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.

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.

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.

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.

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.

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.