh confirmed last week that Internal Affairs is looking into accusations of excessive force.
"Given the seriousness of the allegations, IA will be investigating," he said. Walsh declined further comment.
According to a Metropolitan Court criminal complaint, Chism and Romero refused to obey officers who responded to a drug traffic call in the 1200 block of Summer NW about 9:30 p.m. on April 10.
When officers entered the home, where Chism said he and his girlfriend were staying, they found drugs, a marijuana pipe and other drug paraphernalia within reach of Chism's child, according to the complaint. The girlfriend was not charged.
The criminal complaint states that Romero tried to flee the scene.
Chism is being held on charges of eluding a police officer, possession of drug paraphernalia and child endangerment.
Friday, May 6, 2005
Asset Forfeiture: Albuquerque Police Broke Law with Seized Funds 5/6/05
5/6/05
http://stopthedrugwar.org/chronicle/385/albuquerque.shtml
A City of Albuquerque audit of the city police department's use of federal drug forfeiture money has found that the department violated state law and federal guidelines by using seized drug money to pay more than $32,000 in rent for a private armored car company. Under the state constitution, municipalities are barred from making donations to private corporations.
Albuquerque police helicopter
The action endangers the Albuquerque Police Department's access to federal drug money, the auditors warned in a report released April 28. "Ultimately they could lose (the funds), but that would not be the first step... they could get a warning," said Carmen L. Kavelman, city internal auditor. "If you misuse federal funds, you are always in danger of losing them. They are designated for specific purposes."
Last year, the department received $730,000 as its share of federal drug seizure funds under a law passed in 1984. The department typically uses the money for training, drug buy cash, cars, and computers. But when it used some of the money to pay rent for LL&D, Inc., an armored car company, the department not only violated state law but federal regulations, auditors said.
The unusual arrangement was just the department trying to make amends for some Keystone Cops behavior. LL&D was made homeless after police virtually destroyed its facility during a 19-hour SWAT team standoff with a burglary suspect in September. Police unleashed so much tear gas and explosives in their effort to snare the suspect that the business could no longer operate, so the police allowed LL&D to move into a building the department had leased using the federal forfeiture money.
This is just the latest blow to a department already reeling from an evidence room scandal in which drugs, weapons, and cash have been reported missing in dozens of cases. The state of the evidence room was so bad, local prosecutors said, they couldn't figure out whom to charge. That affair led to the resignation of the police chief last month.
New Police Chief Ray Schultz does not want to lose that federal drug money, a spokesman said. "Chief Schultz will be very diligent that all practices, policies and procedures follow the guidelines set forth by the federal, state and local government. He is going to be examining this audit in detail and he is going to ensure each and every concern has been addressed for complete compliance."
http://stopthedrugwar.org/chronicle/385/albuquerque.shtml
A City of Albuquerque audit of the city police department's use of federal drug forfeiture money has found that the department violated state law and federal guidelines by using seized drug money to pay more than $32,000 in rent for a private armored car company. Under the state constitution, municipalities are barred from making donations to private corporations.
Albuquerque police helicopter
The action endangers the Albuquerque Police Department's access to federal drug money, the auditors warned in a report released April 28. "Ultimately they could lose (the funds), but that would not be the first step... they could get a warning," said Carmen L. Kavelman, city internal auditor. "If you misuse federal funds, you are always in danger of losing them. They are designated for specific purposes."
Last year, the department received $730,000 as its share of federal drug seizure funds under a law passed in 1984. The department typically uses the money for training, drug buy cash, cars, and computers. But when it used some of the money to pay rent for LL&D, Inc., an armored car company, the department not only violated state law but federal regulations, auditors said.
The unusual arrangement was just the department trying to make amends for some Keystone Cops behavior. LL&D was made homeless after police virtually destroyed its facility during a 19-hour SWAT team standoff with a burglary suspect in September. Police unleashed so much tear gas and explosives in their effort to snare the suspect that the business could no longer operate, so the police allowed LL&D to move into a building the department had leased using the federal forfeiture money.
This is just the latest blow to a department already reeling from an evidence room scandal in which drugs, weapons, and cash have been reported missing in dozens of cases. The state of the evidence room was so bad, local prosecutors said, they couldn't figure out whom to charge. That affair led to the resignation of the police chief last month.
New Police Chief Ray Schultz does not want to lose that federal drug money, a spokesman said. "Chief Schultz will be very diligent that all practices, policies and procedures follow the guidelines set forth by the federal, state and local government. He is going to be examining this audit in detail and he is going to ensure each and every concern has been addressed for complete compliance."
Wednesday, May 4, 2005
Former Bloomfield Officer Accused of Child Sexual Abuse
Associated Press
BLOOMFIELD — A former Bloomfield police officer has been charged with criminal sexual contact of a minor. Joseph Goodman, 54, is accused of molesting a child under the age of 13 at his home in Bloomfield, San Juan County sheriff's Detective Tyler Truby said. The allegations cover the course of a year beginning in 2004. Truby said the child told a family member, who called the sheriff's office. Goodman resigned from the Bloomfield force in February 2004, Chief Drew Standley said. Goodman had an initial appearance before Magistrate Wilma Charley. Officials said he bonded out of jail Monday.
BLOOMFIELD — A former Bloomfield police officer has been charged with criminal sexual contact of a minor. Joseph Goodman, 54, is accused of molesting a child under the age of 13 at his home in Bloomfield, San Juan County sheriff's Detective Tyler Truby said. The allegations cover the course of a year beginning in 2004. Truby said the child told a family member, who called the sheriff's office. Goodman resigned from the Bloomfield force in February 2004, Chief Drew Standley said. Goodman had an initial appearance before Magistrate Wilma Charley. Officials said he bonded out of jail Monday.
Thursday, April 28, 2005
APD Handling Citizen Complaints During Evidence Probe
By T.J. Wilham and Megan Feldman, Journal Staff Writers
Because his office is busy looking into the Albuquerque Police Department's evidence room, the city's independent review officer is sending all citizen police complaints to APD's internal affairs investigators.
Before IRO Jay Rowland started his investigation into the evidence room at the end of March, about 60 percent of citizen complaints were investigated by his office. The remaining went to APD.
Which cases Rowland investigated depended on his office's caseload and whether the accusations involved a lieutenant or above.
"I'm still going to review every case to make sure the investigation is thoroughly and impartially done," Rowland said of the complaints reviewed by the APD unit. "If they miss something, I'll return it for further investigation. All of our resources are going to get that thing (evidence report) out as fast as we can."
So far this year, Rowland's office has received 109 complaints. How many of those complaints have been forwarded to the APD unit is not known.
Because APD investigators will be conducting the investigations, it will take longer than before for a citizen complaint to be completed.
Rowland has two investigators who work under him. APD has about six internal affairs investigators, who investigate complaints against officers by citizens and other officers.
Police Chief Ray Schultz said he is in the process of adding temporary investigators to the unit.
"We have handled this amount of cases before and we are going to do it again," he said. "We are going to do our best to complete fair and impartial investigations on all of these cases. That is what (internal affairs) is all about."
On March 23, Mayor Martin Chávez announced Rowland would investigate APD's evidence room. The city has already approved $25,000 for four "all-star" attorneys Rowland has brought on board. Money could increase as the investigation moves forward.
The investigation by Rowland's office is looking into how the department handled allegations that employees were stealing from the evidence room. Although many audits and investigations have been conducted, no probe has looked into APD's handling of its own criminal allegations.
Chief Gilbert Gallegos stepped down last month in the wake of allegations by former and current officers that he moved too slowly in addressing problems at the department's evidence room. The critics complained that he had allowed employees suspected of stealing from the evidence room to continue to work in the unit.
Earlier this week, the Attorney General's Office issued a report that at least $58,000 was stolen from the evidence room but that criminal prosecution was not possible because critical records were missing or had been altered.
Because his office is busy looking into the Albuquerque Police Department's evidence room, the city's independent review officer is sending all citizen police complaints to APD's internal affairs investigators.
Before IRO Jay Rowland started his investigation into the evidence room at the end of March, about 60 percent of citizen complaints were investigated by his office. The remaining went to APD.
Which cases Rowland investigated depended on his office's caseload and whether the accusations involved a lieutenant or above.
"I'm still going to review every case to make sure the investigation is thoroughly and impartially done," Rowland said of the complaints reviewed by the APD unit. "If they miss something, I'll return it for further investigation. All of our resources are going to get that thing (evidence report) out as fast as we can."
So far this year, Rowland's office has received 109 complaints. How many of those complaints have been forwarded to the APD unit is not known.
Because APD investigators will be conducting the investigations, it will take longer than before for a citizen complaint to be completed.
Rowland has two investigators who work under him. APD has about six internal affairs investigators, who investigate complaints against officers by citizens and other officers.
Police Chief Ray Schultz said he is in the process of adding temporary investigators to the unit.
"We have handled this amount of cases before and we are going to do it again," he said. "We are going to do our best to complete fair and impartial investigations on all of these cases. That is what (internal affairs) is all about."
On March 23, Mayor Martin Chávez announced Rowland would investigate APD's evidence room. The city has already approved $25,000 for four "all-star" attorneys Rowland has brought on board. Money could increase as the investigation moves forward.
The investigation by Rowland's office is looking into how the department handled allegations that employees were stealing from the evidence room. Although many audits and investigations have been conducted, no probe has looked into APD's handling of its own criminal allegations.
Chief Gilbert Gallegos stepped down last month in the wake of allegations by former and current officers that he moved too slowly in addressing problems at the department's evidence room. The critics complained that he had allowed employees suspected of stealing from the evidence room to continue to work in the unit.
Earlier this week, the Attorney General's Office issued a report that at least $58,000 was stolen from the evidence room but that criminal prosecution was not possible because critical records were missing or had been altered.
Sunday, April 3, 2005
Another APD Evidence Room Inquiry Launched
By Jeff Proctor, Journal Staff Writer
Albuquerque Mayor Martin Chávez on Saturday announced yet another investigation into the city police department's evidence room.
At a news conference to announce the hiring of new Chief of Police Ray Schultz, Chávez also charged a blue-ribbon commission with "making our evidence room the very best in the country."
Former Police Chief Gilbert Gallegos stepped down Wednesday amid allegations he allowed theft and mismanagement to fester in the evidence unit for more than a year.
Among the allegations have been that cash, drugs, jewelry and other evidence went missing from the unit.
The commission will join the state Attorney General's Office, the city's Independent Review Office and APD's internal investigators, who are already looking at the evidence unit.
The AG's investigation is finished, and a final report is expected in the coming months.
Acting APD Chief Joe Bowdich— who will remain in the post until April 18, when Schultz takes over— will serve as chairman of the commission, Chávez said.
The commission "will immediately go into the evidence room and assure the citizens of Albuquerque that things are running as they should," he said. "Then the job will be to roll up their sleeves and reach for that goal of being the best."
Other commission members are: District Attorney Kari Brandenburg, Bernalillo County Sheriff Darren White, City Council President Brad Winter, City Attorney Bob White and Police Oversight Commission Chairman Michael Cook.
"The problems will get solved, and they are indeed already on their way to getting solved," Bowdich said.
APD evidence room timeline
DECEMBER 2001: Gilbert Gallegos is named chief of police.
JULY 18, 2003: A follow-up to a 2000 internal city audit says APD had fully complied with only five recommendations, and it reiterates the need for an inventory of the evidence room. (Gallegos says this is when he first became aware of the problems.)
AUGUST 2003: Detective Cynthia Orr tells Gallegos she found proof that two employees were stealing from the evidence room and asks the chief to transfer them. Gallegos later told the Journal he did not have enough proof to transfer them but restricted their access in the unit. He also orders an internal criminal investigation.
JANUARY 2004: The two employees suspected of stealing are transferred.
MARCH 2004: An anonymous letter sent to law enforcement officials and the media claims that weapons, drugs, jewelry and cash were stolen from the evidence room and that police officials are covering it up.
MARCH 3, 2004: Gallegos announces he has asked the Attorney General's Office for a criminal investigation. He says a private company, Maximum Security, will do a forensic audit.
APRIL 24, 2004: Capt. Marie Miranda takes over the Metropolitan Forensic Science Center, which houses the evidence room.
AUG. 4, 2004: Miranda, in an e-mail, warns Deputy Chief Ed Sauer of a cover-up and mismanagement.
MARCH 18: After giving a tour of the evidence unit to the Journal, Orr tells the Journal that Gallegos lied and covered up problems.
MARCH 30: Gallegos retires. Former Sheriff Joe Bowdich is named interim chief.
APRIL 2: Ray Schultz, a former APD deputy chief, is named chief.
Albuquerque Mayor Martin Chávez on Saturday announced yet another investigation into the city police department's evidence room.
At a news conference to announce the hiring of new Chief of Police Ray Schultz, Chávez also charged a blue-ribbon commission with "making our evidence room the very best in the country."
Former Police Chief Gilbert Gallegos stepped down Wednesday amid allegations he allowed theft and mismanagement to fester in the evidence unit for more than a year.
Among the allegations have been that cash, drugs, jewelry and other evidence went missing from the unit.
The commission will join the state Attorney General's Office, the city's Independent Review Office and APD's internal investigators, who are already looking at the evidence unit.
The AG's investigation is finished, and a final report is expected in the coming months.
Acting APD Chief Joe Bowdich— who will remain in the post until April 18, when Schultz takes over— will serve as chairman of the commission, Chávez said.
The commission "will immediately go into the evidence room and assure the citizens of Albuquerque that things are running as they should," he said. "Then the job will be to roll up their sleeves and reach for that goal of being the best."
Other commission members are: District Attorney Kari Brandenburg, Bernalillo County Sheriff Darren White, City Council President Brad Winter, City Attorney Bob White and Police Oversight Commission Chairman Michael Cook.
"The problems will get solved, and they are indeed already on their way to getting solved," Bowdich said.
APD evidence room timeline
DECEMBER 2001: Gilbert Gallegos is named chief of police.
JULY 18, 2003: A follow-up to a 2000 internal city audit says APD had fully complied with only five recommendations, and it reiterates the need for an inventory of the evidence room. (Gallegos says this is when he first became aware of the problems.)
AUGUST 2003: Detective Cynthia Orr tells Gallegos she found proof that two employees were stealing from the evidence room and asks the chief to transfer them. Gallegos later told the Journal he did not have enough proof to transfer them but restricted their access in the unit. He also orders an internal criminal investigation.
JANUARY 2004: The two employees suspected of stealing are transferred.
MARCH 2004: An anonymous letter sent to law enforcement officials and the media claims that weapons, drugs, jewelry and cash were stolen from the evidence room and that police officials are covering it up.
MARCH 3, 2004: Gallegos announces he has asked the Attorney General's Office for a criminal investigation. He says a private company, Maximum Security, will do a forensic audit.
APRIL 24, 2004: Capt. Marie Miranda takes over the Metropolitan Forensic Science Center, which houses the evidence room.
AUG. 4, 2004: Miranda, in an e-mail, warns Deputy Chief Ed Sauer of a cover-up and mismanagement.
MARCH 18: After giving a tour of the evidence unit to the Journal, Orr tells the Journal that Gallegos lied and covered up problems.
MARCH 30: Gallegos retires. Former Sheriff Joe Bowdich is named interim chief.
APRIL 2: Ray Schultz, a former APD deputy chief, is named chief.
Saturday, March 26, 2005
Feds Holding Off on APD Probe
By T.J. Wilham, Journal Staff Writer
The U.S. Attorney's Office is not going to join the list of agencies investigating the Albuquerque Police Department's evidence room— at least for now.
On Friday, U.S. Attorney officials said that, despite Mayor Martin Chávez's request last week to start an inquiry, they are going to wait for the results of state Attorney General Patricia Madrid's investigation before a decision is made on whether to start a probe of their own.
"It would be premature to launch a federal investigation, especially given the fact the AG is already conducting a criminal investigation," said Norm Cairns, an assistant U.S. attorney. "If (Madrid) requested assistance, we would assist. Absent such a request, our office is going to wait and see how the state investigation turns out."
Chávez initiated talks with the U.S. Attorneys Office in Albuquerque after Sgt. Cynthia Orr told the Journal last week that Chief Gilbert Gallegos has lied and attempted to cover up problems at the evidence unit. Gallegos has denied the allegation.
Chávez said he understands the decision.
"I respect the decision, but this really tightens the need to get the AG investigation complete," Chávez said. "There are certain things as mayor I can not get done until (Madrid) gets her investigation complete.
"I have to make sure of the factual predicate before I do things that could devastate careers."
The mayor has said changes will be made in APD because of the ongoing evidence room issues. He would not comment one way or the other if Gallegos will lose his job.
Last year, the AG's Office started to investigate APD's evidence room after an anonymous memo was sent to law enforcement officials claiming cash, drugs and jewelry were missing from the unit. The memo also questioned APD's own investigation into the matter.
AG officials have acknowledged their investigation is complete, but they are reviewing it before they issue a report.
Chávez said he does not know when the AG's Office will issue a report.
But, "from my conversations with (Madrid), it is not on the immediate horizon," he said. "She is restricted on what she can tell me."
Chávez said part of the delay is that Madrid is in Spain visiting her son and is not expected to be back for at least another week. He said Madrid does not want anything issued until she has a chance to read it.
According to APD memos obtained by the Journal this week, the AG's office is investigating the loss of more than $75,000 in property. Four police employees— including two officers— have been implicated in the thefts.
The officers are cooperating with authorities, and it is likely they will not be charged with a crime, the memos show. The memos say the employees were able to take property out of the evidence room while it was going to auction.
So far, the city's internal auditor, APD detectives, a private security company, the city' Independent Review Office and a private consulting company have conducted or are conducting reviews, audits or investigations into the evidence room.
Chávez said he has also asked the IRO to investigate the timeliness of APD's internal investigation and allegations Gallegos allowed two employees accused of wrongdoing to work in the evidence room for six months, thus allowing them the opportunity to destroy evidence that would have proven their guilt.
The U.S. Attorney's Office is not going to join the list of agencies investigating the Albuquerque Police Department's evidence room— at least for now.
On Friday, U.S. Attorney officials said that, despite Mayor Martin Chávez's request last week to start an inquiry, they are going to wait for the results of state Attorney General Patricia Madrid's investigation before a decision is made on whether to start a probe of their own.
"It would be premature to launch a federal investigation, especially given the fact the AG is already conducting a criminal investigation," said Norm Cairns, an assistant U.S. attorney. "If (Madrid) requested assistance, we would assist. Absent such a request, our office is going to wait and see how the state investigation turns out."
Chávez initiated talks with the U.S. Attorneys Office in Albuquerque after Sgt. Cynthia Orr told the Journal last week that Chief Gilbert Gallegos has lied and attempted to cover up problems at the evidence unit. Gallegos has denied the allegation.
Chávez said he understands the decision.
"I respect the decision, but this really tightens the need to get the AG investigation complete," Chávez said. "There are certain things as mayor I can not get done until (Madrid) gets her investigation complete.
"I have to make sure of the factual predicate before I do things that could devastate careers."
The mayor has said changes will be made in APD because of the ongoing evidence room issues. He would not comment one way or the other if Gallegos will lose his job.
Last year, the AG's Office started to investigate APD's evidence room after an anonymous memo was sent to law enforcement officials claiming cash, drugs and jewelry were missing from the unit. The memo also questioned APD's own investigation into the matter.
AG officials have acknowledged their investigation is complete, but they are reviewing it before they issue a report.
Chávez said he does not know when the AG's Office will issue a report.
But, "from my conversations with (Madrid), it is not on the immediate horizon," he said. "She is restricted on what she can tell me."
Chávez said part of the delay is that Madrid is in Spain visiting her son and is not expected to be back for at least another week. He said Madrid does not want anything issued until she has a chance to read it.
According to APD memos obtained by the Journal this week, the AG's office is investigating the loss of more than $75,000 in property. Four police employees— including two officers— have been implicated in the thefts.
The officers are cooperating with authorities, and it is likely they will not be charged with a crime, the memos show. The memos say the employees were able to take property out of the evidence room while it was going to auction.
So far, the city's internal auditor, APD detectives, a private security company, the city' Independent Review Office and a private consulting company have conducted or are conducting reviews, audits or investigations into the evidence room.
Chávez said he has also asked the IRO to investigate the timeliness of APD's internal investigation and allegations Gallegos allowed two employees accused of wrongdoing to work in the evidence room for six months, thus allowing them the opportunity to destroy evidence that would have proven their guilt.
Friday, March 25, 2005
Memos: APD's Head In Sand
By T.J. Wilham, Journal Staff Writer
The Albuquerque police captain hired to clean up the evidence room had complained to the chief's office that she was set up to fail because she was not given enough authority to fix the problems.
Capt. Marie Miranda, in an e-mail, also suggested the police department culture needed to "change at the top."
And she notified Police Chief Gilbert Gallegos that "problems reported were largely ignored" and "there was a deliberate effort to keep things under (wraps)."
Copies of Miranda's 2004 memos and e-mails, which were written between Aug. 4 and Nov. 19, were obtained by the Journal this week.
Gallegos declined comment on the memos.
Miranda is the focus of an APD internal affairs investigation. She has been accused of violating the department's standard operating procedures. She was placed on paid administrative leave on March 16 after she had been transferred— at her request— out of the evidence room post she had held for 10 months.
Miranda had been put in charge of APD's Metropolitan Forensic Science Center, which houses the evidence room, after an anonymous memo was sent to Gallegos in March 2004 that claimed cash, jewelry and guns were missing from the evidence room. The memo also questioned APD's investigation into the matter.
In response, Gallegos asked the state Attorney General's Office to investigate. He also asked a private firm to do a forensic audit.
An internal investigation was launched earlier this month after Miranda's attorney, Rob Perry, wrote a letter to Gallegos claiming evidence from hundreds of cases was destroyed during a chemical leak and apparently no one had notified the Bernalillo County District Attorney's Office.
The letter was also sent to the DA's office and other law enforcement officials.
Police officials have said they are investigating whether Miranda failed to follow the proper chain of command to report misconduct.
Detective Jeff Arbogast, an APD spokesman, acknowledged the department was aware of many issues in Miranda's memos and e-mails. The Journal sent copies of them to APD to verify their authenticity.
"Any allegations or issues that are raised in the e-mail and memos are ... being examined in the internal affairs and the attorney general's investigation," Arbogast said. "We are not going to play this out in the media. Both investigations will answer the questions raised in those documents."
Perry also verified the authenticity of the documents. He said they show his client was properly trying to notify APD officials of problems in the evidence room and that Gallegos failed to respond.
"If this is not a smoking gun, it is the next thing to it," he said. "This clearly shows the notice of problems and the inaction of management. It's hard to deny the clarity of those correspondence. They are very troubling.
"If this becomes a credibility question, who are you going to believe? The chief or your own eyes that have read the correspondences?"
Gallegos said he first learned there were problems in the evidence room in July 2003 and immediately took action, including putting Miranda in charge in April 2004. Miranda was the first captain to oversee the forensic science center.
Cover-up warning
In an Aug. 4 e-mail to Deputy Chief Ed Sauer, Miranda warned of a cover-up of mismanagement in the evidence room. She said logs documenting who was coming in and out had been destroyed and there was no accountability, which allowed employees to commit crimes.
She said in the e-mail that she was "deeply troubled" and that "every issue of concern has been minimized by management here and every day we discover neglect and mismanagement.
"No one seems to want to come clean with the entire array of deficiencies. So, we have to stumble onto items and discover them through other means."
In response to the e-mail, Sauer said Aug. 5 that he wanted to meet with Miranda. He said he would invite the inspections division because "they are concerned that issues they have been bringing up for months have still not been corrected."
Two months later, then-Lt. Larry Sonntag, who was in charge of the department's inspection division, wrote a memo to Gallegos dated Oct. 11 complaining that a complete inventory of the evidence room had not been done. He also claimed the administration allowed employees accused of stealing items from the evidence room to continue to work there, which allowed them to destroy evidence of their guilt.
Sonntag said not doing a complete audit "as the public and I were told we were going to do, amounts to sticking our heads in the sand— hoping the storm will be done when we look up again."
The inventory of the evidence room didn't start until December 2004, about four years after a city internal auditor first recommended one. The recommendation was repeated in follow-up audits in June 2001 and July 2003. Gallegos said he became aware of problems in the evidence room through the 2003 follow-up audit.
A couple of weeks after Sonntag wrote his memo, Miranda wrote an e-mail to Sauer dated Oct. 29.
This time, she said she finally figured out why the lab was "so jacked up," according to the e-mail. She reported to her deputy chief that the civilian director was gone an average of two weeks a month and was "parading around the country fixing everyone else's lab."
"She should be here taking care of her own," Miranda wrote. "This place is jacked up beyond belief. There really is no one in charge.
"I think it is my job to make you look good, but crap, it is getting hard to do."
'Set up for failure'
The next day, she wrote another memo to Sauer, complaining she was being "set up for failure" because she lacked authority over budget issues and decisions that impact operations.
"To effect real and lasting change, you need to cut your losses and give success a chance," Miranda wrote. "This is too important of an operation to continue to let it run substandard. When the *%#@ hits the fan, you want to be able to convince the public that this is being mitigated in the most serious way.
"I have tried it your way, now I think I deserve a chance at my way. What else are you waiting for to happen?"
On Nov. 12, Miranda wrote a memo to Gallegos updating him on the overall status of the evidence room.
She highlighted many changes that had been made but added, "The culture needs to change at the top before we are successful in implementing all of the accountability changes that need to occur."
She complained that "problems reported were largely ignored" and "there was a deliberate effort to keep things under (wraps)."
She also said a "change of leadership needs to occur" and "employees for the most part operate on their own, with little, or no direction."
Miranda wrote another memo to Gallegos on Nov. 19, reporting she had inspected the old evidence room at the main police station Downtown. The evidence unit was moved from there to the new location on Second Street in April 2002, about four months after Gallegos became chief.
Droppings and dust
When Miranda inspected the old facility, she noted there was drug evidence there dating to 1993, the memo states. She wrote that she found filthy rooms, rat droppings, dust and dried-up liquid spills on counters and floors.
Some of the evidence bags were torn open, others were improperly sealed and others had leaked, the memo said. She also said she found mold growing in some of the evidence bags.
Miranda said evidence technicians told her they were ordered to move everything out and relocate it to the new evidence unit. But at some point, an evidence room sergeant ordered employees to move drug evidence back to the main police station. There were no records that this move occurred, Miranda said.
"No one considered the area a priority," she said.
About two weeks later, an inventory was started.
After Miranda's transfer request in February, police officials replaced her with Sonntag, who they acknowledged was among the biggest critics of the evidence room.
Miranda was transferred to the Foothills Area Command.
While the two captains were going through the transition, evidence room employees noticed a chemical coming from a container holding drug evidence. A company hired to clean it up had to destroy evidence in 235 cases to remove the chemical.
A few days after Perry's letter was sent to Gallegos, Sonntag wrote a March 10 memo notifying the DA's Office of the loss of evidence.
APD EVIDENCE ROOM TIMELINE
April 12, 2000— An internal city audit shows that a complete inventory of the Albuquerque Police Department's evidence room had not been done since 1983. It makes 12 recommendations.
June 22, 2001— A follow-up audit shows APD has complied with five of the recommendations but has yet to safeguard cash, compile a complete inventory and improve security.
December 2001— Gilbert Gallegos is named chief of police.
July 18, 2003— Another follow-up audit says APD still had fully complied with only five recommendations, and it reiterates the need for an inventory. (Gallegos says this is when he first became aware of the problems.)
July 2003— At Gallegos' order, detective Cynthia Orr conducts a surprise inspection of the evidence room.
August 2003— Orr tells Gallegos she found proof that two employees were stealing from the evidence room and asks the chief to transfer them. Gallegos later told the Journal he did not have enough proof to transfer them but restricted their access in the unit. He also orders an internal criminal investigation.
January 2004— The two employees suspected of stealing are transferred.
March 2004— An anonymous letter sent to several law enforcement officials claims weapons, drugs, jewelry and cash were stolen from the evidence room, and police officials are covering it up. The memo is sent to the media.
March 3, 2004— Gallegos announces he has asked the state Attorney General's Office for a criminal investigation. He says a private company, Maximum Security, will do a forensic audit.
April 24, 2004— Former Albuquerque police officer, Capt. Marie Miranda, returns to APD and takes over the Metropolitan Forensic Science Center, which houses the evidence room.
Aug. 4, 2004— Miranda, in an e-mail, warns Deputy Chief Ed Sauer of a cover-up and mismanagement.
Oct. 11, 2004— Lt. Larry Sonntag, in charge of the inspections and accreditation unit, writes a letter to Gallegos saying APD leadership has failed to act, possibly allowing evidence employees to destroy traces of their own wrongdoing.
Nov. 12, 2004— Miranda writes to Gallegos saying problems have been "largely ignored" and "there was a deliberate effort to keep things under (wraps)."
Dec. 1, 2004— Orr is transferred to the evidence room to directly oversee it, with the rank of acting sergeant.
December 2004— The first inventory to determine what is missing begins— more than four years after the city auditor first recommended it.
Dec. 29, 2004— Orr writes a letter to Miranda and sends copies to Sonntag and Gallegos. She says despite her repeated objections, APD officers under investigation continue to work in the evidence room with access to evidence collected in their own investigations.
Feb. 4, 2005— Evidence is destroyed inside a drug vault during a chemical reaction involving methamphetamines. A list given to APD shows evidence in 235 cases was destroyed during a cleanup. The District Attorney's Office and the Sheriff's Office, which houses evidence at the facility, are not immediately notified.
February 2005— Sonntag is promoted to captain and given command of the Metropolitan Forensic Science Center. He replaces Miranda, who requested a transfer.
March 2005— Capt. Ron Paiz is removed from his position overseeing internal affairs. Paiz had ordered an investigation into high-ranking officers, including wrongdoing at the evidence unit.
March 7, 2005— Miranda's attorney, Rob Perry, sends a letter to Gallegos regarding the chemical leak. He notes that Miranda had told Gallegos about it several times.
March 10, 2005— Sonntag sends notification to the DA's Office about the cleanup and the destroyed evidence.
March 16, 2005— Miranda is placed on paid administrative leave pending the outcome of an internal investigation into whether she violated APD's standard operating procedures.
March 18, 2005— After giving a tour of the evidence unit to the Journal, Orr claims Gallegos lied and covered up problems.
March 19, 2005— Mayor Martin Chávez says "heads are going to roll" because of the problems. He starts talks with the U.S. Attorney's Office in Albuquerque about conducting a probe.
March 21, 2005— Orr sends a letter to Gallegos claiming that during a briefing, two deputy chiefs encouraged hundreds of officers to retaliate against her.
March 21, 2005— City councilors grill Gallegos. He tells them he has done more than any other chief to clean up the evidence room.
March 23, 2005— Mayor Martin Chávez asks Independent Review Officer Jay Rowland to start an investigation.
The Albuquerque police captain hired to clean up the evidence room had complained to the chief's office that she was set up to fail because she was not given enough authority to fix the problems.
Capt. Marie Miranda, in an e-mail, also suggested the police department culture needed to "change at the top."
And she notified Police Chief Gilbert Gallegos that "problems reported were largely ignored" and "there was a deliberate effort to keep things under (wraps)."
Copies of Miranda's 2004 memos and e-mails, which were written between Aug. 4 and Nov. 19, were obtained by the Journal this week.
Gallegos declined comment on the memos.
Miranda is the focus of an APD internal affairs investigation. She has been accused of violating the department's standard operating procedures. She was placed on paid administrative leave on March 16 after she had been transferred— at her request— out of the evidence room post she had held for 10 months.
Miranda had been put in charge of APD's Metropolitan Forensic Science Center, which houses the evidence room, after an anonymous memo was sent to Gallegos in March 2004 that claimed cash, jewelry and guns were missing from the evidence room. The memo also questioned APD's investigation into the matter.
In response, Gallegos asked the state Attorney General's Office to investigate. He also asked a private firm to do a forensic audit.
An internal investigation was launched earlier this month after Miranda's attorney, Rob Perry, wrote a letter to Gallegos claiming evidence from hundreds of cases was destroyed during a chemical leak and apparently no one had notified the Bernalillo County District Attorney's Office.
The letter was also sent to the DA's office and other law enforcement officials.
Police officials have said they are investigating whether Miranda failed to follow the proper chain of command to report misconduct.
Detective Jeff Arbogast, an APD spokesman, acknowledged the department was aware of many issues in Miranda's memos and e-mails. The Journal sent copies of them to APD to verify their authenticity.
"Any allegations or issues that are raised in the e-mail and memos are ... being examined in the internal affairs and the attorney general's investigation," Arbogast said. "We are not going to play this out in the media. Both investigations will answer the questions raised in those documents."
Perry also verified the authenticity of the documents. He said they show his client was properly trying to notify APD officials of problems in the evidence room and that Gallegos failed to respond.
"If this is not a smoking gun, it is the next thing to it," he said. "This clearly shows the notice of problems and the inaction of management. It's hard to deny the clarity of those correspondence. They are very troubling.
"If this becomes a credibility question, who are you going to believe? The chief or your own eyes that have read the correspondences?"
Gallegos said he first learned there were problems in the evidence room in July 2003 and immediately took action, including putting Miranda in charge in April 2004. Miranda was the first captain to oversee the forensic science center.
Cover-up warning
In an Aug. 4 e-mail to Deputy Chief Ed Sauer, Miranda warned of a cover-up of mismanagement in the evidence room. She said logs documenting who was coming in and out had been destroyed and there was no accountability, which allowed employees to commit crimes.
She said in the e-mail that she was "deeply troubled" and that "every issue of concern has been minimized by management here and every day we discover neglect and mismanagement.
"No one seems to want to come clean with the entire array of deficiencies. So, we have to stumble onto items and discover them through other means."
In response to the e-mail, Sauer said Aug. 5 that he wanted to meet with Miranda. He said he would invite the inspections division because "they are concerned that issues they have been bringing up for months have still not been corrected."
Two months later, then-Lt. Larry Sonntag, who was in charge of the department's inspection division, wrote a memo to Gallegos dated Oct. 11 complaining that a complete inventory of the evidence room had not been done. He also claimed the administration allowed employees accused of stealing items from the evidence room to continue to work there, which allowed them to destroy evidence of their guilt.
Sonntag said not doing a complete audit "as the public and I were told we were going to do, amounts to sticking our heads in the sand— hoping the storm will be done when we look up again."
The inventory of the evidence room didn't start until December 2004, about four years after a city internal auditor first recommended one. The recommendation was repeated in follow-up audits in June 2001 and July 2003. Gallegos said he became aware of problems in the evidence room through the 2003 follow-up audit.
A couple of weeks after Sonntag wrote his memo, Miranda wrote an e-mail to Sauer dated Oct. 29.
This time, she said she finally figured out why the lab was "so jacked up," according to the e-mail. She reported to her deputy chief that the civilian director was gone an average of two weeks a month and was "parading around the country fixing everyone else's lab."
"She should be here taking care of her own," Miranda wrote. "This place is jacked up beyond belief. There really is no one in charge.
"I think it is my job to make you look good, but crap, it is getting hard to do."
'Set up for failure'
The next day, she wrote another memo to Sauer, complaining she was being "set up for failure" because she lacked authority over budget issues and decisions that impact operations.
"To effect real and lasting change, you need to cut your losses and give success a chance," Miranda wrote. "This is too important of an operation to continue to let it run substandard. When the *%#@ hits the fan, you want to be able to convince the public that this is being mitigated in the most serious way.
"I have tried it your way, now I think I deserve a chance at my way. What else are you waiting for to happen?"
On Nov. 12, Miranda wrote a memo to Gallegos updating him on the overall status of the evidence room.
She highlighted many changes that had been made but added, "The culture needs to change at the top before we are successful in implementing all of the accountability changes that need to occur."
She complained that "problems reported were largely ignored" and "there was a deliberate effort to keep things under (wraps)."
She also said a "change of leadership needs to occur" and "employees for the most part operate on their own, with little, or no direction."
Miranda wrote another memo to Gallegos on Nov. 19, reporting she had inspected the old evidence room at the main police station Downtown. The evidence unit was moved from there to the new location on Second Street in April 2002, about four months after Gallegos became chief.
Droppings and dust
When Miranda inspected the old facility, she noted there was drug evidence there dating to 1993, the memo states. She wrote that she found filthy rooms, rat droppings, dust and dried-up liquid spills on counters and floors.
Some of the evidence bags were torn open, others were improperly sealed and others had leaked, the memo said. She also said she found mold growing in some of the evidence bags.
Miranda said evidence technicians told her they were ordered to move everything out and relocate it to the new evidence unit. But at some point, an evidence room sergeant ordered employees to move drug evidence back to the main police station. There were no records that this move occurred, Miranda said.
"No one considered the area a priority," she said.
About two weeks later, an inventory was started.
After Miranda's transfer request in February, police officials replaced her with Sonntag, who they acknowledged was among the biggest critics of the evidence room.
Miranda was transferred to the Foothills Area Command.
While the two captains were going through the transition, evidence room employees noticed a chemical coming from a container holding drug evidence. A company hired to clean it up had to destroy evidence in 235 cases to remove the chemical.
A few days after Perry's letter was sent to Gallegos, Sonntag wrote a March 10 memo notifying the DA's Office of the loss of evidence.
APD EVIDENCE ROOM TIMELINE
April 12, 2000— An internal city audit shows that a complete inventory of the Albuquerque Police Department's evidence room had not been done since 1983. It makes 12 recommendations.
June 22, 2001— A follow-up audit shows APD has complied with five of the recommendations but has yet to safeguard cash, compile a complete inventory and improve security.
December 2001— Gilbert Gallegos is named chief of police.
July 18, 2003— Another follow-up audit says APD still had fully complied with only five recommendations, and it reiterates the need for an inventory. (Gallegos says this is when he first became aware of the problems.)
July 2003— At Gallegos' order, detective Cynthia Orr conducts a surprise inspection of the evidence room.
August 2003— Orr tells Gallegos she found proof that two employees were stealing from the evidence room and asks the chief to transfer them. Gallegos later told the Journal he did not have enough proof to transfer them but restricted their access in the unit. He also orders an internal criminal investigation.
January 2004— The two employees suspected of stealing are transferred.
March 2004— An anonymous letter sent to several law enforcement officials claims weapons, drugs, jewelry and cash were stolen from the evidence room, and police officials are covering it up. The memo is sent to the media.
March 3, 2004— Gallegos announces he has asked the state Attorney General's Office for a criminal investigation. He says a private company, Maximum Security, will do a forensic audit.
April 24, 2004— Former Albuquerque police officer, Capt. Marie Miranda, returns to APD and takes over the Metropolitan Forensic Science Center, which houses the evidence room.
Aug. 4, 2004— Miranda, in an e-mail, warns Deputy Chief Ed Sauer of a cover-up and mismanagement.
Oct. 11, 2004— Lt. Larry Sonntag, in charge of the inspections and accreditation unit, writes a letter to Gallegos saying APD leadership has failed to act, possibly allowing evidence employees to destroy traces of their own wrongdoing.
Nov. 12, 2004— Miranda writes to Gallegos saying problems have been "largely ignored" and "there was a deliberate effort to keep things under (wraps)."
Dec. 1, 2004— Orr is transferred to the evidence room to directly oversee it, with the rank of acting sergeant.
December 2004— The first inventory to determine what is missing begins— more than four years after the city auditor first recommended it.
Dec. 29, 2004— Orr writes a letter to Miranda and sends copies to Sonntag and Gallegos. She says despite her repeated objections, APD officers under investigation continue to work in the evidence room with access to evidence collected in their own investigations.
Feb. 4, 2005— Evidence is destroyed inside a drug vault during a chemical reaction involving methamphetamines. A list given to APD shows evidence in 235 cases was destroyed during a cleanup. The District Attorney's Office and the Sheriff's Office, which houses evidence at the facility, are not immediately notified.
February 2005— Sonntag is promoted to captain and given command of the Metropolitan Forensic Science Center. He replaces Miranda, who requested a transfer.
March 2005— Capt. Ron Paiz is removed from his position overseeing internal affairs. Paiz had ordered an investigation into high-ranking officers, including wrongdoing at the evidence unit.
March 7, 2005— Miranda's attorney, Rob Perry, sends a letter to Gallegos regarding the chemical leak. He notes that Miranda had told Gallegos about it several times.
March 10, 2005— Sonntag sends notification to the DA's Office about the cleanup and the destroyed evidence.
March 16, 2005— Miranda is placed on paid administrative leave pending the outcome of an internal investigation into whether she violated APD's standard operating procedures.
March 18, 2005— After giving a tour of the evidence unit to the Journal, Orr claims Gallegos lied and covered up problems.
March 19, 2005— Mayor Martin Chávez says "heads are going to roll" because of the problems. He starts talks with the U.S. Attorney's Office in Albuquerque about conducting a probe.
March 21, 2005— Orr sends a letter to Gallegos claiming that during a briefing, two deputy chiefs encouraged hundreds of officers to retaliate against her.
March 21, 2005— City councilors grill Gallegos. He tells them he has done more than any other chief to clean up the evidence room.
March 23, 2005— Mayor Martin Chávez asks Independent Review Officer Jay Rowland to start an investigation.
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