If there is any truth in this recent update of the Albuquerque Free Press article that APD has in fact lied to Federal Monitor James Ginger, it is a very serious offense that should be sanctioned.
The Federal Monitor under the law and the Rules of Civil Procedure, is an officer of the Court and represents the court. and reports directly to the Federal Judge.
Lying to a Federal Judge can never be tolerated.
If APD did in fact lie to the Federal Monitor, the Department of Justice and the US Attorney need to file a “Motion for Contempt of Court” against APD and the command staff requesting sanctions and asking for an “Order to Show Cause” hearing where testimony can be taken and the Court can determine exactly who lied and what sanctions should be imposed.
If the command staff did write a special order subverting the settlement agreement, denied its existence when asked about it by the monitor and APD then refused to give the monitor a copy of the subversive order, sanctions are in order and need to be imposed and those responsible need to be held accountable and terminated.
If the federal Monitor believes he has been lied to as he seems to allege by implication in his report, he needs to say it in no uncertain terms to the Federal Court at the May 10, 2017 status conference when he gives his report and ask for sanctions himself.
Unless Ginger himself says something, he can can expect to continue to be “mystified” and “startled” by the lack of progress and implementation of the DOJ consent decree mandated reforms as he claims in his latest report.