from Prison Legal News
By Tilda Sosaya
Prison construction is booming in the USA, and New Mexico has been the guinea pig for the largest of the private prison corporations like Corrections Corporation of America, Cornell, GEO Corp. (aka, Wackenhut, Group 4 Falk) and MTC. In New Mexico about 45% of our prisoners are in private, for-profit prisons and jails, while the national average is less than 10%. Wexford, and Aramark, medical and food service providers - have had their hands full of cash from our state coffers but have proven less than adequate in providing services, eventually losing their contracts. In a scandal-ridden expose in 2006, it was revealed that Joe Williams, NM Corrections Secretary had been engaged in an intimate relationship with their lobbyist, Ann Casey (moon-lighting from her regular job as an assistant warden in Indiana). Wexford and Aramark both denied that she worked for them, but she was listed as an official lobbyist in the Secretary of State's office. Joe Williams was placed on "administrative leave" in March of 2006 by the Governor, pending an investigation, but the scandal was buried after Richardson's office found "no grounds for further investigation." Prior to being appointed a cabinet post in the Richardson administration, Williams had been the GEO warden in the Lea County Correctional Facility in Hobbs where a series of incidents (1998-99) left two inmates dead. A state commissioned study into levels of violence found that Hobbs had the highest number of prisoner injuries among all the state prisons. Yet Williams, in spite of his record, was appointed by Governor Richardson - and approved by the NM State Legislature - to run the State prison system.
All the "privateers" have their hands in the prison potty here, as do many of our elected officials. Private for-profit lock-ups are nothing new, they've been around now for more than a couple of decades. The Hamilton County jail in Chattanooga, Tennessee was the first local jail in the U.S. to "go private." CCA (Corrections Corporation of America) was awarded the contract in 1984 to operate the "secure adult facility." And a few years later, CCA built the first private prison in NM which opened in Grants in 1989 under the administration of Governor Garrey Carruthers (R). Until the mid-nineties, it remained the only private prison in our State, but during the administration of Republican Governor Gary Johnson four more private prisons (and several privately owned and operated municipal facilities) were constructed, while others were expanded, many by various contractors friendly with Johnson who had previously been owner and CEO of Big J Enterprises, a major construction company in the State. Recall, if you will, that Governor Gary Johnson was the poster child of the drug reform movement in the late nineties for his stand on legalizing marijuana. In spite of his "liberal" ideas about drugs (perhaps because he's a high mountain trekker, even climbed Mt. Everest ... now he's faded into a quiet retirement, a multi-millionaire at 55 who travels the world in Ray-Bans and a long faded-blonde pony-tail) Johnson took absolutely no interest or responsibility for conditions of confinement in New Mexico prisons. He was only interested in building them.
The private prison corporations have created a whopping boom-economy in the marketing and trade of human flesh, as our State so clearly exemplifies. The stranglehold of prison corporations is wasting state and national resources. These corporate giants are raking in hundreds of millions of dollars, and they are willing to spend mega-bucks in campaign contributions. Bill Richardson, while running his first campaign for the Office of Governor, promised that he'd "build no more prisons, public or private" in our State. He seemed to have changed his mind, however, after raking in $65,000 from GEO alone, more than GEO donated to any other Democratic gubernatorial candidate in the nation in that election cycle. In addition, GEO gave an equal amount of dollars to the Democratic Governor's Association during Richardson's tenure as National Chairman in 2004. Shortly after his second election success in 2006, a no-bid contract was awarded to GEO to build a new prison in Clayton, NM at a cost to taxpayers of $132 million, nearly twice the usual costs of construction. When questioned about these costs, Williams claimed it was due to the "high costs of labor" in New Mexico. Funny ... New Mexico is one of the poorest States in the nation, and wages here are consistently low, keeping the people at poverty levels almost unimaginable in other parts of the nation. Further, an expansion of GEO-owned Guadalupe County Correctional Facility in Santa Rosa is also a done deal approved by legislators as well as the Governor. The new prison in Clayton and the Santa Rosa expansion will add at least another 12-1,500 prison beds in New Mexico. Even now, Williams is saying that we will need more prison beds by 2009 and consideration is being given to a Phase 2 building plan in Clayton. Unfortunately, Richardson is not alone in filling his pockets with money from these flesh-peddlers. Many of our elected officials, from mayors to legislators, have accepted significant contributions from private prison companies, ranging from a couple of thousand dollars and up, and that's on both sides of the aisle. The Institute on Money in State Politics states that GEO donated nearly $80,000 to other New Mexico politicians in just the last election!
Not only does the prison-for-profit industry build prisons, but they also supply virtually everything from medical services to hygiene products and seasonal clothing, paid for by prisoners or by their family members who are often struggling to make ends meet. The market is huge, more than 2.5 million captive customers, and it is a "growth industry." Private prison transport companies, medical and psychological, telephone, food and commissary services are reaping ever-increasing profits from the burgeoning Prison Industrial Complex which is now among the largest contributors to the US GDP (gross domestic product). From apprehension to endless years of lock-up, the justice system and prison industry costs the nation about $150 billion annually. While the government pumps up the rush of fear in the meager minds of a propagandized nation, prison building is at an all-time high.
At the same time in near-by Texas, Arizona, Utah, Nevada, and Colorado prison building is reaching an all time high as more and more immigrants are rounded up by ICE and Homeland Security under the "detain and deport" agenda (2002), replacing the former "catch and release" tactics of la migra. The ante has been raised - considerably. ICE is rounding up hundreds, if not thousands - of immigrants every day and their goal is to lock up 12 million immigrants by 2012. Right now, more than 200 children, toddlers, teens, and babies - are locked up in CCA's Hutto Residential Facility in Taylor, Texas, while others - teen-agers, children of immigrants - are literally being disappeared. As the prison boom escalates at exponential rates, building contractors like Halliburton and KBR are getting into the game, contracting to build facilities for "owner operators" like GEO and CCA. Prisons no longer rehabilitate, they entomb and dehumanize people. Prisoners are mere commodities stacked in warehouses, moved where/when they're needed, all for profit. Furthermore, there is virtually no oversight of prisons, security issues continuously cited as the primary reason. Even the UN investigator, Jorge Bustamante, was denied entry into Hutto as well as other immigrant facilities around the nation.
While crime rates continue to decline, prisons continue to be built, overcrowding most often cited as the "reason" behind the perceived need. Prisons are overcrowded for many reasons, but in New Mexico there are several specific reasons that prisons are bursting at the seams: prisoners are not being released on time, when their sentences are complete. In a report just completed in May by the NM Legislative Finance Committee, it states that the Parole Board removed "20% of inmates scheduled for parole from hearing dockets because of inadequate or missing documentation, facility transfers, or other reasons." This report also lists the various administrators in the system, including the Population Control Administrator, Janet Bravo, formerly a compliance monitor with the state overseeing GEO's contract facilities. Her husband, Erismo Bravo, had been warden at GEO?s Guadalupe County Correctional Facility in Santa Rosa back in 2000-02. Now he holds a higher, regional position, but his wife is "minding the store" at the New Mexico DOC's central office in Santa Fe, making sure the prison population is well controlled.
Reasoned excuses for increased prison building are proffered by the Corrections administration at the tables of legislative committees. They and the so-called experts (too often, former corrections professionals) rather easily convince legislators to build more prisons. Furthermore, recidivism in New Mexico is ridiculously high with at least 70% of all convicts returning to custody - a few are repeat offenders - but most are taken back to jail for "technical violations," which include testing positive for drugs, having overnight guests in their residences, possessing high-tech equipment, such as a new computer, being unable to find or keep a job, or merely for missing an appointment with a parole or probation officer. Employers are annoyed by the ever-present PO's coming into businesses like gang-busters, disrupting the work environment, and causing undue customer concern. The Probation and Parole division should not be under the sole authority of the Department of Corrections, perhaps, as in the Federal system, we should simply eliminate parole, and subject all probationers, both those coming from prison, as well as those who receive no prison time - to the jurisdiction of the courts. As it stands now, probation and parole often ignore even judges' orders and they're getting away with it. The system is a mockery of justice.
All of this must cause us to wonder a few things. First, who profits? Politicians, stock-holders and the corporations, in brief, but also the "corrections professionals" who move with ease between public and private sectors. Joe Williams, for example, will probably be re-hired by GEO in a high-level management position when his tenure with the State expires. Secondly, who will fill all those prison cells? We know that for now, at least, the focus is on immigrants, many who come here seeking asylum from war-torn nations and others merely trying to support impoverished families. We should also know that children, our children are being targeted, third grade reading scores are one of the components tallied in the projected need for prison beds. While educational funding declines and prison funding increases, the child left behind will inevitably be a prisoner in ten years, they figure. While charter schools arise and are publicly funded, private schools are growing nation-wide and the pressure to privatize education will continue to increase across the country. The children left behind, will undoubtedly be minorities and/or from among the poorest families in a nation now sadly dominated by the never ending wars - foreign and domestic - against people of color. The neo-con ideology guarantees that economic disparities will continue to grow, and thus prisons will be needed to contain those of us at the "bottom of the barrel." There will be three "classes" of people if this continues: the wealthy elites, the watched, and the watchers. Maybe the rest of us will just have to hide.
And, as I write this I must wonder what further affects will face my family as a result of this article? My son, who has been incarcerated for almost ten years, has been thwarted many times in his efforts to be released, in spite of the approval of the parole board last year. He's been abused and harassed, punished and even tortured, but that's another story. He is soon to be released and I have awaited his homecoming for five years, the expected time he'd have served except for my outspoken criticism of the system. Since he's been in prison, his brother died, his three sisters have all moved to other states, and he has a niece and nephew he's never seen. He has spent seven of almost ten years in solitary confinement and he's only 28 years old. Yet he urges me to continue in the struggle and for that I laud his strength and resilience, and I love my son, he's my shining star in spite of his situation. Ultimately, we've realized that even the parole board seems to have little power, nor do judges, our legislators have given it all to parole and probation officers. The local parole office still will not approve his parole plan, and we've come up with more than a few alternatives. PO's harass and humiliate ex-cons on a daily basis, and who profits? Corporations like GEO, CCA, KBR and Halliburton and their rich stockholders. Who suffers? We all do. Our communities are degraded; our people are wounded and angry. This is an environmental issue, an issue of race, economics and class, an issue of too little concern from too many people. We must stand and take notice. One out of every 136 citizens - mostly people of color - are behind bars in the USA today, but according to industry estimates, one in twenty Americans will spend time in a prison or a jail by 2020. And that was before 9-11 and The War on Terror. How many more wars, how many more deaths, how many more prisons, how many more broken families will it take before this nation crumbles, and notions of "freedom" are ground into dust? ... one can only wonder.
Tilda Sosaya has been an advocate for the rights of prisoners and their family members in New Mexico for the last ten years. She may be contacted at: society@cybermesa.com.
Wednesday, July 4, 2007
Thursday, June 21, 2007
Armed Albuquerque Public Schools police force costly, estimate reveals
Check Out SWOP's Blog
By Susie Gran, Albuquerque Tribune
Thursday, June 21, 2007
An armed school police department with patrol cars and higher wages will cost Albuquerque Public Schools an additional $1.8 million.
That's the estimate being provided on June 21 to the Community Safety Commission, a group that will propose changes to the district's police force to Superintendent Beth Everitt.
The estimate was prepared by Chief Business Officer Bill Moffatt, who cautioned the district would have to keep police salaries competitive with local law enforcement "which could provide a potential drag on funding to schools."
Moffatt said the current district budget for school police and campus security is $5.2 million.
The commission is considering several options: contracting for law enforcement services with local police agencies; upgrading the current school police force; turning the school police into an unarmed security department or contracting with a security agency.
Everitt is seeking recommendation for reorganizing school police in the wake of a critical audit and the ouster of School Police Chief Gil Lovato.
By Susie Gran, Albuquerque Tribune
Thursday, June 21, 2007
An armed school police department with patrol cars and higher wages will cost Albuquerque Public Schools an additional $1.8 million.
That's the estimate being provided on June 21 to the Community Safety Commission, a group that will propose changes to the district's police force to Superintendent Beth Everitt.
The estimate was prepared by Chief Business Officer Bill Moffatt, who cautioned the district would have to keep police salaries competitive with local law enforcement "which could provide a potential drag on funding to schools."
Moffatt said the current district budget for school police and campus security is $5.2 million.
The commission is considering several options: contracting for law enforcement services with local police agencies; upgrading the current school police force; turning the school police into an unarmed security department or contracting with a security agency.
Everitt is seeking recommendation for reorganizing school police in the wake of a critical audit and the ouster of School Police Chief Gil Lovato.
Wednesday, June 20, 2007
A deeply damaged life collides into greater tragedy
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.
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.
Thursday, June 14, 2007
Police officers shouldn't carry guns, review team says
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By Susie Gran, Abq Tribune
Thursday, June 14, 2007
It's time to disarm the school police and let city and county cops carry the guns, the experts say.
Contracts with Albuquerque police and the Bernalillo County sheriff are the best law enforcement option for Albuquerque Public Schools, a review team from the Council of Great City Schools says.
The team's recommendation was reviewed on June 14 by the district's new Community Safety Commission, formed to help determine the fate of the embattled APS Police Department.
The council team also recommended overhauling the district's police department to create a new safety and security arm.
The team said the Albuquerque Board of Education and its administration don't seem to have the will or leadership to run an armed police force.
"Based on their past performance, it is not apparent that the Board of Education and the district's executive leadership team would provide the executive leadership, support and backing, and make the critical and difficult decisions that would be required to create a safety, security and professional, fully authorized law enforcement department," the report said.
The review team said the proposed safety and security department could concentrate on intervention and prevention in creating safe schools.
The commission will review the team's recommendation, then forward its own recommendation on to Superintendent Beth Everitt.
The goal is to have all changes in place by the time school starts in August, said district spokesman Joseph Escobedo.
The APS Police Department has a $3.1 million budget and 40 sworn officers, who are allowed to carry their weapons before and after school. Currently, there are 32 officers and eight openings.
Everitt called on the Council of Great City Schools to make recommendations on best practices for school police after the debate over arming officers heated up and audits verified problems in the department.
The chief for the last 16 years, Gil Lovato, has been on administrative leave since January amid allegations of misconduct and mismanagement of his department.
Everitt has said she will not renew his contract when it expires June 30.
Under Lovato, the district's school police operated as a police department with sworn officers. Many officers have urged the school board to allow them to carry guns around the clock.
The school board agreed to review its gun policy after the council review. Some board members also suggested the district consider disbanding its police force and asking the city or county to contract police services.
Bernalillo County Sheriff Darren White, who is a member of the safety commission, said on June 12 that APS must decide whether it needs its own police department, an unarmed security force or a little of both.
"It's kind of like an identity crisis," White said of school police.
"The district needs to do a needs assessment to determine if they need sworn officers. If they do, then they need to be armed."
White said it's not his recommendation for the sheriff or city police to take over school police.
"We should have close coordination, and the head of school police should report directly to the superintendent," he said.
Meanwhile, the district and Lovato are preparing for a court battle over his contract.
Lovato's attorney, Sam Bregman, said he intends to sue the district on the grounds of wrongful termination, defamation and retaliation.
The district refused Bregman's offer of a $500,000 settlement to end the dispute, district spokesman Rigo Chavez said.
An internal audit of Lovato's department identified 20 infractions including poor evidence-room inventory
By Susie Gran, Abq Tribune
Thursday, June 14, 2007
It's time to disarm the school police and let city and county cops carry the guns, the experts say.
Contracts with Albuquerque police and the Bernalillo County sheriff are the best law enforcement option for Albuquerque Public Schools, a review team from the Council of Great City Schools says.
The team's recommendation was reviewed on June 14 by the district's new Community Safety Commission, formed to help determine the fate of the embattled APS Police Department.
The council team also recommended overhauling the district's police department to create a new safety and security arm.
The team said the Albuquerque Board of Education and its administration don't seem to have the will or leadership to run an armed police force.
"Based on their past performance, it is not apparent that the Board of Education and the district's executive leadership team would provide the executive leadership, support and backing, and make the critical and difficult decisions that would be required to create a safety, security and professional, fully authorized law enforcement department," the report said.
The review team said the proposed safety and security department could concentrate on intervention and prevention in creating safe schools.
The commission will review the team's recommendation, then forward its own recommendation on to Superintendent Beth Everitt.
The goal is to have all changes in place by the time school starts in August, said district spokesman Joseph Escobedo.
The APS Police Department has a $3.1 million budget and 40 sworn officers, who are allowed to carry their weapons before and after school. Currently, there are 32 officers and eight openings.
Everitt called on the Council of Great City Schools to make recommendations on best practices for school police after the debate over arming officers heated up and audits verified problems in the department.
The chief for the last 16 years, Gil Lovato, has been on administrative leave since January amid allegations of misconduct and mismanagement of his department.
Everitt has said she will not renew his contract when it expires June 30.
Under Lovato, the district's school police operated as a police department with sworn officers. Many officers have urged the school board to allow them to carry guns around the clock.
The school board agreed to review its gun policy after the council review. Some board members also suggested the district consider disbanding its police force and asking the city or county to contract police services.
Bernalillo County Sheriff Darren White, who is a member of the safety commission, said on June 12 that APS must decide whether it needs its own police department, an unarmed security force or a little of both.
"It's kind of like an identity crisis," White said of school police.
"The district needs to do a needs assessment to determine if they need sworn officers. If they do, then they need to be armed."
White said it's not his recommendation for the sheriff or city police to take over school police.
"We should have close coordination, and the head of school police should report directly to the superintendent," he said.
Meanwhile, the district and Lovato are preparing for a court battle over his contract.
Lovato's attorney, Sam Bregman, said he intends to sue the district on the grounds of wrongful termination, defamation and retaliation.
The district refused Bregman's offer of a $500,000 settlement to end the dispute, district spokesman Rigo Chavez said.
An internal audit of Lovato's department identified 20 infractions including poor evidence-room inventory
Tuesday, June 12, 2007
Details of APD SWAT shooting revealed in search warrant
By Michael Gisick, Albuquerque Tribune
An Albuquerque SWAT officer fired a gunshot into a house where a knife-wielding man had barricaded himself and his daughter, according to a search warrant. Moments later, officers stormed the house and shot and killed the man.
The warrant, filed Monday, offers new details on the confrontation between police and Jay Martin Murphy, 42.
Murphy was killed June 5. Police say he threatened officers and his 14-year-old daughter with a 12- to 14-inch knife.
According to the warrant, police were called to 1608 Spence St. S.E. at about 1 p.m. June 5 after a report that Murphy was in his front yard with a knife.
A uniformed officer found Murphy driving through the neighborhood and followed. Murphy threw a beer bottle out the window of his truck, the warrant says.
Murphy then returned to his house on Spence Street and, after walking toward the front door, turned toward the officer while holding the knife. His son, Jay Murphy Jr., 19, exited the house and "advised the officer his dad was `harmless' and tried to calm the situation down," the warrant says.
As Murphy Jr. and the first officer continued talking, a second officer arrived and found Murphy Sr. standing on the porch. Murphy threw a beer bottle at the officer and started throwing other items from the porch before retreating behind a wrought-iron screen door.
Murphy's daughter, Mariah, tried to leave the house but Murphy grabbed her arm and told her, "You are not going anywhere," the warrant says. Before he closed the house's front door, officers also heard Murphy say, "Shoot me," "Shoot the knife" and "I see you guys with guns."
A SWAT team arrived at the scene and decided to force its way into the house after determining Murphy's daughter was in immediate danger.
"Prior to the entry into the residence, a SWAT officer observed Jay Sr. make an aggressive move toward Mariah and believed her life was in danger and fired one shot into the residence from an outside location," the warrant says.
As officers stormed the house, "Jay Sr. attempted to stab one of the officers" and was shot, according to the warrant. He was taken to University of New Mexico Hospital, where he was pronounced dead.
Police spokesman John Walsh said the officers involved in the shooting have been cleared to return to work after a standard, three-day paid leave.
The officers who shot Murphy have been identified as Josh Brown and Russ Carter. Both are 10-year veterans.
Asked whether it would be unusual for an officer to fire into a house where someone had been taken a hostage, Walsh said:
"There's no way to say whether it would be unusual or not. Every single scene is different and fluid and dependent on human events."
The mother of Murphy's two children told police that Murphy had a history of using crack cocaine and other drugs, according to the search warrant.
Murphy had faced several domestic violence charges, including aggravated assault on a household member and child abuse.
An Albuquerque SWAT officer fired a gunshot into a house where a knife-wielding man had barricaded himself and his daughter, according to a search warrant. Moments later, officers stormed the house and shot and killed the man.
The warrant, filed Monday, offers new details on the confrontation between police and Jay Martin Murphy, 42.
Murphy was killed June 5. Police say he threatened officers and his 14-year-old daughter with a 12- to 14-inch knife.
According to the warrant, police were called to 1608 Spence St. S.E. at about 1 p.m. June 5 after a report that Murphy was in his front yard with a knife.
A uniformed officer found Murphy driving through the neighborhood and followed. Murphy threw a beer bottle out the window of his truck, the warrant says.
Murphy then returned to his house on Spence Street and, after walking toward the front door, turned toward the officer while holding the knife. His son, Jay Murphy Jr., 19, exited the house and "advised the officer his dad was `harmless' and tried to calm the situation down," the warrant says.
As Murphy Jr. and the first officer continued talking, a second officer arrived and found Murphy Sr. standing on the porch. Murphy threw a beer bottle at the officer and started throwing other items from the porch before retreating behind a wrought-iron screen door.
Murphy's daughter, Mariah, tried to leave the house but Murphy grabbed her arm and told her, "You are not going anywhere," the warrant says. Before he closed the house's front door, officers also heard Murphy say, "Shoot me," "Shoot the knife" and "I see you guys with guns."
A SWAT team arrived at the scene and decided to force its way into the house after determining Murphy's daughter was in immediate danger.
"Prior to the entry into the residence, a SWAT officer observed Jay Sr. make an aggressive move toward Mariah and believed her life was in danger and fired one shot into the residence from an outside location," the warrant says.
As officers stormed the house, "Jay Sr. attempted to stab one of the officers" and was shot, according to the warrant. He was taken to University of New Mexico Hospital, where he was pronounced dead.
Police spokesman John Walsh said the officers involved in the shooting have been cleared to return to work after a standard, three-day paid leave.
The officers who shot Murphy have been identified as Josh Brown and Russ Carter. Both are 10-year veterans.
Asked whether it would be unusual for an officer to fire into a house where someone had been taken a hostage, Walsh said:
"There's no way to say whether it would be unusual or not. Every single scene is different and fluid and dependent on human events."
The mother of Murphy's two children told police that Murphy had a history of using crack cocaine and other drugs, according to the search warrant.
Murphy had faced several domestic violence charges, including aggravated assault on a household member and child abuse.
Thursday, June 7, 2007
Albuquerque Police Identify Man Shot by Officers
Associated Press
Albuquerque police have released the identity of a man who was fatally shot by officers.
Jay Martin Murphy, 42, was killed Tuesday after barricading himself inside an Albuquerque home with his teenage daughter, authorities said.
He was armed with a knife and at one point threw bottles at officers, police said.
Albuquerque police spokesman John Walsh did not release the identities of the two police officers who fired their weapons. The officers are on standard three-day paid leave, he said.
Police have said Murphy had previous run-ins with the law, including arrests on charges of aggravated assault on a peace officer, vehicle theft, criminal trespass, battery and child abuse.
Albuquerque police have released the identity of a man who was fatally shot by officers.
Jay Martin Murphy, 42, was killed Tuesday after barricading himself inside an Albuquerque home with his teenage daughter, authorities said.
He was armed with a knife and at one point threw bottles at officers, police said.
Albuquerque police spokesman John Walsh did not release the identities of the two police officers who fired their weapons. The officers are on standard three-day paid leave, he said.
Police have said Murphy had previous run-ins with the law, including arrests on charges of aggravated assault on a peace officer, vehicle theft, criminal trespass, battery and child abuse.
Friday, June 1, 2007
Zap! You're on APD's new Taser camera
By Christopher Sanchez, Albuquerque Tribune
The Albuquerque Police Department is getting more cameras, but they're not to catch people running red lights.
The department will evaluate 20 Tasers with video cameras attached to them starting next week, city officials said Thursday. The cameras are intended to document incidents when the stun guns are fired.
Though Tasers are an important alternative to lethal force, they can be deadly, Mayor Martin Chavez said at a news conference. The cameras will increase accountability for officers and for people getting arrested, Chavez said.
"So there are no questions at the end of the day," he said. "It simply gives us a record."
Stun-gun usage has become a nationwide issue in recent years. According to a 2006 report by Amnesty International, 152 people died in the United States since 2001 after being shocked by the devices.
There haven't been any Taser-related deaths or lawsuits related to their use in Albuquerque this year, Albuquerque police spokeswoman Trish Hoffman said.
In May 2005, a 40-year-old Albuquerque man died after officers used Tasers to subdue him. Police said he suffered a heart attack and that his behavior suggested he had taken some kind of drug.
The Taser cameras cost about $850 each and can record 75 minutes of footage.
Once the Taser is charged and ready to fire, the camera records audio and video. Infrared technology allows the device to record at night.
Albuquerque police will be one of the first agencies in the state to try the device, Chief Ray Schultz said.
Schultz said the department will evaluate the technology for three to six months.
"If we see good results, we'll go forward with ordering more," he said.
The department has more than 400 Tasers, Schultz said.
The Albuquerque Police Department is getting more cameras, but they're not to catch people running red lights.
The department will evaluate 20 Tasers with video cameras attached to them starting next week, city officials said Thursday. The cameras are intended to document incidents when the stun guns are fired.
Though Tasers are an important alternative to lethal force, they can be deadly, Mayor Martin Chavez said at a news conference. The cameras will increase accountability for officers and for people getting arrested, Chavez said.
"So there are no questions at the end of the day," he said. "It simply gives us a record."
Stun-gun usage has become a nationwide issue in recent years. According to a 2006 report by Amnesty International, 152 people died in the United States since 2001 after being shocked by the devices.
There haven't been any Taser-related deaths or lawsuits related to their use in Albuquerque this year, Albuquerque police spokeswoman Trish Hoffman said.
In May 2005, a 40-year-old Albuquerque man died after officers used Tasers to subdue him. Police said he suffered a heart attack and that his behavior suggested he had taken some kind of drug.
The Taser cameras cost about $850 each and can record 75 minutes of footage.
Once the Taser is charged and ready to fire, the camera records audio and video. Infrared technology allows the device to record at night.
Albuquerque police will be one of the first agencies in the state to try the device, Chief Ray Schultz said.
Schultz said the department will evaluate the technology for three to six months.
"If we see good results, we'll go forward with ordering more," he said.
The department has more than 400 Tasers, Schultz said.
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