On November 19, just after 5 a.m., a man called 911 to say his wife had been shot. He found his wife slumped over, not moving, in her car in the driveway. He couldn’t open the door and he call 911. When paramedics arrived at the residence located at the 2100 block of Corte de Loma NW, near Unser and Ladera, the woman was already dead. The shooting occurred in a quiet upper-middle-class neighborhood on the city’s West Side. The victim, identified by her neighbors as Jacqueline “Jackie” Vigil, a woman in her 50s, is the mother of two New Mexico State Police officers.

Detectives with the Albuquerque Police Department (APD) think it was an attempted robbery. APD spokesman Gilbert Gallegos said that after the shooting, a car horn started blaring and neighbors came out of their homes to see a Jeep fleeing the scene. Gallegos elaborated:

“All indications are that she was in her car, getting ready to go to the gym apparently, and this appears to be a robbery attempt of some sort. … It sounds like just an innocent victim who was getting ready to go out in the morning. We don’t know the circumstances if they were trying to rob her or the vehicle, but it does look like an attempted robbery. Two individuals were seen leaving the area in a brown Jeep Cherokee.”

In a press release issued, Mayor Tim Keller had this to say of the murder:

“We lost a member of our community—a mother to two state police officers—to gun violence. This is a senseless, tragic, and heartbreaking loss, for her family and for Albuquerque. We are working tirelessly to bring the killers to justice, and we are committed to continue the fight against criminals who perpetrate violence in our city.”

The murder of Jacqueline “Jackie” Vigil was the 71st homicide in Albuquerque this year, surpassing last year’s total of 69 homicides. The highest number in recent history was in 2017 when there were 72 homicides reported that year.

Mayor Tim Keller’s condolences over the senseless murder of Jacqueline Vigil was not the first time he has issued his concerns over the city’s violent crime rates. Just 6 months ago during a May 10 press conference, Mayor Tim Keller had this to say about the murder of 23-year-old University of New Mexico student Jackson Weller:

“I am saddened and angered by the news that a student’s life was taken last night. … I am getting updates regularly from APD as they work hard to solve this case and bring the killer to justice … Gun violence is not a problem with a quick or obvious solution, but we are determined to fight back in every way. … We understand the urgency of this moment … We are increasing our efforts … Over the last decade, violent crime driven by drugs, gangs, guns, and domestic violence has become an increasingly deadly challenge for this community. … We have made this dangerous mix of crime our top priority.”

https://www.abqjournal.com/1314397/apd-arrests-suspect-in-slaying-of-unm-baseball-player.html

ANOTHER MURDER

On November 20, it was reported that the homicide count in Albuquerque is now at 72, matching the city’s record in 2017. APD confirmed a fight Tuesday night left one man dead. Officers were dispatched to the Econo Lodge on Central near I-25 in response to a fight in progress. Police said that once they arrived, they saw a man who was unconscious. Paramedics from Albuquerque Fire Rescue attempted to save his life, but he died from his injuries on scene.

https://www.kob.com/albuquerque-news/apd-man-killed-in-fight-at-econo-lodge-marks-72nd-homicide-this-year-/5558336/?cat=500

ANOTHER SHOOTING

On November 20, it was reported that APD was investigating a shooting near Unser and Tower that occurred Wednesday night. According to reports, when APD arrived to the scene they discovered a male subject with multiple gunshot wounds. According to police, the subject crashed his car into another vehicle. The subject was taken to UNMH to be treated for injuries. The victim was listed in critical condition.

https://www.kob.com/albuquerque-news/apd-investigates-possible-shooting-near-unser-and-tower/5559187/?cat=500

KELLER FORCED TO DEFEND POLICIES

On November 20, 2019, just 24 hours after the murder of Jacqueline Vigil, Mayor Tim Keller and APD Chief Michael Geier held a press conference to address the soaring murder numbers as this year has now tied the all-time record for the number of murders in the city at 72. The news conference was somewhat uncomfortable with a somber Mayor Keller forced to defend policies on what APD is doing to reduce the murder rate.

Mayor Keller and APD were specifically asked that after such a senseless murder as the murder of Jacqueline Vigil, how do they reassure the public they’re safe? Mayor Keller acknowledged the problem and said he is working on identifying the root cause of violent crime.

Addressing the growing number of violent crimes during the news conference, Keller said:

“Unfortunately, we’ve seen homicides increase slightly, and the year, of course, is not yet over. So with five or so weeks left to go, we know this is going to be one of our worst years on record.

Underlying each one of these murders is a combination of gangs, drugs or domestic violence and guns. It’s this recipe that is eroding our community and eating away at our families and neighborhoods.”

Mayor Keller said his new efforts include staffing one more APD homicide detective and creating a unit that works with prosecutors to ensure more convictions. Keller proclaimed he will unveil a new initiative to target violent offenders.

https://www.kob.com/albuquerque-news/mayor-keller-addresses-growing-number-of-violent-crime/5559096/?cat=500

KELLER INTENDS TO ASK FOR $30 MILLION FROM STATE

APD has an approved general fund budget for fiscal year 2019-2020 of $188.9 million dollars, which represents an increase of 10.7% or $18.3 million above last year’s budget. According to the approved budget, APD has 1,560 approved full-time positions with 1,040 sworn police budgeted positions and 520 budgeted civilian positions. You can review the entire APD approved budget here:

http://documents.cabq.gov/budget/fy-19-approved-budget.pdf (Page 209)

It was in April, 2018 that Mayor Keller agreed to and signed off on a $55 million dollar a year increase in gross receipts tax enacted by the city council, breaking his promise not to raise taxes without a public vote even for public safety. The city council dedicated 75% or the tax increase to public safety needs.

During his press conference, Mayor Keller said he plans on asking the governor and state legislature for $30 million in funding during the upcoming 2020 legislative session to “modernize” APD. According to Keller $20 million dollars of that will go to changing the way police file reports and produce crime stats and how they connect all the crime-fighting data into one.

According to Keller:

“We’re dealing with systems that are decades old and older. It’s a situation that is holding back everything that we are trying to do as a department. It’s essentially a deferred investment that I wish we would have made a decade ago and that we have to make now.”

The other $10 million would go to the city’s new violence intervention program.

https://www.koat.com/article/city-leaders-announce-new-crime-fighting-measures/29863717

APD HOMICIDE UNIT

Since first taking office on December 1, 2017, Mayor Tim Keller has doubled the number of homicide detectives from 5 to 10. On November 17, Keller announced APD was adding one more detective to the unit.

APD spokesperson Gilbert Gallegos said APD is doing everything they can to bring justice to victim’s families and said:

“Our homicide detectives work large caseloads, often under intense public scrutiny. Make no mistake, they put everything into solving these cases and bringing justice to every victim and their loved ones. ”

https://www.kob.com/albuquerque-news/city-staffs-more-homicide-detectives-murder-solve-rate-50/5555863/?cat=500

APD HAS DECREASING HOMICIDE CLEARANCE RATE

According to the proposed 2018-2019 APD City Budget, in 2016 the APD homicide clearance rate was 80%, in 2017 the clearance rate was 70% and the clearance rate for 2018 was 56%. APD officials said they have investigated 70 homicide cases this year. Out of those 70 cases, 36 have been solved. In 2018, APD investigated 69 homicides and solved 37 or just over half. According to APD, it is less about the number of detectives and more about good witnesses willing to testify.

In the past few years, it has been reported that the APD Homicide Unit has botched any number of high-profile murder investigations. The APD Homicide Unit has compiled a history of not doing complete investigations, misleading the public, feeding confessions to people with low IQs, getting investigations completely wrong and even arresting innocent people. For more on APD’s high profile murder cases see:

https://www.petedinelli.com/2018/07/02/abq-report-apd-homicide-units-legacy-of-shame/

The most egregious was the murder investigation of 10-year-old Victoria Martens who was murdered, dismembered and whose body was burned in a bathtub. The initial APD Homicide alleged that it was Jessica Kelley that stabbed 9-year-old Victoria Martens and that Fabian Gonzales strangled her while Michelle Martens, the child’s mother, watched the murder.

It was later revealed that Jessica Kelley did not murder the child. Michelle Martens falsely admitted to committing the crimes when forensic evidence revealed she and her boyfriend Fabian Gonzales were not even in the apartment at the time of the murder, they did not participate in the murder and that there is an unidentified 4th suspect in the case who committed the murder.

On November 20, 2019, it was reported that Defendant Fabian Gonzales was release from jail pending his trial. He was released to the court’s pretrial services division, which is tasked with finding an appropriate place for him to live until his trial. Gonzales had been in the county jail since August 2016 on a $1 million cash-only bond.

https://www.abqjournal.com/1393384/fabian-gonzales-released-from-mdc.html

Shortly after his arrest in 2016, Gonzales had been accused of drugging, raping and killing Victoria, but after further investigation, Bernalillo County D. A. Raul Torrez was forced to revise the prosecution’s theory of the case, and dropped rape and murder charges against Gonzales. Gonzales is now accused of helping his cousin dismember the body of 10-year-old Victoria Martens after she was reportedly killed by an unidentified man who was looking for Gonzales.

ALBUQUERQUE HOMICIDE AND VIOLENT CRIME RATES

Albuquerque’s FBI Uniform Crime statistics for the years 2008 to 2018 reveal just how bad violent crime has increased in Albuquerque over the last 10 years. Violent crimes include murder, rape, robbery and aggravated assaults. Property Crimes include burglary, larceny and motor vehicle theft. The hard numbers for the last 10 years reflect that crime has not declined much and that like a waive on a beach, it had “ebbed and flowed” over the years.

As of November 20, 2019, there were 72 homicides in Albuquerque. The number of homicides reported each year from 2008 to 2019 are:

2008: 38
2009: 56
2010: 42
2011: 35
2012: 41
2013: 34
2014: 30
2015: 42
2016: 61
2017: 72
2018: 69
2019: 72 homicides as of November 20, 2019

The number of AGGRAVATED ASSAULTS (assaults with deadly weapon) reported each year from 2008 to 2016 are:

2008: 2,960
2009: 2,597
2010: 2,971
2011: 2,910
2012: 2,740
2013: 2,803
2014: 3,121
2015: 3,273
2016: 3,846
2017: 4,213
2018: 3,885

The total number of VIOLENT CRIMES (murder, rape, robbery and aggravated assault combined) reported each year from 2008 to 2018 were:

2008: 4,718
2009: 4,082
2010: 4,291
2011: 4,207
2012: 4,151
2013: 4,322
2014: 4,934
2015: 5,405
2016: 6,245
2017: 7,686 (Aggravated Assaults: 4,213, Non-Fatal Shootings: 470)
2018: 6,789 (Aggravated Assaults: 3,885, Non-Fatal Shootings: 491)

https://www.cabq.gov/police/annual-reports/uniform-crime-reports

BERNALILLO COUNTY DISTRICT ATTORNEY VIOLENT CRIME STATISTICS

The Bernalillo County District Attorney’s Office has implemented a data collection program called “Ceasefire”. Ceasefire is supposedly a data-driven approach to combat gun violence.

According to the DA’s office a breakdown of data from January 1, 2019, to April 23, 2019 is as follows:

There were 101 shootings in which individuals were injured or killed, several of which had multiple victims
114 people were shot, 17 of whom were killed.
95 incidents happened in the city.
6 incidents happened outside the city but within the county.
2 people were shot by law enforcement.
10 cases were self-inflicted shootings.
The shortest time between shootings was 16 minutes.
The longest time was a five-and-a-half-day stretch in early January.
The average number of shootings was just over one shooting per day.
Suspects have been identified in 42 cases, although it’s unclear how many have resulted in an arrest.
There were 27 more shootings so far in 2019 compared to the same time period in 2018 when there were 74 shootings.

KELLER DECLARES VIOLENT CRIME “PUBLIC HEALTH” ISSUE

During his November 19 press conference, Mayor Keller hinted that his Administration will unveil a new initiative to target violent offenders. If this sounds familiar, it should. This will be the second time in 6 months that Keller has announced a new program to combat violent crime.

On April 8, 2019, Mayor Tim Keller and APD announced efforts that will deal with “violent crime” in the context of it being a “public health issue” and dealing with crimes involving guns in an effort to bring down violent crime in Albuquerque.

Mayor Keller and APD argue that gun violence is a “public health issue” because gun violence incidents have lasting adverse effects on children and others in the community that leads to further problems. APD supposedly is tracking violent crime relying on the same methods used to track auto thefts, weekly reports summarizing shootings, refining policies, and learning from best practices used by other law enforcement agencies. One goal is for APD to examine how guns are driving other crimes, such as domestic violence and drug addiction.

The initiatives announced on April 8, 2019 included:

1. Using data from APD’s Real Time Crime Center to focus on areas with a heavy concentration of gun violence and identify any patterns.
2. Forming units of officers called Problem Response Teams in each area command. The Problem Response Teams will be made up of officers who don’t take calls for service but will be available to help community members as they need it. After a violent crime, the teams, along with Albuquerque Fire Rescue, will visit the neighborhood and provide resources or information.
3. Identifying those who are selling firearms illegally to felons or juveniles.
4. Working with agencies and universities to conduct research on gun violence as a public health issue.
5. Implementing a standardized shooting response protocol that police must follow within the first 72 hours of a reported crime. APD intends to collect and test all casings at shooting scenes and intends to purchase new equipment and technology that can assist detectives in investigating gun crimes.
6. APD is in the process of hiring additional personnel for the crime lab and securing technology that will increase efficiency around DNA testing including automating the entire unit. The unit that tests DNA and the unit that tests latent fingerprints will be split in an attempt to reduce a backlog of evidence that needs to be tested.
7. Increasing the use of the National Integrated Ballistic Information Network and the Problem Response Teams. The National Integrated Ballistic Information Network program is used to identify which guns have been used in multiple crimes by analyzing all casings they can find at violent crime scenes where a firearm has been discharged
8. Use of a placard police officers can hang on doors to encourage residents to call with information about a crime.

For a related blog article see:

https://www.petedinelli.com/2019/05/13/desperate-measures-for-despicable-crimes-and-another-press-conference/

https://www.abqjournal.com/1301057/police-to-focus-on-gun-violence.html

INCREASING SIZE OF APD POLICE FORCE

APD’s is spending $88 million dollars beginning in the 2018-2019 fiscal year, over a four-year period, with 32 million dollars of recurring expenditures, to hire 322 sworn officers and expand APD from 878 sworn police officers to 1,200 officers. The massive investment is being done in order to full fill Mayor Tim Keller’s 2017 campaign promise to increase the size of APD and return to community-based policing as a means to reduce the city’s high crime rates. Last year’s 2018-2019 fiscal year budget provided for increasing APD funding from 1,000 sworn police to 1,040. This year’s 2019-2020 fiscal year budget has funding for 1,040 sworn police.

On August 1, 2019, the Albuquerque Police Department (APD) issued what it entitled “Staffing Snapshot” providing a report on the number of sworn police officers APD now has and where they have been assigned. According to the report, APD as of August 1, 2019 a total of 972 sworn officers with 600 officers assigned to the field services patrolling 6 area commands and neighborhoods. You can view a detail breakdown of staffing levels here:

https://www.petedinelli.com/2019/08/08/apd-staffing-levels-970-sworn-police-300-more-needed/?fbclid=IwAR3bIE5NoLYcBMu96hMUmnmVhOMimMOONil-hV18lrrQpalpc35D3ryE0WE

https://www.kob.com/albuquerque-news/apd-staffing-numbers-how-many-officers-are-in-your-neighborhood-/5449523/?cat=500

Last year APD sworn responded to 580,238 calls for service, made 9, 592 felony arrest, made 18,442 misdemeanor arrests, made 1,403 DWI arrests and made 2,256 domestic violence arrests. The overwhelming majority of the responses and arrests were made by APD field service officers when APD had 116 fewer sworn police.

AFFECT OF THE DOJ COURT APPROVED SETTLEMEMT AGREEMENT

The August 1, 2019, the Albuquerque Police Department (APD) issued “Staffing Snapshot” revealed the extent of resources and personnel are dedicated to implementation of the Department of Justice (DOJ) mandated reforms under the Court Approved Settlement Agreement (CASA) with APD’s Compliance Bureau.

The APD Compliance Bureaus consists of the Internal Affairs Professional Standards Division, Policy and Procedure Division, Accountability and Oversight Division, Internal Affairs Force Division and the Behavioral Health and Crisis Intervention Section. One of the major concentrations of this bureau is the ongoing cooperation with the Department of Justice (DOJ) consent decree (CASA) and its implementation of its terms and conditions. Internal Affairs deals with investigation police misconduct cases. Crisis Intervention deals with the crisis intervention teams who deal with the mentally ill. Policy and Procedures deals with the review and writing of standard operating procedures.

The staffing reported for the compliance bureau is 1 Deputy Chief, 3 Commanders, 1 Deputy Commander, 6 Lieutenants, 10 Sergeants and 40 Detectives for a total of 61 which is 6.28% of the department sworn police officers.

COMPLETION OF DOJ MANDATED REFORMS

From all appearances, and from review of all the Federal Monitor’s reports, the City and APD have completed the following mandated reforms under the Court Approved Settlement Agreement:

1. After a full year of negotiations, the new “use of force” and “use of deadly force” policies have been written, implemented. All APD sworn have received training on the policies.
2. All sworn have received at least 40 hours crisis management intervention training.
3. APD has created a “Use of Force Review Board” that oversees all internal affairs investigations of use of force and deadly force.
4. The Internal Affairs Unit has been divided into two sections, one dealing with general complaints and the other dealing with use of force incidents.
5. Sweeping changes ranging from APD’s SWAT team protocols, to banning chokeholds, to auditing the use of every Taser carried by officers and re writing and implementation in new use of force and deadly force policies have been completed.
6. “Constitutional policing” practices and methods as well as mandatory crisis intervention techniques and de-escalation tactics with the mentally ill have now been implemented at the APD Police Academy with all sworn also having received the training.
7. APD has adopted a new system to hold officers and supervisors accountable for all use of force incidents with personnel procedures implemented detailing how use of force cases are investigated.
8. APD has revised and updated its policies on the mandatory use of lapel cameras by all sworn police officers.
9. The Repeat Offenders Project, known as ROP, has been abolished.
10. Police Oversight Board has been created, funded, fully staffed and a director has hired been hired and his contract renewed.
11. The Community Policing Counsels have been created in all area command and the counsels meet monthly.
12. The Mental Health Advisory Committee has been implemented.
13. The CASA identified that APD was severely understaffed. APD has gone from 850 sworn police to now 980 and intends to add an additional 300.
14. The federal monitors 10th report issued on November 1, reported APD met 100% of CASA-established primary compliance requirements during the reporting period. Secondary compliance rates (training) were reported at 81%, up from 79% and overall compliance rates are at 63%, the same as the 9th audit report.

COMMENTARY AND ANALYSIS

It is very problematic that only 600 polices officers are assigned to the field services and the six area commands that are dispatched and handling calls for service on a 24-hour basis. Uniformed police officers in the field services is where the “rubber hits the road.”

In order to have effective community policing, far more sworn police need to be in their cars and in the neighborhoods. At least 800 sworn police need to be in field services, 200 more than the 600 now assigned. A bike patrol does show police presence, but they are limited in what they can do to respond to a major call outs miles away. Having 16 officers on bikes patrolling streets and not in cars is questionable at a time there is such a shortage of field service officers.

The staffing of the investigative bureau at 173 sworn police is also very problematic. This bureau needs to be increased to at least 210 sworn police. This is the Bureau that has the Criminal Investigations Division, the Special Investigations Division and the Scientific Evidence Division. Part of the problem is once again the sure volume of felony cases such as murder, rape, violent crimes that need to be investigated. Confidential sources say the Scientific Evidence Division is particularly overwhelmed with the processing of DNA evidence taking months, such as the backlog in rape kits, that can mean the difference between a conviction and a dismissal of serious felony cases.

INCREASE THE SIZE OF HOMICIDE UNIT

Given the sure number of homicides and the homicide clearance rate, the Homicide Investigation Unit needs to be increased from 11 detectives to at least 25 detectives. Further, given the units low clearance rate and past performance, more needs to be done with respect to recruiting and training. One problem is that it takes years of grooming through various positions, from impact to robbery and burglary detectives, as sworn police “refine” their skills. APD is in a crisis mode and it needs to concentrate on recruiting seasoned homicide detectives from other departments if necessary.

At the very least, APD needs to ask for temporary assignment of personnel from other agencies such as the Bernalillo County Sherriff’s Department or the State Police to help clear out the cases. The longer a homicide case takes to complete an investigation or is neglected because of lack of personnel, the less likely the cases will be solved and prosecuted. Adding to the crisis is the emotional toll an unsolved murder takes on the families of the victims.

NEGOTIATE DISMISSAL OF CASA

The CASA was negotiated to be fully implemented over a four-year period, and it now has been over 5 years. Under the CASA, once APD achieves a 95% compliance rate in all 3 compliance areas, the case can be dismissed. According to the Use of Force Report for the years 2017 and 2018, APD’s “use of force” and “deadly force” is down, which was the primary objective of the CASA reforms. APD has dedicated 61 sworn police, or 6.28% of the force to CASA compliance, including 40 detectives. It is likely many of the duties and responsibilities of the Compliance Burea do not have to be carried on by sworn police and could be accomplished with fewer detectives or by civilian investigators assigned to the city’s general counsel or internal audit department.

With the continued implementation of the DOJ reforms, especially those reforms involving the mentally ill, the spirit and intent of the CASA has been realized and for these reasons every effort should now be made to seek a dismissal of the federal lawsuit.

https://www.petedinelli.com/2019/05/08/ninth-apd-federal-monitors-report-filed-negotiate-dismissal-of-casa/

PROMISES MADE; PROMISES NOT KEPT

Tim Keller campaigned to get elected Mayor on the platform of implementing the Department of Justice (DOJ) mandated reforms, increasing the size of APD, returning to community-based policing and a promise to bring down skyrocketing crime rates. No at all surprising, Mayor Tim Keller has tried repeatedly to take credit for crime rates being on the decline in all categories other than gun violence offenses.

Mayor Keller and APD have initiated programs such as declaring violent crime a “public health” issue in an effort to bring down violent crime rates and gun violence. It’ painfully obvious with 72 murders this year and counting, Keller’s policy of declaring violent crime “public health” issue has not had much of an effect. As the shootings, assaults and killings continue to rise, Keller is focused on the gun violence and the city’s murder rates, but time is running out for him despite his efforts.

VOTERS ARE A FICKLE LOT

Voters are very fickle and unforgiving when politicians make promises they do not or cannot keep. After two full years, APD is now Mayor Tim Keller’s Police Department and he cannot blame his predecessor for continuing increases in our crime rates. Mayor Keller is probably realizing that after 2 years in office that governing and law enforcement takes more than just a smile, condolences, press conferences, “nuance programs” and promises to get results.

It does take very aggressive tactical plans targeting violent repeat offenders, gangs, drug dealers, and repeat property crime offenders. If the Keller APD command staff he handpicked are not getting the job done, personnel changes are in order, including asking for more than a few resignations, starting with the APD command staff.

RUNNING FOR ANOTHER TERM

On December 1, 2019, it will be a full two years that Mayor Tim Keller has been in office. APD has now grown to 980 and counting with Keller hoping to add 300 more sworn police officers. Mayor Tim Keller has made impressive strides in returning to community-based policing, implementing the Department of Justice Court Agreed Settlement Agreement (CASA) reforms, has grown the APD to what will in all likely be 1,100 officers by the end of 2020, and has spent millions to get it all done. The problem is, all of Keller’s efforts have not been enough to bring the city’s murder rates down.

If you have been given everything you want and have asked for, and then some, and then start asking for yet $30 million more from the Governor and the New Mexico legislature to “modernize” your police department, sooner rather later people demand and want results.

What is becoming increasingly concerning for voters is that all the increases in APD budget and personnel and increases and new programs at APD are not having any effect on bringing down the violent crime and murder rates. It is no longer an issue of not having the money, personnel nor resources. It is now an issue of management, or mismanagement of resources, by Mayor Tim Keller and APD Chief Michael Geier.

On November 5, election night, Keller announced he was running for another term. Notwithstanding all of the law enforcement accomplishments, the city’s violent crime rates are still at unacceptable levels. Mayor Keller has another full year before the 2021 municipal election begins in earnest in February, 2021.

Voters can expect that violent crime rates and APD will once again be major issue in the 2021 municipal election for Mayor. Voters will be demanding results and expect more than just heartfelt condolences to families of murder victims and assurances APD is doing better and getting the job done when the statistics show otherwise and Albuquerque is still a violent city.

For related blog articles see:

“Desperate Measures For Despicable Crimes” And Another Press Conference

APD Homicide Investigation Unit Overwhelmed

NM And ABQ Still Violent; Gov. MLG Creates “Fugitive Apprehension Unit” ; Crime Rates Will Be Defining Issue In 2021 Mayor’s Race

NM & ABQ Murder Rates; Training Key To APD’s Poor Clearance Rate

On Monday, November 18, New Mexico State Auditor Brian Colon announced the results of a special audit he had ordered. The audit found $2.7 million in secret settlements involving appointees of former Republican Gov. Susana Martinez. The settlements lacked proper documentation, transparency, and investigations according to the audit. Colon proclaimed the settlements an “abuse of power” by former Republican Governor Susana Martinez. According to Colon, the secret settlements were done to save the former Governor from embarrassment, protect her personal reputation, and to protect her political appointees and her political agenda.

The special audit came after revelations about secret settlements of lawsuits against state official appointees by former Republican Governor Susana Martinez. Some of the settlements were sealed until after the former Governors departure from office at the end of 2018. Auditor Colón ordered the special audit after retired New Mexico State Police Chief Pete Kassetas went public asserting that $2 million worth of settlements of claims filed against him and the Department of Public Safety were reached in the final weeks of the Martinez administration. Kassetas protested the settlements saying the claims had not been investigated thoroughly. The settlements included “gag orders” that no party to the settlements could disclose the terms of the settlements.

https://www.usnews.com/news/best-states/new-mexico/articles/2019-11-18/auditor-new-mexico-secret-settlements-were-abuse-of-power

The special audit found settlements of civil rights claims from fiscal year 2015 to the end of the Martinez Administration and the present averaged 607 days and higher. According to the audit, 18 claims were settled before Martinez left office much faster with most under 200 days. The audit also found that in a number of the settlements examined, the confidentiality periods and damages assessed for violating those agreements exceeded what is mandated by state law. The contracted state auditors reviewed the paper trail for each settlement and tried to speak with the outside attorneys hired to defend the state, along with former Risk Management Division officials and plaintiffs’ attorneys.

COLON’S CONDEMNATION OF SETTLEMENTS

The special audit uncovered nearly $3 million in legal settlements from Governor Susana Martinez’s administration that were fast-tracked, approved with little or no investigation nor documentation, and contained illegal confidentiality agreements.

During his press conference, New Mexico State Auditor Brain Colon strongly condemned the secret settlements by saying:

“This is about an abuse of power. It’s about a lack of transparency, and particularly as it relates to political appointees by our former governor. … We should never settle matters and use taxpayer dollars to protect political interest, political legacies and personal agendas. These are not anomalies that don’t matter … These are anomalies that actually represent secret payouts to protect the [fomer Gov. Martinez] administration’s reputation. … [W]hat’s truly concerning and what really is disgusting is that $2.7 million of those $5 million in settlements were done in secret without process and without a proper investigation. … There was virtually no proof in the files and in the records as to why these high dollar amounts were approved [by the Martinez administration.]”

You can review the entire Colon press conference here:

https://www.facebook.com/brian.s.colon/videos/10158016918094258/UzpfSTc0Mzc5NDI1NzozMDYwNjExMjk0OTk0MTQ6MTA6MDoxNTc1MTg3MTk5OjI1ODkzOTIwOTc2Mjg3OTg5NjQ/

QUESTIONABLE SETTLEMENTS

The outside auditing firm contracted by the New Mexico State Auditor’s office examined 18 civil rights lawsuits that were settled out of court by the Martinez Risk Management Division since 2014. According to the audit, two-thirds of $5 million worth of settlements that were “high dollar” settlements failed to follow internal controls.

Two of the settlements involved claims by State Police bodyguards assigned to protect Martinez and her husband, Chuck Franco. News media reports include that a very embarrassing audio recording of First Husband Chuck Franco was made containing accusations against the former Governor, but the recording has never been made public. A woman who filed a sexual harassment complaint against then-Chief of New Mexico State Police Pete Kassetas said that a recorded conversation between Gov. Susana Martinez’s husband and a state police bodyguard explains why Martinez kept Kassetas as chief despite several complaints about his behavior toward women. The recording of Martinez’s husband, Chuck Franco, was made by former police Sgt. Julia Armendariz, who once headed Martinez’s security detail. Armendariz, who was part of another case against Kassetas that was settled in late December, has said Martinez insisted she call Franco and record him.

https://www.lcsun-news.com/story/news/local/new-mexico/2019/06/03/new-mexico-governor-kept-state-police-chief-despite-complaints-women/1330041001/

The largest “secret settlement” involved a lawsuit filed against the Department of Public Safety and former New Mexico State Police Chief Pete Kassetas that was settled last December for $900,000. The Martinez administration also agreed to pay an additional $100,000 to resolve claims that the state violated the public records law. Allegations of inappropriate conduct by Kassetas including “mooning” employees and sexual discrimination on promotions were made against the former NMSP Chief.

https://www.taosnews.com/stories/policethree-former-state-police-officials-got-settlement-of-900k,59165

One case was settled for $200,000 within two months with no proof of investigation done by the Risk Management Division. The case was settled after a two-paragraph letter threatening to file a lawsuit was sent to the state.

The audit also reported that a 2015 settlement agreement led to a $200,000 payment to a former State Police bodyguard for Martinez which included a provision that required a repayment of a debt to a “fellow public official.” The settlement was totally inappropriate and contrary to Risk Management policy.

The audit recommends tight controls that include requiring a documented second review of any and all settlements before they are resolved.

https://www.abqjournal.com/1392910/state-auditor-alleges-abuse-of-power-in-secret-settlements.html

After the Colon press conference, New Mexico Risk Management Division (RMD) issued a statement saying:

“The Risk Management Division no longer enters into settlements with confidentiality periods that extend beyond those established by state law. … It also no longer threatens claimants with excessive monetary penalties to keep them quiet. … [State settlements] are examined thoroughly, objectively and consistently.”

It was embarrassing that New Mexico State Police Chief Kassetas for his part said about the special audit:

“The Office of the State Auditor validated the information I brought forward in a factual manner that cannot be disputed. This has always been about public corruption and exposing the fraud perpetrated against the New Mexico taxpayers.”

The comments about “exposing” things coming from the former New Mexico State Police Chief who was accused of exposing his rear end to employees is revealing.

NONDISCLOSURE PROVISIONS

When the State Risk Management Division settles a case, it denies any and all wrongdoing, and demands that the settlement makes it clear the State is agreeing to end the case as a compromise or to avoid further litigation costs. This is standard practice in most civil lawsuit settlements and common even in the private sector. The parties usually agree to avoid disparaging each other or speaking about the terms and conditions of the settlement.

Under state law, state Risk Management Division (RMD) settlement terms and conditions cannot be disclosed to the public for 180 days, or a full six months. All too often, because of language and the terms in the settlements, it is unclear which claims have been settled or when they can be released to the public.

Under the current law, the timeline for mandatory disclosure is not clear. Current State law provides that the confidentiality period can start on 4 dates:

1. The date the settlement is signed
2. The date the claim is closed administratively by the state, or
3. The date all litigation is completed or even
4. The date all statutes of limitations have run on a claim.

EFFORTS TO DISCLOSE SETTLEMENTS TO PUBLIC

During the 2019 legislative session, a bill jointly sponsored Bernalillo County Republican State Senator Sander Rue and Santa Fe Democrat State Representative Linda Trujillo calling for the state to publish settlements in discrimination claims, the agency they were lodged against and the total amount of state money paid to settle the case, including damages and attorney fees. The legislation would have required settlements paid be published on the state’s sunshine portal after a certain amount of time elapsed. General Services Department Cabinet Secretary Ken Ortiz supported the legislation. The proposal passed the New Mexico Senate, but it did not make it through the New Mexico House of Representatives.

After the end of the 2019 legislative session, Cabinet Secretary for the General Services Department Ken Ortiz announced he was working with staffers to start automatically publishing the state settlement agreements. The goal was to post all settlements online as soon as the legally required confidentiality period of 180 days (6 months) expires. Secretary Ortiz supports clarifying the law that sets the initial 180 days of confidentiality with the goal to precisely define when the 180-day period starts. Ortiz wants to make making it clear the 180 days starts on the day the settlement is reached.

https://www.generalservices.state.nm.us/riskmanagement/LCPBOverview.aspx

CONFLICTS BETWEEN DFA AND RMD

Confidential sources within the Department of Finance and Administration (DFA) reported to the Department of Finance Transitions Committee appointed by then Governor Elect Michelle Lujan Grisham that during the entire 8 years of former Republican Governor Martinez Administration, Republican defense lawyers who had the Governor’s ear, and who she considered her allies and supporters, were awarded lucrative defense contracts. The same confidential sources disclosed that there were times the previous Governor’s office would intervene and force the hiring of Republican political operatives who were attorneys and who had lost elections to judgeships be given jobs at the State Risk Management Division.

The most disturbing information provided by DFA confidential sources is that the State Risk Management Division would often block or fail to get approval of settlements from DFA. According to the confidential sources, DFA was repeatedly and essentially left in the dark about settlements agreed to be paid by RMD. The DFA was not allowed to participate in settlement discussions nor allowed to have any say in the amount of the settlements. Further, according to one source, DFA was not allowed to participate with selection of attorney defense contracts with the RMD carrying out the orders from the former Republican Governor’s office as to who was to be chosen.

COMMENTARY AND ANALYSIS

Kudos are in order to New Mexico State Auditor Brian Colon for taking appropriate steps to uncover “abuse of power” by the former Republican Governor in the manner in which millions were spent in taxpayer money to settle cases to save her embarrassment, protect her political appointees and her personal reputation. Kudos are also in order for Governor Michelle Lujan Grisham and Cabinet Secretary Ken Ortiz for working with information technology staffers to start automatically publishing the state settlement agreements with the goal to post all settlements.

New Mexico State Auditor Colón said the special audit report results have been forwarded to the state Attorney General’s Office, the 1st Judicial District Attorney’s office in Santa Fe, and the new state Ethics Commission. All three investigative agencies would be damn foolish to ignore the special audit report and not to take further action in order to prohibit such “abuse of power” an negotiating secret settlement in the future.

Notwithstanding, much more needs to be done by others, including the Governor and the New Mexico legislature. Governor Michelle Lujan Grisham should issue executive orders mandating that the Department of Finance and Administration (DFA) be given far more authority over the State Risk Management Division (RMD). In particular DFA needs to be given at a minimum some say on the final approval of all settlements negotiated by RMD as well be allowed to give input on attorneys selected to do defense work for the state. The RMD should never be used as a “dumping ground” for political operatives or cronies looking for jobs. Too much taxpayer money is at stake.

It is extremely disappointing that the 2019 New Mexico legislature failed to enact the legislation requiring the state to publish the nature of discrimination claims, the agency against whom they were lodged and the total amount of state money used to settle the allegation, including damages and attorney fees. Notwithstanding, even that legislation did not go far enough. The current state law that provides 4 separate dates when the 180 day or 6-month confidentiality period starts to run should be repealed or drastically amended by the legislature.

Six months for the public to have to wait to find out the terms and conditions of a settlement is outrageous. In the interest of full disclosure and transparency, all settlements should be posted within at least 30 days if not sooner from the date the settlement is agreed to by the parties. There should be absolutely no confidentiality clauses when it comes to settlements. It is taxpayer money and the legislature need to act in the interest of complete transparency and stop the practice of “secret settlements.”

On November 1, 2019, Federal Court Appointed Monitor James Ginger filed his 10th compliance audit report in federal court regarding the Albuquerque Police Department’s (APD) compliance with the Department of Justice mandates reforms . The audit report covers February 2019 through July 2019.

“OVERALL STATUS ASSESSMENT”

In the 10th Federal Monitor’s Audit report, the monitor reported APD met 100% of CASA-established primary compliance requirements during the reporting period. According to the audit “This means, in effect, that policy requiring compliance actions and processes are complete, and are reasonably designed to achieve the articulated goals of the CASA.” Secondary compliance rates (training) were reported at 81%, up from 79% and overall compliance rates are at 63%, the same as the 9th audit report.

The 10th report contains the following summary of the “Overall Status Assessment” in the three compliance areas:

“As of the end of the tenth reporting period, APD continues to make progress overall, having achieved primary compliance in 100% of the applicable paragraphs of the CASA. Primary Compliance relates mostly to development and implementation of acceptable policies (conforming to national practices).”

“APD is in 64% Operational Compliance with the requirements of the CASA, which means that 64% of the time, field personnel either perform tasks as required by the CASA, or that, when they fail, supervisory personnel note and correct in-field behavior that is not compliant with the requirements of the CASA.”

On November 8, 2019, the Albuquerque Journal did a very lengthy front-page story entitled “APD hits important milestone in DOJ reforms”. The Journal article glossed over the “Counter CASA effect”, which is where APD sergeants and lieutenants resist the reforms mandated under the settlement agreement. The link to the Journal article is here:

https://www.abqjournal.com/1388829/apd-hits-important-milestone-in-doj-reform.htm

JOURNAL TELLS APD TO “PRACTICE WHAT YOU TEACH”

On November 16, the Albuquerque Journal published its editorial on the Federal Monitors 10th compliance report as follows:

“It is an important milestone that less than five years into federally mandated reforms, the Albuquerque Police Department is officially 100% compliant in rewriting and promulgating its policies.

So yes, APD deserves credit for a job well done rewriting all of its policies and procedures. But that 100% means nothing if the policies and procedures are not implemented or followed. Geier and his top brass need to make that happen before the reform process is declared a success.”

The link to the editorial is here:

https://www.abqjournal.com/1392166/apd-has-to-practice-what-reforms-preach-to-make-a-difference.html

COUNTER CASA EFFECT

It was on September 10, 2018, at a status telephone conference call held with US District Court Judge Robert Brack who at the time was presiding over the Court Approved Settlement Agreement (CASA) reforms that Federal Monitor Dr. James Ginger first told the federal judge that a group of “high-ranking APD officers” within the department were trying to thwart reform efforts.

The Federal Monitor revealed that the group of “high-ranking APD officers” were APD sergeants and lieutenants. Because sergeants and lieutenants are part of the police bargaining unit they remained in their positions and could not be removed by the Chief. APD Chief Michael Geier also reported last year to Judge Brack that he had noticed some “old-school resistance” to reforms mandated by the CASA. At the time, Chief Geier reported he replaced a number of commanders with others who agree with police reforms. However, Chief Geier reported he could not replace the sergeants nor lieutenants who were resisting the reforms because of the union contract.

Federal Monitor Ginger referred to the group as the “Counter-CASA effect”.

The APD Union was not a named party to the original civil rights complaint for excessive use of force and deadly force filed against the city by the Department of Justice (DOJ). Soon after the DOJ initiated the federal lawsuit against APD and the City, the APOA police union intervened to become a party to the federal lawsuit in order to advocate for union interests in city policy and changes to the “use of force” and “deadly force policies.”

The Police Union, despite public comments of cooperation and comments made to the court, have never fully supported the agreed to reforms. The Police Union contributed significantly to the delay in writing the new use of force and deadly force policies.

The union leadership has always been at the negotiating table. For a full year, the police union was involved with the drafting of the “use of force” and “deadly use of force” policy. The union contributed to the one-year delay in writing the policies objecting to many provisions of the policies. The police union repeatedly objected to the language of the use of force policy asserting the policy was unreasonable. This was evidenced by the monitors claim that submitted use of force policies were missing key components and the monitor saw 50-plus changes needing to be made to satisfy union objections.

The union leadership has attended and has sat at counsel table during all court hearings and the Federal Monitor presentations on his reports. During all the Court proceeding where the federal monitor has made his presentation to the federal court, the APOA union has made its opposition and objections known to the federal court regarding the “use of force” and “deadly force” policies as being too restrictive with rank and file. The union has repeatedly claimed rank and file cannot do their jobs even with training on the policies. The major contribution the police union has provided to the reform process is interference, obstruction and delay of the reforms.

What is very problematic is that no one knows for certain to what extent the union is influencing the actions of the sergeants and lieutenants to resist the implementation of the CASA reforms that the union opposes. During the August 20, 2019 hearing Union President Willoughby made it clear the union membership “hates” the CASA, feels the reforms are “a hard pill to swallow” and that they believe “all change is hard”. Willoughby went so far as to say the rank and file are afraid to do their jobs for fear of being fired when he knows they can only be fired for cause and guaranteed personnel rights and procedures.

COMMENTARY AND ANALYSIS

One sentence in the Albuquerque Journal editorial sticks out that identifies the biggest problem affecting implementing the reforms :

“These mid-level supervisors (who bizarrely are in the same union as the rank-and-file they supervise) serve a crucial role in the broader ecosystem of the department, and APD needs buy-in from every one for the community to have any confidence constitutional policing will be standard operating procedures next week, next month and next year.” The people the Journal were referring to are the APD sergeants and lieutenants.

According to the Federal Monitors 10th report:

“Sergeants and lieutenants, at times, go to extreme lengths to excuse officer behaviors that clearly violate established and trained APD policy, using excuses, deflective verbiage, de minimis comments and unsupported assertions to avoid calling out subordinates’ failures to adhere to established policies and expected practice. Supervisors (sergeants) and mid-level managers (lieutenants) routinely ignore serious violations, fail to note minor infractions, and instead, consider a given case “complete”.

All APD police sergeants and lieutenants are clearly part of police management and chain of command and should not be a part of the union. APD Police sergeants and lieutenants cannot serve two masters of Administration Management and Union priorities that are in conflict when it comes to the CASA reforms. The police union refuses to acknowledge or agree to removal of the sergeants and lieutenants from the bargaining unit knowing it will eliminate the unions ability to influence them in management and it will reduce the size of the dues paying union membership.

The police union has never articulated in clear terms exactly what it is about the reforms that are keeping rank and file from “doing their” jobs and “why they hate” the CASA as articulated by the union president. It’s likely the union feels what is interfering with police from doing their jobs is the mandatory use of lapel cameras, police can no longer shoot at fleeing cars, police can no longer use choke holds, police need to use less lethal force and not rely on the SWAT unit, police must use de-escalating tactics and be trained in crisis intervention, and management must hold police accountable for violation of standard operating procedures.

JOUNRAL IGNORES KELLER ROLE IN DOJ REFORM EFFORT

The November 16 editorial was published with a color photograph of Chief Michael Geier. The editorial noted how the Federal Monitor gave a significant amount of credit to the Chief Geier and his “leadership cadre [for hitting] the mark solidly on the policy front” and giving APD credit for achieving 100% compliance in rewriting and promulgating its policies. Conspicuously absent from the editorial was the name Mayor Tim Keller. No credit whatsoever was given by the Journal to Mayor Tim Keller for his role in selecting the “leadership cadre.” City hall confidential sources confirmed that Mayor Tim Keller handpicked virtually all of the Deputy Chiefs based on their commitment to the DOJ reforms.

Two years ago during his campaign for Mayor and then soon after being elected Mayor, Tim Keller said publicly and to the federal court he was fully committed to the implementation of the DOJ reforms and Keller appointed Chief Geier. Keller also recognized that he fully understood that his success as Mayor would be judged on the implementation and success of the DOJ reforms, rebuilding a decimated agency, return to community-based policing and reduce the city’s crime rates. Mayor Keller now needs to be given credit for the amount of progress that has been made by APD with the reforms.

REMOVE SERGEANTS AND LIEUTENANTS FROM UNION

During the next round of union contract negotiations, Mayor Keller should see to it that the city management positions of APD sergeant and lieutenant be removed from the APOA Union bargaining unit. Further, the Keller Administration should seek to have the APOA Union removed as a party to the federal lawsuit, the consent decree and CASA negotiations. What complicates things for Mayor Keller is that he accepted the Police Unions endorsement in 2017 when he was running. Now that he made it known on Nov 5 during the election night radio coverage that he is running for another term, he will likely want the police union endorsement again.

The very last thing APD management and Mayor Keller needs is for sergeants and lieutenants to passively but deliberately oppose the reforms by acting as union operatives as opposed to management, which ostensibly is still happening based on the 10th Federal Monitors Report filed on November 1, 2019.

Sergeants and lieutenants need to be made at will employees and removed from the union bargaining unit in order to get a real buy in to management’s goals of police reform and the CASA.

Otherwise, APD and Mayor Tim Keller will continue to deal with the APD Union version of the “Counter-CASA Effect” and it will take years to get APD in compliance with all of the reforms costing millions more to be paid for audits that report that APD is not in compliance.

KRQE News 13 did an alarming report regarding how one family living in a neighborhood have wreaked havoc for years on the entire neighborhood. The problem residence is in the Wells Park neighborhood. The havoc does not include just loud parties, loud music at all hours and suspicious persons. The havoc includes two SWAT standoffs, physical threats of neighbors, a family member who lives in the residence shooting a neighbor after an argument and even threatening a Channel 13 news crew. Two of the family members who live at the residence were involved in an officer-involved shooting with State Police near Lomas and Washington in May and both are behind bars awaiting trial. The Channel 13 report centered on the neighborhood’s complaints that the city for years has not done enough to help.

The link to the Channel 13 report is here:

https://www.krqe.com/news/albuquerque-metro/after-years-of-troubles-with-one-family-city-steps-in/

The neighbors told KRQE News 13 the family hasn’t been the best of neighbors, an understatement if there ever was one. The neighbors feel they’ve been caught in the middle of the family’s problems for years. One neighbor who was interviewed refused to have his face filmed or go on camera out of fear and said:

“You wouldn’t want to have them for a neighbor. They disrupt the whole neighborhood. … They think they can do whatever they want and they’re above the law. I just want to see decent neighbors.”

CITY’S “ADAPT” PROGRAM

The city officials are now saying they are trying to find a solution. According to the city, it added the problem residence last month to its new ADAPT program. ADAPT stands for “Addressing Dilapidated and Abandoned Property Team”.

The ADAPT Program has replaced the Safe City Strike Force . The ADAPT program was started in July by the Keller Administration. Mayor Tim Keller’s new ADAPT program supposedly relies on new data to target the worst 100 properties. The goal of the ADAPT program aims to get dilapidated and crime-riddled homes a fresh start. The program is part of the Fire Marshal’s office.

Under the ADAPT program, city officials meet with homeowners to address crime and code enforcement problems in hopes of turning things around. According to the city, it has 124 properties enrolled in the ADAPT program and the city claims 96% of those property owners are working to fix the problems.

According to Albuquerque Fire Rescue spokesperson Lt. Tom Ruiz:

“The whole premise of the ADAPT program is to help the property owners, not punish them.”

Some of the Wells Park neighbors are not at all convinced this will be enough and said the city has given the owners of the problem residence way too many chances. Others are hopeful the city actions could finally bring some peace and quiet to their neighborhood.

COMMENTARY AND ANALYSIS

It is very difficult comprehend how the city ADAPT program is going to be able to reason with anyone who shoots at their neighbor, where SWAT needs to be called out and where 2 family members have been involved with and officer-involved shooting with State Police. It extremely doubtful that any pressure placed on such neighbors by the Fire Marshal’s office threatening to take civil code action will change their conduct. Instead of trying to help the property owners who have terrorized a neighborhood and give them a fresh start they should be evicted from the property by a court order.

The ADAPT program is nothing more than extensively watered-down version of the Safe City Strike Force that worked so well for 8 years. The biggest differences with the ADAPT program and the Safe City Strike force is that the Strike Force had upwards of 45 for staff, including APD detectives and APD’s code inspection teams and the resources to review between 75 to 100 residential properties a week. The Strike Force had the staff to take aggressive code enforcement actions to declare properties a nuisance and filed actions in State District Court for civil injunctions and court orders for clean ups. The Safe City Strike Force was highly successful because the City Attorney’s Office was in charge and would take legal action.

Confidential sources within City Hall have said that Mayor Tim Keller felt the Safe City Strike Force had a too “aggressive sounding title”, he and others did not like it as fitting into his “ONE Abq” slogan and the city wanted to soften the approach to nuisance abatement. Confidential sources have also said Mayor Keller’s previous Planning Director made it known to the housing code inspectors he felt housing code inspections and posting residential homes as “substandard” was not a priority. The former Planning Director was reluctant or refused to allow inspectors to file misdemeanor charges as was done in the past.

ADAPT TO YOUR PROBLEM NEIGHBORS

ADAPT conveys the message that city residents need to accept or adapt to dealing with a criminal element living next door to them wreaking havoc. What Keller fails to understand is that for residential property owners who feel the sting of crime in their neighborhoods and living next door to magnets for crime, a slogan of One ABQ is meaningless when their own quality of life is affected, not to mention a reduction in property values. But then again when it comes to Mayor Tim Keller, slogans, images and press conference appear to be all that is important to him. On more than one occasion he has appeared on TV news casts to take credit for “teardowns” done by the city.

In his first budget ever submitted, Mayor Tim Keller made a firm commitment to reinstate the Safe City Strike Force when he requested $3.9 million for the city’s Code Enforcement Department and the Safe City Strike Force in the adopted 2018-2019 budget. $1.5 million in additional public safety spending was added by the city council. The Safe City Strike Force and the Planning Department received a funding bump of $425,000 for the 2018-2019 fiscal year. $125,000 was allocated to hire two additional code enforcement specialists. $300,000 was allocated to secure or demolish neglected structures.

In the 2019-2020 approved City budget, a mere $711,000 is allocated for Mayor Keller’s “Addressing Dilapidated and Abandoned Property Team” (ADAP) Program. Mayor Keller with his new “ADAPT” program has dissolved the Safe City Strike Force and failed to follow through on his funding of the Safe City Strike Force contained in the 2018-2019 fiscal budget.

ADAPT is essentially a “passive aggressive” approach now being done by the Fire Marshal’s Office. ADAPT is a somewhat clumsy approach, or an inept approach, which will not work, or have little success when dealing with felony conduct, meth labs, crack houses, magnets for crime, and nuisance properties. But hey, at least it does not sound too aggressive to fit into a “ONE Abq” slogan as we all must ADAPT to our nuisance neighbors making us miserable.

For more on Safe City Strike Force see:

City’s Failure To Act On Nuisance Properties Inexcusable; Mayor Keller Reneges On Reinstating Safe City Strike Force With “ADAPT”

Strike Force Cleaned Up Central and Made City Safe

Just a few days after the murder of a Sandia High teenager at a homecoming party, Albuquerque City Councilors Trudy Jones, Ken Sanchez and Brad Winter announced a proposal to renew and finance APD’s “party patrol” program that existed in the early 2000’s but was discontinued in 2007. The 3 city councilors proposed allocating $150,000 to provide funding and to renew the party patrol program. There have been at least 20 shootings related to parties in Albuquerque this year.

https://www.kob.com/albuquerque-news/albuquerque-city-councilor-wants-to-bring-back-regular-party-patrols/5512395/

On October 21, on a 7-2 vote, the Albuquerque City Council voted to give the Albuquerque Police Department (APD) $280,000 in general fund funding for what they labeled as the “Party Intervention Team” (PIT) insisting the Party Patrol (PP) was not being brought back. Voting YES for the measure were Democrat City Counselors Pat Davis, Ken Sanchez, Diane Gibson and Republicans Brad Winter, Trudy Jones and Don Harris. Voting NO were Democrat City Councilors Isaac Benton and Klarissa Peña saying that APD did not fully outline the program’s details The “new program” is meant to combat underage drinking, drug use and high school party violence.

The city councilors who supported the measured assured citizens that the program would not traumatize and criminalize youth. City Councilors who voted for the measured stressed that PIT was not the same as the “party patrol” APD operated in the early 2000’s.

According to the language of the PIT funding bill, the city “is committed to identifying youthful offenders who need assistance and rehabilitative efforts that will reduce the likelihood of recidivism, rather than triggering a cycle of involvement in the criminal justice system or creating a school-to-prison pipeline.”

The goal of the “PIT” initiative is to end underage party goers and underage drinking and refer them to a rehabilitative program. An APD spokesman indicated that the threat of a citation may be the leverage the city uses to get young people into a diversion program. An amendment to the bill that the counsel past directs APD to consult with APS, youth advocates and community partners to develop PIT program.

Councilor Diane Gibson called the PIT program “a kinder, gentler version of what we think of when we think of ‘party patrol’ .

Mayor Keller’s Chief Administrative Office Sarita Nair said:

“We remember the days the APD officers would line up the kids and hand out the minor-in-possession citations. That is not something we want to do. … We remember when those citations were then referred to Albuquerque Public Schools and those kids had trouble participating in sports. That is not something we want to do.”

Mayor Keller for his part said after the Council vote his administration does not want to repeat past mistakes and said:

“Our Party Intervention Team will break up unlawful parties to keep kids safe from violence and hold parents and homeowners accountable for contributing to dangerous incidents … We worked with the City Council and the community to fix issues from past approaches.”

Speakers attending the City Council meeting requested the council to defer the vote until they were given feedback directly from young people. Omar Torres, age 26, who attended the meeting said:

“If we want to have something that’s going to affect young people, we should have young people having some input into what’s going on – that’s just like a basic one-plus-one for me.”

https://www.kob.com/albuquerque-news/city-council-approves-funding-for-quotparty-patrolsquot/5530603/?cat=500

https://www.abqjournal.com/1381365/council-approves-280k-for-party-intervention.html

HISTORY OF APD PARTY PATROL

City Councilor Brad Winter is credited for starting the Party Patrol in 2001. At the time, Winter was an assistant principal at La Cueva High School. As a City Councilor, he went to APD when he heard there was a lot of underage drinking happening around the city.

The original APD “Party Patrol” used federal and city council appropriations to pay 12 police officers overtime every Friday and Saturday night to check out calls about loud parties. The dozen officers were broken up into two teams, one for the East Side and one for the West Side. When a person called 911 and complained about a loud party, APD would dispatch the Party Patrol and APD would go straight to the party to see if there was underage drinking. APD would issue the kids “minor in possession of alcohol” citations and arrested the homeowner for giving alcohol to minors.

APD went so far as to advertise the Party Patrol and bought billboards, took out radio commercials and used a “hearse” to advertise that the Party Patrol was going to be out. In its advertising APD used the phrase “Party Meet Poopers” and showed a police officer or an APD badge with the words Party Patrol on it.

The party patrol became very controversial. Critics of the party patrol program objected to the early practice of citing all underage kids at a party, regardless of whether they were drinking or in possession of alcohol. APD eventually stopped the practice. In 2007, a civil rights lawsuit was filed and a federal judge ruled that party patrol officers who entered a home without a search warrant had violated the owner’s constitutional rights.

At the height the program, the Party Patrol was giving out about 2,000 citations a year. The Party Patrol busted up hundreds of parties, wrote thousands of citations and the affect was teenagers were scared to go out drinking. Eventually, the APD party patrol was stopped in part because of the federal lawsuit and in part a victim of its own success. Program funding stopped and there were not enough officers to assign to it.

https://www.koat.com/article/do-cops-need-to-become-party-poopers-again/29357535

COMMENTARY AND ANALYSIS

If only Albuquerque was the same as it was from 2001 to 2007 when the Party Patrol first existed and violent crime was down and one of APD’s biggest worries was underage drinking at high school homecoming and graduation parties. Albuquerque’s biggest worry in 2019 and going into 2020 is drugs, gangs and gun violence. A ‘kinder and gentler version” of the Party Patrol and calling it the Party Intervention Team (PIT) is not going to cut it. You also have to wonder what is Mayor Keller’s definition of “unlawful parties” in a private residence?

The City Council and Mayor Keller are kidding themselves if they believe that the problem is alcohol use by high school teenagers. Its drugs. Bringing back a very watered-down version of the “Party Patrol” from nearly 20 years ago and calling it the Party Intervention Team (PIT) sounds good but is not going to accomplish much in the long run with a $280,000 allocation to APD. This is one APD tactical plan that should not require a special allocation from the City Council, but one that should be easily absorbed by APD’s $710 million dollar a year budget with a Mayor’s Executive Order.

In recent months before civic groups such as the National Association of Industrial and Office Parks (NAIOP), the Economic Forum and the Albuquerque Bar Association, Mayor Tim Keller has produced charts, graphs and statistics showing that violent crime is indeed in all parts of the City and not confined to any particular area of the City. One chart used is a series of red dots showing crime sites and reflects the city literally bathed in red dots throughout.

Crime may be down according to FBI some statistics, but the crime rates have gotten so out of control that even after progress of reducing our crime statistics they are still extremely high. Albuquerque still has some of the highest crime rates for murder and violent crimes in the country. Yet the city council believes a “PIT” program is going to protect our kids from getting killed at parties.

The Keller Administration and Chief Michael Geier have said they would not revive the party patrol, which had mixed results and resulted in civil rights violations. Chief’s Geier’s reluctance is noteworthy because 19 years ago he was the APD Captain in charge of the party patrol, and although he defended its work at the time, he does understand how it operated and more importantly its weaknesses.

The Albuquerque Public School System (APS) has its own police force employing many retirees and former law enforcement officials assigned to the individual schools. You would think APS security would know the students and have insightful information about high school parties. If there is a high school party problem involving alcohol use, APS could initiate its own Party Patrol Program during homecomings and graduation season.

APD staffs police officers to the schools. The Albuquerque Public School System and APS Security along with APD assigned to the schools could implement a “Party Intervention Team” to deal with high school homecoming parties, graduation parties and other high school related parties involving the individual schools.

For a related blog article click on the below link:

https://www.petedinelli.com/2019/10/08/apd-party-patrols-no-solution-to-teenager-murders-gangs-and-drugs/

On November 11, 2019, United States Attorney General William Barr flew into little old Albuquerque all the way from Washington, DC to bless us all with his presence just to do us all big favor and hold a very short press conference to announce he was saving us from ourselves. The news conference was held in the main conference room on the 4th floor of the Albuquerque Police Department (APD) main offices. The conference room is literally separated by a door to a hallway to APD Chief Michael Geier and his Deputy Chief offices, yet they were not extended invitations to attend the press conference.

https://www.koat.com/article/ag-william-barr-in-albuquerque-to-highlight-recent-fugitive-arrests/29776243

OPERATION TRIPLE BEAM

The purpose of the afternoon press conference was to announce the conclusion of a three-month fugitive apprehension operation. AG Barr also pledged continuing efforts to attack violent crime in Albuquerque.

Barr labeled the joint law enforcement initiative as “Operation Triple Beam”. It was a 90-day campaign that ended Oct. 31. According to Barr, Operation Triple Beam” was seen as “preparing the field for these efforts that will be coming in the weeks ahead”. The Department of Justice (DOJ) is targeting Albuquerque and other cities with the highest crime rates around the country by taking action against felony fugitives. Operation Triple Beam began in 2011. It has already been executed in the cities of Salinas, California, Wichita, Kansas, Roanoke, Virginia, Montgomery, Alabama and Houston, Texas.

According to news reports, Barr was blunt when he said:

“I don’t think it’s a secret to anyone here that New Mexico and Albuquerque specifically are experiencing a violent crime crisis. … Unlike many cities in the United States that have seen violent crime rates fall, the violent crime rates in Albuquerque remain stubbornly high. … In the months ahead, the federal government is going to be stepping up our efforts to work closely with our state and local partners to ratchet up the attacks on violent crime.” Saying violent crime is down in many cities and states throughout the U.S, Barr blamed New Mexico criminal laws as weak and saying people suspected of violent crimes often walk out of jail right after they’re arrested.

U.S. Marshals Service Director Donald Washington said for his part the goal of “Operation Triple Beam” in Albuquerque was:

“to target gang-related fugitives fueling the violent crime. The objective was to take the worst of the worst off the streets of your city. … At the end of the operation, we worked collaboratively with our federal, state and local partners to identify high priority targets as we focused on the worst of the worst.”

https://www.abqjournal.com/1390633/attorney-general-barr-will-ratchet-up-fight-on-violent-crime-in-albuquerque.html

According to the United States Attorney’ Office for New Mexico, “Operation Triple Beam” resulted in 327 people being arrested on state, local or federal warrants, including 59 absconders from probation and parole, 10 people wanted on homicide warrants, 20 people wanted for weapons offenses, 13 for sex crimes, 50 for assault and 91 on narcotics charges. It was not made clear on what charges 84 were arrested.

A few months ago, the Bernalillo County Sheriff’s Office conducted six patrol saturation operations in the Southeast Heights as part of the effort. By all reports it was a success. The operations drew severe criticism from some in the community at the time. The BCSO operation was conducted at the direction of Sheriff Manny Gonzales and were not conducted in coordination with the Albuquerque Police Department.

BARR ATTACKS NEW MEXICO CRIMINAL JUSTICE SYSTEM

When discussing what drives violent crime in Albuquerque and New Mexico, Barr said:

“[New Mexico has] very weak law enforcement systems. Statewide, judges have ordered the pretrial detention of more than 2,000 people charged with felony crimes during the past two years. … Without bail reform, those dangerous defendants could have quickly returned to the streets by buying a money bond.” Apparently, AG Barr was attacking the bail bond reform enacted 3 years ago by New Mexico voters.”

NEW MEXICO BAIL BOND REFORM

On November 8, 2016, the “New Mexico Denial of Bail Measure” was approved by New Mexico voters by a landslide vote.
The Constitutional Amendment amended the New Mexico Constitution to change the conditions under which a defendant can be denied bail and not released from custody pending trial. The Constitutional Amendment was designed to retain the right to pretrial release for “non-dangerous” defendants.

Before passage of the amendment, a defendant’ s bail and release from jail pending trial on charges could be denied:
1. Only for a defendant charged with a capital felony, or
2. A defendant has two or more felony convictions or
3. A defendant is accused of a felony involving the use of a deadly weapon if the defendant has a felony conviction in New Mexico.

The adopted amendment changed these requirements, allowing bail to be denied to a defendant who has been charged with a felony only if the prosecutor can prove to a judge that the defendant poses “a threat to the public.”

The adopted amendment also provides that a defendant who is not a danger to the community or a flight risk cannot be denied bail solely because of the defendant’s financial inability to post a money or property bond.

The final vote was 87.23%, with 616,887 voting YES and 12.77%, with 90,293 voting NO.

https://votesmart.org/elections/ballot-measure/2076/a-joint-resolution-proposing-an-amendment-to-article-2-section#.XNyEJo5KiUk

The 2016 bail bond reform is now under serious attack. Many, including Bernalillo County District Attorney Raul Torrez, make the argument that the bond reform went to far and that it is too difficult for prosecutors to prove that a defendant poses “a threat to the public” resulting in the court’s having no option but to release defendants until pending trial.

GOVERNOR CREATES FUGITIVE APPREHENSION UNIT

AG Barr apparently thinks Trump’s US Department of Justice are the only ones capable of apprehending fugitives and that New Mexico law enforcement and elected officials do not know what they are dealing with, something that shows his ignorance.

On October 30, 2019, in part because of the success of the New Mexico State Police surge in Albuquerque in May, which resulted in 738 arrests for felony or misdemeanor warrants, Governor Michelle Lujan Grisham ordered the creation of the “Fugitive Apprehension Unit” to apprehend hundreds of criminal defendant’s across New Mexico who have not shown up for court hearings or wanted on bench warrants.

The Fugitive Apprehension Unit will consist of State Police officers and state Corrections Department staffers. The unit will work with local law enforcement officials around New Mexico to track down and arrest people charged with committing violent crimes. According to the New Mexico Administrative Office of the District Attorneys, there are more than 1,600 outstanding bench warrants for people charged with violent crimes.

Governor Lujan Grisham created the Fugitive Apprehension Unit by executive order. The unit will be made up of 7 State Police officers and 7 Corrections Department staffers. Everyone team member must have a clean background with no significant disciplinary actions. Team members will be selected from different parts of the state in an effort to avoid affecting day-to-day operations. The unit will be required to make monthly reports to the Governor’s Office documenting its arrests. The executive order also instructs other executive branch state agencies to cooperate with the special law enforcement unit by providing requested information and assistance.

In announcing the “Fugitive Apprehension Unit”, Governor Lujan Grisham had this to say:

“Our justice system is undermined when people accused of serious criminal offenses evade prosecution. We need to explore every avenue for increasing public safety in New Mexico; we need to be smart on crime while being tough on crime. By deploying these resources in a targeted fashion and continuing to work hand in hand with local jurisdictions, the state can make meaningful strides toward reducing crime in our communities and ensuring high-profile violent individuals are brought into the judicial process.”

COMMENTARY AND ANALYSIS

During his press conference, Barr was surrounded in a packed conference room by dozens of states, federal and local law enforcement officials, including BCSO Sherriff Manny Gonzales who also spoke. Conspicuously absent were District Attorney Raul Torrez, APD Chief Michael Geier and his Deputy Chiefs, Mayor Tim Keller, the Chief of the New Mexico State Police Tim Johnson and Governor Michelle Lujan Grisham.

It turns out that DA Torrez, Mayor Keller, Chief Geier, the NM State Police Chief and the Governor were not even given the courtesy of an invitation to the press conference. What is surprising is the location of the press conference being held at the APD main office headquarters building at 5th and Marquette where BCSO offices are also located. The United States Department of Justice and the offices of the United States Attorney for New Mexico have “Class A Office” space in Downtown Albuquerque at the Hyatt Regency Office Tower with some of the most secure offices in the city, yet Barr decided to have his press conference at a jointly owned city-county facility free of charge.

It is not at all likely that AG Barr does not know who Mayor Tim Keller is nor Chief Michael Geier are seeing as APD and the Department of Justice are engaged in a 5 yearlong effort to reform APD after a federal investigation found in 2014 a “culture of aggression” and that APD engaged a practice of “deadly force” and “excessive force” against citizens. Both Barr and U.S. Attorney John Anderson for the District of New Mexico said they had seen progress with the DOJ reforms and are pleased with the efforts of the mayor and the chief in the reforms, a message he should have said to both face to face

According to a Channel 7 Report, the head of the U.S. Marshals in New Mexico said Mayor Tim Keller was not invited. KOAT did try to interview the Mayor Tim Keller about not being invited, but Keller surprisingly declined to talk about it on camera. Instead, the Mayor’s office issued a statement that said in part, “Fighting crime is a top priority and the mandate from local residents is for community policing and long-term partnerships.” The statement should have announced the city was also sending Barr a bill, like he did Trump recently, for use of the APD’s Chief’s conference room and make it clear to Barr the next time he comes to visit Albuquerque for a photo op press conference to disparage the city and state, he can use his own DOJ office space an conference room.

https://www.abqjournal.com/1390633/attorney-general-barr-will-ratchet-up-fight-on-violent-crime-in-albuquerque.html

Before United States Attorney General William Barr flies again into Albuquerque for a photo op, it is strongly recommended that United States Attorney for New Mexico John Anderson brief him and try to educate him on manners and on the people Anderson has to work with on critical law enforcement issues and what is being done. Otherwise, Barr will continue to embarrass Anderson and the Department of Justice with his sure arrogance coming to New Mexico proclaiming how he is saving us from ourselves.