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Indy Probe of APD Ordered

Indy Probe of APD Ordered

Pattern of deleting, falsifying video alleged

Berry Capitulates to Demand for Outside Inquiry

Former Cop City-councilor Says APD Can’t Investigate Itself



Mayor Richard Berry’s administration says it will bring in an independent investigator to review allegations that city police employees tampered with videos from police shooting cases.

The announcement Tuesday afternoon came less than 24 hours after City Attorney Jessica Hernandez told city councilors that her staff and APD already were investigating the claims and that an outside review would not be necessary.

Councilor Pat Davis said at Monday night’s Council meeting — and again in a letter to Hernandez sent Tuesday morning — that he wanted the probe handed off to someone outside city government.

Davis wrote that “establishing public trust in the outcome of this investigation is critical” especially given the serious implications of the cases. “And that must be accomplished without delay,” according to the letter.

In a prepared statement issued Tuesday afternoon, Hernandez said the independent investigation would focus on whether “original video evidence” had been properly maintained and made available to prosecuting agencies such as the District Attorney’s Office and the U.S. Attorney’s Office.

 She did not provide a timeline for hiring an outside investigator, or for the probe’s estimated completion.

“We will cooperate with the independent investigator to complete a thorough investigation as promptly as possible,” Hernandez said in her statement.

The Albuquerque Police Department’s former records supervisor, Reynaldo Chavez, has alleged in a sworn affidavit that APD employees had altered and, in some cases, deleted videos that showed the events surrounding at least two controversial police shootings.

Hernandez’s statement did not say whether city employees continue to review materials related to Chavez’s claims.

Meanwhile, the citizen Police Oversight Board scheduled a special meeting on Nov. 30 to discuss Chavez’s allegations and how potentially altered video could impact the board’s work.

“Clearly these claims, if true, would have tremendous, negative consequences for our oversight of the department,” board member Joanne Fine said Tuesday. “So, as a board, we want to have a discussion about next steps we can take to get to the bottom of this.”

The POB and its investigative arm, the Civilian Police Oversight Agency, were created as part of a settlement agreement between the city and the U.S. Department of Justice to resolve longstanding issues of excessive force by city officers and a leadership culture that let them fester.

Under the settlement, the board and the CPOA are responsible for investigating all citizen complaints against officers and police shootings, then recommending discipline for officers to the police chief. The board also weighs in on APD policies.

Fine said the board might consider sending a letter to the U.S. Attorney’s Office asking for federal officials to investigate Chavez’s claims.

If it does, the Poilice Oversight Board would join an expanding group of officials calling for a federal probe of video tampering allegations that already includes District Attorney Kari Brandenburg.

The board’s special meeting was set for 5 p.m. Wednesday, Nov. 30, at the Plaza Del Sol building, 600 Second St. NW.

Jeff Proctor is a reporter with New Mexico In Depth, a nonprofit website that can be found on the web at nmindepth.com

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  • Joanne Fine
    November 23, 2016, 1:13 pm

    If APD values their relationship with this community, they will request the FBI investigate the allegations of evidence tampering. They wll request it themselves. DOJ is here. Why not go to the best possible investigators to clear your name?

    • Anonymous@Joanne Fine
      November 24, 2016, 1:46 pm

      You are either a sanctimonious fool or a sociopathic lier Ms. Fine. Knowledge that APD could disappear videos has rested within your own agency since early August of 2015 and Mr. Chavez’s lawsuit, filed in January of this year, only reinforced that knowledge. You, and the city employees that answer to you, should contact the FBI and tell them what you knew and when you knew it forthwith.

  • Pete Dinelli
    November 29, 2016, 3:54 pm

    Davis calling for an outside private investigation paid by the City just doesn’t cut it, not when it comes to conduct that just may be found to be criminal. Davis should be calling for an independent law enforcement agency, like the FBI or State Police, to investigate the allegations. Davis also conveniently forgets APD is working under a Federal Consent decree and the Department of Justice should be ask to look into the allegations.

    The City Attorney will be selecting and hiring the investigator behind closed doors and the City Council will not have any say who will be hired. The allegations made by the former records custodian include that high ranking members of APD command staff and the City Attorney’s office ordered the withholding or altering and tampering of video evidence. There is a clear conflict with the City doing its own investigation or hiring someone who they want to do the investigation. If the City does not like what is found, it can simply say do it again.

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Dennis Domrzalski is managing editor of ABQ Free Press. Reach him at dennis@freeabq.com.

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