By Joline Gutierrez Krueger, Albuquerque Tribune
Wednesday, June 20, 2007
Cynthia Seeley told people she wanted to die.
In her short, painful 40 years of life, she had buried a son and been raped by a relative and, later, by an Albuquerque police officer.
She had fallen into booze and crack cocaine to escape the anguish of many failed relationships, male and female. She was a convicted felon, a drug trafficker, a forger and a woman on the edge.
She had also been a near-millionaire after receiving $943,380 in a federal lawsuit against Christopher Chase, the police officer she accused of rape.
In the courtroom that day in February 2005, she had smiled. And cried.
Two years later, money had apparently not bought her happiness.
In the morning of June 16, she tried to kill herself, according to a criminal complaint.
She downed a pint of vodka and a handful of alprazolam, an anti-anxiety medication. She got behind the wheel of a Chevy Avalanche and hurtled on Georgia Street Northeast through a residential neighborhood north of Expo New Mexico.
No one knows why she was there.
She ran a stop sign at Mountain Road and slammed into a silver Lexus driven by Tran Dung, 47, sending his car spinning and snapping his neck, the complaint says.
Doctors at University of New Mexico Hospital say Tran, a recent immigrant from Vietnam, is paralyzed and will likely die a "slow, painful death," the complaint says.
His condition had been so grave that Albuquerque police had initially charged Seeley with vehicular homicide.
For now, though, Tran will live. He is listed in serious condition, a hospital spokeswoman said.
Seeley will live, too, whether she wants to or not. She is charged with great bodily harm by vehicle and remains in the Metropolitan Detention Center in lieu of $100,000 cash-only bail.
She had walked away from her SUV, crumpled into the front of a house. Police say they found her curled on a front lawn, rocking and muttering, "I didn't want to hurt anyone."
Less than a mile from where she sat was the place that on a cold February day in 2002 she had been hurt, too.
She had testified at her federal lawsuit trial that Chase, an Albuquerque police officer for four years, had parked his squad car behind a Bennigan's at Louisiana Boulevard and America's Parkway Northeast and raped her in the back seat.
When it was over, he threw her and her purse to the ground "like trash" and drove away, she testified.
Chase had been one of two officers called to her apartment to investigate a call of domestic violence with her girlfriend.
Chase had offered to drive her to a friend's house so that the two women could separate and cool off when he veered off to the Bennigan's instead.
Seeley's lawsuit was one of six against Chase. All told, the city has paid out nearly $3 million in those cases.
Chase is serving a 15-year prison sentence after pleading no contest to 10 criminal charges involving attacks on seven victims, including Seeley, between 2001 and 2003.
If she is convicted, Seeley could be serving prison time as well. Certainly then her mental state will be brought out again in court.
During Chase's trial two years ago, psychologist Elaine Levine testified that Seeley had diagnoses of long-term depression, anxiety, alcohol and drug dependence and post-traumatic stress disorder.
Seeley, Levine said, was born of a mother strung out on heroin and into a life where nothing and no one could be counted on. She was sexually molested by a grandfather, Levine said. She gave birth to her first child when she was a child herself; by age 18, she was a mother of two.
Seeley married the second child's father, who abandoned her with three children when she was 21, Levine said. She began using cocaine and crack cocaine, especially after the death of her youngest son, killed, ironically, in a car crash.
"She has really suffered her whole life," Levine said.
The psychologist had advised the court that Seeley would need intensive long-term psychotherapy to help her "peel back layer after layer of trauma."
Whether Seeley had engaged in such treatment is unknown. If she had, it apparently had not worked.
Now, the pain that has brought her to her knees has apparently brought pain and paralysis to Tran and his family. The legacy of her sorrow is passed on, ugly and cold and relentless.
Showing posts with label Cynthia Seeley. Show all posts
Showing posts with label Cynthia Seeley. Show all posts
Wednesday, June 20, 2007
Tuesday, November 29, 2005
City Pays $300,000 In Civil Lawsuit
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."
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."
Saturday, February 12, 2005
City To Pay $943,380 in APD Rape Lawsuit
By Scott Sandlin, Journal Staff Writer
The dry precision of numbers capped an emotional 31/2-day trial Friday as a federal jury returned a verdict in favor of a woman who said she was raped by a police officer nearly three years ago.
The numbers reached into the high six figures, and they had a dollar sign attached. The eight-person jury awarded $69,880 in compensatory damages and $873,500 in punitive damages to Cynthia Seeley for civil rights violations by former Albuquerque police officer Christopher Chase.
City taxpayers will foot the bill.
The jury, which included a Clayton psychologist, a Raton teacher and a Sandia Labs employee among its ranks, returned its verdict after deliberating about three hours. They found Chase liable for substantive due process violations of Seeley, and for battery, assault and false imprisonment.
Chase, 30, faces trial in April on the criminal side of that equation. A lengthy indictment handed down in June 2003 charges him with the rape of Seeley and rape, battery, false imprisonment and tampering with evidence in cases involving 10 other victims. Chase declined comment as he and his wife quickly departed the courtroom.
Chase has denied the allegations.
Attorney Josh Harris, who with Greg Biehler is defending Chase in the civil litigation, also declined comment.
Seeley, 38, whose mother and adult son had watched the proceedings, sobbed after the verdict was read but made no statement to reporters.
Attorney Mary Han, who with Paul Kennedy represented Seeley, said the verdict was "extremely vindicating" for their client. Han said just being able to testify was a big step for Seeley, whose difficult personal history includes substance abuse problems, criminal convictions for conspiracy to commit forgery and cocaine trafficking a decade ago, and sexual abuse when she was a child.
"All she could think when they came back with the verdict was 'Oh my God, they believed me,' '' Han said. "I think all the victims in this case had to go through an assault in cross-examination."
Taxpayers will not only pay the $943,380 tab, but attorney fees as well. That consists of fees to Han and Kennedy as the prevailing party in a civil rights action, and attorney fees to Harris and Biehler.
"Frankly, I think you can sleep very well with that verdict," Conway told the jury in discharging them.
There are more costs to come in defending four pending lawsuits against Chase brought by other alleged victims.
The city would have preferred to admit liability and have a trial solely on the issue of damages, City Attorney Bob White said late Friday. But that call was Chase's to make, he said, because the city has a duty under state law to indemnify officers, and Mayor Martin Chávez announced a policy early in his administration of not settling police misconduct cases.
"Under the circumstances, I think we all think it's a fair verdict," he said. "Certainly in my mind there was no question about liability, it was a question about damages."
He noted the city had taken action to deal with the situation by firing Chase "when we became aware of activities in which he was involved." And he said no matter what policy the city had in place, it was looking at having to pay substantial damages on behalf of the officer.
"The way the mayor looks at it, where liability exists, he is not uncomfortable with the community making a decision on how much the plaintiff is entitled to," White said.
Seeley testified that Chase was among the officers who responded to her apartment after a neighbor called about a loud verbal fight between her and her girlfriend. The two were separated, with the suggestion that one of them leave to cool off. She said Chase offered her a ride, but took her to a parking area behind Bennigan's restaurant on Louisiana, threw her onto the seat of his police car and raped her. Then, she said, he threw her out of the car, tossed her purse after her and left her to walk home.
Harris said Seeley lied and that Chase was a victim of the "no good deed goes unpunished" variety, because he'd offered Seeley a ride.
"Chris Chase faces prison because of Cynthia Seeley's lies," he said.
Kennedy noted that only one of Chase's alleged victims had self-reported their encounters with Chase, and said the defense had branded them all, including two high school girls, as criminals.
But he also reminded the jurors of an instruction that permitted them to assume when Chase invoked his Fifth Amendment right and refused to testify that anything he said would be unfavorable to his case.
The dry precision of numbers capped an emotional 31/2-day trial Friday as a federal jury returned a verdict in favor of a woman who said she was raped by a police officer nearly three years ago.
The numbers reached into the high six figures, and they had a dollar sign attached. The eight-person jury awarded $69,880 in compensatory damages and $873,500 in punitive damages to Cynthia Seeley for civil rights violations by former Albuquerque police officer Christopher Chase.
City taxpayers will foot the bill.
The jury, which included a Clayton psychologist, a Raton teacher and a Sandia Labs employee among its ranks, returned its verdict after deliberating about three hours. They found Chase liable for substantive due process violations of Seeley, and for battery, assault and false imprisonment.
Chase, 30, faces trial in April on the criminal side of that equation. A lengthy indictment handed down in June 2003 charges him with the rape of Seeley and rape, battery, false imprisonment and tampering with evidence in cases involving 10 other victims. Chase declined comment as he and his wife quickly departed the courtroom.
Chase has denied the allegations.
Attorney Josh Harris, who with Greg Biehler is defending Chase in the civil litigation, also declined comment.
Seeley, 38, whose mother and adult son had watched the proceedings, sobbed after the verdict was read but made no statement to reporters.
Attorney Mary Han, who with Paul Kennedy represented Seeley, said the verdict was "extremely vindicating" for their client. Han said just being able to testify was a big step for Seeley, whose difficult personal history includes substance abuse problems, criminal convictions for conspiracy to commit forgery and cocaine trafficking a decade ago, and sexual abuse when she was a child.
"All she could think when they came back with the verdict was 'Oh my God, they believed me,' '' Han said. "I think all the victims in this case had to go through an assault in cross-examination."
Taxpayers will not only pay the $943,380 tab, but attorney fees as well. That consists of fees to Han and Kennedy as the prevailing party in a civil rights action, and attorney fees to Harris and Biehler.
"Frankly, I think you can sleep very well with that verdict," Conway told the jury in discharging them.
There are more costs to come in defending four pending lawsuits against Chase brought by other alleged victims.
The city would have preferred to admit liability and have a trial solely on the issue of damages, City Attorney Bob White said late Friday. But that call was Chase's to make, he said, because the city has a duty under state law to indemnify officers, and Mayor Martin Chávez announced a policy early in his administration of not settling police misconduct cases.
"Under the circumstances, I think we all think it's a fair verdict," he said. "Certainly in my mind there was no question about liability, it was a question about damages."
He noted the city had taken action to deal with the situation by firing Chase "when we became aware of activities in which he was involved." And he said no matter what policy the city had in place, it was looking at having to pay substantial damages on behalf of the officer.
"The way the mayor looks at it, where liability exists, he is not uncomfortable with the community making a decision on how much the plaintiff is entitled to," White said.
Seeley testified that Chase was among the officers who responded to her apartment after a neighbor called about a loud verbal fight between her and her girlfriend. The two were separated, with the suggestion that one of them leave to cool off. She said Chase offered her a ride, but took her to a parking area behind Bennigan's restaurant on Louisiana, threw her onto the seat of his police car and raped her. Then, she said, he threw her out of the car, tossed her purse after her and left her to walk home.
Harris said Seeley lied and that Chase was a victim of the "no good deed goes unpunished" variety, because he'd offered Seeley a ride.
"Chris Chase faces prison because of Cynthia Seeley's lies," he said.
Kennedy noted that only one of Chase's alleged victims had self-reported their encounters with Chase, and said the defense had branded them all, including two high school girls, as criminals.
But he also reminded the jurors of an instruction that permitted them to assume when Chase invoked his Fifth Amendment right and refused to testify that anything he said would be unfavorable to his case.
Friday, February 11, 2005
Ex-Cop Sex Case May Go to Jury
By Scott Sandlin, Journal Staff Writer
Jurors should begin deliberating today in a civil lawsuit filed by a woman who claims she was raped by Christopher Chase in 2002 while he was an Albuquerque Police Department officer.
After dismissing the jury for the day, Senior U.S. District Judge John Edwards Conway said he would consider a motion by Paul Kennedy, attorney for plaintiff Cynthia Seeley, to grant judgment as a matter of law in the case.
Judgment as a matter of law is rarely granted, because it means that even giving the defense every benefit, the plaintiff has proved its case so thoroughly it need not go to the jury. But Conway hinted broadly he was considering it.
"I don't think it's a close call, I'll tell you that," he said.
Because the city indemnifies its officers, judgments against the city ultimately will come out of taxpayers' pockets. Chase was fired from APD in June 2003.
Both plaintiffs and the defense concluded the second day of testimony late Thursday. The day started with two more alleged victims, both high school students at the time, describing their encounter with a man in an APD uniform and police car the night of Jan. 17, 2003.
Michelle Gallegos and Kelly Ham, both of whom have filed separate civil lawsuits against Chase, described being stopped near La Cueva High School while in Ham's car, which was being driven by one of four boys with them.
The officer told them he was stopping the car on suspicion of drunken driving, but he summoned the girls separately to his car.
He molested Gallegos and forced Ham to lower her pants, they testified.
Although the girls didn't identify Chase as the offender in subsequent photo arrays, the boys identified Chase and aspects of his squad car, Detective Monte Curtis testified.
Defense attorney Gregory Biehler called witnesses including Chase's wife, Darla, to suggest that APD's investigation had been slipshod. He said APD settled upon Chase with insufficient identifying descriptors and without considering other officers or impersonators with similar physical characteristics.
Biehler also called the APD officer who responded to a second callout to the apartment Seeley was sharing with a girlfriend. The officer said Seeley, crying as she sat on a stairwell, initially said she'd been raped by an officer, but later changed her story to say she'd met a man in a bar and had sex with him in his car.
But the officer acknowledged that for the second version of the story to work, Seeley would have had to walk to the bar, meet the man, have sex and return to the apartment within 30 minutes.
Jurors should begin deliberating today in a civil lawsuit filed by a woman who claims she was raped by Christopher Chase in 2002 while he was an Albuquerque Police Department officer.
After dismissing the jury for the day, Senior U.S. District Judge John Edwards Conway said he would consider a motion by Paul Kennedy, attorney for plaintiff Cynthia Seeley, to grant judgment as a matter of law in the case.
Judgment as a matter of law is rarely granted, because it means that even giving the defense every benefit, the plaintiff has proved its case so thoroughly it need not go to the jury. But Conway hinted broadly he was considering it.
"I don't think it's a close call, I'll tell you that," he said.
Because the city indemnifies its officers, judgments against the city ultimately will come out of taxpayers' pockets. Chase was fired from APD in June 2003.
Both plaintiffs and the defense concluded the second day of testimony late Thursday. The day started with two more alleged victims, both high school students at the time, describing their encounter with a man in an APD uniform and police car the night of Jan. 17, 2003.
Michelle Gallegos and Kelly Ham, both of whom have filed separate civil lawsuits against Chase, described being stopped near La Cueva High School while in Ham's car, which was being driven by one of four boys with them.
The officer told them he was stopping the car on suspicion of drunken driving, but he summoned the girls separately to his car.
He molested Gallegos and forced Ham to lower her pants, they testified.
Although the girls didn't identify Chase as the offender in subsequent photo arrays, the boys identified Chase and aspects of his squad car, Detective Monte Curtis testified.
Defense attorney Gregory Biehler called witnesses including Chase's wife, Darla, to suggest that APD's investigation had been slipshod. He said APD settled upon Chase with insufficient identifying descriptors and without considering other officers or impersonators with similar physical characteristics.
Biehler also called the APD officer who responded to a second callout to the apartment Seeley was sharing with a girlfriend. The officer said Seeley, crying as she sat on a stairwell, initially said she'd been raped by an officer, but later changed her story to say she'd met a man in a bar and had sex with him in his car.
But the officer acknowledged that for the second version of the story to work, Seeley would have had to walk to the bar, meet the man, have sex and return to the apartment within 30 minutes.
Thursday, February 10, 2005
Fired APD Cop Takes the 5th in Sex Assault Case
By Scott Sandlin, Journal Staff Writer
Christopher Chase, the former police officer accused of using his position of authority to sexually assault a number of women, invoked his Fifth Amendment right not to testify dozens of times Wednesday in federal court.
Chase, a fresh-faced, clean-cut 30-year-old, was fired from the Albuquerque Police Department after a lengthy criminal indictment was returned in state court in June 2003. It charges him with criminal sexual penetration, criminal sexual contact, kidnapping and tampering with evidence.
The criminal case has yet to go to trial.
But testimony Wednesday before Senior U.S. District Judge John Edwards Conway in a civil lawsuit by Cynthia Seeley had all the hallmarks of a criminal proceeding.
Seeley, who claims she was raped by Chase on Feb. 19, 2002, is seeking monetary damages. But other alleged victims and the police officers who investigated the case have been subpoenaed as witnesses.
On the witness stand, Chase answered some questions, like how old he was and whether he was fired by APD. He invoked his right not to incriminate himself when questioned about the allegations.
Three women who claim to have been assaulted by Chase did testify Wednesday and more are scheduled for today.
'I wanted them out'
Seeley, 38, testified that police had shown up to the Warren Coronado efficiency apartment she shared with a girlfriend after the couple's drinking spiraled into a quarrel so loud that neighbors called police. Because the fight was verbal rather than physically violent, officers suggested one of them leave the home to cool down.
Seeley did. She said Chase offered her a ride, only to take her to an alley a couple of blocks away and rape her in his squad car. He then threw her purse after her and drove off.
She walked back to her apartment, where her girlfriend insisted on calling police against Seeley's wishes after Seeley told her what had happened, she testified.
Seeley said that because she had failed to report to her probation officer and knew there was a warrant for her arrest, she was fearful of being arrested. So when police arrived a second time, she initially told them about the rape, but then took a woman officer aside and told her it wasn't true.
"I wanted them out," she said, crying as she testified. "I didn't want them asking questions."
She didn't reveal the assault until later, when she was undergoing an assessment at the women's prison in Grants and APD officers showed up to ask her about Chase. Seeley, who was convicted for conspiracy to commit forgery and trafficking in cocaine in the mid-1990s, eventually landed in a special program for women and has been involved in counseling for substance abuse.
A Las Cruces psychologist and former New Mexico State University professor who examined her in connection with the litigation, Elaine LeVine, said Seeley needs years more of intensive therapy for post-traumatic stress disorder and a major depressive disorder. She said the suspected rape exacerbated damage done by childhood trauma, including sexual abuse.
Two others testify
Also testifying Wednesday was Mitsey Ramone, a prostitute who said her previous numerous encounters with police had been straightforward until Chase twice pulled her over in 2001. Ramone said Chase took her to a solitary location off Gibson Boulevard and raped her. She said a second time he took her to Bullhead Park.
Ramone, too, lapsed into tears under cross-examination by defense attorney Gregory Biehler, who quizzed her about dates, her failure to report the incidents and the accuracy of her identification of Chase, given her admittedly poor eyesight.
"The point is I know who it is," she snapped back at one point. "I recognize people I come across, especially if they rape me."
Veronica Edwell, 29, a married mother of three and customer service employee for a medical company, told a similar story. She testified she had gone to a bar parking lot on Montgomery to see if her husband needed a ride home when she was stopped by an officer she later learned was Chase.
Edwell said the officer accused her of driving drunk, though she said she wasn't, and let her go. After circling the parking lot without seeing her husband's pickup, she was returning home when Chase again pulled her over.
Edwell said Chase asked her if she had any drugs or weapons and told her to get out of her vehicle and put her hands up on the side of it.
"He started checking me," she said. "When he got to my breasts, he said 'Do you have piercings?'" She said yes, and said that he asked "what I was going to do to get out of this DWI."
Edwell testified Chase pulled down her blouse and fondled her, but told her he wouldn't hurt her.
The investigation of Chase was launched after Edwell was pulled over on a speeding violation by another officer a few weeks later. She was so fearful that she would only crack the window to give the officer her license, and told the officer her trepidation was prompted by an assault by another officer. She was later contacted by an APD detective, she said.
Christopher Chase, the former police officer accused of using his position of authority to sexually assault a number of women, invoked his Fifth Amendment right not to testify dozens of times Wednesday in federal court.
Chase, a fresh-faced, clean-cut 30-year-old, was fired from the Albuquerque Police Department after a lengthy criminal indictment was returned in state court in June 2003. It charges him with criminal sexual penetration, criminal sexual contact, kidnapping and tampering with evidence.
The criminal case has yet to go to trial.
But testimony Wednesday before Senior U.S. District Judge John Edwards Conway in a civil lawsuit by Cynthia Seeley had all the hallmarks of a criminal proceeding.
Seeley, who claims she was raped by Chase on Feb. 19, 2002, is seeking monetary damages. But other alleged victims and the police officers who investigated the case have been subpoenaed as witnesses.
On the witness stand, Chase answered some questions, like how old he was and whether he was fired by APD. He invoked his right not to incriminate himself when questioned about the allegations.
Three women who claim to have been assaulted by Chase did testify Wednesday and more are scheduled for today.
'I wanted them out'
Seeley, 38, testified that police had shown up to the Warren Coronado efficiency apartment she shared with a girlfriend after the couple's drinking spiraled into a quarrel so loud that neighbors called police. Because the fight was verbal rather than physically violent, officers suggested one of them leave the home to cool down.
Seeley did. She said Chase offered her a ride, only to take her to an alley a couple of blocks away and rape her in his squad car. He then threw her purse after her and drove off.
She walked back to her apartment, where her girlfriend insisted on calling police against Seeley's wishes after Seeley told her what had happened, she testified.
Seeley said that because she had failed to report to her probation officer and knew there was a warrant for her arrest, she was fearful of being arrested. So when police arrived a second time, she initially told them about the rape, but then took a woman officer aside and told her it wasn't true.
"I wanted them out," she said, crying as she testified. "I didn't want them asking questions."
She didn't reveal the assault until later, when she was undergoing an assessment at the women's prison in Grants and APD officers showed up to ask her about Chase. Seeley, who was convicted for conspiracy to commit forgery and trafficking in cocaine in the mid-1990s, eventually landed in a special program for women and has been involved in counseling for substance abuse.
A Las Cruces psychologist and former New Mexico State University professor who examined her in connection with the litigation, Elaine LeVine, said Seeley needs years more of intensive therapy for post-traumatic stress disorder and a major depressive disorder. She said the suspected rape exacerbated damage done by childhood trauma, including sexual abuse.
Two others testify
Also testifying Wednesday was Mitsey Ramone, a prostitute who said her previous numerous encounters with police had been straightforward until Chase twice pulled her over in 2001. Ramone said Chase took her to a solitary location off Gibson Boulevard and raped her. She said a second time he took her to Bullhead Park.
Ramone, too, lapsed into tears under cross-examination by defense attorney Gregory Biehler, who quizzed her about dates, her failure to report the incidents and the accuracy of her identification of Chase, given her admittedly poor eyesight.
"The point is I know who it is," she snapped back at one point. "I recognize people I come across, especially if they rape me."
Veronica Edwell, 29, a married mother of three and customer service employee for a medical company, told a similar story. She testified she had gone to a bar parking lot on Montgomery to see if her husband needed a ride home when she was stopped by an officer she later learned was Chase.
Edwell said the officer accused her of driving drunk, though she said she wasn't, and let her go. After circling the parking lot without seeing her husband's pickup, she was returning home when Chase again pulled her over.
Edwell said Chase asked her if she had any drugs or weapons and told her to get out of her vehicle and put her hands up on the side of it.
"He started checking me," she said. "When he got to my breasts, he said 'Do you have piercings?'" She said yes, and said that he asked "what I was going to do to get out of this DWI."
Edwell testified Chase pulled down her blouse and fondled her, but told her he wouldn't hurt her.
The investigation of Chase was launched after Edwell was pulled over on a speeding violation by another officer a few weeks later. She was so fearful that she would only crack the window to give the officer her license, and told the officer her trepidation was prompted by an assault by another officer. She was later contacted by an APD detective, she said.
Fired APD Cop Takes the 5th in Sex Assault Case
By Scott Sandlin, Journal Staff Writer
Christopher Chase, the former police officer accused of using his position of authority to sexually assault a number of women, invoked his Fifth Amendment right not to testify dozens of times Wednesday in federal court.
Chase, a fresh-faced, clean-cut 30-year-old, was fired from the Albuquerque Police Department after a lengthy criminal indictment was returned in state court in June 2003. It charges him with criminal sexual penetration, criminal sexual contact, kidnapping and tampering with evidence.
The criminal case has yet to go to trial.
But testimony Wednesday before Senior U.S. District Judge John Edwards Conway in a civil lawsuit by Cynthia Seeley had all the hallmarks of a criminal proceeding.
Seeley, who claims she was raped by Chase on Feb. 19, 2002, is seeking monetary damages. But other alleged victims and the police officers who investigated the case have been subpoenaed as witnesses.
On the witness stand, Chase answered some questions, like how old he was and whether he was fired by APD. He invoked his right not to incriminate himself when questioned about the allegations.
Three women who claim to have been assaulted by Chase did testify Wednesday and more are scheduled for today.
'I wanted them out'
Seeley, 38, testified that police had shown up to the Warren Coronado efficiency apartment she shared with a girlfriend after the couple's drinking spiraled into a quarrel so loud that neighbors called police. Because the fight was verbal rather than physically violent, officers suggested one of them leave the home to cool down.
Seeley did. She said Chase offered her a ride, only to take her to an alley a couple of blocks away and rape her in his squad car. He then threw her purse after her and drove off.
She walked back to her apartment, where her girlfriend insisted on calling police against Seeley's wishes after Seeley told her what had happened, she testified.
Seeley said that because she had failed to report to her probation officer and knew there was a warrant for her arrest, she was fearful of being arrested. So when police arrived a second time, she initially told them about the rape, but then took a woman officer aside and told her it wasn't true.
"I wanted them out," she said, crying as she testified. "I didn't want them asking questions."
She didn't reveal the assault until later, when she was undergoing an assessment at the women's prison in Grants and APD officers showed up to ask her about Chase. Seeley, who was convicted for conspiracy to commit forgery and trafficking in cocaine in the mid-1990s, eventually landed in a special program for women and has been involved in counseling for substance abuse.
A Las Cruces psychologist and former New Mexico State University professor who examined her in connection with the litigation, Elaine LeVine, said Seeley needs years more of intensive therapy for post-traumatic stress disorder and a major depressive disorder. She said the suspected rape exacerbated damage done by childhood trauma, including sexual abuse.
Two others testify
Also testifying Wednesday was Mitsey Ramone, a prostitute who said her previous numerous encounters with police had been straightforward until Chase twice pulled her over in 2001. Ramone said Chase took her to a solitary location off Gibson Boulevard and raped her. She said a second time he took her to Bullhead Park.
Ramone, too, lapsed into tears under cross-examination by defense attorney Gregory Biehler, who quizzed her about dates, her failure to report the incidents and the accuracy of her identification of Chase, given her admittedly poor eyesight.
"The point is I know who it is," she snapped back at one point. "I recognize people I come across, especially if they rape me."
Veronica Edwell, 29, a married mother of three and customer service employee for a medical company, told a similar story. She testified she had gone to a bar parking lot on Montgomery to see if her husband needed a ride home when she was stopped by an officer she later learned was Chase.
Edwell said the officer accused her of driving drunk, though she said she wasn't, and let her go. After circling the parking lot without seeing her husband's pickup, she was returning home when Chase again pulled her over.
Edwell said Chase asked her if she had any drugs or weapons and told her to get out of her vehicle and put her hands up on the side of it.
"He started checking me," she said. "When he got to my breasts, he said 'Do you have piercings?'" She said yes, and said that he asked "what I was going to do to get out of this DWI."
Edwell testified Chase pulled down her blouse and fondled her, but told her he wouldn't hurt her.
The investigation of Chase was launched after Edwell was pulled over on a speeding violation by another officer a few weeks later. She was so fearful that she would only crack the window to give the officer her license, and told the officer her trepidation was prompted by an assault by another officer. She was later contacted by an APD detective, she said.
Christopher Chase, the former police officer accused of using his position of authority to sexually assault a number of women, invoked his Fifth Amendment right not to testify dozens of times Wednesday in federal court.
Chase, a fresh-faced, clean-cut 30-year-old, was fired from the Albuquerque Police Department after a lengthy criminal indictment was returned in state court in June 2003. It charges him with criminal sexual penetration, criminal sexual contact, kidnapping and tampering with evidence.
The criminal case has yet to go to trial.
But testimony Wednesday before Senior U.S. District Judge John Edwards Conway in a civil lawsuit by Cynthia Seeley had all the hallmarks of a criminal proceeding.
Seeley, who claims she was raped by Chase on Feb. 19, 2002, is seeking monetary damages. But other alleged victims and the police officers who investigated the case have been subpoenaed as witnesses.
On the witness stand, Chase answered some questions, like how old he was and whether he was fired by APD. He invoked his right not to incriminate himself when questioned about the allegations.
Three women who claim to have been assaulted by Chase did testify Wednesday and more are scheduled for today.
'I wanted them out'
Seeley, 38, testified that police had shown up to the Warren Coronado efficiency apartment she shared with a girlfriend after the couple's drinking spiraled into a quarrel so loud that neighbors called police. Because the fight was verbal rather than physically violent, officers suggested one of them leave the home to cool down.
Seeley did. She said Chase offered her a ride, only to take her to an alley a couple of blocks away and rape her in his squad car. He then threw her purse after her and drove off.
She walked back to her apartment, where her girlfriend insisted on calling police against Seeley's wishes after Seeley told her what had happened, she testified.
Seeley said that because she had failed to report to her probation officer and knew there was a warrant for her arrest, she was fearful of being arrested. So when police arrived a second time, she initially told them about the rape, but then took a woman officer aside and told her it wasn't true.
"I wanted them out," she said, crying as she testified. "I didn't want them asking questions."
She didn't reveal the assault until later, when she was undergoing an assessment at the women's prison in Grants and APD officers showed up to ask her about Chase. Seeley, who was convicted for conspiracy to commit forgery and trafficking in cocaine in the mid-1990s, eventually landed in a special program for women and has been involved in counseling for substance abuse.
A Las Cruces psychologist and former New Mexico State University professor who examined her in connection with the litigation, Elaine LeVine, said Seeley needs years more of intensive therapy for post-traumatic stress disorder and a major depressive disorder. She said the suspected rape exacerbated damage done by childhood trauma, including sexual abuse.
Two others testify
Also testifying Wednesday was Mitsey Ramone, a prostitute who said her previous numerous encounters with police had been straightforward until Chase twice pulled her over in 2001. Ramone said Chase took her to a solitary location off Gibson Boulevard and raped her. She said a second time he took her to Bullhead Park.
Ramone, too, lapsed into tears under cross-examination by defense attorney Gregory Biehler, who quizzed her about dates, her failure to report the incidents and the accuracy of her identification of Chase, given her admittedly poor eyesight.
"The point is I know who it is," she snapped back at one point. "I recognize people I come across, especially if they rape me."
Veronica Edwell, 29, a married mother of three and customer service employee for a medical company, told a similar story. She testified she had gone to a bar parking lot on Montgomery to see if her husband needed a ride home when she was stopped by an officer she later learned was Chase.
Edwell said the officer accused her of driving drunk, though she said she wasn't, and let her go. After circling the parking lot without seeing her husband's pickup, she was returning home when Chase again pulled her over.
Edwell said Chase asked her if she had any drugs or weapons and told her to get out of her vehicle and put her hands up on the side of it.
"He started checking me," she said. "When he got to my breasts, he said 'Do you have piercings?'" She said yes, and said that he asked "what I was going to do to get out of this DWI."
Edwell testified Chase pulled down her blouse and fondled her, but told her he wouldn't hurt her.
The investigation of Chase was launched after Edwell was pulled over on a speeding violation by another officer a few weeks later. She was so fearful that she would only crack the window to give the officer her license, and told the officer her trepidation was prompted by an assault by another officer. She was later contacted by an APD detective, she said.
Thursday, January 13, 2005
Former APD Officer Facing Lawsuits in Suspected Assaults
By Scott Sandlin, Journal Staff Writer
The alleged criminal conduct of an accused rogue cop is testing Mayor Martin Chávez's policy of refusing to settle any lawsuits against the police department.
Chávez has steadfastly defended his policy of refusing to settle police cases.
But it hasn't stopped civil rights attorneys from filing lawsuits against former Albuquerque police officer Christopher Chase, 28, who has yet to be tried on criminal charges he stopped, harassed and in some cases raped a succession of motorists while on duty.
Chase was fired by APD after being named in a 32-count indictment with criminal sexual penetration and criminal sexual contact, kidnapping, false imprisonment, assault, battery and tampering with evidence in June 2003.
Two civil suits were filed this week by attorneys Brad Hall and Frances Crockett on behalf of young women who claim they were sexually assaulted by Chase.
Hall already has taken one case to trial in federal court on behalf of a male high school student related to a top APD official and won $17,000 plus attorney fees.
Cynthia Seeley's lawsuit, filed by attorneys Paul Kennedy and Mary Han, is set for trial next month in federal court.
But Chase's attorneys are seeking to delay the civil case until the criminal matter is resolved. Chase's criminal trial is scheduled for March, but the Supreme Court has granted a trial extension until mid-July.
"By asserting his Fifth Amendment rights, (Chase) has been, essentially, unable to defend himself in the civil case," Greg Biehler, Chase's attorney in the Seeley lawsuit, said in seeking a trial delay from the federal court.
Biehler said in the absence of direct evidence, the case will come down to a test of credibility, and he says there is reason to suspect Seeley's.
"So long as the criminal trial is looming, defendant must assert his Fifth Amendment right in this case so that his defense in the criminal trial is not jeopardized," Biehler said.
Han and Kennedy say in a written response that while the city has a right not to settle civil rights cases, "its citizens have the right to proceed to trial in these cases in an expeditious manner."
"Cynthia Seeley has waited long enough. Whether the criminal case needs to be delayed for whatever reason, she's entitled to her day in court," Han said Wednesday.
In their written response, they note Chase, rather than asking for a delay at the outset, has "extracted every possible advantage via discovery and motions." They contend he has vigorously pursued information from Seeley while declining to provide any himself.
And they say their client has a significant personal interest in avoiding further psychological harm by bringing closure to the ordeal.
According to court records, Seeley alleges Chase responded to a domestic violence call, diverted Seeley as she left the home to "cool off," forced her into the back of his patrol car, drove to an alley behind a Northeast Heights hotel and raped her.
Plaintiffs in the new lawsuits make similar allegations.
Veronica Edwell claims that in January 2003, Chase took her into custody in his police car, handcuffed her, threatened her with sexual assault and fondled her.
It was because of Edwell that Chase's alleged misconduct came to light, the suit says. Weeks later she was stopped for a traffic violation by a different APD officer and would not roll down her car window more than two inches because of fear from the encounter with Chase, the suit says.
Kelly M. Ham alleges in a complaint that she was stopped on Jan. 17, 2003, while she was a passenger in a car being driven by a male friend.
Although no traffic violation occurred, Chase stopped the car near La Cueva High School and ordered two female occupants into the police car for a search, the lawsuit claims.
The alleged criminal conduct of an accused rogue cop is testing Mayor Martin Chávez's policy of refusing to settle any lawsuits against the police department.
Chávez has steadfastly defended his policy of refusing to settle police cases.
But it hasn't stopped civil rights attorneys from filing lawsuits against former Albuquerque police officer Christopher Chase, 28, who has yet to be tried on criminal charges he stopped, harassed and in some cases raped a succession of motorists while on duty.
Chase was fired by APD after being named in a 32-count indictment with criminal sexual penetration and criminal sexual contact, kidnapping, false imprisonment, assault, battery and tampering with evidence in June 2003.
Two civil suits were filed this week by attorneys Brad Hall and Frances Crockett on behalf of young women who claim they were sexually assaulted by Chase.
Hall already has taken one case to trial in federal court on behalf of a male high school student related to a top APD official and won $17,000 plus attorney fees.
Cynthia Seeley's lawsuit, filed by attorneys Paul Kennedy and Mary Han, is set for trial next month in federal court.
But Chase's attorneys are seeking to delay the civil case until the criminal matter is resolved. Chase's criminal trial is scheduled for March, but the Supreme Court has granted a trial extension until mid-July.
"By asserting his Fifth Amendment rights, (Chase) has been, essentially, unable to defend himself in the civil case," Greg Biehler, Chase's attorney in the Seeley lawsuit, said in seeking a trial delay from the federal court.
Biehler said in the absence of direct evidence, the case will come down to a test of credibility, and he says there is reason to suspect Seeley's.
"So long as the criminal trial is looming, defendant must assert his Fifth Amendment right in this case so that his defense in the criminal trial is not jeopardized," Biehler said.
Han and Kennedy say in a written response that while the city has a right not to settle civil rights cases, "its citizens have the right to proceed to trial in these cases in an expeditious manner."
"Cynthia Seeley has waited long enough. Whether the criminal case needs to be delayed for whatever reason, she's entitled to her day in court," Han said Wednesday.
In their written response, they note Chase, rather than asking for a delay at the outset, has "extracted every possible advantage via discovery and motions." They contend he has vigorously pursued information from Seeley while declining to provide any himself.
And they say their client has a significant personal interest in avoiding further psychological harm by bringing closure to the ordeal.
According to court records, Seeley alleges Chase responded to a domestic violence call, diverted Seeley as she left the home to "cool off," forced her into the back of his patrol car, drove to an alley behind a Northeast Heights hotel and raped her.
Plaintiffs in the new lawsuits make similar allegations.
Veronica Edwell claims that in January 2003, Chase took her into custody in his police car, handcuffed her, threatened her with sexual assault and fondled her.
It was because of Edwell that Chase's alleged misconduct came to light, the suit says. Weeks later she was stopped for a traffic violation by a different APD officer and would not roll down her car window more than two inches because of fear from the encounter with Chase, the suit says.
Kelly M. Ham alleges in a complaint that she was stopped on Jan. 17, 2003, while she was a passenger in a car being driven by a male friend.
Although no traffic violation occurred, Chase stopped the car near La Cueva High School and ordered two female occupants into the police car for a search, the lawsuit claims.
Saturday, February 7, 2004
Suits Say Ex-APD Officer A Rapist
By Scott Sandlin, Journal Staff Writer
Albuquerque police officer Christopher Chase was fired in 2003 after allegations of rapes and beatings while on duty led to his indictment on criminal charges.
As of this week, three civil lawsuits also have been filed against Chase or the Albuquerque Police Department. One lawsuit claims APD hired Chase even though he failed a psychological exam.
Mitsey Ramone, who accused Chase of sexually assaulting her, contends in a lawsuit that APD was negligent in hiring and keeping Chase, who "appears to be a serial rapist." The suit compares Chase to "an unchained vicious animal" who preyed upon women.
In answers filed by the contract attorney defending two of the civil cases, Chase and APD deny the claims.
A state District Court grand jury indicted Chase, 29, in June on 32 counts of criminal sexual penetration, battery and tampering with evidence. The criminal case involves allegations by 11 individuals of both sexes, some claiming they were beat up and others that they were sexually assaulted between September 2001 and January 2003.
The criminal case against Chase is awaiting trial in state District Court, where it is assigned to Judge Denise Barela Shepherd.
Ramone's civil lawsuit was filed in September by the Blake Law Firm and attorney Raul Lopez. It claims Chase failed a psychological test administered in conjunction with the APD selection process.
Ramone's claims stem from the Sept. 9, 2001, stop of a car in which she was the passenger. She says she was forced to perform sexual acts on Chase, after which he told Ramone to use sanitizing hand wash he had in his police unit.
The latest civil lawsuit was filed this week in U.S. District Court by Mary Han and Paul Kennedy on behalf of Cynthia Seeley, who also claims she was sexually assaulted by Chase.
Seeley and another woman were in a fight at an apartment in February 2002 when one of the women called police and Chase and other officers responded, the suit says.
Chase told them one needed to leave and "cool off," and Seeley did, the suit says. It says he then detoured Seeley into the back seat of his patrol car, drove down a deserted alley after midnight near the Marriott on Louisiana and took off his equipment belt, forced her to bend over the back seat and raped her.
Chase allegedly then drove away leaving her "alone and crying in the dark, deserted alley."
The suit seeks unspecified compensatory and punitive damages for excessive force and violations of Seeley's rights to due process and against unreasonable search and seizure.
In a lawsuit filed in state court by attorney Brad Hall, La Cueva High School student Matthew M. Bauer, 17, alleges that he was "inexplicably detained ... searched (and) terrorized" by Chase, who Bauer also says threatened to kill him.
Hall takes aim in the suit at Mayor Martin Chávez's policy of refusing to settle any lawsuits against police in the allegations.
"APD agency investigative machinery eventually identified defendant and relieved (him) from duty," the suit says. "Although plaintiff would rather settle this case, and although this case is one that could and should settle, the city currently maintains an official policy of bringing all police cases to trial. Hence this lawsuit and the need for the taxpayers to pay private attorney's fees to litigate a case normally handled by professional risk managers."
Because Bauer is related to a high-ranking APD official— he's the nephew of Public Safety Director Nick Bakas— he didn't run away when a police officer approached him and other teens near the Sportsplex in September 2002, according to the suit.
Bauer was standing by his car with about 10 La Cueva High School students who were talking and listening to music at about 10 p.m. when the police car approached on a dirt trail with its spotlight on and emergency lights flashing, Bauer's suit says.
"All other teens scattered on foot or in their cars," the suit says. "(Bauer's) passenger, the son of a city councilor, ran into an open field and hid."
Bauer responded to an order to get on his knees with his hands on his head and answered questions, then watched Chase search his wallet and car without a warrant and tell him to "get the (expletive) home," the suit says.
Bauer's friend, Brock Winter, called Bauer on his cell phone to pick him up and Chase was doing so, still in the Sportsplex area, when Chase again stopped him, shone a flashlight in his face and, when Bauer attempted to explain he was getting his friend, struck him in the center of his forehead with the flashlight, according to the suit.
After talking with his mother and uncle, Bauer was seen by a paramedic, reported the incident to police and gave a statement to Internal Affairs in an effort to identify the officer, the suit says.
Albuquerque police officer Christopher Chase was fired in 2003 after allegations of rapes and beatings while on duty led to his indictment on criminal charges.
As of this week, three civil lawsuits also have been filed against Chase or the Albuquerque Police Department. One lawsuit claims APD hired Chase even though he failed a psychological exam.
Mitsey Ramone, who accused Chase of sexually assaulting her, contends in a lawsuit that APD was negligent in hiring and keeping Chase, who "appears to be a serial rapist." The suit compares Chase to "an unchained vicious animal" who preyed upon women.
In answers filed by the contract attorney defending two of the civil cases, Chase and APD deny the claims.
A state District Court grand jury indicted Chase, 29, in June on 32 counts of criminal sexual penetration, battery and tampering with evidence. The criminal case involves allegations by 11 individuals of both sexes, some claiming they were beat up and others that they were sexually assaulted between September 2001 and January 2003.
The criminal case against Chase is awaiting trial in state District Court, where it is assigned to Judge Denise Barela Shepherd.
Ramone's civil lawsuit was filed in September by the Blake Law Firm and attorney Raul Lopez. It claims Chase failed a psychological test administered in conjunction with the APD selection process.
Ramone's claims stem from the Sept. 9, 2001, stop of a car in which she was the passenger. She says she was forced to perform sexual acts on Chase, after which he told Ramone to use sanitizing hand wash he had in his police unit.
The latest civil lawsuit was filed this week in U.S. District Court by Mary Han and Paul Kennedy on behalf of Cynthia Seeley, who also claims she was sexually assaulted by Chase.
Seeley and another woman were in a fight at an apartment in February 2002 when one of the women called police and Chase and other officers responded, the suit says.
Chase told them one needed to leave and "cool off," and Seeley did, the suit says. It says he then detoured Seeley into the back seat of his patrol car, drove down a deserted alley after midnight near the Marriott on Louisiana and took off his equipment belt, forced her to bend over the back seat and raped her.
Chase allegedly then drove away leaving her "alone and crying in the dark, deserted alley."
The suit seeks unspecified compensatory and punitive damages for excessive force and violations of Seeley's rights to due process and against unreasonable search and seizure.
In a lawsuit filed in state court by attorney Brad Hall, La Cueva High School student Matthew M. Bauer, 17, alleges that he was "inexplicably detained ... searched (and) terrorized" by Chase, who Bauer also says threatened to kill him.
Hall takes aim in the suit at Mayor Martin Chávez's policy of refusing to settle any lawsuits against police in the allegations.
"APD agency investigative machinery eventually identified defendant and relieved (him) from duty," the suit says. "Although plaintiff would rather settle this case, and although this case is one that could and should settle, the city currently maintains an official policy of bringing all police cases to trial. Hence this lawsuit and the need for the taxpayers to pay private attorney's fees to litigate a case normally handled by professional risk managers."
Because Bauer is related to a high-ranking APD official— he's the nephew of Public Safety Director Nick Bakas— he didn't run away when a police officer approached him and other teens near the Sportsplex in September 2002, according to the suit.
Bauer was standing by his car with about 10 La Cueva High School students who were talking and listening to music at about 10 p.m. when the police car approached on a dirt trail with its spotlight on and emergency lights flashing, Bauer's suit says.
"All other teens scattered on foot or in their cars," the suit says. "(Bauer's) passenger, the son of a city councilor, ran into an open field and hid."
Bauer responded to an order to get on his knees with his hands on his head and answered questions, then watched Chase search his wallet and car without a warrant and tell him to "get the (expletive) home," the suit says.
Bauer's friend, Brock Winter, called Bauer on his cell phone to pick him up and Chase was doing so, still in the Sportsplex area, when Chase again stopped him, shone a flashlight in his face and, when Bauer attempted to explain he was getting his friend, struck him in the center of his forehead with the flashlight, according to the suit.
After talking with his mother and uncle, Bauer was seen by a paramedic, reported the incident to police and gave a statement to Internal Affairs in an effort to identify the officer, the suit says.
Subscribe to:
Posts (Atom)
Posts
