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.
Wednesday, May 18, 2005
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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