By Joline Gutierrez Krueger, Albuquerque Tribune
Wednesday, June 20, 2007
Cynthia Seeley told people she wanted to die.
In her short, painful 40 years of life, she had buried a son and been raped by a relative and, later, by an Albuquerque police officer.
She had fallen into booze and crack cocaine to escape the anguish of many failed relationships, male and female. She was a convicted felon, a drug trafficker, a forger and a woman on the edge.
She had also been a near-millionaire after receiving $943,380 in a federal lawsuit against Christopher Chase, the police officer she accused of rape.
In the courtroom that day in February 2005, she had smiled. And cried.
Two years later, money had apparently not bought her happiness.
In the morning of June 16, she tried to kill herself, according to a criminal complaint.
She downed a pint of vodka and a handful of alprazolam, an anti-anxiety medication. She got behind the wheel of a Chevy Avalanche and hurtled on Georgia Street Northeast through a residential neighborhood north of Expo New Mexico.
No one knows why she was there.
She ran a stop sign at Mountain Road and slammed into a silver Lexus driven by Tran Dung, 47, sending his car spinning and snapping his neck, the complaint says.
Doctors at University of New Mexico Hospital say Tran, a recent immigrant from Vietnam, is paralyzed and will likely die a "slow, painful death," the complaint says.
His condition had been so grave that Albuquerque police had initially charged Seeley with vehicular homicide.
For now, though, Tran will live. He is listed in serious condition, a hospital spokeswoman said.
Seeley will live, too, whether she wants to or not. She is charged with great bodily harm by vehicle and remains in the Metropolitan Detention Center in lieu of $100,000 cash-only bail.
She had walked away from her SUV, crumpled into the front of a house. Police say they found her curled on a front lawn, rocking and muttering, "I didn't want to hurt anyone."
Less than a mile from where she sat was the place that on a cold February day in 2002 she had been hurt, too.
She had testified at her federal lawsuit trial that Chase, an Albuquerque police officer for four years, had parked his squad car behind a Bennigan's at Louisiana Boulevard and America's Parkway Northeast and raped her in the back seat.
When it was over, he threw her and her purse to the ground "like trash" and drove away, she testified.
Chase had been one of two officers called to her apartment to investigate a call of domestic violence with her girlfriend.
Chase had offered to drive her to a friend's house so that the two women could separate and cool off when he veered off to the Bennigan's instead.
Seeley's lawsuit was one of six against Chase. All told, the city has paid out nearly $3 million in those cases.
Chase is serving a 15-year prison sentence after pleading no contest to 10 criminal charges involving attacks on seven victims, including Seeley, between 2001 and 2003.
If she is convicted, Seeley could be serving prison time as well. Certainly then her mental state will be brought out again in court.
During Chase's trial two years ago, psychologist Elaine Levine testified that Seeley had diagnoses of long-term depression, anxiety, alcohol and drug dependence and post-traumatic stress disorder.
Seeley, Levine said, was born of a mother strung out on heroin and into a life where nothing and no one could be counted on. She was sexually molested by a grandfather, Levine said. She gave birth to her first child when she was a child herself; by age 18, she was a mother of two.
Seeley married the second child's father, who abandoned her with three children when she was 21, Levine said. She began using cocaine and crack cocaine, especially after the death of her youngest son, killed, ironically, in a car crash.
"She has really suffered her whole life," Levine said.
The psychologist had advised the court that Seeley would need intensive long-term psychotherapy to help her "peel back layer after layer of trauma."
Whether Seeley had engaged in such treatment is unknown. If she had, it apparently had not worked.
Now, the pain that has brought her to her knees has apparently brought pain and paralysis to Tran and his family. The legacy of her sorrow is passed on, ugly and cold and relentless.
Showing posts with label Christopher Chase. Show all posts
Showing posts with label Christopher Chase. Show all posts
Wednesday, June 20, 2007
Friday, March 31, 2006
Ex-Cop Gets 15 Years in Assaults
By Scott Sandlin , Journal Staff Writer
Ex-cop Christopher Chase, a man who once put people in handcuffs, saw them slipped on his wrists by court officers Thursday after he was sentenced to the maximum possible penalty— 15 years behind bars.
Despite his attorney's request for voluntary surrender, Chase was taken into custody as soon as the sentencing hearing ended— to wails from his family.
Chase, 31, an Albuquerque Police Department officer fired after his indictment on multiple sexual assault and kidnapping charges in June 2003, entered a plea in February acknowledging he could be convicted if he went to trial. The so-called Alford plea was to 10 counts of criminal sexual penetration, kidnapping and other crimes related to six victims.
District Judge Denise Barela Shepherd then found him guilty.
But Chase and family members speaking on his behalf continued to insist his innocence and said he took the plea only to provide some resolution for his young family. His daughters, ages 1 and 4, and his wife, Darla, appeared at the hearing as they have for virtually every court event in the longstanding case.
His wife, who said there were mistakes in the investigation, emotionally threw her arms around Chase before he was ordered to prison.
A succession of victims also offered emotional evocations of their experiences with Chase, whom they never knew before their official encounters with him. The women, some of whom were high school teens at the time the crimes were committed, spoke of the lasting effects of the assaults on them and their families.
Veronica Edwell, pulled over by Chase for an alleged traffic infraction and assaulted, and Marissa Senigo, who was 16 when she was pulled over by Chase in 2002, said they fear police when they see them.
Prosecutor Michael Fricke, urging the maximum penalty, said Chase had figuratively raped the city as well as the individual victims.
Detective Monte Curtis said that, until he investigated, he would never have believed a police officer capable of the assaults. Chase has eroded years of work building relations between police and the community, he said.
Defense attorney Jacquelyn Robins urged Shepherd to sentence Chase to five years in prison and 20 years probation. As an ex-cop, she said, her client will have to remain in protective custody— meaning 23 hours a day in his cell.
She said Chase took the plea despite his desire for a trial because, if he'd been convicted of even one set of incidents in the indictment, he could have faced an even longer sentence.
Ex-cop Christopher Chase, a man who once put people in handcuffs, saw them slipped on his wrists by court officers Thursday after he was sentenced to the maximum possible penalty— 15 years behind bars.
Despite his attorney's request for voluntary surrender, Chase was taken into custody as soon as the sentencing hearing ended— to wails from his family.
Chase, 31, an Albuquerque Police Department officer fired after his indictment on multiple sexual assault and kidnapping charges in June 2003, entered a plea in February acknowledging he could be convicted if he went to trial. The so-called Alford plea was to 10 counts of criminal sexual penetration, kidnapping and other crimes related to six victims.
District Judge Denise Barela Shepherd then found him guilty.
But Chase and family members speaking on his behalf continued to insist his innocence and said he took the plea only to provide some resolution for his young family. His daughters, ages 1 and 4, and his wife, Darla, appeared at the hearing as they have for virtually every court event in the longstanding case.
His wife, who said there were mistakes in the investigation, emotionally threw her arms around Chase before he was ordered to prison.
A succession of victims also offered emotional evocations of their experiences with Chase, whom they never knew before their official encounters with him. The women, some of whom were high school teens at the time the crimes were committed, spoke of the lasting effects of the assaults on them and their families.
Veronica Edwell, pulled over by Chase for an alleged traffic infraction and assaulted, and Marissa Senigo, who was 16 when she was pulled over by Chase in 2002, said they fear police when they see them.
Prosecutor Michael Fricke, urging the maximum penalty, said Chase had figuratively raped the city as well as the individual victims.
Detective Monte Curtis said that, until he investigated, he would never have believed a police officer capable of the assaults. Chase has eroded years of work building relations between police and the community, he said.
Defense attorney Jacquelyn Robins urged Shepherd to sentence Chase to five years in prison and 20 years probation. As an ex-cop, she said, her client will have to remain in protective custody— meaning 23 hours a day in his cell.
She said Chase took the plea despite his desire for a trial because, if he'd been convicted of even one set of incidents in the indictment, he could have faced an even longer sentence.
Thursday, March 30, 2006
Former Albuquerque Officer Sentenced in Plea Deal
Thursday, March 30, 2006
Associated Press
A former Albuquerque police officer accused of sexually assaulting and beating motorists was sentenced Thursday to 15 years in prison.
State District Judge Denise Barela Shepherd sentenced Christopher Chase to 60 years, but suspended all but 15 years — the maximum allowed under a plea deal Chase reached with prosecutors in January. She also sentenced Chase to five years of probation upon his release.
The judge rejected a defense proposal to give him a shorter prison sentence and 20 years of probation.
He had entered Alford pleas to 10 counts involving the alleged attacks, which occurred between 2001 and 2003 while he was a patrolman. Under an Alford plea, the defendant does not admit guilt, but acknowledges prosecutors may have enough evidence for a conviction.
Shepherd said Chase will be put in protective custody in prison because of his law enforcement background.
Assistant District Attorney Michael Fricke said Chase violated the public trust, his uniform and his badge.
"Chase is more than a rapist who rapes victims,'' he said. "He raped the city.''
Several people who spoke on Chase's behalf said he could not have committed the crimes.
"There has never, ever been a doubt in my mind that they have got the wrong man,'' said his wife, Darla.
Chase could have been sentenced to more than 140 years had he been found guilty of all the charges at trial.
Prosecutors accused Chase of randomly selecting vehicles to pull over, then forcing himself on the motorist. The incidents occurred both while Chase was on- and off-duty and while he was using his marked police car.
Chase was fired from the department after he was indicted June 2003 on 32 charges, including five counts of rape and two counts of criminal sexual contact.
The plea agreement includes four counts of rape, three counts of kidnapping, two counts of criminal sexual contact and one count of aggravated battery.
Associated Press
A former Albuquerque police officer accused of sexually assaulting and beating motorists was sentenced Thursday to 15 years in prison.
State District Judge Denise Barela Shepherd sentenced Christopher Chase to 60 years, but suspended all but 15 years — the maximum allowed under a plea deal Chase reached with prosecutors in January. She also sentenced Chase to five years of probation upon his release.
The judge rejected a defense proposal to give him a shorter prison sentence and 20 years of probation.
He had entered Alford pleas to 10 counts involving the alleged attacks, which occurred between 2001 and 2003 while he was a patrolman. Under an Alford plea, the defendant does not admit guilt, but acknowledges prosecutors may have enough evidence for a conviction.
Shepherd said Chase will be put in protective custody in prison because of his law enforcement background.
Assistant District Attorney Michael Fricke said Chase violated the public trust, his uniform and his badge.
"Chase is more than a rapist who rapes victims,'' he said. "He raped the city.''
Several people who spoke on Chase's behalf said he could not have committed the crimes.
"There has never, ever been a doubt in my mind that they have got the wrong man,'' said his wife, Darla.
Chase could have been sentenced to more than 140 years had he been found guilty of all the charges at trial.
Prosecutors accused Chase of randomly selecting vehicles to pull over, then forcing himself on the motorist. The incidents occurred both while Chase was on- and off-duty and while he was using his marked police car.
Chase was fired from the department after he was indicted June 2003 on 32 charges, including five counts of rape and two counts of criminal sexual contact.
The plea agreement includes four counts of rape, three counts of kidnapping, two counts of criminal sexual contact and one count of aggravated battery.
Wednesday, March 29, 2006
Ex-APD officer gets 15 years in prison
By Joline Gutierrez Krueger, Albuquerque Tribune
Posted 3:45 p.m. Former Albuquerque police Officer Christopher Chase will spend the next 15 years in prison after being sentenced today for the sexual assaults or beatings he dealt out to seven motorists from 2001 to 2003.
CHASE LAWSUITS
Besides the criminal charges, former Albuquerque police officer Christopher Chase was also named in six lawsuits, filed in federal and state courts.
All cases have been settled, costing the city about $3 million.
State District Judge Denise Barela Shepherd rejected a proposal from Chase's attorneys for a lesser sentence but a 20-year-probation.
Instead, she gave Chase the maximum allowable sentence under terms of a plea agreement signed in January.
And because of his law enforcement background, Chase will be placed in protective custody, Shepherd said. He will spend 23 hours a day in his cell.
The former officer entered Alford pleas in January to 10 counts involving attacks on motorists while he was a patrolman based in the Foothills Area Command.
An Alford plea does not admit guilt but acknowledges that enough evidence exists to convict. In the state's eyes, it is equivalent to a guilty plea.
Prosecutors say Chase randomly selected vehicles to pull over, then forced himself on the motorist, most of whom had not committed any traffic offense. The incidents occurred while Chase was both on- and off-duty, and while he was using his marked police car.
The victims include three women and three teenage girls. The charges also involve a teenage male relative of a high-ranking law enforcement official whom Chase is accused of beating with a flashlight and assaulting with a gun during a traffic stop in September 2002.
Tears flowed freely during the emotional sentencing hearing. Several victims spoke, saying they no longer trusted authorities, including police, and that the assaults had changed their lives forever.
Assistant District Attorney Michael Fricke called Chase a serial rapist. "Chase is more than a rapist who rapes victims," he said. "He raped the city."
The former officer violated the public trust, his uniform and his badge, Fricke said.
Several people spoke on Chase's behalf, denying that he could have committed the crimes.
"There has never, ever been a doubt in my mind that they have got the wrong man," said his wife, Darla.
She then started crying, prompting Chase to cry.
Chase was fired from the Albuquerque Police Department after being indicted in June 2003 on 32 charges, including five counts of rape and two counts of criminal sexual contact.
He was freed on $15,000 bond, but Shepherd in January ordered him into the Community Custody Program, where he was forced to wear an ankle monitor and check in regularly.
Until recently, he had been employed as a foreman for a construction company.
Today the judge denied a request from Chase's attorney, Jacquelyn Robins, that Chase be allowed to turn himself in.
Shepherd ordered him taken into custody immediately. He will need protective custody even during his processing at the Central Mexico Correctional Facility in Los Lunas.
Posted 3:45 p.m. Former Albuquerque police Officer Christopher Chase will spend the next 15 years in prison after being sentenced today for the sexual assaults or beatings he dealt out to seven motorists from 2001 to 2003.
CHASE LAWSUITS
Besides the criminal charges, former Albuquerque police officer Christopher Chase was also named in six lawsuits, filed in federal and state courts.
All cases have been settled, costing the city about $3 million.
State District Judge Denise Barela Shepherd rejected a proposal from Chase's attorneys for a lesser sentence but a 20-year-probation.
Instead, she gave Chase the maximum allowable sentence under terms of a plea agreement signed in January.
And because of his law enforcement background, Chase will be placed in protective custody, Shepherd said. He will spend 23 hours a day in his cell.
The former officer entered Alford pleas in January to 10 counts involving attacks on motorists while he was a patrolman based in the Foothills Area Command.
An Alford plea does not admit guilt but acknowledges that enough evidence exists to convict. In the state's eyes, it is equivalent to a guilty plea.
Prosecutors say Chase randomly selected vehicles to pull over, then forced himself on the motorist, most of whom had not committed any traffic offense. The incidents occurred while Chase was both on- and off-duty, and while he was using his marked police car.
The victims include three women and three teenage girls. The charges also involve a teenage male relative of a high-ranking law enforcement official whom Chase is accused of beating with a flashlight and assaulting with a gun during a traffic stop in September 2002.
Tears flowed freely during the emotional sentencing hearing. Several victims spoke, saying they no longer trusted authorities, including police, and that the assaults had changed their lives forever.
Assistant District Attorney Michael Fricke called Chase a serial rapist. "Chase is more than a rapist who rapes victims," he said. "He raped the city."
The former officer violated the public trust, his uniform and his badge, Fricke said.
Several people spoke on Chase's behalf, denying that he could have committed the crimes.
"There has never, ever been a doubt in my mind that they have got the wrong man," said his wife, Darla.
She then started crying, prompting Chase to cry.
Chase was fired from the Albuquerque Police Department after being indicted in June 2003 on 32 charges, including five counts of rape and two counts of criminal sexual contact.
He was freed on $15,000 bond, but Shepherd in January ordered him into the Community Custody Program, where he was forced to wear an ankle monitor and check in regularly.
Until recently, he had been employed as a foreman for a construction company.
Today the judge denied a request from Chase's attorney, Jacquelyn Robins, that Chase be allowed to turn himself in.
Shepherd ordered him taken into custody immediately. He will need protective custody even during his processing at the Central Mexico Correctional Facility in Los Lunas.
Saturday, January 28, 2006
Ex-Officer Guilty on 10 Counts
Saturday, January 28, 2006
By Scott Sandlin, Journal Staff Writer
Former Albuquerque police officer Christopher Chase faces up to 15 years in prison after being found guilty of criminal sexual penetration, kidnapping and other crimes.
Chase entered a plea Friday in which he acknowledged he likely would be convicted at trial. District Judge Denise Barela Shepherd then found him guilty of nine felony charges and one misdemeanor.
She scheduled sentencing for March 30.
The plea brings to a close a costly chapter for the city, which has been a defendant in lawsuits filed by the former officer's victims.
One case went to trial last February in federal court and resulted in a jury verdict of $943,380 plus $150,000 in legal fees. The city has appealed to the 10th U.S. Circuit Court of Appeals.
Another case involving a former prostitute was settled for $300,000 in November, despite Mayor Martin Chávez's policy of not settling cases involving police officers.
Three remaining civil lawsuits in which women claimed they had been sexually assaulted by Chase were resolved by Thursday with a $600,000 settlement, their attorney said.
The legal cases against Chase stem from traffic stops that started in September 2001 where he sexually molested, beat or kidnapped at least 11 motorists.
A subdued Chase, 31, appeared before Shepherd and answered "Yes ma'am" and "No ma'am" to questions about the individual charges.
His wife, mother-in-law and two young daughters watched. So did family members of one victim, who wept as Chase entered the plea to counts involving the then-16-year-old girl stopped by Chase and fondled in 2003.
Assistant District Attorney Michael Fricke said the plea was a good outcome for the victims, who won't have to testify, and for the public.
Defense attorney Jacquelyn Robins said her client faces less time than if he had gone to trial and been convicted.
There could have been at least three and possibly six trials.
Shepherd ordered a presentence report and said Chase would be remanded to the community confinement program pending sentencing.
That means he can continue working at the construction company where he supervises 30 employees, putting in some 70 hours a week, according to Robins. She said Chase wanted to keep working so he can provide for his family before he goes to prison.
The charges in the plea agreement include criminal sexual penetration, kidnapping, criminal sexual contact of a minor by a person in a position of authority and aggravated battery with a deadly weapon.
Fricke said he will argue for the maximum sentence.
Robins said she will ask that he be sentenced to nine years, with as much probation as the statute will permit.
The plea agreement may have been encouraged by an FBI investigation that could have led to federal charges of civil rights violations.
The civil lawsuits began mounting soon after the criminal indictment was handed up in June 2003. Chase was fired by APD shortly thereafter.
Attorney Brad Hall said he settled cases filed on behalf of three women on Thursday for a total of $600,000.
"I think we could have done better at trial, but they wanted to get this behind them," Hall said.
He said he believes the city has paid nearly $800,000 in legal fees in the collective cases involving Chase.
By Scott Sandlin, Journal Staff Writer
Former Albuquerque police officer Christopher Chase faces up to 15 years in prison after being found guilty of criminal sexual penetration, kidnapping and other crimes.
Chase entered a plea Friday in which he acknowledged he likely would be convicted at trial. District Judge Denise Barela Shepherd then found him guilty of nine felony charges and one misdemeanor.
She scheduled sentencing for March 30.
The plea brings to a close a costly chapter for the city, which has been a defendant in lawsuits filed by the former officer's victims.
One case went to trial last February in federal court and resulted in a jury verdict of $943,380 plus $150,000 in legal fees. The city has appealed to the 10th U.S. Circuit Court of Appeals.
Another case involving a former prostitute was settled for $300,000 in November, despite Mayor Martin Chávez's policy of not settling cases involving police officers.
Three remaining civil lawsuits in which women claimed they had been sexually assaulted by Chase were resolved by Thursday with a $600,000 settlement, their attorney said.
The legal cases against Chase stem from traffic stops that started in September 2001 where he sexually molested, beat or kidnapped at least 11 motorists.
A subdued Chase, 31, appeared before Shepherd and answered "Yes ma'am" and "No ma'am" to questions about the individual charges.
His wife, mother-in-law and two young daughters watched. So did family members of one victim, who wept as Chase entered the plea to counts involving the then-16-year-old girl stopped by Chase and fondled in 2003.
Assistant District Attorney Michael Fricke said the plea was a good outcome for the victims, who won't have to testify, and for the public.
Defense attorney Jacquelyn Robins said her client faces less time than if he had gone to trial and been convicted.
There could have been at least three and possibly six trials.
Shepherd ordered a presentence report and said Chase would be remanded to the community confinement program pending sentencing.
That means he can continue working at the construction company where he supervises 30 employees, putting in some 70 hours a week, according to Robins. She said Chase wanted to keep working so he can provide for his family before he goes to prison.
The charges in the plea agreement include criminal sexual penetration, kidnapping, criminal sexual contact of a minor by a person in a position of authority and aggravated battery with a deadly weapon.
Fricke said he will argue for the maximum sentence.
Robins said she will ask that he be sentenced to nine years, with as much probation as the statute will permit.
The plea agreement may have been encouraged by an FBI investigation that could have led to federal charges of civil rights violations.
The civil lawsuits began mounting soon after the criminal indictment was handed up in June 2003. Chase was fired by APD shortly thereafter.
Attorney Brad Hall said he settled cases filed on behalf of three women on Thursday for a total of $600,000.
"I think we could have done better at trial, but they wanted to get this behind them," Hall said.
He said he believes the city has paid nearly $800,000 in legal fees in the collective cases involving Chase.
Thursday, January 26, 2006
Ex-APD cop is to plead guilty today
By Joline Gutierrez Krueger, Albuquerque Tribune
Thursday, January 26, 2006
A former Albuquerque police officer was expected to plead guilty today to sexual assault charges involving women he encountered on bogus traffic stops.
Christopher Chase, who is also named in six lawsuits that have cost the city more than $1.4 million in claims, could face up to 15 years imprisonment under the plea agreement.
Had he been found guilty at trial, his sentence could have been more than 140 years.
Chase, 31, was a patrolman based in the Foothills area command but was fired after he was indicted June 2003 on 32 charges that included five counts of rape and two counts of criminal sexual contact.
THE LAWSUITS
Teenage boy (assault allegations): Federal jury awarded $17,000 in December 2004.
Woman, 34: Federal jury awarded $943,380 in February 2005 plus $150,000 in attorney fees in April 2005. Case is under appeal.
Woman, 18: Case settled in state District Court for $300,000 in November 2005.
Woman, 42: Pending in federal court.
Teenage girl No. 1: Pending in federal court.
Teenage girl No. 2: Pending in federal court.
Under the plea agreement, scheduled to be entered this morning before state District Judge Denise Barela Shepherd, Chase will plead guilty to four counts of rape, three counts of kidnapping, two counts of criminal sexual contact and one count of aggravated battery.
Assistant District Attorney Michael Fricke said the plea agreement still includes every victim of a sexual assault. The charges also involve a teenage male relative of a high-ranking law enforcement official whom Chase is accused of beating with a flashlight and assaulting with a gun during a traffic stop in September 2002.
Prosecutors say Chase randomly selected vehicles to pull over, then forced himself on the motorist, most of whom had not committed any traffic offense. The incidents occurred while Chase was either on- or off-duty, and while he was using his marked police car.
One female victim was stopped twice - in September 2001 and again in February 2002 - and raped both times. Afterward, the woman said Chase washed her hands with a sanitizer to hide any traces of his assault, a criminal complaint states.
Two of the victims were high school girls who were driving with several male companions in January 2003 when Chase stopped their car and took the girls one by one to his squad car to fondle, the complaint states.
Fricke said he did not know why Chase decided to accept the plea deal now.
"Negotiations have a will of their own," he said.
Chase's attorney, Jacquelyn Robins, did not return a call to her office.
Chase was a 1999 graduate of the 80th Cadet Class of the Albuquerque Police Academy. His wife, Darla, has remained by his side at nearly every court appearance during the past two years. They have two children.
Thursday, January 26, 2006
A former Albuquerque police officer was expected to plead guilty today to sexual assault charges involving women he encountered on bogus traffic stops.
Christopher Chase, who is also named in six lawsuits that have cost the city more than $1.4 million in claims, could face up to 15 years imprisonment under the plea agreement.
Had he been found guilty at trial, his sentence could have been more than 140 years.
Chase, 31, was a patrolman based in the Foothills area command but was fired after he was indicted June 2003 on 32 charges that included five counts of rape and two counts of criminal sexual contact.
THE LAWSUITS
Teenage boy (assault allegations): Federal jury awarded $17,000 in December 2004.
Woman, 34: Federal jury awarded $943,380 in February 2005 plus $150,000 in attorney fees in April 2005. Case is under appeal.
Woman, 18: Case settled in state District Court for $300,000 in November 2005.
Woman, 42: Pending in federal court.
Teenage girl No. 1: Pending in federal court.
Teenage girl No. 2: Pending in federal court.
Under the plea agreement, scheduled to be entered this morning before state District Judge Denise Barela Shepherd, Chase will plead guilty to four counts of rape, three counts of kidnapping, two counts of criminal sexual contact and one count of aggravated battery.
Assistant District Attorney Michael Fricke said the plea agreement still includes every victim of a sexual assault. The charges also involve a teenage male relative of a high-ranking law enforcement official whom Chase is accused of beating with a flashlight and assaulting with a gun during a traffic stop in September 2002.
Prosecutors say Chase randomly selected vehicles to pull over, then forced himself on the motorist, most of whom had not committed any traffic offense. The incidents occurred while Chase was either on- or off-duty, and while he was using his marked police car.
One female victim was stopped twice - in September 2001 and again in February 2002 - and raped both times. Afterward, the woman said Chase washed her hands with a sanitizer to hide any traces of his assault, a criminal complaint states.
Two of the victims were high school girls who were driving with several male companions in January 2003 when Chase stopped their car and took the girls one by one to his squad car to fondle, the complaint states.
Fricke said he did not know why Chase decided to accept the plea deal now.
"Negotiations have a will of their own," he said.
Chase's attorney, Jacquelyn Robins, did not return a call to her office.
Chase was a 1999 graduate of the 80th Cadet Class of the Albuquerque Police Academy. His wife, Darla, has remained by his side at nearly every court appearance during the past two years. They have two children.
Tuesday, November 29, 2005
City Pays $300,000 In Civil Lawsuit
By Scott Sandlin, Albuquerque Journal
The city has settled a civil lawsuit for $300,000 against former Albuquerque police officer Christopher Chase in an alleged rape— despite the mayor's policy against settling police cases.
The lawsuit filed on behalf of sometime prostitute Mitsey Ramone, who alleged she was raped twice by Chase, had been scheduled to begin trial Monday before William F. Lang, chief judge of the 2nd Judicial District Court.
Instead, the City Attorney's Office last week reached a settlement with Ramone's attorneys, Paul Kennedy and Mary Han.
Mayor Martin Chávez on Monday defended the no-settlement policy but said it was being fine-tuned to reflect situations where the city's liability is clear.
"We already know (the policy) has been incredibly successful financially for us. Instead of paying out on every case, we're prevailing in almost every case," he said. "That still brings to the fore the question of what happens when there's clear liability. I have no interest when you get a creep like Chase, making a victim go through the rigors of proving liability."
Chase faces criminal charges but hasn't yet been tried.
A grand jury indicted Chase in June 2003 on sexual assault charges against Ramone and other women and in alleged beatings of others. But pretrial motions caused delays, and it is now set for Dec. 12 before Judge Denise Barela Shepherd.
Chase was fired after he was named in the 32-count criminal indictment.
Ramone has testified about her experience in a civil lawsuit by another alleged Chase victim in federal court, Cynthia Seeley, as well as in a criminal hearing before Shepherd in October.
In the summer of 2002, Ramone said, she was prostituting herself to pay for her motel room, food and necessities, and occasionally for crack cocaine. She said a police officer stopped the truck in which she was a passenger near Central and Washington, conducted a pat-down search after she exited and took her to a park near Gibson where he forced her to have sex. Several months later, the same thing happened.
Seeley, who also described being sexually assaulted by Chase, won a verdict of $943,380 at trial in a federal civil rights suit against the former officer, including more than $800,000 in punitive damages. The court later awarded the attorneys $150,000 in legal fees. The city has appealed the judgment to the 10th Circuit Court of Appeals.
Kennedy said the structure of Ramone's settlement will give her a modest monthly income. He said she is no longer working as a prostitute.
"She's grateful this ordeal is over in terms of the civil case and still looks for justice from the criminal justice system," he said.
City Attorney Bob White said the case was settled because the facts were "virtually identical to the case that was tried. ... The mayor, I think, understood that the jury had spoken."
Another civil lawsuit filed on behalf of a high school student who said he'd been hit in the forehead with a flashlight by Chase also was tried before a federal jury and resulted in a $10,000 judgment against the former officer.
At least two more suits are pending in state and federal courts.
White and Chávez said those will be evaluated to determine whether they should be settled as well.
Chávez said in civil lawsuits against defendants like Chase, who are covered by a contract, the city lacks legal discretion to confess liability without the employee's permission.
"That's had us scratching our heads," Chávez said. Since a jury had found liability in the earlier case, he said he felt free to authorize settlement in Ramone's lawsuit.
"What we're trying to figure out is where we agree it's a bad apple ... how we can confess liability and leave to the jury the amount of damages."
Even conceding damages, a capable plaintiff's lawyer will want the jury to hear about some of the wrongdoing to have context for the damages. And that, says Chávez, can be a slippery slope.
Still, he said, some tweaking is in order.
"We've brought the pendulum back," he said. "Now we want to find a solution where there is liability."
Kennedy, for his part, says he doesn't really care if the city won't settle police cases.
"It's to the trial lawyers' advantage," said Kennedy, a former state Supreme Court justice. "We make lots of money from the no-settlement policy. If the mayor wants to spend taxpayers' dollars that way, it's fine with me."
The city has settled a civil lawsuit for $300,000 against former Albuquerque police officer Christopher Chase in an alleged rape— despite the mayor's policy against settling police cases.
The lawsuit filed on behalf of sometime prostitute Mitsey Ramone, who alleged she was raped twice by Chase, had been scheduled to begin trial Monday before William F. Lang, chief judge of the 2nd Judicial District Court.
Instead, the City Attorney's Office last week reached a settlement with Ramone's attorneys, Paul Kennedy and Mary Han.
Mayor Martin Chávez on Monday defended the no-settlement policy but said it was being fine-tuned to reflect situations where the city's liability is clear.
"We already know (the policy) has been incredibly successful financially for us. Instead of paying out on every case, we're prevailing in almost every case," he said. "That still brings to the fore the question of what happens when there's clear liability. I have no interest when you get a creep like Chase, making a victim go through the rigors of proving liability."
Chase faces criminal charges but hasn't yet been tried.
A grand jury indicted Chase in June 2003 on sexual assault charges against Ramone and other women and in alleged beatings of others. But pretrial motions caused delays, and it is now set for Dec. 12 before Judge Denise Barela Shepherd.
Chase was fired after he was named in the 32-count criminal indictment.
Ramone has testified about her experience in a civil lawsuit by another alleged Chase victim in federal court, Cynthia Seeley, as well as in a criminal hearing before Shepherd in October.
In the summer of 2002, Ramone said, she was prostituting herself to pay for her motel room, food and necessities, and occasionally for crack cocaine. She said a police officer stopped the truck in which she was a passenger near Central and Washington, conducted a pat-down search after she exited and took her to a park near Gibson where he forced her to have sex. Several months later, the same thing happened.
Seeley, who also described being sexually assaulted by Chase, won a verdict of $943,380 at trial in a federal civil rights suit against the former officer, including more than $800,000 in punitive damages. The court later awarded the attorneys $150,000 in legal fees. The city has appealed the judgment to the 10th Circuit Court of Appeals.
Kennedy said the structure of Ramone's settlement will give her a modest monthly income. He said she is no longer working as a prostitute.
"She's grateful this ordeal is over in terms of the civil case and still looks for justice from the criminal justice system," he said.
City Attorney Bob White said the case was settled because the facts were "virtually identical to the case that was tried. ... The mayor, I think, understood that the jury had spoken."
Another civil lawsuit filed on behalf of a high school student who said he'd been hit in the forehead with a flashlight by Chase also was tried before a federal jury and resulted in a $10,000 judgment against the former officer.
At least two more suits are pending in state and federal courts.
White and Chávez said those will be evaluated to determine whether they should be settled as well.
Chávez said in civil lawsuits against defendants like Chase, who are covered by a contract, the city lacks legal discretion to confess liability without the employee's permission.
"That's had us scratching our heads," Chávez said. Since a jury had found liability in the earlier case, he said he felt free to authorize settlement in Ramone's lawsuit.
"What we're trying to figure out is where we agree it's a bad apple ... how we can confess liability and leave to the jury the amount of damages."
Even conceding damages, a capable plaintiff's lawyer will want the jury to hear about some of the wrongdoing to have context for the damages. And that, says Chávez, can be a slippery slope.
Still, he said, some tweaking is in order.
"We've brought the pendulum back," he said. "Now we want to find a solution where there is liability."
Kennedy, for his part, says he doesn't really care if the city won't settle police cases.
"It's to the trial lawyers' advantage," said Kennedy, a former state Supreme Court justice. "We make lots of money from the no-settlement policy. If the mayor wants to spend taxpayers' dollars that way, it's fine with me."
Wednesday, October 12, 2005
Ex-Cop Raises ID Issue In Case
Wednesday, October 12, 2005
By Scott Sandlin, Journal Staff Writer
An ex-cop accused of multiple assaults, sexual and otherwise, while on duty is raising questions about faulty police eyewitness identifications in the criminal case against him.
Christopher Chase contends bad eyewitness identifications resulting from poor techniques, including photo arrays, have been blamed for dozens of wrongful convictions nationwide.
Chase, 31, was charged in June 2003 by a Bernalillo County grand jury with 32 counts of criminal sexual penetration, battery, assault and kidnapping. The alleged incidents occurred while he was a uniformed officer in the Albuquerque Police Department.
But more than two years later, the criminal charges and four civil lawsuits remain up in the air. Chase, meanwhile, has been free on bond.
Chase is long gone from APD; he was fired in the wake of the investigation and resulting criminal case. But the city continues to pay his defense in the remaining civil lawsuits by the same alleged victims named in the criminal case.
Two civil suits have been resolved at trial in federal court. In one, the city paid $10,000 after a summary trial in favor of the plaintiff, who was a teenager at the time Chase allegedly hit him in the head with a flashlight.
In the other, a jury returned a $943,380 verdict against Chase to a woman who said she'd been raped by Chase. Chase repeatedly invoked his Fifth Amendment right not to testify in that case. The verdict, along with $150,000 in attorney fees awarded by the court, has been appealed.
Chase's criminal trial is set for Dec. 12 before Judge Denise Barela Shepherd. Chase has spent the better part of the past two weeks in state district court on pretrial issues raised in that case— primarily defense attorney Jacquelyn Robins' contention that her client was wrongfully identified during the police investigation.
Robins, citing a growing body of research, is calling into question what she claims are flawed photo array techniques used in identifying suspects. Robins plans to call Roy Malpass of the University of Texas at El Paso, a criminal justice expert in the field, to testify. The prosecution has requested that his testimony be excluded as confusing and unnecessary.
Lawyers in the federal lawsuit brought by alleged victim Kelly Ham make a similar argument. They say Ham was unable to identify Chase as the person who assaulted her "even when presented with defendant Chase in the courtroom."
Assistant District Attorney Michael Fricke countered that Chase's alleged victims "had many minutes or more to observe (him)," including one woman allegedly assaulted twice, each incident separated by five months.
Despite minor differences in the eyewitness descriptions, each provided similar characteristics, Fricke argued, saying it was a question for a jury to decide.
But Robins also has asked Shepherd to carve up the case into discrete groupings according to the date of the alleged incidents, and Chase's three city-paid civil attorneys want the same on the civil side.
"Chase will demonstrate that he will be prejudiced by a joint trial of all 32 counts and that the court must order separate trials," Robins said in a pleading.
The civil attorneys say evidence of alleged assaults against people other than the plaintiff can't be admitted because it is tenuous, prejudicial and cumulative.
Brad Hall, who represents plaintiffs in three pending federal cases set for separate trials starting in March, calls that argument "non-sensical."
"Chase has been adequately identified ... Detective Monte Curtis investigated the claims and identified Chase as the perpetrator ... If he was not the perpetrator, why did he 'take the Fifth'?" Hall said in the Ham case.
By Scott Sandlin, Journal Staff Writer
An ex-cop accused of multiple assaults, sexual and otherwise, while on duty is raising questions about faulty police eyewitness identifications in the criminal case against him.
Christopher Chase contends bad eyewitness identifications resulting from poor techniques, including photo arrays, have been blamed for dozens of wrongful convictions nationwide.
Chase, 31, was charged in June 2003 by a Bernalillo County grand jury with 32 counts of criminal sexual penetration, battery, assault and kidnapping. The alleged incidents occurred while he was a uniformed officer in the Albuquerque Police Department.
But more than two years later, the criminal charges and four civil lawsuits remain up in the air. Chase, meanwhile, has been free on bond.
Chase is long gone from APD; he was fired in the wake of the investigation and resulting criminal case. But the city continues to pay his defense in the remaining civil lawsuits by the same alleged victims named in the criminal case.
Two civil suits have been resolved at trial in federal court. In one, the city paid $10,000 after a summary trial in favor of the plaintiff, who was a teenager at the time Chase allegedly hit him in the head with a flashlight.
In the other, a jury returned a $943,380 verdict against Chase to a woman who said she'd been raped by Chase. Chase repeatedly invoked his Fifth Amendment right not to testify in that case. The verdict, along with $150,000 in attorney fees awarded by the court, has been appealed.
Chase's criminal trial is set for Dec. 12 before Judge Denise Barela Shepherd. Chase has spent the better part of the past two weeks in state district court on pretrial issues raised in that case— primarily defense attorney Jacquelyn Robins' contention that her client was wrongfully identified during the police investigation.
Robins, citing a growing body of research, is calling into question what she claims are flawed photo array techniques used in identifying suspects. Robins plans to call Roy Malpass of the University of Texas at El Paso, a criminal justice expert in the field, to testify. The prosecution has requested that his testimony be excluded as confusing and unnecessary.
Lawyers in the federal lawsuit brought by alleged victim Kelly Ham make a similar argument. They say Ham was unable to identify Chase as the person who assaulted her "even when presented with defendant Chase in the courtroom."
Assistant District Attorney Michael Fricke countered that Chase's alleged victims "had many minutes or more to observe (him)," including one woman allegedly assaulted twice, each incident separated by five months.
Despite minor differences in the eyewitness descriptions, each provided similar characteristics, Fricke argued, saying it was a question for a jury to decide.
But Robins also has asked Shepherd to carve up the case into discrete groupings according to the date of the alleged incidents, and Chase's three city-paid civil attorneys want the same on the civil side.
"Chase will demonstrate that he will be prejudiced by a joint trial of all 32 counts and that the court must order separate trials," Robins said in a pleading.
The civil attorneys say evidence of alleged assaults against people other than the plaintiff can't be admitted because it is tenuous, prejudicial and cumulative.
Brad Hall, who represents plaintiffs in three pending federal cases set for separate trials starting in March, calls that argument "non-sensical."
"Chase has been adequately identified ... Detective Monte Curtis investigated the claims and identified Chase as the perpetrator ... If he was not the perpetrator, why did he 'take the Fifth'?" Hall said in the Ham case.
Saturday, February 12, 2005
City To Pay $943,380 in APD Rape Lawsuit
By Scott Sandlin, Journal Staff Writer
The dry precision of numbers capped an emotional 31/2-day trial Friday as a federal jury returned a verdict in favor of a woman who said she was raped by a police officer nearly three years ago.
The numbers reached into the high six figures, and they had a dollar sign attached. The eight-person jury awarded $69,880 in compensatory damages and $873,500 in punitive damages to Cynthia Seeley for civil rights violations by former Albuquerque police officer Christopher Chase.
City taxpayers will foot the bill.
The jury, which included a Clayton psychologist, a Raton teacher and a Sandia Labs employee among its ranks, returned its verdict after deliberating about three hours. They found Chase liable for substantive due process violations of Seeley, and for battery, assault and false imprisonment.
Chase, 30, faces trial in April on the criminal side of that equation. A lengthy indictment handed down in June 2003 charges him with the rape of Seeley and rape, battery, false imprisonment and tampering with evidence in cases involving 10 other victims. Chase declined comment as he and his wife quickly departed the courtroom.
Chase has denied the allegations.
Attorney Josh Harris, who with Greg Biehler is defending Chase in the civil litigation, also declined comment.
Seeley, 38, whose mother and adult son had watched the proceedings, sobbed after the verdict was read but made no statement to reporters.
Attorney Mary Han, who with Paul Kennedy represented Seeley, said the verdict was "extremely vindicating" for their client. Han said just being able to testify was a big step for Seeley, whose difficult personal history includes substance abuse problems, criminal convictions for conspiracy to commit forgery and cocaine trafficking a decade ago, and sexual abuse when she was a child.
"All she could think when they came back with the verdict was 'Oh my God, they believed me,' '' Han said. "I think all the victims in this case had to go through an assault in cross-examination."
Taxpayers will not only pay the $943,380 tab, but attorney fees as well. That consists of fees to Han and Kennedy as the prevailing party in a civil rights action, and attorney fees to Harris and Biehler.
"Frankly, I think you can sleep very well with that verdict," Conway told the jury in discharging them.
There are more costs to come in defending four pending lawsuits against Chase brought by other alleged victims.
The city would have preferred to admit liability and have a trial solely on the issue of damages, City Attorney Bob White said late Friday. But that call was Chase's to make, he said, because the city has a duty under state law to indemnify officers, and Mayor Martin Chávez announced a policy early in his administration of not settling police misconduct cases.
"Under the circumstances, I think we all think it's a fair verdict," he said. "Certainly in my mind there was no question about liability, it was a question about damages."
He noted the city had taken action to deal with the situation by firing Chase "when we became aware of activities in which he was involved." And he said no matter what policy the city had in place, it was looking at having to pay substantial damages on behalf of the officer.
"The way the mayor looks at it, where liability exists, he is not uncomfortable with the community making a decision on how much the plaintiff is entitled to," White said.
Seeley testified that Chase was among the officers who responded to her apartment after a neighbor called about a loud verbal fight between her and her girlfriend. The two were separated, with the suggestion that one of them leave to cool off. She said Chase offered her a ride, but took her to a parking area behind Bennigan's restaurant on Louisiana, threw her onto the seat of his police car and raped her. Then, she said, he threw her out of the car, tossed her purse after her and left her to walk home.
Harris said Seeley lied and that Chase was a victim of the "no good deed goes unpunished" variety, because he'd offered Seeley a ride.
"Chris Chase faces prison because of Cynthia Seeley's lies," he said.
Kennedy noted that only one of Chase's alleged victims had self-reported their encounters with Chase, and said the defense had branded them all, including two high school girls, as criminals.
But he also reminded the jurors of an instruction that permitted them to assume when Chase invoked his Fifth Amendment right and refused to testify that anything he said would be unfavorable to his case.
The dry precision of numbers capped an emotional 31/2-day trial Friday as a federal jury returned a verdict in favor of a woman who said she was raped by a police officer nearly three years ago.
The numbers reached into the high six figures, and they had a dollar sign attached. The eight-person jury awarded $69,880 in compensatory damages and $873,500 in punitive damages to Cynthia Seeley for civil rights violations by former Albuquerque police officer Christopher Chase.
City taxpayers will foot the bill.
The jury, which included a Clayton psychologist, a Raton teacher and a Sandia Labs employee among its ranks, returned its verdict after deliberating about three hours. They found Chase liable for substantive due process violations of Seeley, and for battery, assault and false imprisonment.
Chase, 30, faces trial in April on the criminal side of that equation. A lengthy indictment handed down in June 2003 charges him with the rape of Seeley and rape, battery, false imprisonment and tampering with evidence in cases involving 10 other victims. Chase declined comment as he and his wife quickly departed the courtroom.
Chase has denied the allegations.
Attorney Josh Harris, who with Greg Biehler is defending Chase in the civil litigation, also declined comment.
Seeley, 38, whose mother and adult son had watched the proceedings, sobbed after the verdict was read but made no statement to reporters.
Attorney Mary Han, who with Paul Kennedy represented Seeley, said the verdict was "extremely vindicating" for their client. Han said just being able to testify was a big step for Seeley, whose difficult personal history includes substance abuse problems, criminal convictions for conspiracy to commit forgery and cocaine trafficking a decade ago, and sexual abuse when she was a child.
"All she could think when they came back with the verdict was 'Oh my God, they believed me,' '' Han said. "I think all the victims in this case had to go through an assault in cross-examination."
Taxpayers will not only pay the $943,380 tab, but attorney fees as well. That consists of fees to Han and Kennedy as the prevailing party in a civil rights action, and attorney fees to Harris and Biehler.
"Frankly, I think you can sleep very well with that verdict," Conway told the jury in discharging them.
There are more costs to come in defending four pending lawsuits against Chase brought by other alleged victims.
The city would have preferred to admit liability and have a trial solely on the issue of damages, City Attorney Bob White said late Friday. But that call was Chase's to make, he said, because the city has a duty under state law to indemnify officers, and Mayor Martin Chávez announced a policy early in his administration of not settling police misconduct cases.
"Under the circumstances, I think we all think it's a fair verdict," he said. "Certainly in my mind there was no question about liability, it was a question about damages."
He noted the city had taken action to deal with the situation by firing Chase "when we became aware of activities in which he was involved." And he said no matter what policy the city had in place, it was looking at having to pay substantial damages on behalf of the officer.
"The way the mayor looks at it, where liability exists, he is not uncomfortable with the community making a decision on how much the plaintiff is entitled to," White said.
Seeley testified that Chase was among the officers who responded to her apartment after a neighbor called about a loud verbal fight between her and her girlfriend. The two were separated, with the suggestion that one of them leave to cool off. She said Chase offered her a ride, but took her to a parking area behind Bennigan's restaurant on Louisiana, threw her onto the seat of his police car and raped her. Then, she said, he threw her out of the car, tossed her purse after her and left her to walk home.
Harris said Seeley lied and that Chase was a victim of the "no good deed goes unpunished" variety, because he'd offered Seeley a ride.
"Chris Chase faces prison because of Cynthia Seeley's lies," he said.
Kennedy noted that only one of Chase's alleged victims had self-reported their encounters with Chase, and said the defense had branded them all, including two high school girls, as criminals.
But he also reminded the jurors of an instruction that permitted them to assume when Chase invoked his Fifth Amendment right and refused to testify that anything he said would be unfavorable to his case.
Friday, February 11, 2005
Ex-Cop Sex Case May Go to Jury
By Scott Sandlin, Journal Staff Writer
Jurors should begin deliberating today in a civil lawsuit filed by a woman who claims she was raped by Christopher Chase in 2002 while he was an Albuquerque Police Department officer.
After dismissing the jury for the day, Senior U.S. District Judge John Edwards Conway said he would consider a motion by Paul Kennedy, attorney for plaintiff Cynthia Seeley, to grant judgment as a matter of law in the case.
Judgment as a matter of law is rarely granted, because it means that even giving the defense every benefit, the plaintiff has proved its case so thoroughly it need not go to the jury. But Conway hinted broadly he was considering it.
"I don't think it's a close call, I'll tell you that," he said.
Because the city indemnifies its officers, judgments against the city ultimately will come out of taxpayers' pockets. Chase was fired from APD in June 2003.
Both plaintiffs and the defense concluded the second day of testimony late Thursday. The day started with two more alleged victims, both high school students at the time, describing their encounter with a man in an APD uniform and police car the night of Jan. 17, 2003.
Michelle Gallegos and Kelly Ham, both of whom have filed separate civil lawsuits against Chase, described being stopped near La Cueva High School while in Ham's car, which was being driven by one of four boys with them.
The officer told them he was stopping the car on suspicion of drunken driving, but he summoned the girls separately to his car.
He molested Gallegos and forced Ham to lower her pants, they testified.
Although the girls didn't identify Chase as the offender in subsequent photo arrays, the boys identified Chase and aspects of his squad car, Detective Monte Curtis testified.
Defense attorney Gregory Biehler called witnesses including Chase's wife, Darla, to suggest that APD's investigation had been slipshod. He said APD settled upon Chase with insufficient identifying descriptors and without considering other officers or impersonators with similar physical characteristics.
Biehler also called the APD officer who responded to a second callout to the apartment Seeley was sharing with a girlfriend. The officer said Seeley, crying as she sat on a stairwell, initially said she'd been raped by an officer, but later changed her story to say she'd met a man in a bar and had sex with him in his car.
But the officer acknowledged that for the second version of the story to work, Seeley would have had to walk to the bar, meet the man, have sex and return to the apartment within 30 minutes.
Jurors should begin deliberating today in a civil lawsuit filed by a woman who claims she was raped by Christopher Chase in 2002 while he was an Albuquerque Police Department officer.
After dismissing the jury for the day, Senior U.S. District Judge John Edwards Conway said he would consider a motion by Paul Kennedy, attorney for plaintiff Cynthia Seeley, to grant judgment as a matter of law in the case.
Judgment as a matter of law is rarely granted, because it means that even giving the defense every benefit, the plaintiff has proved its case so thoroughly it need not go to the jury. But Conway hinted broadly he was considering it.
"I don't think it's a close call, I'll tell you that," he said.
Because the city indemnifies its officers, judgments against the city ultimately will come out of taxpayers' pockets. Chase was fired from APD in June 2003.
Both plaintiffs and the defense concluded the second day of testimony late Thursday. The day started with two more alleged victims, both high school students at the time, describing their encounter with a man in an APD uniform and police car the night of Jan. 17, 2003.
Michelle Gallegos and Kelly Ham, both of whom have filed separate civil lawsuits against Chase, described being stopped near La Cueva High School while in Ham's car, which was being driven by one of four boys with them.
The officer told them he was stopping the car on suspicion of drunken driving, but he summoned the girls separately to his car.
He molested Gallegos and forced Ham to lower her pants, they testified.
Although the girls didn't identify Chase as the offender in subsequent photo arrays, the boys identified Chase and aspects of his squad car, Detective Monte Curtis testified.
Defense attorney Gregory Biehler called witnesses including Chase's wife, Darla, to suggest that APD's investigation had been slipshod. He said APD settled upon Chase with insufficient identifying descriptors and without considering other officers or impersonators with similar physical characteristics.
Biehler also called the APD officer who responded to a second callout to the apartment Seeley was sharing with a girlfriend. The officer said Seeley, crying as she sat on a stairwell, initially said she'd been raped by an officer, but later changed her story to say she'd met a man in a bar and had sex with him in his car.
But the officer acknowledged that for the second version of the story to work, Seeley would have had to walk to the bar, meet the man, have sex and return to the apartment within 30 minutes.
Thursday, February 10, 2005
Fired APD Cop Takes the 5th in Sex Assault Case
By Scott Sandlin, Journal Staff Writer
Christopher Chase, the former police officer accused of using his position of authority to sexually assault a number of women, invoked his Fifth Amendment right not to testify dozens of times Wednesday in federal court.
Chase, a fresh-faced, clean-cut 30-year-old, was fired from the Albuquerque Police Department after a lengthy criminal indictment was returned in state court in June 2003. It charges him with criminal sexual penetration, criminal sexual contact, kidnapping and tampering with evidence.
The criminal case has yet to go to trial.
But testimony Wednesday before Senior U.S. District Judge John Edwards Conway in a civil lawsuit by Cynthia Seeley had all the hallmarks of a criminal proceeding.
Seeley, who claims she was raped by Chase on Feb. 19, 2002, is seeking monetary damages. But other alleged victims and the police officers who investigated the case have been subpoenaed as witnesses.
On the witness stand, Chase answered some questions, like how old he was and whether he was fired by APD. He invoked his right not to incriminate himself when questioned about the allegations.
Three women who claim to have been assaulted by Chase did testify Wednesday and more are scheduled for today.
'I wanted them out'
Seeley, 38, testified that police had shown up to the Warren Coronado efficiency apartment she shared with a girlfriend after the couple's drinking spiraled into a quarrel so loud that neighbors called police. Because the fight was verbal rather than physically violent, officers suggested one of them leave the home to cool down.
Seeley did. She said Chase offered her a ride, only to take her to an alley a couple of blocks away and rape her in his squad car. He then threw her purse after her and drove off.
She walked back to her apartment, where her girlfriend insisted on calling police against Seeley's wishes after Seeley told her what had happened, she testified.
Seeley said that because she had failed to report to her probation officer and knew there was a warrant for her arrest, she was fearful of being arrested. So when police arrived a second time, she initially told them about the rape, but then took a woman officer aside and told her it wasn't true.
"I wanted them out," she said, crying as she testified. "I didn't want them asking questions."
She didn't reveal the assault until later, when she was undergoing an assessment at the women's prison in Grants and APD officers showed up to ask her about Chase. Seeley, who was convicted for conspiracy to commit forgery and trafficking in cocaine in the mid-1990s, eventually landed in a special program for women and has been involved in counseling for substance abuse.
A Las Cruces psychologist and former New Mexico State University professor who examined her in connection with the litigation, Elaine LeVine, said Seeley needs years more of intensive therapy for post-traumatic stress disorder and a major depressive disorder. She said the suspected rape exacerbated damage done by childhood trauma, including sexual abuse.
Two others testify
Also testifying Wednesday was Mitsey Ramone, a prostitute who said her previous numerous encounters with police had been straightforward until Chase twice pulled her over in 2001. Ramone said Chase took her to a solitary location off Gibson Boulevard and raped her. She said a second time he took her to Bullhead Park.
Ramone, too, lapsed into tears under cross-examination by defense attorney Gregory Biehler, who quizzed her about dates, her failure to report the incidents and the accuracy of her identification of Chase, given her admittedly poor eyesight.
"The point is I know who it is," she snapped back at one point. "I recognize people I come across, especially if they rape me."
Veronica Edwell, 29, a married mother of three and customer service employee for a medical company, told a similar story. She testified she had gone to a bar parking lot on Montgomery to see if her husband needed a ride home when she was stopped by an officer she later learned was Chase.
Edwell said the officer accused her of driving drunk, though she said she wasn't, and let her go. After circling the parking lot without seeing her husband's pickup, she was returning home when Chase again pulled her over.
Edwell said Chase asked her if she had any drugs or weapons and told her to get out of her vehicle and put her hands up on the side of it.
"He started checking me," she said. "When he got to my breasts, he said 'Do you have piercings?'" She said yes, and said that he asked "what I was going to do to get out of this DWI."
Edwell testified Chase pulled down her blouse and fondled her, but told her he wouldn't hurt her.
The investigation of Chase was launched after Edwell was pulled over on a speeding violation by another officer a few weeks later. She was so fearful that she would only crack the window to give the officer her license, and told the officer her trepidation was prompted by an assault by another officer. She was later contacted by an APD detective, she said.
Christopher Chase, the former police officer accused of using his position of authority to sexually assault a number of women, invoked his Fifth Amendment right not to testify dozens of times Wednesday in federal court.
Chase, a fresh-faced, clean-cut 30-year-old, was fired from the Albuquerque Police Department after a lengthy criminal indictment was returned in state court in June 2003. It charges him with criminal sexual penetration, criminal sexual contact, kidnapping and tampering with evidence.
The criminal case has yet to go to trial.
But testimony Wednesday before Senior U.S. District Judge John Edwards Conway in a civil lawsuit by Cynthia Seeley had all the hallmarks of a criminal proceeding.
Seeley, who claims she was raped by Chase on Feb. 19, 2002, is seeking monetary damages. But other alleged victims and the police officers who investigated the case have been subpoenaed as witnesses.
On the witness stand, Chase answered some questions, like how old he was and whether he was fired by APD. He invoked his right not to incriminate himself when questioned about the allegations.
Three women who claim to have been assaulted by Chase did testify Wednesday and more are scheduled for today.
'I wanted them out'
Seeley, 38, testified that police had shown up to the Warren Coronado efficiency apartment she shared with a girlfriend after the couple's drinking spiraled into a quarrel so loud that neighbors called police. Because the fight was verbal rather than physically violent, officers suggested one of them leave the home to cool down.
Seeley did. She said Chase offered her a ride, only to take her to an alley a couple of blocks away and rape her in his squad car. He then threw her purse after her and drove off.
She walked back to her apartment, where her girlfriend insisted on calling police against Seeley's wishes after Seeley told her what had happened, she testified.
Seeley said that because she had failed to report to her probation officer and knew there was a warrant for her arrest, she was fearful of being arrested. So when police arrived a second time, she initially told them about the rape, but then took a woman officer aside and told her it wasn't true.
"I wanted them out," she said, crying as she testified. "I didn't want them asking questions."
She didn't reveal the assault until later, when she was undergoing an assessment at the women's prison in Grants and APD officers showed up to ask her about Chase. Seeley, who was convicted for conspiracy to commit forgery and trafficking in cocaine in the mid-1990s, eventually landed in a special program for women and has been involved in counseling for substance abuse.
A Las Cruces psychologist and former New Mexico State University professor who examined her in connection with the litigation, Elaine LeVine, said Seeley needs years more of intensive therapy for post-traumatic stress disorder and a major depressive disorder. She said the suspected rape exacerbated damage done by childhood trauma, including sexual abuse.
Two others testify
Also testifying Wednesday was Mitsey Ramone, a prostitute who said her previous numerous encounters with police had been straightforward until Chase twice pulled her over in 2001. Ramone said Chase took her to a solitary location off Gibson Boulevard and raped her. She said a second time he took her to Bullhead Park.
Ramone, too, lapsed into tears under cross-examination by defense attorney Gregory Biehler, who quizzed her about dates, her failure to report the incidents and the accuracy of her identification of Chase, given her admittedly poor eyesight.
"The point is I know who it is," she snapped back at one point. "I recognize people I come across, especially if they rape me."
Veronica Edwell, 29, a married mother of three and customer service employee for a medical company, told a similar story. She testified she had gone to a bar parking lot on Montgomery to see if her husband needed a ride home when she was stopped by an officer she later learned was Chase.
Edwell said the officer accused her of driving drunk, though she said she wasn't, and let her go. After circling the parking lot without seeing her husband's pickup, she was returning home when Chase again pulled her over.
Edwell said Chase asked her if she had any drugs or weapons and told her to get out of her vehicle and put her hands up on the side of it.
"He started checking me," she said. "When he got to my breasts, he said 'Do you have piercings?'" She said yes, and said that he asked "what I was going to do to get out of this DWI."
Edwell testified Chase pulled down her blouse and fondled her, but told her he wouldn't hurt her.
The investigation of Chase was launched after Edwell was pulled over on a speeding violation by another officer a few weeks later. She was so fearful that she would only crack the window to give the officer her license, and told the officer her trepidation was prompted by an assault by another officer. She was later contacted by an APD detective, she said.
Fired APD Cop Takes the 5th in Sex Assault Case
By Scott Sandlin, Journal Staff Writer
Christopher Chase, the former police officer accused of using his position of authority to sexually assault a number of women, invoked his Fifth Amendment right not to testify dozens of times Wednesday in federal court.
Chase, a fresh-faced, clean-cut 30-year-old, was fired from the Albuquerque Police Department after a lengthy criminal indictment was returned in state court in June 2003. It charges him with criminal sexual penetration, criminal sexual contact, kidnapping and tampering with evidence.
The criminal case has yet to go to trial.
But testimony Wednesday before Senior U.S. District Judge John Edwards Conway in a civil lawsuit by Cynthia Seeley had all the hallmarks of a criminal proceeding.
Seeley, who claims she was raped by Chase on Feb. 19, 2002, is seeking monetary damages. But other alleged victims and the police officers who investigated the case have been subpoenaed as witnesses.
On the witness stand, Chase answered some questions, like how old he was and whether he was fired by APD. He invoked his right not to incriminate himself when questioned about the allegations.
Three women who claim to have been assaulted by Chase did testify Wednesday and more are scheduled for today.
'I wanted them out'
Seeley, 38, testified that police had shown up to the Warren Coronado efficiency apartment she shared with a girlfriend after the couple's drinking spiraled into a quarrel so loud that neighbors called police. Because the fight was verbal rather than physically violent, officers suggested one of them leave the home to cool down.
Seeley did. She said Chase offered her a ride, only to take her to an alley a couple of blocks away and rape her in his squad car. He then threw her purse after her and drove off.
She walked back to her apartment, where her girlfriend insisted on calling police against Seeley's wishes after Seeley told her what had happened, she testified.
Seeley said that because she had failed to report to her probation officer and knew there was a warrant for her arrest, she was fearful of being arrested. So when police arrived a second time, she initially told them about the rape, but then took a woman officer aside and told her it wasn't true.
"I wanted them out," she said, crying as she testified. "I didn't want them asking questions."
She didn't reveal the assault until later, when she was undergoing an assessment at the women's prison in Grants and APD officers showed up to ask her about Chase. Seeley, who was convicted for conspiracy to commit forgery and trafficking in cocaine in the mid-1990s, eventually landed in a special program for women and has been involved in counseling for substance abuse.
A Las Cruces psychologist and former New Mexico State University professor who examined her in connection with the litigation, Elaine LeVine, said Seeley needs years more of intensive therapy for post-traumatic stress disorder and a major depressive disorder. She said the suspected rape exacerbated damage done by childhood trauma, including sexual abuse.
Two others testify
Also testifying Wednesday was Mitsey Ramone, a prostitute who said her previous numerous encounters with police had been straightforward until Chase twice pulled her over in 2001. Ramone said Chase took her to a solitary location off Gibson Boulevard and raped her. She said a second time he took her to Bullhead Park.
Ramone, too, lapsed into tears under cross-examination by defense attorney Gregory Biehler, who quizzed her about dates, her failure to report the incidents and the accuracy of her identification of Chase, given her admittedly poor eyesight.
"The point is I know who it is," she snapped back at one point. "I recognize people I come across, especially if they rape me."
Veronica Edwell, 29, a married mother of three and customer service employee for a medical company, told a similar story. She testified she had gone to a bar parking lot on Montgomery to see if her husband needed a ride home when she was stopped by an officer she later learned was Chase.
Edwell said the officer accused her of driving drunk, though she said she wasn't, and let her go. After circling the parking lot without seeing her husband's pickup, she was returning home when Chase again pulled her over.
Edwell said Chase asked her if she had any drugs or weapons and told her to get out of her vehicle and put her hands up on the side of it.
"He started checking me," she said. "When he got to my breasts, he said 'Do you have piercings?'" She said yes, and said that he asked "what I was going to do to get out of this DWI."
Edwell testified Chase pulled down her blouse and fondled her, but told her he wouldn't hurt her.
The investigation of Chase was launched after Edwell was pulled over on a speeding violation by another officer a few weeks later. She was so fearful that she would only crack the window to give the officer her license, and told the officer her trepidation was prompted by an assault by another officer. She was later contacted by an APD detective, she said.
Christopher Chase, the former police officer accused of using his position of authority to sexually assault a number of women, invoked his Fifth Amendment right not to testify dozens of times Wednesday in federal court.
Chase, a fresh-faced, clean-cut 30-year-old, was fired from the Albuquerque Police Department after a lengthy criminal indictment was returned in state court in June 2003. It charges him with criminal sexual penetration, criminal sexual contact, kidnapping and tampering with evidence.
The criminal case has yet to go to trial.
But testimony Wednesday before Senior U.S. District Judge John Edwards Conway in a civil lawsuit by Cynthia Seeley had all the hallmarks of a criminal proceeding.
Seeley, who claims she was raped by Chase on Feb. 19, 2002, is seeking monetary damages. But other alleged victims and the police officers who investigated the case have been subpoenaed as witnesses.
On the witness stand, Chase answered some questions, like how old he was and whether he was fired by APD. He invoked his right not to incriminate himself when questioned about the allegations.
Three women who claim to have been assaulted by Chase did testify Wednesday and more are scheduled for today.
'I wanted them out'
Seeley, 38, testified that police had shown up to the Warren Coronado efficiency apartment she shared with a girlfriend after the couple's drinking spiraled into a quarrel so loud that neighbors called police. Because the fight was verbal rather than physically violent, officers suggested one of them leave the home to cool down.
Seeley did. She said Chase offered her a ride, only to take her to an alley a couple of blocks away and rape her in his squad car. He then threw her purse after her and drove off.
She walked back to her apartment, where her girlfriend insisted on calling police against Seeley's wishes after Seeley told her what had happened, she testified.
Seeley said that because she had failed to report to her probation officer and knew there was a warrant for her arrest, she was fearful of being arrested. So when police arrived a second time, she initially told them about the rape, but then took a woman officer aside and told her it wasn't true.
"I wanted them out," she said, crying as she testified. "I didn't want them asking questions."
She didn't reveal the assault until later, when she was undergoing an assessment at the women's prison in Grants and APD officers showed up to ask her about Chase. Seeley, who was convicted for conspiracy to commit forgery and trafficking in cocaine in the mid-1990s, eventually landed in a special program for women and has been involved in counseling for substance abuse.
A Las Cruces psychologist and former New Mexico State University professor who examined her in connection with the litigation, Elaine LeVine, said Seeley needs years more of intensive therapy for post-traumatic stress disorder and a major depressive disorder. She said the suspected rape exacerbated damage done by childhood trauma, including sexual abuse.
Two others testify
Also testifying Wednesday was Mitsey Ramone, a prostitute who said her previous numerous encounters with police had been straightforward until Chase twice pulled her over in 2001. Ramone said Chase took her to a solitary location off Gibson Boulevard and raped her. She said a second time he took her to Bullhead Park.
Ramone, too, lapsed into tears under cross-examination by defense attorney Gregory Biehler, who quizzed her about dates, her failure to report the incidents and the accuracy of her identification of Chase, given her admittedly poor eyesight.
"The point is I know who it is," she snapped back at one point. "I recognize people I come across, especially if they rape me."
Veronica Edwell, 29, a married mother of three and customer service employee for a medical company, told a similar story. She testified she had gone to a bar parking lot on Montgomery to see if her husband needed a ride home when she was stopped by an officer she later learned was Chase.
Edwell said the officer accused her of driving drunk, though she said she wasn't, and let her go. After circling the parking lot without seeing her husband's pickup, she was returning home when Chase again pulled her over.
Edwell said Chase asked her if she had any drugs or weapons and told her to get out of her vehicle and put her hands up on the side of it.
"He started checking me," she said. "When he got to my breasts, he said 'Do you have piercings?'" She said yes, and said that he asked "what I was going to do to get out of this DWI."
Edwell testified Chase pulled down her blouse and fondled her, but told her he wouldn't hurt her.
The investigation of Chase was launched after Edwell was pulled over on a speeding violation by another officer a few weeks later. She was so fearful that she would only crack the window to give the officer her license, and told the officer her trepidation was prompted by an assault by another officer. She was later contacted by an APD detective, she said.
Thursday, January 13, 2005
Former APD Officer Facing Lawsuits in Suspected Assaults
By Scott Sandlin, Journal Staff Writer
The alleged criminal conduct of an accused rogue cop is testing Mayor Martin Chávez's policy of refusing to settle any lawsuits against the police department.
Chávez has steadfastly defended his policy of refusing to settle police cases.
But it hasn't stopped civil rights attorneys from filing lawsuits against former Albuquerque police officer Christopher Chase, 28, who has yet to be tried on criminal charges he stopped, harassed and in some cases raped a succession of motorists while on duty.
Chase was fired by APD after being named in a 32-count indictment with criminal sexual penetration and criminal sexual contact, kidnapping, false imprisonment, assault, battery and tampering with evidence in June 2003.
Two civil suits were filed this week by attorneys Brad Hall and Frances Crockett on behalf of young women who claim they were sexually assaulted by Chase.
Hall already has taken one case to trial in federal court on behalf of a male high school student related to a top APD official and won $17,000 plus attorney fees.
Cynthia Seeley's lawsuit, filed by attorneys Paul Kennedy and Mary Han, is set for trial next month in federal court.
But Chase's attorneys are seeking to delay the civil case until the criminal matter is resolved. Chase's criminal trial is scheduled for March, but the Supreme Court has granted a trial extension until mid-July.
"By asserting his Fifth Amendment rights, (Chase) has been, essentially, unable to defend himself in the civil case," Greg Biehler, Chase's attorney in the Seeley lawsuit, said in seeking a trial delay from the federal court.
Biehler said in the absence of direct evidence, the case will come down to a test of credibility, and he says there is reason to suspect Seeley's.
"So long as the criminal trial is looming, defendant must assert his Fifth Amendment right in this case so that his defense in the criminal trial is not jeopardized," Biehler said.
Han and Kennedy say in a written response that while the city has a right not to settle civil rights cases, "its citizens have the right to proceed to trial in these cases in an expeditious manner."
"Cynthia Seeley has waited long enough. Whether the criminal case needs to be delayed for whatever reason, she's entitled to her day in court," Han said Wednesday.
In their written response, they note Chase, rather than asking for a delay at the outset, has "extracted every possible advantage via discovery and motions." They contend he has vigorously pursued information from Seeley while declining to provide any himself.
And they say their client has a significant personal interest in avoiding further psychological harm by bringing closure to the ordeal.
According to court records, Seeley alleges Chase responded to a domestic violence call, diverted Seeley as she left the home to "cool off," forced her into the back of his patrol car, drove to an alley behind a Northeast Heights hotel and raped her.
Plaintiffs in the new lawsuits make similar allegations.
Veronica Edwell claims that in January 2003, Chase took her into custody in his police car, handcuffed her, threatened her with sexual assault and fondled her.
It was because of Edwell that Chase's alleged misconduct came to light, the suit says. Weeks later she was stopped for a traffic violation by a different APD officer and would not roll down her car window more than two inches because of fear from the encounter with Chase, the suit says.
Kelly M. Ham alleges in a complaint that she was stopped on Jan. 17, 2003, while she was a passenger in a car being driven by a male friend.
Although no traffic violation occurred, Chase stopped the car near La Cueva High School and ordered two female occupants into the police car for a search, the lawsuit claims.
The alleged criminal conduct of an accused rogue cop is testing Mayor Martin Chávez's policy of refusing to settle any lawsuits against the police department.
Chávez has steadfastly defended his policy of refusing to settle police cases.
But it hasn't stopped civil rights attorneys from filing lawsuits against former Albuquerque police officer Christopher Chase, 28, who has yet to be tried on criminal charges he stopped, harassed and in some cases raped a succession of motorists while on duty.
Chase was fired by APD after being named in a 32-count indictment with criminal sexual penetration and criminal sexual contact, kidnapping, false imprisonment, assault, battery and tampering with evidence in June 2003.
Two civil suits were filed this week by attorneys Brad Hall and Frances Crockett on behalf of young women who claim they were sexually assaulted by Chase.
Hall already has taken one case to trial in federal court on behalf of a male high school student related to a top APD official and won $17,000 plus attorney fees.
Cynthia Seeley's lawsuit, filed by attorneys Paul Kennedy and Mary Han, is set for trial next month in federal court.
But Chase's attorneys are seeking to delay the civil case until the criminal matter is resolved. Chase's criminal trial is scheduled for March, but the Supreme Court has granted a trial extension until mid-July.
"By asserting his Fifth Amendment rights, (Chase) has been, essentially, unable to defend himself in the civil case," Greg Biehler, Chase's attorney in the Seeley lawsuit, said in seeking a trial delay from the federal court.
Biehler said in the absence of direct evidence, the case will come down to a test of credibility, and he says there is reason to suspect Seeley's.
"So long as the criminal trial is looming, defendant must assert his Fifth Amendment right in this case so that his defense in the criminal trial is not jeopardized," Biehler said.
Han and Kennedy say in a written response that while the city has a right not to settle civil rights cases, "its citizens have the right to proceed to trial in these cases in an expeditious manner."
"Cynthia Seeley has waited long enough. Whether the criminal case needs to be delayed for whatever reason, she's entitled to her day in court," Han said Wednesday.
In their written response, they note Chase, rather than asking for a delay at the outset, has "extracted every possible advantage via discovery and motions." They contend he has vigorously pursued information from Seeley while declining to provide any himself.
And they say their client has a significant personal interest in avoiding further psychological harm by bringing closure to the ordeal.
According to court records, Seeley alleges Chase responded to a domestic violence call, diverted Seeley as she left the home to "cool off," forced her into the back of his patrol car, drove to an alley behind a Northeast Heights hotel and raped her.
Plaintiffs in the new lawsuits make similar allegations.
Veronica Edwell claims that in January 2003, Chase took her into custody in his police car, handcuffed her, threatened her with sexual assault and fondled her.
It was because of Edwell that Chase's alleged misconduct came to light, the suit says. Weeks later she was stopped for a traffic violation by a different APD officer and would not roll down her car window more than two inches because of fear from the encounter with Chase, the suit says.
Kelly M. Ham alleges in a complaint that she was stopped on Jan. 17, 2003, while she was a passenger in a car being driven by a male friend.
Although no traffic violation occurred, Chase stopped the car near La Cueva High School and ordered two female occupants into the police car for a search, the lawsuit claims.
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, February 7, 2004
Suits Say Ex-APD Officer A Rapist
By Scott Sandlin, Journal Staff Writer
Albuquerque police officer Christopher Chase was fired in 2003 after allegations of rapes and beatings while on duty led to his indictment on criminal charges.
As of this week, three civil lawsuits also have been filed against Chase or the Albuquerque Police Department. One lawsuit claims APD hired Chase even though he failed a psychological exam.
Mitsey Ramone, who accused Chase of sexually assaulting her, contends in a lawsuit that APD was negligent in hiring and keeping Chase, who "appears to be a serial rapist." The suit compares Chase to "an unchained vicious animal" who preyed upon women.
In answers filed by the contract attorney defending two of the civil cases, Chase and APD deny the claims.
A state District Court grand jury indicted Chase, 29, in June on 32 counts of criminal sexual penetration, battery and tampering with evidence. The criminal case involves allegations by 11 individuals of both sexes, some claiming they were beat up and others that they were sexually assaulted between September 2001 and January 2003.
The criminal case against Chase is awaiting trial in state District Court, where it is assigned to Judge Denise Barela Shepherd.
Ramone's civil lawsuit was filed in September by the Blake Law Firm and attorney Raul Lopez. It claims Chase failed a psychological test administered in conjunction with the APD selection process.
Ramone's claims stem from the Sept. 9, 2001, stop of a car in which she was the passenger. She says she was forced to perform sexual acts on Chase, after which he told Ramone to use sanitizing hand wash he had in his police unit.
The latest civil lawsuit was filed this week in U.S. District Court by Mary Han and Paul Kennedy on behalf of Cynthia Seeley, who also claims she was sexually assaulted by Chase.
Seeley and another woman were in a fight at an apartment in February 2002 when one of the women called police and Chase and other officers responded, the suit says.
Chase told them one needed to leave and "cool off," and Seeley did, the suit says. It says he then detoured Seeley into the back seat of his patrol car, drove down a deserted alley after midnight near the Marriott on Louisiana and took off his equipment belt, forced her to bend over the back seat and raped her.
Chase allegedly then drove away leaving her "alone and crying in the dark, deserted alley."
The suit seeks unspecified compensatory and punitive damages for excessive force and violations of Seeley's rights to due process and against unreasonable search and seizure.
In a lawsuit filed in state court by attorney Brad Hall, La Cueva High School student Matthew M. Bauer, 17, alleges that he was "inexplicably detained ... searched (and) terrorized" by Chase, who Bauer also says threatened to kill him.
Hall takes aim in the suit at Mayor Martin Chávez's policy of refusing to settle any lawsuits against police in the allegations.
"APD agency investigative machinery eventually identified defendant and relieved (him) from duty," the suit says. "Although plaintiff would rather settle this case, and although this case is one that could and should settle, the city currently maintains an official policy of bringing all police cases to trial. Hence this lawsuit and the need for the taxpayers to pay private attorney's fees to litigate a case normally handled by professional risk managers."
Because Bauer is related to a high-ranking APD official— he's the nephew of Public Safety Director Nick Bakas— he didn't run away when a police officer approached him and other teens near the Sportsplex in September 2002, according to the suit.
Bauer was standing by his car with about 10 La Cueva High School students who were talking and listening to music at about 10 p.m. when the police car approached on a dirt trail with its spotlight on and emergency lights flashing, Bauer's suit says.
"All other teens scattered on foot or in their cars," the suit says. "(Bauer's) passenger, the son of a city councilor, ran into an open field and hid."
Bauer responded to an order to get on his knees with his hands on his head and answered questions, then watched Chase search his wallet and car without a warrant and tell him to "get the (expletive) home," the suit says.
Bauer's friend, Brock Winter, called Bauer on his cell phone to pick him up and Chase was doing so, still in the Sportsplex area, when Chase again stopped him, shone a flashlight in his face and, when Bauer attempted to explain he was getting his friend, struck him in the center of his forehead with the flashlight, according to the suit.
After talking with his mother and uncle, Bauer was seen by a paramedic, reported the incident to police and gave a statement to Internal Affairs in an effort to identify the officer, the suit says.
Albuquerque police officer Christopher Chase was fired in 2003 after allegations of rapes and beatings while on duty led to his indictment on criminal charges.
As of this week, three civil lawsuits also have been filed against Chase or the Albuquerque Police Department. One lawsuit claims APD hired Chase even though he failed a psychological exam.
Mitsey Ramone, who accused Chase of sexually assaulting her, contends in a lawsuit that APD was negligent in hiring and keeping Chase, who "appears to be a serial rapist." The suit compares Chase to "an unchained vicious animal" who preyed upon women.
In answers filed by the contract attorney defending two of the civil cases, Chase and APD deny the claims.
A state District Court grand jury indicted Chase, 29, in June on 32 counts of criminal sexual penetration, battery and tampering with evidence. The criminal case involves allegations by 11 individuals of both sexes, some claiming they were beat up and others that they were sexually assaulted between September 2001 and January 2003.
The criminal case against Chase is awaiting trial in state District Court, where it is assigned to Judge Denise Barela Shepherd.
Ramone's civil lawsuit was filed in September by the Blake Law Firm and attorney Raul Lopez. It claims Chase failed a psychological test administered in conjunction with the APD selection process.
Ramone's claims stem from the Sept. 9, 2001, stop of a car in which she was the passenger. She says she was forced to perform sexual acts on Chase, after which he told Ramone to use sanitizing hand wash he had in his police unit.
The latest civil lawsuit was filed this week in U.S. District Court by Mary Han and Paul Kennedy on behalf of Cynthia Seeley, who also claims she was sexually assaulted by Chase.
Seeley and another woman were in a fight at an apartment in February 2002 when one of the women called police and Chase and other officers responded, the suit says.
Chase told them one needed to leave and "cool off," and Seeley did, the suit says. It says he then detoured Seeley into the back seat of his patrol car, drove down a deserted alley after midnight near the Marriott on Louisiana and took off his equipment belt, forced her to bend over the back seat and raped her.
Chase allegedly then drove away leaving her "alone and crying in the dark, deserted alley."
The suit seeks unspecified compensatory and punitive damages for excessive force and violations of Seeley's rights to due process and against unreasonable search and seizure.
In a lawsuit filed in state court by attorney Brad Hall, La Cueva High School student Matthew M. Bauer, 17, alleges that he was "inexplicably detained ... searched (and) terrorized" by Chase, who Bauer also says threatened to kill him.
Hall takes aim in the suit at Mayor Martin Chávez's policy of refusing to settle any lawsuits against police in the allegations.
"APD agency investigative machinery eventually identified defendant and relieved (him) from duty," the suit says. "Although plaintiff would rather settle this case, and although this case is one that could and should settle, the city currently maintains an official policy of bringing all police cases to trial. Hence this lawsuit and the need for the taxpayers to pay private attorney's fees to litigate a case normally handled by professional risk managers."
Because Bauer is related to a high-ranking APD official— he's the nephew of Public Safety Director Nick Bakas— he didn't run away when a police officer approached him and other teens near the Sportsplex in September 2002, according to the suit.
Bauer was standing by his car with about 10 La Cueva High School students who were talking and listening to music at about 10 p.m. when the police car approached on a dirt trail with its spotlight on and emergency lights flashing, Bauer's suit says.
"All other teens scattered on foot or in their cars," the suit says. "(Bauer's) passenger, the son of a city councilor, ran into an open field and hid."
Bauer responded to an order to get on his knees with his hands on his head and answered questions, then watched Chase search his wallet and car without a warrant and tell him to "get the (expletive) home," the suit says.
Bauer's friend, Brock Winter, called Bauer on his cell phone to pick him up and Chase was doing so, still in the Sportsplex area, when Chase again stopped him, shone a flashlight in his face and, when Bauer attempted to explain he was getting his friend, struck him in the center of his forehead with the flashlight, according to the suit.
After talking with his mother and uncle, Bauer was seen by a paramedic, reported the incident to police and gave a statement to Internal Affairs in an effort to identify the officer, the suit says.
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