By T.J. Wilham, Journal Staff Writer
Former Albuquerque Police Chief Gilbert Gallegos declined to cooperate with the city's independent investigation into the police department's evidence room.
He wasn't the only one, according to an edited version of a report released Monday. The former civilian director of the unit, a retired detective and two former employees suspected of stealing from the evidence room all refused to give interviews to the city's independent review officer.
The report indicated that lieutenants in charge of the department's internal affairs bureau feared retaliation for investigating the department's top brass, and that the entire department needs sexual harassment training.
Jay Rowland, the independent review officer, was asked in March by Mayor Martin Chávez to conduct an investigation into the evidence room.
The investigation started about the same time Gallegos resigned as chief amid allegations that he allowed the two employees accused of theft to continue to work in the evidence room, thus giving them access to records that might have proven their guilt.
A yearlong investigation into the thefts conducted by the Attorney General's Office concluded that thefts likely occurred but that there wasn't enough evidence to present a case to a grand jury. The report also determined that "poor record keeping, deficient supervision and unrestricted access to all evidence room employees" would hamper any prosecution.
Rowland was assigned the task of investigating allegations that some of Gallegos's deputy chiefs were retaliating against officers who had come forward with accusations.
Two weeks ago a four-page "executive summary" was released to the public, but the 20-page report of Rowland's investigation was withheld until Monday. About 13 pages of that report were deleted from the version that was made public.
City officials said the portions of the report that were withheld involved personnel matters and therefore could not be released.
When asked if Gallegos cooperated, Rowland told the Journal on Monday, "We sent him letters, and he did not call for an interview."
Gallegos has requested that the Journal never contact him for comment.
Ann Talbot, who was the civilian director of the unit, has not returned several phone calls left by the Journal over several weeks.
Talbot left APD in February to take a job as director of the state Department of Public Safety's crime lab.
The report concluded that lieutenants in charge of the department's internal affairs division feared retaliation for doing investigations involving APD's top brass.
Rowland concluded in his report that their fears were justified and recommended that all investigations involving top APD officials be investigated by the city's Police Oversight Commission, the board to which Rowland reports.
"Efforts by captains and below to resolve issues involving captains and above were met by the deputy chiefs having the captains investigated and removed from their command positions or threatened with removal," the report states.
One captain, Ron Paiz, had internal affairs removed from his authority after he opened an "informal, preliminary" investigation into Gallegos and a deputy chief after he heard about allegations at a union meeting.
"When (Gallegos) learned of this, he terminated the captain's efforts, relieved the captain of his duties over internal affairs and opened an investigation into the captain," the report states.
According to the report, several witnesses interviewed by Rowland's staff raised "sexual and gender issues, including inappropriate emails by senior officers, sexual discrimination in recruiting and assignments and inappropriate relationships."
Some senior officers were accused of having "inappropriate relationships," but Rowland's staff determined they had "no basis in fact" and "we made no findings in these."
When asked about the specific allegations of sexual harassment, Rowland said, "I thought that there was enough there that they should have some type of sexual harassment training."
Showing posts with label Chief Gallegos. Show all posts
Showing posts with label Chief Gallegos. Show all posts
Tuesday, June 21, 2005
Tuesday, June 7, 2005
Review Faults Ex-APD Chief; Evidence Room Management Failed
Tuesday, June 7, 2005
Summary of report
By Dan McKay, Journal Staff Writer
Former Police Chief Gilbert Gallegos violated "basic police procedures" in handling allegations of wrongdoing in the police evidence room, according to a report issued Monday by Albuquerque's top police watchdog.
A summary of the 1,000-page report faults Gallegos for failing to launch an immediate criminal investigation into alleged thefts from the evidence room, despite the recommendation of senior staff.
Investigators, however, found no evidence of a cover-up by senior leadership, according to the report, which was signed by Independent Review Officer Jay Rowland and others.
Rowland investigated allegations of evidence-room misconduct at the request of Mayor Martin Chávez. The new police chief, Ray Schultz, released the report's executive summary late Monday, just hours after receiving it.
"Inadequate supervision over many years created conditions that made theft easy to commit and impossible to prove," the report's summary said.
It is blunt in faulting police leadership for failing to manage the evidence room better, but the report also says it appears Gallegos was misled about the nature of problems in the evidence room.
"We have no evidence that the Chief failed to act from a desire to cover up the thefts," the report said.
Still, he didn't do enough, it said.
"Basic police procedures were ignored and violated by the Chief," the report said.
It criticizes him for not removing "suspected employees" from the evidence room fast enough, a point raised previously by critics.
"During the time these suspected personnel were allowed to remain in their jobs, computer records were altered, evidence logs disappeared, and any chance for identifying those responsible for alleged theft was lost."
Other than Gallegos, the summary released Monday doesn't mention names.
Gallegos has requested that the Journal not contact him for comment, but he previously has maintained that he responded in a timely fashion to the evidence-room allegations. The troubles plaguing the evidence room date back 30 years, he has said, and no chief acted until he took office.
Monday's report touches on that issue.
"While efforts were made and it may even be said more was done under Chief Gallegos' leadership than previous administrations, it was not enough," the report said. "Money handling procedures were inadequate. Documentation was incomplete and inadequate."
The report appears to be good news for Capt. Marie Miranda, a whistle-blower in the case, and Deputy Police Chief Ed Sauer.
Both will return to their jobs after having been placed on administrative leave, Schultz said.
Miranda, a captain in the foothills area, has claimed supervisors retaliated against her for pointing out problems in the evidence room.
The investigation sustained "one procedural violation" against her, Schultz said, without going into detail.
Sauer had been accused of encouraging officers to retaliate against whistle-blowers. He was "cleared of all charges," Schultz said.
The report isn't all bad news. It says, for example, that many in "senior leadership" and "the vast majority of evidence unit personnel gave their best efforts to accomplish their assigned tasks."
The IRO report won't be the final episode in the case. The report says two investigations of officers have been forwarded to the internal-affairs unit.
The summary says the investigation found several violations of standard operating procedure.
It also mentions the case has hurt morale, painting a picture of a "dysfunctional" command.
"Deputy Chiefs supported their friend and leader, the Chief. They called other officers names and did not react to the valid concerns of their subordinates, but attempted to stop those concerns from being raised outside the department. Senior officers did not trust their leaders to do the right thing," it states.
The report makes a host of recommendations, including completing an inventory of all items in the evidence room warehouses and developing a system for disposing of evidence items in accordance with state law.
An inventory is already under way.
The Attorney General's Office announced in April that it wouldn't prosecute anyone in the alleged theft of cash from the Albuquerque police evidence room, partly because critical records were missing.
It found that at least $58,000 in cash was missing, but problems with records made it impossible to determine a total.
Summary of report
By Dan McKay, Journal Staff Writer
Former Police Chief Gilbert Gallegos violated "basic police procedures" in handling allegations of wrongdoing in the police evidence room, according to a report issued Monday by Albuquerque's top police watchdog.
A summary of the 1,000-page report faults Gallegos for failing to launch an immediate criminal investigation into alleged thefts from the evidence room, despite the recommendation of senior staff.
Investigators, however, found no evidence of a cover-up by senior leadership, according to the report, which was signed by Independent Review Officer Jay Rowland and others.
Rowland investigated allegations of evidence-room misconduct at the request of Mayor Martin Chávez. The new police chief, Ray Schultz, released the report's executive summary late Monday, just hours after receiving it.
"Inadequate supervision over many years created conditions that made theft easy to commit and impossible to prove," the report's summary said.
It is blunt in faulting police leadership for failing to manage the evidence room better, but the report also says it appears Gallegos was misled about the nature of problems in the evidence room.
"We have no evidence that the Chief failed to act from a desire to cover up the thefts," the report said.
Still, he didn't do enough, it said.
"Basic police procedures were ignored and violated by the Chief," the report said.
It criticizes him for not removing "suspected employees" from the evidence room fast enough, a point raised previously by critics.
"During the time these suspected personnel were allowed to remain in their jobs, computer records were altered, evidence logs disappeared, and any chance for identifying those responsible for alleged theft was lost."
Other than Gallegos, the summary released Monday doesn't mention names.
Gallegos has requested that the Journal not contact him for comment, but he previously has maintained that he responded in a timely fashion to the evidence-room allegations. The troubles plaguing the evidence room date back 30 years, he has said, and no chief acted until he took office.
Monday's report touches on that issue.
"While efforts were made and it may even be said more was done under Chief Gallegos' leadership than previous administrations, it was not enough," the report said. "Money handling procedures were inadequate. Documentation was incomplete and inadequate."
The report appears to be good news for Capt. Marie Miranda, a whistle-blower in the case, and Deputy Police Chief Ed Sauer.
Both will return to their jobs after having been placed on administrative leave, Schultz said.
Miranda, a captain in the foothills area, has claimed supervisors retaliated against her for pointing out problems in the evidence room.
The investigation sustained "one procedural violation" against her, Schultz said, without going into detail.
Sauer had been accused of encouraging officers to retaliate against whistle-blowers. He was "cleared of all charges," Schultz said.
The report isn't all bad news. It says, for example, that many in "senior leadership" and "the vast majority of evidence unit personnel gave their best efforts to accomplish their assigned tasks."
The IRO report won't be the final episode in the case. The report says two investigations of officers have been forwarded to the internal-affairs unit.
The summary says the investigation found several violations of standard operating procedure.
It also mentions the case has hurt morale, painting a picture of a "dysfunctional" command.
"Deputy Chiefs supported their friend and leader, the Chief. They called other officers names and did not react to the valid concerns of their subordinates, but attempted to stop those concerns from being raised outside the department. Senior officers did not trust their leaders to do the right thing," it states.
The report makes a host of recommendations, including completing an inventory of all items in the evidence room warehouses and developing a system for disposing of evidence items in accordance with state law.
An inventory is already under way.
The Attorney General's Office announced in April that it wouldn't prosecute anyone in the alleged theft of cash from the Albuquerque police evidence room, partly because critical records were missing.
It found that at least $58,000 in cash was missing, but problems with records made it impossible to determine a total.
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.
Saturday, March 19, 2005
Independent APD Review Called For
By Jeff Proctor, Journal Staff Writer
The Albuquerque Police Oversight Commission wants all allegations and complaints against senior APD officials— including the evidence room scandal— to be investigated by the city's top police watchdog.
"We believe we are the appropriate agency to investigate any complaints against captains and above," Independent Review Officer Jay Rowland said.
The seven-member citizen commission on Friday sent a letter to APD Chief Gilbert Gallegos, recommending he change the department's standard operating procedures to expand the Independent Review Office's purview.
As it is, the IRO investigates only citizen complaints against officers and police shooting cases, then reports to the commission.
Gallegos said Friday the commission doesn't need to get involved in the matter because the state Attorney General's Office is already investigating the evidence room, and the department is planning to hire an independent firm to conduct an internal investigation.
Last year, an anonymous memo surfaced, alleging that guns, drugs, cash and other evidence had been stolen from the evidence room. Last month, cleanup of a chemical leak in the room caused the destruction of numerous pieces of evidence in more than 200 drug cases.
And APD's own investigation into the evidence room has been criticized from within the department.
"The citizens of Albuquerque need these allegations and any other allegations against the chief or his senior staff to be investigated by an independent investigator that is outside APD and reviewed by the citizen oversight system," the letter to Gallegos states. "This system is designed to be outside the reach of politics and has been."
Gallegos said Rowland and the POC stepping in would undermine the work of the state AG's Office, which was has been investigating the evidence room for a year.
"We have a professional that is going to be doing the internal investigation, and the AG is doing the criminal investigation," Gallegos said. "They are perfectly capable of doing a professional investigation, and for us to think that they are not capable of that is very shortsighted."
Rowland said he doesn't expect Gallegos to heed the letter's recommendation. But he said he plans to look at the AG's and the internal investigators' findings.
Rowland said he will discuss those findings with Gallegos and report to the commission whether he thinks the investigations were fair and impartial.
Michael Cook, newly elected commission chairman, said the decision to enter the fray comes now because "this is the first time it's really come before us."
Cook said the Independent Review Office could investigate the evidence room, but he would also support another entity doing so as long as it's independent from APD.
The Albuquerque Police Oversight Commission wants all allegations and complaints against senior APD officials— including the evidence room scandal— to be investigated by the city's top police watchdog.
"We believe we are the appropriate agency to investigate any complaints against captains and above," Independent Review Officer Jay Rowland said.
The seven-member citizen commission on Friday sent a letter to APD Chief Gilbert Gallegos, recommending he change the department's standard operating procedures to expand the Independent Review Office's purview.
As it is, the IRO investigates only citizen complaints against officers and police shooting cases, then reports to the commission.
Gallegos said Friday the commission doesn't need to get involved in the matter because the state Attorney General's Office is already investigating the evidence room, and the department is planning to hire an independent firm to conduct an internal investigation.
Last year, an anonymous memo surfaced, alleging that guns, drugs, cash and other evidence had been stolen from the evidence room. Last month, cleanup of a chemical leak in the room caused the destruction of numerous pieces of evidence in more than 200 drug cases.
And APD's own investigation into the evidence room has been criticized from within the department.
"The citizens of Albuquerque need these allegations and any other allegations against the chief or his senior staff to be investigated by an independent investigator that is outside APD and reviewed by the citizen oversight system," the letter to Gallegos states. "This system is designed to be outside the reach of politics and has been."
Gallegos said Rowland and the POC stepping in would undermine the work of the state AG's Office, which was has been investigating the evidence room for a year.
"We have a professional that is going to be doing the internal investigation, and the AG is doing the criminal investigation," Gallegos said. "They are perfectly capable of doing a professional investigation, and for us to think that they are not capable of that is very shortsighted."
Rowland said he doesn't expect Gallegos to heed the letter's recommendation. But he said he plans to look at the AG's and the internal investigators' findings.
Rowland said he will discuss those findings with Gallegos and report to the commission whether he thinks the investigations were fair and impartial.
Michael Cook, newly elected commission chairman, said the decision to enter the fray comes now because "this is the first time it's really come before us."
Cook said the Independent Review Office could investigate the evidence room, but he would also support another entity doing so as long as it's independent from APD.
Saturday, January 15, 2005
APD Chief Stands by Officer; Racial Profiling Accusation Made
By T.J. Wilham, Journal Staff Writer
Police Chief Gilbert Gallegos is claiming a Police Oversight Commissioner overstepped his bounds when he accused one of his officers of racial profiling.
The accused officer has called for commissioner J. L'Keith Jones, an Albuquerque minister, to resign.
Jones, who is black, said Friday he has no intention to resign from the commission and he still believes the white officer, Gerald Roach, was guilty of racial profiling.
"Racial profiling occurs every day, and I am a victim along with thousands of other people," Jones said. "There is not a day that goes by where a cop doesn't run my license plate or give me a look."
Gallegos said Friday he does not share Roach's opinion that Jones should resign. Gallegos stood behind his officer saying he has known Roach for 20 years and he is not biased.
"He continues to believe that this officer is a racist, and I believe that is wrong," Gallegos said.
During a November commission meeting, Jones said he was racially profiled when Roach stopped him for speeding and then arrested him on an outstanding warrant from Guadalupe County.
The warrant proved to be issued in error and the bond money Jones paid was returned to him.
Gallegos said the traffic stop was never officially investigated because Jones never filed a complaint with the department.
At a commission meeting Thursday, Roach and Gallegos attacked Jones, claiming he had made false accusations.
"Mr. Jones' comments have the potential of ruining my career, my family and family reputation," Roach told the commission. "It hurts more than just me being the target of his accusation. Mr. Jones slandered me in the media. I have been convicted of being a racist without so much of due process for our little incident."
Roach claimed he was not given an opportunity to comment in the Journal article, which was published Dec. 5.
Before publishing the article, the Journal made four attempts to contact Roach. He did not return phone calls.
After the story appeared, a letter from Roach was published.
On Friday, Roach could not be reached for comment. A message for Roach was also left with an APD public information officer.
After Thursday's meeting, Roach told KOAT-TV that he thought Jones should resign.
After Roach and Gallegos made their remarks to the commission, Joe Gutierrez, commission chairman, apologized to Roach.
Gutierrez said no other commissioner had anything to do with Jones' remarks.
Jones said he felt it was inappropriate for Gallegos and Roach to address the issue during a public meeting. He said Gallegos rarely attends the meetings.
Police Chief Gilbert Gallegos is claiming a Police Oversight Commissioner overstepped his bounds when he accused one of his officers of racial profiling.
The accused officer has called for commissioner J. L'Keith Jones, an Albuquerque minister, to resign.
Jones, who is black, said Friday he has no intention to resign from the commission and he still believes the white officer, Gerald Roach, was guilty of racial profiling.
"Racial profiling occurs every day, and I am a victim along with thousands of other people," Jones said. "There is not a day that goes by where a cop doesn't run my license plate or give me a look."
Gallegos said Friday he does not share Roach's opinion that Jones should resign. Gallegos stood behind his officer saying he has known Roach for 20 years and he is not biased.
"He continues to believe that this officer is a racist, and I believe that is wrong," Gallegos said.
During a November commission meeting, Jones said he was racially profiled when Roach stopped him for speeding and then arrested him on an outstanding warrant from Guadalupe County.
The warrant proved to be issued in error and the bond money Jones paid was returned to him.
Gallegos said the traffic stop was never officially investigated because Jones never filed a complaint with the department.
At a commission meeting Thursday, Roach and Gallegos attacked Jones, claiming he had made false accusations.
"Mr. Jones' comments have the potential of ruining my career, my family and family reputation," Roach told the commission. "It hurts more than just me being the target of his accusation. Mr. Jones slandered me in the media. I have been convicted of being a racist without so much of due process for our little incident."
Roach claimed he was not given an opportunity to comment in the Journal article, which was published Dec. 5.
Before publishing the article, the Journal made four attempts to contact Roach. He did not return phone calls.
After the story appeared, a letter from Roach was published.
On Friday, Roach could not be reached for comment. A message for Roach was also left with an APD public information officer.
After Thursday's meeting, Roach told KOAT-TV that he thought Jones should resign.
After Roach and Gallegos made their remarks to the commission, Joe Gutierrez, commission chairman, apologized to Roach.
Gutierrez said no other commissioner had anything to do with Jones' remarks.
Jones said he felt it was inappropriate for Gallegos and Roach to address the issue during a public meeting. He said Gallegos rarely attends the meetings.
Thursday, December 16, 2004
City: Former APD Officer Stole $700 From Man He Arrested
By Jeff Proctor, Journal Staff Writer
A former Albuquerque police officer stole $700 from a man he arrested for drunken driving, according to an investigation conducted by the city's Independent Review Office.
The officer, who has not been named, initially agreed to cooperate with the office's investigation. But on the day he was to take a polygraph, the officer resigned.
"It is my finding that this officer stole the money, then lied about it in a statement," Independent Review Officer Jay Rowland told the Police Oversight Commission last week.
The commission voted unanimously Dec. 9 to uphold Rowland's findings and sustain the complaint filed against the former officer.
But APD Chief Gilbert Gallegos disagrees, saying there wasn't enough evidence to say the former officer was guilty.
APD Deputy Chief Paul Chavez could not be reached for comment on the case.
The allegation stems from a Feb. 28 traffic stop, according to the investigation. During the stop, the officer took $700 from the driver's pocket and threw it in his squad car, the investigation found.
"There was another officer present, and that officer did see some money," Rowland said.
The former officer arrested the man and took him to the now-closed Prisoner Transfer Station— a building Downtown where police took offenders to be processed before taking them to the Metropolitan Detention Center on the West Side.
When he was released from the West Side jail, the man refused to sign a property list because it did not contain his $700, the investigation shows.
The man filed a complaint with the POC in April, and investigators found he had cashed a check on the day he was arrested for about $3,000.
He spent money on attorney's fees, a paint job for his car and liquor at an Albuquerque bar, the investigation shows. The leftover $700 was money he owed his mother.
The man passed a polygraph test that asked whether he had money on him when he was stopped, the investigation shows.
In an interview, the officer denied stealing any money and agreed to take a polygraph. Shortly after the interview— sometime in May— the officer resigned.
A former Albuquerque police officer stole $700 from a man he arrested for drunken driving, according to an investigation conducted by the city's Independent Review Office.
The officer, who has not been named, initially agreed to cooperate with the office's investigation. But on the day he was to take a polygraph, the officer resigned.
"It is my finding that this officer stole the money, then lied about it in a statement," Independent Review Officer Jay Rowland told the Police Oversight Commission last week.
The commission voted unanimously Dec. 9 to uphold Rowland's findings and sustain the complaint filed against the former officer.
But APD Chief Gilbert Gallegos disagrees, saying there wasn't enough evidence to say the former officer was guilty.
APD Deputy Chief Paul Chavez could not be reached for comment on the case.
The allegation stems from a Feb. 28 traffic stop, according to the investigation. During the stop, the officer took $700 from the driver's pocket and threw it in his squad car, the investigation found.
"There was another officer present, and that officer did see some money," Rowland said.
The former officer arrested the man and took him to the now-closed Prisoner Transfer Station— a building Downtown where police took offenders to be processed before taking them to the Metropolitan Detention Center on the West Side.
When he was released from the West Side jail, the man refused to sign a property list because it did not contain his $700, the investigation shows.
The man filed a complaint with the POC in April, and investigators found he had cashed a check on the day he was arrested for about $3,000.
He spent money on attorney's fees, a paint job for his car and liquor at an Albuquerque bar, the investigation shows. The leftover $700 was money he owed his mother.
The man passed a polygraph test that asked whether he had money on him when he was stopped, the investigation shows.
In an interview, the officer denied stealing any money and agreed to take a polygraph. Shortly after the interview— sometime in May— the officer resigned.
Saturday, May 22, 2004
Muslim Mallgoers Detained by Police
By Olivier Uyttebrouck, Journal Staff Writer
Members of Albuquerque's Islamic community said police practiced racial profiling on Sunday by detaining eight people for up to two hours at Coronado Center.
Essa Dalloul, 20, said an Albuquerque police officer stopped him about 6 p.m. in the mall concourse, placed him in handcuffs and made him sit on the floor for nearly two hours before releasing him.
"I felt kind of embarrassed and humiliated," Dalloul said Friday at a news conference at the Islamic Center of New Mexico. "I just went shopping, and I find myself on the floor in handcuffs."
Albuquerque Police Department Chief Gil Gallegos said officers were summoned by mall security after two Middle Eastern men were seen praying outside the mall. Dalloul, who was not one of the men praying, was cuffed and detained for about 45 minutes, he said.
"He was not arrested and he was not mistreated," Gallegos said of Dalloul. "There was no racial profiling."
Police have remained on heightened alert since the Sept. 11, 2001, attacks, he said.
"We responded to (mall) security's call," he said. "Doing anything less would be a disservice because of security concerns since 9/11."
Ahmad Assed, Dalloul's attorney, said the report of Islamic men praying near the mall did not justify police detaining and cuffing Dalloul, an Albuquerque resident and U.S. citizen.
Muslims pray five times a day and the two men had found a grassy place near the mall to pray, Assed said. Police brought the two men into the mall but did not cuff them, he said.
Five of Dalloul's friends and relatives asked police why they were holding Dalloul, Assed said. Police responded by seizing their identification cards until about 8 p.m., he said.
"We strongly recommend that (Albuquerque police) make an effort to educate its personnel on Islamic practices and that it make an effort to reach out to our Islamic community," board members of the Islamic Center said in a written statement.
Members of Albuquerque's Islamic community said police practiced racial profiling on Sunday by detaining eight people for up to two hours at Coronado Center.
Essa Dalloul, 20, said an Albuquerque police officer stopped him about 6 p.m. in the mall concourse, placed him in handcuffs and made him sit on the floor for nearly two hours before releasing him.
"I felt kind of embarrassed and humiliated," Dalloul said Friday at a news conference at the Islamic Center of New Mexico. "I just went shopping, and I find myself on the floor in handcuffs."
Albuquerque Police Department Chief Gil Gallegos said officers were summoned by mall security after two Middle Eastern men were seen praying outside the mall. Dalloul, who was not one of the men praying, was cuffed and detained for about 45 minutes, he said.
"He was not arrested and he was not mistreated," Gallegos said of Dalloul. "There was no racial profiling."
Police have remained on heightened alert since the Sept. 11, 2001, attacks, he said.
"We responded to (mall) security's call," he said. "Doing anything less would be a disservice because of security concerns since 9/11."
Ahmad Assed, Dalloul's attorney, said the report of Islamic men praying near the mall did not justify police detaining and cuffing Dalloul, an Albuquerque resident and U.S. citizen.
Muslims pray five times a day and the two men had found a grassy place near the mall to pray, Assed said. Police brought the two men into the mall but did not cuff them, he said.
Five of Dalloul's friends and relatives asked police why they were holding Dalloul, Assed said. Police responded by seizing their identification cards until about 8 p.m., he said.
"We strongly recommend that (Albuquerque police) make an effort to educate its personnel on Islamic practices and that it make an effort to reach out to our Islamic community," board members of the Islamic Center said in a written statement.
Sunday, May 2, 2004
Changes May Be in Store for Rules on Police Oversight
By Lloyd Jojola, Journal Staff Report
Changes could be in store for the ordinance that governs police oversight.
"We needed more teeth," Police Oversight Commission Chairman Joe T. Gutierrez said. "Not only to oversee but to make sure that the process works."
The City Council is scheduled at its 5 p.m. Monday meeting to consider the bill to amend the existing ordinance.
The bill, as it was initially proposed, has forced discussion between the police department, officers union, the oversight commission and the independent review officer. Those groups have suggested additional changes.
The oversight commission and the independent review office were created under a bill passed in 1998 to enhance civilian oversight of the city police department.
"It is absolutely critical for these amendments to pass to give the POC the authority that goes along with the responsibility that the city has placed on them," said Jay Rowland, the city's independent review officer.
According to a council analysis, one change would clarify that, when the review officer and chief of police agree on findings, the findings would be considered final. In addition, the findings could not be changed without first notifying the POC, review officer and individuals involved in the complaint.
The change addresses a situation that arose when Police Chief Gil Gallegos changed some findings that were previously decided on by the review officer and POC, the analysis states.
"Without making this change, findings can be changed for any reason by the chief and are never really 'final,' '' the analysis reads.
Gallegos said there have only been two instances in which that has occurred, "and they were not citizen complaints, they were internal complaints."
Gutierrez said the biggest issue of contention seems to be an amendment that would require findings of the review officer to be placed in the police officer's record.
Another amendment deals with disagreements between the oversight commission and chief, Rowland said.
"The POC wanted an ability to resolve that by taking it to the (city's chief administrative officer)," Rowland said.
Changes could be in store for the ordinance that governs police oversight.
"We needed more teeth," Police Oversight Commission Chairman Joe T. Gutierrez said. "Not only to oversee but to make sure that the process works."
The City Council is scheduled at its 5 p.m. Monday meeting to consider the bill to amend the existing ordinance.
The bill, as it was initially proposed, has forced discussion between the police department, officers union, the oversight commission and the independent review officer. Those groups have suggested additional changes.
The oversight commission and the independent review office were created under a bill passed in 1998 to enhance civilian oversight of the city police department.
"It is absolutely critical for these amendments to pass to give the POC the authority that goes along with the responsibility that the city has placed on them," said Jay Rowland, the city's independent review officer.
According to a council analysis, one change would clarify that, when the review officer and chief of police agree on findings, the findings would be considered final. In addition, the findings could not be changed without first notifying the POC, review officer and individuals involved in the complaint.
The change addresses a situation that arose when Police Chief Gil Gallegos changed some findings that were previously decided on by the review officer and POC, the analysis states.
"Without making this change, findings can be changed for any reason by the chief and are never really 'final,' '' the analysis reads.
Gallegos said there have only been two instances in which that has occurred, "and they were not citizen complaints, they were internal complaints."
Gutierrez said the biggest issue of contention seems to be an amendment that would require findings of the review officer to be placed in the police officer's record.
Another amendment deals with disagreements between the oversight commission and chief, Rowland said.
"The POC wanted an ability to resolve that by taking it to the (city's chief administrative officer)," Rowland said.
Monday, March 29, 2004
Misconduct Allegations Try APD
By Chris Vogel, Journal Staff Writer
It's been a rough 10 months for the Albuquerque Police Department.
As Gilbert Gallegos enters his third year as police chief, the department faces allegations of corruption, officer misconduct and use of excessive force.
There are also union problems, staffing shortages and criticism from the city's independent review officer, who investigates citizen complaints.
But Mayor Martin Chávez said the jobs of Gallegos and Nick Bakas, chief public safety officer, are safe.
Chávez, in a recent interview, saluted APD for lowering the city's crime rate.
He said the department is on track.
"That doesn't mean (Gallegos and Bakas) have not been taken out to the woodshed a couple times; they have ... " he said. But, he added, "overall, the police department is doing very well."
Among APD's problems:
A high-ranking officer was disciplined for giving the mayor's wife a break on a parking ticket.
An officer was indicted last summer after he was accused of detaining people for no reason at traffic stops, and another resigned after he was accused of forcing a woman he had stopped to expose herself.
After a surprise inspection, the department's jail transfer station was shut down this month because of possible mistreatment of prisoners.
And potentially the most damaging: allegations that civilian employees stole thousands of dollars in money and property from APD's evidence unit, and that top officials covered it up.
Jay Rowland, the city's Independent Review Officer, has at times clashed with Gallegos over complaints of officer misconduct.
"The department clearly has some problems and needs civilian oversight," Rowland said recently.
Gallegos and Bakas acknowledge that APD has its troubles.
"I know we have a lot of issues we're addressing right now, but we have a good department," Gallegos said in an interview earlier this month. "It's a very professional department."
Said Bakas, "When we talk about corruption, I remember the days when officers were accused of murder and burglary— that in my mind is corruption. I've seen corruption, I know corruption, and we are not where we were many years ago. In perspective, we're doing very well."
Top brass under fire
The leadership of Gallegos and Bakas was questioned when the allegations of evidence theft surfaced.
In early March, an anonymous memo alleged that the two men at one point turned a blind eye to the accusations. They deny they delayed investigating the evidence unit and said the department should be recognized for locating, then investigating possible internal crime.
Evidence-handling problems are not new for APD. A 1999 city audit found improper storage of money, lax security, problems with evidence and inventory procedures and discrepancies between accounts.
As a result, cash is now kept in a vault behind a locked gate, according to a followup 2003 audit.
"Apparently, we had some ongoing problems with the evidence room," Gallegos said. "Why wasn't something done in 1999? It was me who initiated the (recent) internal investigation to find out what in the hell is going on, and some people seem to forget that.
"To let the unit go to what it was in 1999 and earlier would be irresponsible, but to do the things this department did was the common sense and professional thing to do, and I'd do it all over again."
He said the internal investigation was launched when a routine inspection in August uncovered possible misconduct by unit employees. Along with the internal probe, APD asked the Attorney General's Office to conduct an inquiry.
"I've heard all the rumors, and all I can say is that I hope the department acted as quickly as possible," said Jeff Remington, president of the Albuquerque Police Officers' Association.
Chávez said he was pleased that the AG's Office was brought in. Its findings will determine whether Gallegos and Bakas acted quickly enough, he said.
The parking ticket break for first lady Margaret Aragón de Chávez resulted in disciplinary action for APD Capt. Conrad Candelaria.
An internal investigation determined that Candelaria broke department procedures when he used his discretion to reduce the ticket to a warning. Candelaria has said that neither the mayor nor his wife had contacted APD.
Last summer, officers Christopher Chase and Duane Currell were indicted for allegedly abusing people during traffic stops.
Chase was fired for detaining people for no apparent reason, according to an indictment. In all, the indictment alleges that 11 people were victims of numerous crimes, including sexual assault.
In an unrelated incident, Currell resigned after he was accused of coercing a woman into exposing herself, then grabbing her during a traffic stop, according to an APD investigation.
Last fall, the department's emergency line came under scrutiny when residents failed to reach an operator after dialing 911. APD hired more operators after an internal review and a visit by Chávez to the dispatch room.
The prisoner transfer station near the Big I was closed after a surprise inspection by Rowland and internal affairs officers uncovered understaffing and possible mistreatment of prisoners. That means arresting officers must drive prisoners more than 20 miles to the new West Side jail.
Rowland reported a lack of medical care, an erratic toilet and a prisoner handcuffed outside the station without shoes and pants.
The fate of the station highlights what has been a thorny relationship between Gallegos and Rowland.
Rowland independently investigates citizen complaints and forwards his findings to the Police Oversight Commission, which makes a ruling. But it is up to Gallegos to decide if an officer is disciplined.
Rowland said Gallegos agrees with him on about 97 percent of his findings. But their most common disagreements are over cases involving excessive force.
In the past 18 months, Rowland said he has determined that officers used excessive force in 10 complaints, only one of which Gallegos sustained.
"Our non-concurrence rate is low, but it concerns me that it's in the use of excessive force (cases)," Rowland said.
One case in which he found excessive force was during an anti-war protest near the University of New Mexico in March 2003. Gallegos didn't agree, and the officer was not disciplined.
Earlier this month, the ACLU and the National Lawyers Guild filed a civil rights lawsuit claiming excessive force and free speech violations.
Despite APD's problems, Gallegos said his cops are taking care of the most important one— crime.
He pointed to national FBI crime figures, saying they show that crime dropped 10 percent in 2002 and 6 percent in 2003.
Goals for APD
Gallegos has a number of goals for APD, including installing a computer system that would allow officers to write reports online in their cars.
He has also started to replace the department's fleet of vehicles every five years as opposed to every eight years.
Remington said items like new cars help keep officers productive, but the greatest strain on morale is the lack of a contract. He said officers have not been given a raise or their promised pay step increases in more than two years.
In late February, Remington and other officers camped outside Civic Plaza for several nights to protest pay and what they say is a lack of leadership.
"In the past, APD was a very prestigious law enforcement agency, and hits like the evidence unit and not getting the (pay) steps damage morale," he said. "It hits the perception that we're working at a quality agency."
Gallegos said he was "very supportive regarding pay raises. I think our officers deserve them, and I am confident they will get something new in their paychecks in the next few months."
Chávez set a goal of staffing 1,000 officers by 2005, and the department failed to reach its intermediary goal of 955 in February. APD says it has 937 officers, while the union contends that the number is lower.
Bakas and Gallegos agree with the union that APD does not have enough officers.
"Yes, we are short," Gallegos said. "We know that, and that's why we're trying to beef up the force size."
Bakas acknowledges that a retiree who had a criminal record was hired and another was fired after failing a drug test, which was taken after the officer was assigned to full-time duty.
Regarding questions about his leadership, Gallegos mused during a recent interview about how public perceptions can change.
Thirty years ago, he was known as an Albuquerque police union advocate and became a national union leader as president of the national Fraternal Order of Police. He is still a board member.
"In 1975, I was mentioned in an Albuquerque Journal editorial as one of seven city heroes and leaders," he said. "Several years later, I'm a bum."
But Gallegos said he doesn't believe that about himself, and neither do Bakas and Chávez.
"I advise the chief on our preference on situations, but all the directors are expected to run their departments and the chief is doing a very good job," Bakas said.
It's been a rough 10 months for the Albuquerque Police Department.
As Gilbert Gallegos enters his third year as police chief, the department faces allegations of corruption, officer misconduct and use of excessive force.
There are also union problems, staffing shortages and criticism from the city's independent review officer, who investigates citizen complaints.
But Mayor Martin Chávez said the jobs of Gallegos and Nick Bakas, chief public safety officer, are safe.
Chávez, in a recent interview, saluted APD for lowering the city's crime rate.
He said the department is on track.
"That doesn't mean (Gallegos and Bakas) have not been taken out to the woodshed a couple times; they have ... " he said. But, he added, "overall, the police department is doing very well."
Among APD's problems:
A high-ranking officer was disciplined for giving the mayor's wife a break on a parking ticket.
An officer was indicted last summer after he was accused of detaining people for no reason at traffic stops, and another resigned after he was accused of forcing a woman he had stopped to expose herself.
After a surprise inspection, the department's jail transfer station was shut down this month because of possible mistreatment of prisoners.
And potentially the most damaging: allegations that civilian employees stole thousands of dollars in money and property from APD's evidence unit, and that top officials covered it up.
Jay Rowland, the city's Independent Review Officer, has at times clashed with Gallegos over complaints of officer misconduct.
"The department clearly has some problems and needs civilian oversight," Rowland said recently.
Gallegos and Bakas acknowledge that APD has its troubles.
"I know we have a lot of issues we're addressing right now, but we have a good department," Gallegos said in an interview earlier this month. "It's a very professional department."
Said Bakas, "When we talk about corruption, I remember the days when officers were accused of murder and burglary— that in my mind is corruption. I've seen corruption, I know corruption, and we are not where we were many years ago. In perspective, we're doing very well."
Top brass under fire
The leadership of Gallegos and Bakas was questioned when the allegations of evidence theft surfaced.
In early March, an anonymous memo alleged that the two men at one point turned a blind eye to the accusations. They deny they delayed investigating the evidence unit and said the department should be recognized for locating, then investigating possible internal crime.
Evidence-handling problems are not new for APD. A 1999 city audit found improper storage of money, lax security, problems with evidence and inventory procedures and discrepancies between accounts.
As a result, cash is now kept in a vault behind a locked gate, according to a followup 2003 audit.
"Apparently, we had some ongoing problems with the evidence room," Gallegos said. "Why wasn't something done in 1999? It was me who initiated the (recent) internal investigation to find out what in the hell is going on, and some people seem to forget that.
"To let the unit go to what it was in 1999 and earlier would be irresponsible, but to do the things this department did was the common sense and professional thing to do, and I'd do it all over again."
He said the internal investigation was launched when a routine inspection in August uncovered possible misconduct by unit employees. Along with the internal probe, APD asked the Attorney General's Office to conduct an inquiry.
"I've heard all the rumors, and all I can say is that I hope the department acted as quickly as possible," said Jeff Remington, president of the Albuquerque Police Officers' Association.
Chávez said he was pleased that the AG's Office was brought in. Its findings will determine whether Gallegos and Bakas acted quickly enough, he said.
The parking ticket break for first lady Margaret Aragón de Chávez resulted in disciplinary action for APD Capt. Conrad Candelaria.
An internal investigation determined that Candelaria broke department procedures when he used his discretion to reduce the ticket to a warning. Candelaria has said that neither the mayor nor his wife had contacted APD.
Last summer, officers Christopher Chase and Duane Currell were indicted for allegedly abusing people during traffic stops.
Chase was fired for detaining people for no apparent reason, according to an indictment. In all, the indictment alleges that 11 people were victims of numerous crimes, including sexual assault.
In an unrelated incident, Currell resigned after he was accused of coercing a woman into exposing herself, then grabbing her during a traffic stop, according to an APD investigation.
Last fall, the department's emergency line came under scrutiny when residents failed to reach an operator after dialing 911. APD hired more operators after an internal review and a visit by Chávez to the dispatch room.
The prisoner transfer station near the Big I was closed after a surprise inspection by Rowland and internal affairs officers uncovered understaffing and possible mistreatment of prisoners. That means arresting officers must drive prisoners more than 20 miles to the new West Side jail.
Rowland reported a lack of medical care, an erratic toilet and a prisoner handcuffed outside the station without shoes and pants.
The fate of the station highlights what has been a thorny relationship between Gallegos and Rowland.
Rowland independently investigates citizen complaints and forwards his findings to the Police Oversight Commission, which makes a ruling. But it is up to Gallegos to decide if an officer is disciplined.
Rowland said Gallegos agrees with him on about 97 percent of his findings. But their most common disagreements are over cases involving excessive force.
In the past 18 months, Rowland said he has determined that officers used excessive force in 10 complaints, only one of which Gallegos sustained.
"Our non-concurrence rate is low, but it concerns me that it's in the use of excessive force (cases)," Rowland said.
One case in which he found excessive force was during an anti-war protest near the University of New Mexico in March 2003. Gallegos didn't agree, and the officer was not disciplined.
Earlier this month, the ACLU and the National Lawyers Guild filed a civil rights lawsuit claiming excessive force and free speech violations.
Despite APD's problems, Gallegos said his cops are taking care of the most important one— crime.
He pointed to national FBI crime figures, saying they show that crime dropped 10 percent in 2002 and 6 percent in 2003.
Goals for APD
Gallegos has a number of goals for APD, including installing a computer system that would allow officers to write reports online in their cars.
He has also started to replace the department's fleet of vehicles every five years as opposed to every eight years.
Remington said items like new cars help keep officers productive, but the greatest strain on morale is the lack of a contract. He said officers have not been given a raise or their promised pay step increases in more than two years.
In late February, Remington and other officers camped outside Civic Plaza for several nights to protest pay and what they say is a lack of leadership.
"In the past, APD was a very prestigious law enforcement agency, and hits like the evidence unit and not getting the (pay) steps damage morale," he said. "It hits the perception that we're working at a quality agency."
Gallegos said he was "very supportive regarding pay raises. I think our officers deserve them, and I am confident they will get something new in their paychecks in the next few months."
Chávez set a goal of staffing 1,000 officers by 2005, and the department failed to reach its intermediary goal of 955 in February. APD says it has 937 officers, while the union contends that the number is lower.
Bakas and Gallegos agree with the union that APD does not have enough officers.
"Yes, we are short," Gallegos said. "We know that, and that's why we're trying to beef up the force size."
Bakas acknowledges that a retiree who had a criminal record was hired and another was fired after failing a drug test, which was taken after the officer was assigned to full-time duty.
Regarding questions about his leadership, Gallegos mused during a recent interview about how public perceptions can change.
Thirty years ago, he was known as an Albuquerque police union advocate and became a national union leader as president of the national Fraternal Order of Police. He is still a board member.
"In 1975, I was mentioned in an Albuquerque Journal editorial as one of seven city heroes and leaders," he said. "Several years later, I'm a bum."
But Gallegos said he doesn't believe that about himself, and neither do Bakas and Chávez.
"I advise the chief on our preference on situations, but all the directors are expected to run their departments and the chief is doing a very good job," Bakas said.
Saturday, January 10, 2004
Police Panel Rules in Protest Conduct
By Lloyd Jojola, Journal Staff Report
Unreasonable force was used by a police officer during an anti-war demonstration last year, the Police Oversight Commission has said.
Thursday's decision supports the opinion of Independent Review Officer Jay Rowland but conflicts with Albuquerque Police Department Chief Gil Gallegos' findings.
Gallegos reviewed the complaint filed by Lane Leckman and does not believe the force used was excessive. Leckman, a physician, appealed the chief's findings to the commission.
The commission also ruled the officer failed to identify himself, an alleged standard procedure violation that Rowland and Gallegos said wasn't proven.
As a result of its action, the commission will write a letter to Gallegos asking him to reconsider his findings, Rowland said.
Police spokesman Jeff Arbogast said Friday the department had not seen the commission's written decision and could not immediately comment on the commission's action.
The incident occurred during a March 20 anti-war demonstration at Central near the University of New Mexico campus.
The crowd, marching west on Central, swelled into the hundreds and were met by police dressed in gas masks and helmets. Police arrested 17 people and cleared the street with tear gas.
Leckman said he was by the bookstore, standing on the sidewalk away from the street, when an officer ordered him to move.
" 'I'm standing on the sidewalk, what is the problem?' '' he said he told the officer, recounting the incident to the commission.
"The next thing I knew, without another word, without any explanation, his baton in both hands, he hit me full force on the chest, knocked me into my fiancee ... knocking her over and bruising her hip. I turned around to pick her up. Turned around and asked him what his name was. He looked at me and did not answer."
Police accounts differ, according to a synopsis of an investigation conducted by Independent Review Office staff. One officer interviewed said, "He did see a man and woman trip over some bicycles in a bike rack and fell. He denied that he or any other officer pushed these people."
A sergeant interviewed said he also saw a man and woman fall over a bike rack. "He didn't see anyone hit them just before they fell," the synopsis states.
Leckman also claims a 911 operator hung up on him when he called police. According to the investigation synopsis, 911 tapes were reviewed and it was discovered that one operator hung up on three callers from the protest.
"The operator did not ask if the callers were injured," the review states. "This operator also called her daughter and played the tape of a male caller choking and gasping. She then laughed about the man's condition."
The 911 operator was found to be in violation of two standard operating procedures, including one that pertains to the use of telephone etiquette.
Arbogast said the operator was disciplined.
Unreasonable force was used by a police officer during an anti-war demonstration last year, the Police Oversight Commission has said.
Thursday's decision supports the opinion of Independent Review Officer Jay Rowland but conflicts with Albuquerque Police Department Chief Gil Gallegos' findings.
Gallegos reviewed the complaint filed by Lane Leckman and does not believe the force used was excessive. Leckman, a physician, appealed the chief's findings to the commission.
The commission also ruled the officer failed to identify himself, an alleged standard procedure violation that Rowland and Gallegos said wasn't proven.
As a result of its action, the commission will write a letter to Gallegos asking him to reconsider his findings, Rowland said.
Police spokesman Jeff Arbogast said Friday the department had not seen the commission's written decision and could not immediately comment on the commission's action.
The incident occurred during a March 20 anti-war demonstration at Central near the University of New Mexico campus.
The crowd, marching west on Central, swelled into the hundreds and were met by police dressed in gas masks and helmets. Police arrested 17 people and cleared the street with tear gas.
Leckman said he was by the bookstore, standing on the sidewalk away from the street, when an officer ordered him to move.
" 'I'm standing on the sidewalk, what is the problem?' '' he said he told the officer, recounting the incident to the commission.
"The next thing I knew, without another word, without any explanation, his baton in both hands, he hit me full force on the chest, knocked me into my fiancee ... knocking her over and bruising her hip. I turned around to pick her up. Turned around and asked him what his name was. He looked at me and did not answer."
Police accounts differ, according to a synopsis of an investigation conducted by Independent Review Office staff. One officer interviewed said, "He did see a man and woman trip over some bicycles in a bike rack and fell. He denied that he or any other officer pushed these people."
A sergeant interviewed said he also saw a man and woman fall over a bike rack. "He didn't see anyone hit them just before they fell," the synopsis states.
Leckman also claims a 911 operator hung up on him when he called police. According to the investigation synopsis, 911 tapes were reviewed and it was discovered that one operator hung up on three callers from the protest.
"The operator did not ask if the callers were injured," the review states. "This operator also called her daughter and played the tape of a male caller choking and gasping. She then laughed about the man's condition."
The 911 operator was found to be in violation of two standard operating procedures, including one that pertains to the use of telephone etiquette.
Arbogast said the operator was disciplined.
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