By T.J. Wilham, Albuquerque Journal Staff Writer
An Albuquerque police officer accused of raping a female suspect has resigned.
Officer David Maes, 28, was placed on paid administrative leave two months ago following his Oct. 11 arrest on charges of criminal sexual penetration in connection with the sexual assault of an inmate he was transporting.
Maes has not been indicted by a grand jury.
Police Chief Ray Schultz said Tuesday his investigators had just completed a criminal investigation into the incident and were starting an internal inquiry when Maes resigned.
Schultz said Maes likely would have been fired if he hadn't quit.
"It was the right thing for him to do," Schultz said. "His biggest concern at this point is the criminal investigation."
According to court records, Maes was arrested six days after a woman told Metropolitan Detention Center officers that she had been raped by Maes while en route to jail.
The woman had been arrested after a stolen car she was riding in was involved in a crash.
While detectives were questioning the woman, she complained her vision was blurry and was taken to Lovelace Hospital for treatment.
Maes was assigned to guard her and transport her to jail once she received treatment. While at the hospital, Maes allegedly sexually assaulted the woman in an exam area and then assaulted her again when he stopped at a baseball field before taking her to jail, according to court records.
Maes had been an Albuquerque police officer since Jan. 22, 2005.Cr
Showing posts with label Police Rape. Show all posts
Showing posts with label Police Rape. Show all posts
Wednesday, December 12, 2007
Thursday, November 15, 2007
Assault Alleged at Hospital
By T.J. Wilham, Journal Staff Writer
A woman who has accused an Albuquerque police officer of raping her while she was in custody says he assaulted her at the hospital while she waited to be treated by doctors, according to documents unsealed Wednesday.
She said he later drove her to a baseball field, where he assaulted her twice more before taking her to jail.
Patrol officer David Maes, 28, was arrested Oct. 11, six days after the woman told correctional officers that she had been raped by Maes while he was transporting her to jail, police said.
"We have not unfounded or discounted her claims at this point," Police Chief Ray Schultz said Wednesday. "We are continuing our investigation."
He said his investigators have obtained video surveillance taken from the hospital that supports some of the woman's claims. The woman was at the hospital for possible injuries after being in a car crash.
Maes, who has been with the Police Department for two years, has been charged with criminal sexual penetration. He was released from the Metropolitan Detention Center the day after his arrest, after he posted $200,000 bail.
He remains on paid administrative leave.
As part of the criminal investigation, Maes' DNA is being compared with samples taken from the woman.
At the time of his arrest, a warrant detailing the allegations against Maes was sealed. On Wednesday, the District Attorney's Office agreed that the documents could be unsealed after a request from the Journal, KOAT-TV and KRQE-TV. Judge Denise Barela Shepherd signed an order unsealing the documents.
According to those documents:
On Oct. 4, the woman was riding in a stolen car that was involved in a crash at San Mateo and Gibson SE.
After the collision, the passengers in the stolen car ran away. Police caught the woman, arrested her and took her into custody for questioning.
While auto theft detectives questioned her, she complained that her vision was blurry. An ambulance was called, and she was taken Downtown to Lovelace Hospital for treatment.
While she waited for physicians, Maes was called to watch her at the hospital.
The woman claims that while Maes was watching her, he "immediately started making nasty and rude gestures to her."
"I didn't know to take him seriously," the woman told investigators. "He's an officer that has authority over me. After a while, I realized he wasn't playing no more, then it started to get a little bit scary."
At one point he told the woman that he wanted her to perform oral sex on him.
Maes pulled a privacy curtain shut, exposed himself, and performed a sex act on her, the woman claimed.
After the woman was treated at the hospital, Maes took the woman to her home so she could change clothes, she told investigators.
Doing so would be a direct violation of APD policies, Schultz said Wednesday.
"A prisoner is supposed to go to one place, and that is either the transport center or the jail," Schultz said.
According to documents, Maes then drove the woman to a baseball field near Locust and Odelia, where he sexually assaulted her twice outside his police cruiser, she told police.
Afterward, Maes drove back to the hospital. Once he was in front of the building, he radioed a dispatcher, said he was transporting a prisoner and gave his mileage.
Officers routinely call out when they are transporting prisoners to avoid false accusations such as sexual assaults or brutality claims.
Schultz said that he will make a decision on what discipline action, if any, should be taken against Maes once his department completes an internal affairs investigation.
Prosecutors have not presented the case to a grand jury.
A woman who has accused an Albuquerque police officer of raping her while she was in custody says he assaulted her at the hospital while she waited to be treated by doctors, according to documents unsealed Wednesday.
She said he later drove her to a baseball field, where he assaulted her twice more before taking her to jail.
Patrol officer David Maes, 28, was arrested Oct. 11, six days after the woman told correctional officers that she had been raped by Maes while he was transporting her to jail, police said.
"We have not unfounded or discounted her claims at this point," Police Chief Ray Schultz said Wednesday. "We are continuing our investigation."
He said his investigators have obtained video surveillance taken from the hospital that supports some of the woman's claims. The woman was at the hospital for possible injuries after being in a car crash.
Maes, who has been with the Police Department for two years, has been charged with criminal sexual penetration. He was released from the Metropolitan Detention Center the day after his arrest, after he posted $200,000 bail.
He remains on paid administrative leave.
As part of the criminal investigation, Maes' DNA is being compared with samples taken from the woman.
At the time of his arrest, a warrant detailing the allegations against Maes was sealed. On Wednesday, the District Attorney's Office agreed that the documents could be unsealed after a request from the Journal, KOAT-TV and KRQE-TV. Judge Denise Barela Shepherd signed an order unsealing the documents.
According to those documents:
On Oct. 4, the woman was riding in a stolen car that was involved in a crash at San Mateo and Gibson SE.
After the collision, the passengers in the stolen car ran away. Police caught the woman, arrested her and took her into custody for questioning.
While auto theft detectives questioned her, she complained that her vision was blurry. An ambulance was called, and she was taken Downtown to Lovelace Hospital for treatment.
While she waited for physicians, Maes was called to watch her at the hospital.
The woman claims that while Maes was watching her, he "immediately started making nasty and rude gestures to her."
"I didn't know to take him seriously," the woman told investigators. "He's an officer that has authority over me. After a while, I realized he wasn't playing no more, then it started to get a little bit scary."
At one point he told the woman that he wanted her to perform oral sex on him.
Maes pulled a privacy curtain shut, exposed himself, and performed a sex act on her, the woman claimed.
After the woman was treated at the hospital, Maes took the woman to her home so she could change clothes, she told investigators.
Doing so would be a direct violation of APD policies, Schultz said Wednesday.
"A prisoner is supposed to go to one place, and that is either the transport center or the jail," Schultz said.
According to documents, Maes then drove the woman to a baseball field near Locust and Odelia, where he sexually assaulted her twice outside his police cruiser, she told police.
Afterward, Maes drove back to the hospital. Once he was in front of the building, he radioed a dispatcher, said he was transporting a prisoner and gave his mileage.
Officers routinely call out when they are transporting prisoners to avoid false accusations such as sexual assaults or brutality claims.
Schultz said that he will make a decision on what discipline action, if any, should be taken against Maes once his department completes an internal affairs investigation.
Prosecutors have not presented the case to a grand jury.
Saturday, August 25, 2007
Ex-Cop's Charges In Rape Dropped
Journal Staff Report
The New Mexico Attorney General's Office filed paperwork Friday saying it is dropping the sexual assault case against fired Albuquerque police officer Timothy Chavez.
The notice was filed without prejudice, meaning the case could be refiled.
Attorney general spokesman Phil Cisneros said a nolle prosequi was filed because "we didn't feel it would serve the public to proceed."
"It's a good day for Tim. He can put this to rest," said Mary Han, who with co-counsel Paul Kennedy defended Chavez at trial this month. The trial ended Aug. 14 with a hung jury that voted 11-1 for acquittal on all but one count. It voted 10-2 for acquittal on that count.
"They spent vast amounts of money prosecuting a case I think they didn't analyze carefully. They put that man through all kinds of hell, when there perhaps were other remedies they could have sought and didn't even try," Han said.
Chavez, then a 33-year-old decorated vice cop, was arrested on the rape charges in May 2005. The girl told police she had been raped after meeting a man on Live Links, an adult telephone dating service.
The girl admitted during testimony that she had lied about her age to Chavez and other men to get onto the service.
Chavez said that the sex was consensual and that he thought the girl was 18.
The girl, Marissa Mason, and her mother have filed a civil lawsuit against Chavez and Albuquerque. The city is defending that lawsuit.
The New Mexico Attorney General's Office filed paperwork Friday saying it is dropping the sexual assault case against fired Albuquerque police officer Timothy Chavez.
The notice was filed without prejudice, meaning the case could be refiled.
Attorney general spokesman Phil Cisneros said a nolle prosequi was filed because "we didn't feel it would serve the public to proceed."
"It's a good day for Tim. He can put this to rest," said Mary Han, who with co-counsel Paul Kennedy defended Chavez at trial this month. The trial ended Aug. 14 with a hung jury that voted 11-1 for acquittal on all but one count. It voted 10-2 for acquittal on that count.
"They spent vast amounts of money prosecuting a case I think they didn't analyze carefully. They put that man through all kinds of hell, when there perhaps were other remedies they could have sought and didn't even try," Han said.
Chavez, then a 33-year-old decorated vice cop, was arrested on the rape charges in May 2005. The girl told police she had been raped after meeting a man on Live Links, an adult telephone dating service.
The girl admitted during testimony that she had lied about her age to Chavez and other men to get onto the service.
Chavez said that the sex was consensual and that he thought the girl was 18.
The girl, Marissa Mason, and her mother have filed a civil lawsuit against Chavez and Albuquerque. The city is defending that lawsuit.
Wednesday, June 20, 2007
A deeply damaged life collides into greater tragedy
By Joline Gutierrez Krueger, Albuquerque Tribune
Wednesday, June 20, 2007
Cynthia Seeley told people she wanted to die.
In her short, painful 40 years of life, she had buried a son and been raped by a relative and, later, by an Albuquerque police officer.
She had fallen into booze and crack cocaine to escape the anguish of many failed relationships, male and female. She was a convicted felon, a drug trafficker, a forger and a woman on the edge.
She had also been a near-millionaire after receiving $943,380 in a federal lawsuit against Christopher Chase, the police officer she accused of rape.
In the courtroom that day in February 2005, she had smiled. And cried.
Two years later, money had apparently not bought her happiness.
In the morning of June 16, she tried to kill herself, according to a criminal complaint.
She downed a pint of vodka and a handful of alprazolam, an anti-anxiety medication. She got behind the wheel of a Chevy Avalanche and hurtled on Georgia Street Northeast through a residential neighborhood north of Expo New Mexico.
No one knows why she was there.
She ran a stop sign at Mountain Road and slammed into a silver Lexus driven by Tran Dung, 47, sending his car spinning and snapping his neck, the complaint says.
Doctors at University of New Mexico Hospital say Tran, a recent immigrant from Vietnam, is paralyzed and will likely die a "slow, painful death," the complaint says.
His condition had been so grave that Albuquerque police had initially charged Seeley with vehicular homicide.
For now, though, Tran will live. He is listed in serious condition, a hospital spokeswoman said.
Seeley will live, too, whether she wants to or not. She is charged with great bodily harm by vehicle and remains in the Metropolitan Detention Center in lieu of $100,000 cash-only bail.
She had walked away from her SUV, crumpled into the front of a house. Police say they found her curled on a front lawn, rocking and muttering, "I didn't want to hurt anyone."
Less than a mile from where she sat was the place that on a cold February day in 2002 she had been hurt, too.
She had testified at her federal lawsuit trial that Chase, an Albuquerque police officer for four years, had parked his squad car behind a Bennigan's at Louisiana Boulevard and America's Parkway Northeast and raped her in the back seat.
When it was over, he threw her and her purse to the ground "like trash" and drove away, she testified.
Chase had been one of two officers called to her apartment to investigate a call of domestic violence with her girlfriend.
Chase had offered to drive her to a friend's house so that the two women could separate and cool off when he veered off to the Bennigan's instead.
Seeley's lawsuit was one of six against Chase. All told, the city has paid out nearly $3 million in those cases.
Chase is serving a 15-year prison sentence after pleading no contest to 10 criminal charges involving attacks on seven victims, including Seeley, between 2001 and 2003.
If she is convicted, Seeley could be serving prison time as well. Certainly then her mental state will be brought out again in court.
During Chase's trial two years ago, psychologist Elaine Levine testified that Seeley had diagnoses of long-term depression, anxiety, alcohol and drug dependence and post-traumatic stress disorder.
Seeley, Levine said, was born of a mother strung out on heroin and into a life where nothing and no one could be counted on. She was sexually molested by a grandfather, Levine said. She gave birth to her first child when she was a child herself; by age 18, she was a mother of two.
Seeley married the second child's father, who abandoned her with three children when she was 21, Levine said. She began using cocaine and crack cocaine, especially after the death of her youngest son, killed, ironically, in a car crash.
"She has really suffered her whole life," Levine said.
The psychologist had advised the court that Seeley would need intensive long-term psychotherapy to help her "peel back layer after layer of trauma."
Whether Seeley had engaged in such treatment is unknown. If she had, it apparently had not worked.
Now, the pain that has brought her to her knees has apparently brought pain and paralysis to Tran and his family. The legacy of her sorrow is passed on, ugly and cold and relentless.
Wednesday, June 20, 2007
Cynthia Seeley told people she wanted to die.
In her short, painful 40 years of life, she had buried a son and been raped by a relative and, later, by an Albuquerque police officer.
She had fallen into booze and crack cocaine to escape the anguish of many failed relationships, male and female. She was a convicted felon, a drug trafficker, a forger and a woman on the edge.
She had also been a near-millionaire after receiving $943,380 in a federal lawsuit against Christopher Chase, the police officer she accused of rape.
In the courtroom that day in February 2005, she had smiled. And cried.
Two years later, money had apparently not bought her happiness.
In the morning of June 16, she tried to kill herself, according to a criminal complaint.
She downed a pint of vodka and a handful of alprazolam, an anti-anxiety medication. She got behind the wheel of a Chevy Avalanche and hurtled on Georgia Street Northeast through a residential neighborhood north of Expo New Mexico.
No one knows why she was there.
She ran a stop sign at Mountain Road and slammed into a silver Lexus driven by Tran Dung, 47, sending his car spinning and snapping his neck, the complaint says.
Doctors at University of New Mexico Hospital say Tran, a recent immigrant from Vietnam, is paralyzed and will likely die a "slow, painful death," the complaint says.
His condition had been so grave that Albuquerque police had initially charged Seeley with vehicular homicide.
For now, though, Tran will live. He is listed in serious condition, a hospital spokeswoman said.
Seeley will live, too, whether she wants to or not. She is charged with great bodily harm by vehicle and remains in the Metropolitan Detention Center in lieu of $100,000 cash-only bail.
She had walked away from her SUV, crumpled into the front of a house. Police say they found her curled on a front lawn, rocking and muttering, "I didn't want to hurt anyone."
Less than a mile from where she sat was the place that on a cold February day in 2002 she had been hurt, too.
She had testified at her federal lawsuit trial that Chase, an Albuquerque police officer for four years, had parked his squad car behind a Bennigan's at Louisiana Boulevard and America's Parkway Northeast and raped her in the back seat.
When it was over, he threw her and her purse to the ground "like trash" and drove away, she testified.
Chase had been one of two officers called to her apartment to investigate a call of domestic violence with her girlfriend.
Chase had offered to drive her to a friend's house so that the two women could separate and cool off when he veered off to the Bennigan's instead.
Seeley's lawsuit was one of six against Chase. All told, the city has paid out nearly $3 million in those cases.
Chase is serving a 15-year prison sentence after pleading no contest to 10 criminal charges involving attacks on seven victims, including Seeley, between 2001 and 2003.
If she is convicted, Seeley could be serving prison time as well. Certainly then her mental state will be brought out again in court.
During Chase's trial two years ago, psychologist Elaine Levine testified that Seeley had diagnoses of long-term depression, anxiety, alcohol and drug dependence and post-traumatic stress disorder.
Seeley, Levine said, was born of a mother strung out on heroin and into a life where nothing and no one could be counted on. She was sexually molested by a grandfather, Levine said. She gave birth to her first child when she was a child herself; by age 18, she was a mother of two.
Seeley married the second child's father, who abandoned her with three children when she was 21, Levine said. She began using cocaine and crack cocaine, especially after the death of her youngest son, killed, ironically, in a car crash.
"She has really suffered her whole life," Levine said.
The psychologist had advised the court that Seeley would need intensive long-term psychotherapy to help her "peel back layer after layer of trauma."
Whether Seeley had engaged in such treatment is unknown. If she had, it apparently had not worked.
Now, the pain that has brought her to her knees has apparently brought pain and paralysis to Tran and his family. The legacy of her sorrow is passed on, ugly and cold and relentless.
Friday, May 25, 2007
Vice Cop Charged In Rape of Girl
By T.J. Wilham, Journal Staff Writer
An undercover Albuquerque police vice detective faces charges on suspicion of raping a 14-year-old girl he met through a dating service, police said.
Late Tuesday, 13-year APD veteran Timothy J. Chavez, 33, was in custody at the Metropolitan Detention Center on charges of kidnapping and criminal sexual penetration, jail records show. His bail has been set at $75,000.
Chavez, who is expected to be arraigned today in Metropolitan Court, was identified by the alleged victim in a restaurant last week.
Albuquerque Police Chief Ray Schultz announced the "sad news" during a Tuesday news conference.
"We feel it is very important to get the news out to the community," Schultz said.
According to a Metropolitan Court criminal complaint, the girl, who lives in Northwest Albuquerque, called police on April 22 and reported that a man she met through a dating service had raped her.
She said she called the service that day and connected with a man over a chat line for about 10 minutes.
Eventually, the man asked if he could come over to the girl's home. The girl agreed, gave him directions and waited in her front yard for him to arrive, court records say.
When the man, who police said was Chavez, arrived, the girl "immediately" told him that she did not want to have sex, according to arrest records.
Chavez walked into the house and sat on the couch with the girl and talked with her for about 15 minutes. During the conversation, the girl told Chavez her age and that she attended school, court records say.
Once he learned how old the girl was, she told police, Chavez stood up, walked toward the door, turned around and kissed her on the lips.
After Chavez kissed her, the girl once again told him that she did not want to have sex. However, Chavez pushed her on the couch, removed her clothing and started fondling her, she told police.
He eventually took off his clothes and started having sex with the girl, which lasted about 10 minutes, the complaint shows.
During that time the girl had repeatedly told Chavez "no," the complaint states.
At one point Chavez asked the girl if she wanted to "have his children," the complaint shows.
The girl, who is a ninth-grader, again said no.
After the alleged assault, Chavez then put his clothes on and left in a hurry, according to complaint.
The teenager then called police and reported the alleged assault.
The girl told police that during the alleged incident, which occurred between 2 and 4 p.m., she kept her eyes closed the entire time and did not know his name or who he was, court records say.
DNA was taken from the girl and police started an investigation. All the girl could tell them was that he was Hispanic, was in his late 30s, had short hair, was five 5-feet-6, and drove a maroon vehicle.
"Our detectives were actively working the investigation and it came to fruition immediately as she saw him," APD spokesman John Walsh Tuesday.
On Thursday, while waiting in line at Furrs Cafeteria, the girl spotted Chavez in line ahead of her.
She was at the restaurant with her friend and her therapist, who called police, the complaint shows.
Officers passed Chavez while walking into the restaurant. As the officers were talking to the alleged victim, Chavez had left the restaurant in a maroon vehicle.
Eventually, they stopped Chavez in an unmarked police vehicle at the intersection of Montgomery and Monroe NE, the complaint shows.
Investigators were then able to get search warrants for his home, his car and his DNA.
Police arrested Chavez Tuesday after DNA taken from the victim matched his, the complaint shows. Police were also able to obtain records from the dating service that confirmed Chavez had made a call at the time the girl said she connected with him. According to court records, Chavez has had an account with the dating service since May 2000.
Police said they do not know if Chavez was on duty at the time the alleged assault occurred. He has been placed on "administrative leave" pending an internal investigation.
An undercover Albuquerque police vice detective faces charges on suspicion of raping a 14-year-old girl he met through a dating service, police said.
Late Tuesday, 13-year APD veteran Timothy J. Chavez, 33, was in custody at the Metropolitan Detention Center on charges of kidnapping and criminal sexual penetration, jail records show. His bail has been set at $75,000.
Chavez, who is expected to be arraigned today in Metropolitan Court, was identified by the alleged victim in a restaurant last week.
Albuquerque Police Chief Ray Schultz announced the "sad news" during a Tuesday news conference.
"We feel it is very important to get the news out to the community," Schultz said.
According to a Metropolitan Court criminal complaint, the girl, who lives in Northwest Albuquerque, called police on April 22 and reported that a man she met through a dating service had raped her.
She said she called the service that day and connected with a man over a chat line for about 10 minutes.
Eventually, the man asked if he could come over to the girl's home. The girl agreed, gave him directions and waited in her front yard for him to arrive, court records say.
When the man, who police said was Chavez, arrived, the girl "immediately" told him that she did not want to have sex, according to arrest records.
Chavez walked into the house and sat on the couch with the girl and talked with her for about 15 minutes. During the conversation, the girl told Chavez her age and that she attended school, court records say.
Once he learned how old the girl was, she told police, Chavez stood up, walked toward the door, turned around and kissed her on the lips.
After Chavez kissed her, the girl once again told him that she did not want to have sex. However, Chavez pushed her on the couch, removed her clothing and started fondling her, she told police.
He eventually took off his clothes and started having sex with the girl, which lasted about 10 minutes, the complaint shows.
During that time the girl had repeatedly told Chavez "no," the complaint states.
At one point Chavez asked the girl if she wanted to "have his children," the complaint shows.
The girl, who is a ninth-grader, again said no.
After the alleged assault, Chavez then put his clothes on and left in a hurry, according to complaint.
The teenager then called police and reported the alleged assault.
The girl told police that during the alleged incident, which occurred between 2 and 4 p.m., she kept her eyes closed the entire time and did not know his name or who he was, court records say.
DNA was taken from the girl and police started an investigation. All the girl could tell them was that he was Hispanic, was in his late 30s, had short hair, was five 5-feet-6, and drove a maroon vehicle.
"Our detectives were actively working the investigation and it came to fruition immediately as she saw him," APD spokesman John Walsh Tuesday.
On Thursday, while waiting in line at Furrs Cafeteria, the girl spotted Chavez in line ahead of her.
She was at the restaurant with her friend and her therapist, who called police, the complaint shows.
Officers passed Chavez while walking into the restaurant. As the officers were talking to the alleged victim, Chavez had left the restaurant in a maroon vehicle.
Eventually, they stopped Chavez in an unmarked police vehicle at the intersection of Montgomery and Monroe NE, the complaint shows.
Investigators were then able to get search warrants for his home, his car and his DNA.
Police arrested Chavez Tuesday after DNA taken from the victim matched his, the complaint shows. Police were also able to obtain records from the dating service that confirmed Chavez had made a call at the time the girl said she connected with him. According to court records, Chavez has had an account with the dating service since May 2000.
Police said they do not know if Chavez was on duty at the time the alleged assault occurred. He has been placed on "administrative leave" pending an internal investigation.
Wednesday, March 7, 2007
Deputy: Fellow Officers Raped Me
By Rozanna M. Martinez, Journal Staff Writer
State Police are investigating claims by a female Sandoval County sheriff's deputy that she was raped by other deputies at a party in December.
Sandoval County Sheriff John Paul Trujillo told the Journal on Friday he contacted State Police as soon has he received information about the alleged assault.
The incident involved off-duty sheriff's officers and occurred in December outside the sheriff's department's jurisdiction, Trujillo said.
"I had an outside source look into it so they could verify or see if there was a criminal act that took place," Trujillo said. "At this point we don't know, it's in State Police hands."
Trujillo said he could not comment further.
State Police spokesman Lt. Rick Anglada said his agency was notified by the sheriff's department Thursday and began its investigation the same day.
"We were asked to conduct an investigation on the incident that was reported internally (in the sheriff's office) through the chain of command," Anglada said. "The allegations are that a female deputy reported to them that there was some type of party in December and in it she is claiming to have been provided alcohol... She's alleged some male deputies raped her."
Anglada did not know Friday the number of deputies alleged to have been involved.
Several witnesses and suspects as well as the accuser need to be interviewed, Anglada said.
"It happened back in December, so there's obviously no physical evidence to go by," Anglada said.
Once the State Police investigation is concluded, it is expected to be turned over to the appropriate district attorney's office for possible prosecution, Anglada said.
State Police are investigating claims by a female Sandoval County sheriff's deputy that she was raped by other deputies at a party in December.
Sandoval County Sheriff John Paul Trujillo told the Journal on Friday he contacted State Police as soon has he received information about the alleged assault.
The incident involved off-duty sheriff's officers and occurred in December outside the sheriff's department's jurisdiction, Trujillo said.
"I had an outside source look into it so they could verify or see if there was a criminal act that took place," Trujillo said. "At this point we don't know, it's in State Police hands."
Trujillo said he could not comment further.
State Police spokesman Lt. Rick Anglada said his agency was notified by the sheriff's department Thursday and began its investigation the same day.
"We were asked to conduct an investigation on the incident that was reported internally (in the sheriff's office) through the chain of command," Anglada said. "The allegations are that a female deputy reported to them that there was some type of party in December and in it she is claiming to have been provided alcohol... She's alleged some male deputies raped her."
Anglada did not know Friday the number of deputies alleged to have been involved.
Several witnesses and suspects as well as the accuser need to be interviewed, Anglada said.
"It happened back in December, so there's obviously no physical evidence to go by," Anglada said.
Once the State Police investigation is concluded, it is expected to be turned over to the appropriate district attorney's office for possible prosecution, Anglada said.
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.
Wednesday, January 11, 2006
APD: Internet, phone are lures 3 arrests highlight risks, cops say
By Maggie Shepard, Albuquerque tribune
Three times this week, police have arrested men on charges of rape and attempted rape - all stemming from contacts the men made with young women and girls online and through telephone dating services.
One of the arrests resulted from the Attorney General's Office's work on a manual aimed at helping parents and teens avoid inappropriate contacts on the Internet.
An investigator was asked to enter an online chat room and get fresh examples of what happens at such sites for use in the office's release of the new safety manual. The recording was to be used in a press conference today.
The female investigator, posing as a 14-year-old girl, went online Monday afternoon and encountered a man who subsequently used a digital video camera to send her video of himself masturbating. Later, he asked if she wanted to meet for physical sex.
The investigator agreed, and met the man Tuesday morning at Mary Fox Park on Roma Avenue Northwest.
Looking as young as she could, the investigator showed up at the 10 a.m. meeting and was met by a man who called her "Michelle," the name he'd been led to believe was hers, according to the complaint.
Police then arrested Matthew Ward, 40, of the 3400 block of Lisa Road Southwest. He listed his wife and mother as his emergency contacts when he was booked into jail on charges of attempted criminal sexual penetration, attempted criminal sexual contact with a minor and child luring, according to court documents.
"One of the most dangerous plagues that hits our communities is the ease with which predators have access to our children and our personal lives through technology," Albuquerque police spokesman John Walsh said.
Also arrested on Tuesday was Daniel Maldonado, 22, of the 2300 block of Williams Street Southeast.
In that case, Albuquerque police say Maldonado used a telephone dating service to invite a woman and her aunt to his house Monday night.
Once at the home, the woman told police Maldonado sexually assaulted her then hit her over the head several times with a bottle when she tried to leave the house, according to the complaint.
The woman was treated at the University of New Mexico Hospital for injuries.
Maldonado was arrested on charges of criminal sexual penetration, kidnapping and aggravated battery with a deadly weapon.
Those two arrests come one week after the arrest of an Albuquerque man on charges that he had five sexual encounters with a 15-year-old girl after weeks of dating through an online chatting service.
Thomas Tafoya, 24, faces five counts of criminal sexual penetration of a minor.
In May 2005, the same chat service that introduced Maldonado to the female also introduced a then-Albuquerque Police Department vice detective to a 14-year-old girl, according to a Metro Court complaint.
Timothy Chavez, 34, raped the teen when she allowed him to visit her home after chatting through Live Links telephone dating service, according to the complaint.
Chavez has not been indicted on rape charges but has been fired from APD.
Three times this week, police have arrested men on charges of rape and attempted rape - all stemming from contacts the men made with young women and girls online and through telephone dating services.
One of the arrests resulted from the Attorney General's Office's work on a manual aimed at helping parents and teens avoid inappropriate contacts on the Internet.
An investigator was asked to enter an online chat room and get fresh examples of what happens at such sites for use in the office's release of the new safety manual. The recording was to be used in a press conference today.
The female investigator, posing as a 14-year-old girl, went online Monday afternoon and encountered a man who subsequently used a digital video camera to send her video of himself masturbating. Later, he asked if she wanted to meet for physical sex.
The investigator agreed, and met the man Tuesday morning at Mary Fox Park on Roma Avenue Northwest.
Looking as young as she could, the investigator showed up at the 10 a.m. meeting and was met by a man who called her "Michelle," the name he'd been led to believe was hers, according to the complaint.
Police then arrested Matthew Ward, 40, of the 3400 block of Lisa Road Southwest. He listed his wife and mother as his emergency contacts when he was booked into jail on charges of attempted criminal sexual penetration, attempted criminal sexual contact with a minor and child luring, according to court documents.
"One of the most dangerous plagues that hits our communities is the ease with which predators have access to our children and our personal lives through technology," Albuquerque police spokesman John Walsh said.
Also arrested on Tuesday was Daniel Maldonado, 22, of the 2300 block of Williams Street Southeast.
In that case, Albuquerque police say Maldonado used a telephone dating service to invite a woman and her aunt to his house Monday night.
Once at the home, the woman told police Maldonado sexually assaulted her then hit her over the head several times with a bottle when she tried to leave the house, according to the complaint.
The woman was treated at the University of New Mexico Hospital for injuries.
Maldonado was arrested on charges of criminal sexual penetration, kidnapping and aggravated battery with a deadly weapon.
Those two arrests come one week after the arrest of an Albuquerque man on charges that he had five sexual encounters with a 15-year-old girl after weeks of dating through an online chatting service.
Thomas Tafoya, 24, faces five counts of criminal sexual penetration of a minor.
In May 2005, the same chat service that introduced Maldonado to the female also introduced a then-Albuquerque Police Department vice detective to a 14-year-old girl, according to a Metro Court complaint.
Timothy Chavez, 34, raped the teen when she allowed him to visit her home after chatting through Live Links telephone dating service, according to the complaint.
Chavez has not been indicted on rape charges but has been fired from APD.
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."
Thursday, November 3, 2005
Ex-APD Detective Indicted on Rape Charges
By Scott Sandlin, Journal Staff Writer
Former Albuquerque Police Department vice squad detective Timothy J. Chavez was indicted Wednesday on felony rape charges, five months after his initial arrest.
The New Mexico Attorney General's Office released copies of the indictment against Chavez, 34, stemming from the alleged criminal sexual penetration and kidnapping in April of a 14-year-old girl he met through a telephone dating service.
Chavez, an undercover officer at the time of the alleged incident, is charged with nine counts, including criminal sexual penetration, attempted sexual penetration, sexual contact of a minor and kidnapping. All but one count are felonies.
The Attorney General's Office took over the case because of conflicts in the Bernalillo County District Attorney's Office.
Chavez, a 13-year veteran of APD, was released on $75,000 bond after his arrest May 24. Chavez was placed on administrative leave but was fired about six weeks later.
A criminal complaint in the case said Chavez and the girl made contact on Live Links on April 22, and the girl, a ninth-grader, invited him over. Although she told him she did not want to have sex, the man allegedly ignored her and had sex with her, according to arrest records. She called police after the incident, and they took DNA.
A month later, the alleged victim saw Chavez at a restaurant and police were called, court records state. Police executed search warrants for Chavez's home and vehicle and obtained a DNA sample, according to earlier reports.
Former Albuquerque Police Department vice squad detective Timothy J. Chavez was indicted Wednesday on felony rape charges, five months after his initial arrest.
The New Mexico Attorney General's Office released copies of the indictment against Chavez, 34, stemming from the alleged criminal sexual penetration and kidnapping in April of a 14-year-old girl he met through a telephone dating service.
Chavez, an undercover officer at the time of the alleged incident, is charged with nine counts, including criminal sexual penetration, attempted sexual penetration, sexual contact of a minor and kidnapping. All but one count are felonies.
The Attorney General's Office took over the case because of conflicts in the Bernalillo County District Attorney's Office.
Chavez, a 13-year veteran of APD, was released on $75,000 bond after his arrest May 24. Chavez was placed on administrative leave but was fired about six weeks later.
A criminal complaint in the case said Chavez and the girl made contact on Live Links on April 22, and the girl, a ninth-grader, invited him over. Although she told him she did not want to have sex, the man allegedly ignored her and had sex with her, according to arrest records. She called police after the incident, and they took DNA.
A month later, the alleged victim saw Chavez at a restaurant and police were called, court records state. Police executed search warrants for Chavez's home and vehicle and obtained a DNA sample, according to earlier reports.
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.
Thursday, July 28, 2005
Officer Accused Of Rape Is Fired
Around the Metro Area , Journal Staff Reports
An Albuquerque police officer accused of raping a 14-year-old girl was formally terminated Wednesday.
Shortly before his firing, officer Timothy Chavez and his attorney met with Police Chief Ray Schultz Wednesday to plead their case, which is required by APD policy.
After the meeting, Schultz reviewed the case against Chavez and then fired the undercover vice officer.
According to court records, Chavez was arrested May 24 on charges of kidnapping and sexual penetration stemming from allegations that he met the teenager on a telephone dating service and raped her inside her home.
Chavez was with the department for about 13 years.
An Albuquerque police officer accused of raping a 14-year-old girl was formally terminated Wednesday.
Shortly before his firing, officer Timothy Chavez and his attorney met with Police Chief Ray Schultz Wednesday to plead their case, which is required by APD policy.
After the meeting, Schultz reviewed the case against Chavez and then fired the undercover vice officer.
According to court records, Chavez was arrested May 24 on charges of kidnapping and sexual penetration stemming from allegations that he met the teenager on a telephone dating service and raped her inside her home.
Chavez was with the department for about 13 years.
Friday, July 22, 2005
City Moves to Fire Vice Cop
By Jeff Proctor, Journal Staff Writer
Albuquerque officials will not wait for an indictment to begin the process of firing police officer Timothy Chavez, who is accused of raping a 14-year-old girl.
"He received termination papers today, and that's the first step of the process," Mayor Martin Chávez told the Journal editorial board Thursday. "We knew the day we got the DNA back that he wasn't going to be with the police department anymore."
A personnel hearing is scheduled for the middle of next week, where an up or down decision will be rendered on Officer Chavez's job, said John Walsh, an APD spokesman.
Officer Chavez, 33, was arrested May 24 on charges of kidnapping and criminal sexual penetration. He was placed on leave with pay.
At the time, Police Chief Ray Schultz said he would fire Chavez once the officer was indicted by a grand jury. Schultz said he expected an indictment within 10 days.
Chances for a speedy indictment ground to a halt, in part, because Officer Chavez is related to or has worked with several people on staff at the Bernalillo County District Attorney's Office.
To avoid an obvious conflict of interest, District Attorney Kari Brandenburg asked Attorney General Patricia Madrid to take over the case.
The AG's Office is still considering whether to take the case, spokeswoman Sam Thompson said Thursday.
Rather than wait for a decision from Madrid's office in Santa Fe, Albuquerque officials are using the results of an APD internal affairs investigation to start the process to fire Chavez.
"As of (Thursday) the chief had received and reviewed the results of the internal affairs investigation and recommended termination," Walsh said.
According to the City Attorney's Office, an indictment or the results of an internal investigation does meet the due process
requirement for termination of a police officer.
Chavez, an undercover vice officer, is accused of meeting the girl over the telephone dating service Live Links, according to court records. He allegedly asked if he could come to her house, then came over and raped her there.
DNA taken from the girl's body matched the officer's, court records show.
Albuquerque officials will not wait for an indictment to begin the process of firing police officer Timothy Chavez, who is accused of raping a 14-year-old girl.
"He received termination papers today, and that's the first step of the process," Mayor Martin Chávez told the Journal editorial board Thursday. "We knew the day we got the DNA back that he wasn't going to be with the police department anymore."
A personnel hearing is scheduled for the middle of next week, where an up or down decision will be rendered on Officer Chavez's job, said John Walsh, an APD spokesman.
Officer Chavez, 33, was arrested May 24 on charges of kidnapping and criminal sexual penetration. He was placed on leave with pay.
At the time, Police Chief Ray Schultz said he would fire Chavez once the officer was indicted by a grand jury. Schultz said he expected an indictment within 10 days.
Chances for a speedy indictment ground to a halt, in part, because Officer Chavez is related to or has worked with several people on staff at the Bernalillo County District Attorney's Office.
To avoid an obvious conflict of interest, District Attorney Kari Brandenburg asked Attorney General Patricia Madrid to take over the case.
The AG's Office is still considering whether to take the case, spokeswoman Sam Thompson said Thursday.
Rather than wait for a decision from Madrid's office in Santa Fe, Albuquerque officials are using the results of an APD internal affairs investigation to start the process to fire Chavez.
"As of (Thursday) the chief had received and reviewed the results of the internal affairs investigation and recommended termination," Walsh said.
According to the City Attorney's Office, an indictment or the results of an internal investigation does meet the due process
requirement for termination of a police officer.
Chavez, an undercover vice officer, is accused of meeting the girl over the telephone dating service Live Links, according to court records. He allegedly asked if he could come to her house, then came over and raped her there.
DNA taken from the girl's body matched the officer's, court records show.
Friday, May 27, 2005
Police Chief Plans to Fire Accused Cop
By T.J. Wilham, Journal Staff Writer
Albuquerque Police Chief Ray Schultz said Thursday that he plans to fire an officer accused of raping a 14-year-old girl once the undercover cop is indicted.
That could be done within the next 10 days, Schultz said.
In the meantime, officer Timothy J. Chavez, 33, is on paid administrative leave.
"It is worth the expense to pay him for the time being and have him at home," Schultz said. "We don't want him on any kind of an assignment."
On Thursday, Chavez made his first court appearance and pleaded not guilty to charges of kidnaping and criminal sexual penetration. A July court date was set.
Chavez was arrested Tuesday after he allegedly met a 14-year-old girl a month earlier on a telephone dating service, according to a Metropolitan Court criminal complaint. Chavez allegedly arranged a meeting at the girl's home and raped her on a couch.
Last week, the girl spotted Chavez at a restaurant and identified him as her attacker, and DNA taken from the girl's body matched the officer's, court records show.
Schultz could have placed the 13-year veteran on administrative duty, which would have allowed Chavez to work without being able to exercise police powers.
In the past, when officers have faced criminal charges, the administration has waited for an internal affairs report or for the criminal case to be adjudicated before taking disciplinary action.
Because of the "seriousness" of the allegations against Chavez, Schultz said action should be taken against Chavez once he is indicted. APD officials said it's common to take such action when an officer is accused of a felony.
Schultz also said investigators are trying to determine if Chavez was on duty when the alleged incident occurred.
According to department records, Chavez had taken half the day off. Schultz said he did not know the exact time the alleged rape occurred or when Chavez was off duty.
"This is already bad, but this (if Chavez were on duty) would make it extremely worse," Schultz said. "This is such an egregious violation of trust and of the law."
Albuquerque Police Chief Ray Schultz said Thursday that he plans to fire an officer accused of raping a 14-year-old girl once the undercover cop is indicted.
That could be done within the next 10 days, Schultz said.
In the meantime, officer Timothy J. Chavez, 33, is on paid administrative leave.
"It is worth the expense to pay him for the time being and have him at home," Schultz said. "We don't want him on any kind of an assignment."
On Thursday, Chavez made his first court appearance and pleaded not guilty to charges of kidnaping and criminal sexual penetration. A July court date was set.
Chavez was arrested Tuesday after he allegedly met a 14-year-old girl a month earlier on a telephone dating service, according to a Metropolitan Court criminal complaint. Chavez allegedly arranged a meeting at the girl's home and raped her on a couch.
Last week, the girl spotted Chavez at a restaurant and identified him as her attacker, and DNA taken from the girl's body matched the officer's, court records show.
Schultz could have placed the 13-year veteran on administrative duty, which would have allowed Chavez to work without being able to exercise police powers.
In the past, when officers have faced criminal charges, the administration has waited for an internal affairs report or for the criminal case to be adjudicated before taking disciplinary action.
Because of the "seriousness" of the allegations against Chavez, Schultz said action should be taken against Chavez once he is indicted. APD officials said it's common to take such action when an officer is accused of a felony.
Schultz also said investigators are trying to determine if Chavez was on duty when the alleged incident occurred.
According to department records, Chavez had taken half the day off. Schultz said he did not know the exact time the alleged rape occurred or when Chavez was off duty.
"This is already bad, but this (if Chavez were on duty) would make it extremely worse," Schultz said. "This is such an egregious violation of trust and of the law."
Thursday, May 26, 2005
Access to Dating Service Easy; Company Officer Used Doesn't Verify Ages
By T.J. Wilham, Journal Staff Writer
The telephone dating service that was used by a decorated Albuquerque police officer to meet a 14-year-old girl he allegedly raped is easy to get on to.
All you need is a phone.
Live Links has a promotion that allows callers to sign up on a trial basis without paying any money. To sign up, callers do not have to give a credit card number, name, age, or address to start talking to another caller.
Female callers do not have to pay at all, even after trying it out.
On Tuesday, Albuquerque police arrested undercover vice officer Timothy Chavez, 33, on charges of kidnapping and criminal sexual penetration. Chavez, who was released by posting a $75,000 bond Wednesday, could not be reached for comment.
He is accused of meeting the girl on Live Links on April 22, asking if he could come over to her house and then allegedly raping her, according to court records.
The girl did not know who Chavez was until a month later when she saw him at a northeast restaurant and called police.
Live Links officials said Wednesday they have procedures in place to screen juveniles from getting onto the service.
A recorded notice on the service tells anyone younger than 18 years old to hang up. The company also has monitors who listen to recorded profiles and a hot line parents can call to have their phone numbers blocked from using the service.
"We are looking for people to meet people. We are not looking for people who want to meet little kids," said Sid Methner, business development manager for the Vancouver-based company. "We have a popular service, and kids like to spread it around school like it is a fad. ... Our question is where were her parents? That is the issue. That is the first line of defense against this."
Methner said the company is conducting an investigation into how the girl was able to get onto the service.
"Nobody wants to see this happen," he said. "This is not a service we want."
Albuquerque police officials said Wednesday that throughout his 13-year career Chavez received numerous awards and accommodations.
"It is saddening for any officer that has served with distinction and now faces grievous charges," said John Walsh, an APD spokesman. "But it is deeply saddening that there is a young person who has fallen victim to this type of crime."
In 1997, Chavez received a Medal of Meritorious Service from APD, according to Albuquerque police. In 1998, Chavez was presented with the Law Enforcement Officer/Hero of the Year Award by then-Mayor Jim Baca, according to Journal news reports. Police officials said Wednesday they do not have any record of that award, and it is not the department's official "Officer of the Year" award. But APD said there was only one Timothy Chavez on its roster at that time.
Chavez received the 1998 award for his involvement in thwarting a bank robbery while moonlighting at the bank. According to news reports, Chavez shot the would-be robber, who was holding a hostage at gunpoint.
Preventing teenagers from using a dating service such as Live Links is not easy, law enforcement officials said.
And Live Links legally did nothing wrong because it has the disclaimer, said Michael Cox, director of special prosecutions for the New Mexico Attorney General's Office.
"You can't shut them down because they do not have an affirmative way to screen minors," Cox said. "Is it a problem, I would say yes, but there is no factual way to check someone's identification over the telephone or a computer."
To get onto the service, the automated system asks for the person's gender and a promotional code, which is available to anyone who goes to the Live Links online site.
The caller is asked to record a profile and then listens to profiles of potential dates.
The company has local numbers in Albuquerque, Santa Fe and Las Cruces.
City police detectives said that within the past nine years they have received only one complaint about a dating service. That came from a parent who was upset that their son had met an adult man over a telephone dating service in 1996.
"Parents need to be involved with their kids' lives as much as possible," said Don Roberts, a detective with the APD child exploitation unit. "Kids are smart. They are going to figure out how to get in. Not every 15- or 16-year-old kid is going to go, 'oh my gosh' and hang up (when they hear the disclaimer)."
Bob Hoever, deputy director for the National Center for Missing and Exploited Children, said dating services such as Live Links need to have some sort of a "safeguard" in place to screen children.
He recommended that the company require the use of credit cards.
"You really don't know who is on the other end, and sometimes the phone gives you a false sense of security," Hoever said.
Live Links, which has been in business since 1990, advertises on television, the Internet and in newspapers.
Methner said requiring callers to submit a credit card is not going to keep kids away. He said children will still find a way.
Methner said parents can call 1 (800) 984-6889 to have their home phone number blocked from using Live Links.
The telephone dating service that was used by a decorated Albuquerque police officer to meet a 14-year-old girl he allegedly raped is easy to get on to.
All you need is a phone.
Live Links has a promotion that allows callers to sign up on a trial basis without paying any money. To sign up, callers do not have to give a credit card number, name, age, or address to start talking to another caller.
Female callers do not have to pay at all, even after trying it out.
On Tuesday, Albuquerque police arrested undercover vice officer Timothy Chavez, 33, on charges of kidnapping and criminal sexual penetration. Chavez, who was released by posting a $75,000 bond Wednesday, could not be reached for comment.
He is accused of meeting the girl on Live Links on April 22, asking if he could come over to her house and then allegedly raping her, according to court records.
The girl did not know who Chavez was until a month later when she saw him at a northeast restaurant and called police.
Live Links officials said Wednesday they have procedures in place to screen juveniles from getting onto the service.
A recorded notice on the service tells anyone younger than 18 years old to hang up. The company also has monitors who listen to recorded profiles and a hot line parents can call to have their phone numbers blocked from using the service.
"We are looking for people to meet people. We are not looking for people who want to meet little kids," said Sid Methner, business development manager for the Vancouver-based company. "We have a popular service, and kids like to spread it around school like it is a fad. ... Our question is where were her parents? That is the issue. That is the first line of defense against this."
Methner said the company is conducting an investigation into how the girl was able to get onto the service.
"Nobody wants to see this happen," he said. "This is not a service we want."
Albuquerque police officials said Wednesday that throughout his 13-year career Chavez received numerous awards and accommodations.
"It is saddening for any officer that has served with distinction and now faces grievous charges," said John Walsh, an APD spokesman. "But it is deeply saddening that there is a young person who has fallen victim to this type of crime."
In 1997, Chavez received a Medal of Meritorious Service from APD, according to Albuquerque police. In 1998, Chavez was presented with the Law Enforcement Officer/Hero of the Year Award by then-Mayor Jim Baca, according to Journal news reports. Police officials said Wednesday they do not have any record of that award, and it is not the department's official "Officer of the Year" award. But APD said there was only one Timothy Chavez on its roster at that time.
Chavez received the 1998 award for his involvement in thwarting a bank robbery while moonlighting at the bank. According to news reports, Chavez shot the would-be robber, who was holding a hostage at gunpoint.
Preventing teenagers from using a dating service such as Live Links is not easy, law enforcement officials said.
And Live Links legally did nothing wrong because it has the disclaimer, said Michael Cox, director of special prosecutions for the New Mexico Attorney General's Office.
"You can't shut them down because they do not have an affirmative way to screen minors," Cox said. "Is it a problem, I would say yes, but there is no factual way to check someone's identification over the telephone or a computer."
To get onto the service, the automated system asks for the person's gender and a promotional code, which is available to anyone who goes to the Live Links online site.
The caller is asked to record a profile and then listens to profiles of potential dates.
The company has local numbers in Albuquerque, Santa Fe and Las Cruces.
City police detectives said that within the past nine years they have received only one complaint about a dating service. That came from a parent who was upset that their son had met an adult man over a telephone dating service in 1996.
"Parents need to be involved with their kids' lives as much as possible," said Don Roberts, a detective with the APD child exploitation unit. "Kids are smart. They are going to figure out how to get in. Not every 15- or 16-year-old kid is going to go, 'oh my gosh' and hang up (when they hear the disclaimer)."
Bob Hoever, deputy director for the National Center for Missing and Exploited Children, said dating services such as Live Links need to have some sort of a "safeguard" in place to screen children.
He recommended that the company require the use of credit cards.
"You really don't know who is on the other end, and sometimes the phone gives you a false sense of security," Hoever said.
Live Links, which has been in business since 1990, advertises on television, the Internet and in newspapers.
Methner said requiring callers to submit a credit card is not going to keep kids away. He said children will still find a way.
Methner said parents can call 1 (800) 984-6889 to have their home phone number blocked from using Live Links.
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.
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