The Piercing Truth

This is right from the dictionary and seems to describe Albuquerque, Berry and Schultz. Fascism (f ash ,izem) noun An authoritarian right wing system of government and/or social organization. (in general use) extreme right wing, authoritarian, chauvinistic and/or intolerant views or practices. Fascism tends to include a belief in the supremacy of one group over another, national, ethnic, especially social strata or monetarily; a contempt for democracy, an insistence on obedience to a powerful leader, and a strong demagogic approach. Compliments of one of our Eyes

Jun 30, 2008

Advance Notice

Sunday's Albuquerque Journal featured an above the fold special report by reporter T.J. Wilham with the bold headline "Contempt of Cop" (subscription). The story, no doubt inspired by the recent clash between KOB TV photographer Rick Foley and APD Officer Daniel Guzman, focuses on City Ordinance 12-2-19 - Resisting, Obstructing, or Refusing to Obey an Officer.

Oddly enough, this post has very little to do with the content of the Journal's story which could be boiled down to police officers have the authority to give you a lawful order and you are compelled to do so. Sometimes officers misuse the authority, often the charges are coupled with other charges, many times there is a plea bargain or the charges are dismissed outright. There's really not much of a story there but it did have an almost immediate effect - at least on Officer Daniel Guzman.

Our Eyes tell us that Saturday night before Wilham's story ran - Officer Guzman was relieved of duty shortly after he arrived for his shift. Some of you may be thinking "good he got what he deserved" which may or may not be true. Our problem is that no one has made a determination as to whether or not Officer Guzman had given the KOB TV photographer a lawful order - not a judge, not the IRO, no one.

Nothing had changed with regard to Guzman's case or the story itself except that the Journal was getting ready to run a front page story Sunday morning. The move by the 5th floor to suspend Guzman smacks of advance notice by the Journal or its reporter T.J. Wilham, and a preemptive strike by Chief Schultz and company - which makes us wonder who's really running APD.

It strikes us that the APD brass is acting as rashly and precipitously as Officer Guzman appears to be on tape. Making the decision to suspend an officer based on a news story (which is how this looks to us) is reactive and irresponsible.

Perhaps the 5th floor should consider some leadership training as organizations tend to take on the attributes of their leaders for good or ill. If officers are getting into trouble, if officers are showing a lack of patience when dealing with the public, the blame rests squarely with their leaders. Those leaders reside on both the 5th and 11th floors.

41 comments:

ched macquigg said...

justice delayed is justice denied.

this should have been settled
one way or the other
long ago

Anonymous said...

That's awful news. Guzman, if you read this, APD screwed up. You were made an example and for the wrong reasons. I am very disappointed in how all this played out. What a disservice.

Anonymous said...

As Schultz said, let the courts figure it out.

Lynn said...

If you wouldn't say it in person, don't say it online. Delete cyberbullying. Public service announcement.

Anonymous said...

That is such bull sh&^ by the 5th floor, if it is true. The officer didn't deserveto be fired, there's a lot worse going on at APD.

Anonymous said...

Whew .... Thank goodness! Guzman DID deserve to be punished just like he punished a law abiding cameraman. .... I hope some of the other "bad apples" on the force are on the list for attitude adjustments too! .... Finally, Good call Ray!

Anonymous said...

The eye has it correct. TJ has a direct line to Schultz and Schultz provides TJ with info against cops and TJ does the same for Schultz. The two work together to make each other look good by screwing the hard working cops!

It is correct though that the APD Officers are a direct reflection of the 5th floors management style!

Look at all the problems APD had during the Gallegos administration when Chief Gallegos was lying and dating the girls that were stealing money and drugs from the evidence room. His deputy Chief's were all having affairs and some were accused of rape. All covered up by Bakas and Mayor Chavez.

Anonymous said...

he wasn't fired just put on leave.

Anonymous said...

Good job APD brass.

I don't care what this looks like, Guzman needed to be canned. The only thing wrong with this was that it didn't happen sooner, so he could draw a paycheck to help pay for his upcoming move outta here!!!

He ain't cut out for this town, but I'm sure he'll find a job in a smaller town, where the press doesn't have video cameras. At least there he can beat up all the reporters he wants without fear of being recorded.

Anonymous said...

Thats too bad, It is a shame that T. J. Wilham is the go to boy for both law enforcement agencies in this city. Both Ray and Darren know that T.J. will write the story as they want it written. It seems that he is given stories before other agencies in an effort to do damage control. I read the article and was surpised at how poorly it was written. Why not give us the actual numbers instead of percentages. How many of those people were intoxicated and how many of those people felt that it was ok to violate other peoples constitutional rights? I can write a story to make you lean to the right or to the left depending on what type of view I want you to see. Examples of charges gone bad direct from T.J.'s perspective. Was he told the facts of the case while stuffing his face at CAPO's? And cudo's for interviewing one of the biggest ambulance chasers in the business, (that would be Twohig) Of course it is contempt of cop in his eyes. The more people that read the story and feel they have been wronged think of dollar signs and give Twohig a call. The administration needs to wake up and realize that more and more officers are starting to take on the attitude that they get paid the same if they arrest 1 person a month or 100. If you fail to support those who make you look good, we can also make you look bad as well. Who will they turn to when crime goes up? The Mayor? The Chief? Yup, you guessed it. Oh, but I guess they will just ask T.J. to write a story and pitch it to the public in a manner that makes it seem like it's just not that bad.

Anonymous said...

Watch how TJ will write a BS story saying we have our 1100 officers when we all know in the field how extremely short we are. TJ won't report how bad response times have become now that we are on 5/8's or that the 5/8's are failing badly. He just writes what the chief gives him. TJ has become the chiefs puppet boy! He can not be trusted!

Anonymous said...

Guzman wasn't fired just put on leave till all this calms down a bit. Dont break out the champagne just yet you anti cop assholes!

Anonymous said...

Wow

Anonymous said...

TJ wrote a great story! Unfortunately, APD has been trained to disregard the constitution and because of that, their actions don't go un-noticed by those who can read, and know what it says. The harvest is ripe and APD is now producing fruits from their lawlessness and taking advantage of others. It’s good the general public hear about what is going on concerning our great city and how citizens are being policed and governed. Articles like this help to make right what has been going wrong pertaining to the deception of "safety" and "protection" our police department wants us to believe they are giving. Nobody likes it when they find out they have been made to be a fool, and the Albuquerque citizens have a right to know how their tax dollars are being spent. I’m sure more information will be made available in the future.

ched macquigg said...

If as many citizens read the "eye" as read the Journal, community support and outrage would enable the changes necessary in the police department.

The truth can be printed in the journal. for about 8 grand you can buy a full page ad, and a lawyer to help you keep the journal from censoring the ad.

I'll chip in for the ad.

But someone else has to grow the pair it will take to pull in all together.

Perhaps the "eye" could hold the funds. buy as big of an ad as you can afford.

If no one chips in, donate what is donated, to some charity, and then give up.

You folks have to fight back some how - (by gaining public support)

and you are going to have to pay to play.

Anonymous said...

Besides usurpations, there is a larger class of abuses, which include corruption, and violations of constitutional statutes. It becomes a matter of special concern to citizens when officials conspire with one another to not enforce the law against such corruption, and use the resources of government and the powers of their offices to cover up such crimes or otherwise protect the perpetrators, whether such crimes are committed by officials themselves or by powerful persons who are allowed to become a privileged class that is above the law. When officials fail to enforce the law, citizens must step in and take action to see that the laws are enforced, and replace those officials with others who will do their constitutional duty.

Anonymous said...

Usurpation is the exercise of powers by an agent, which have not been delegated to him by the principal. In a constitutional republic like the United States of America, acts by officials are legitimate only if they are consistent with and based on a constitution, a body of laws which are superior to all subsequent statutes and other acts of officials, which embodies all delegations of power, and which may recognize certain rights to further define the limits on the powers delegated. It is a fundamental principle that all acts of officials not derived from the delegated powers of the constitution are null and void from inception, not just from the point at which a court may find them unconstitutional. Every person who has an encounter with the acts of officials has the duty not only to obey legitimate official acts, but to help enforce them, but, when there is a conflict among acts of officials, to enforce the superior one, which, when an act of an official is in conflict with the constitution, means enforcing the constitution and not the act in conflict with it. Judges and other citizens do not decide constitutionality, but discover it, and every person who is involved with any act by an official has a nondelegatable duty to make a determination of the constitutionality of that act. This determination is called constitutional review, and, when exercised by a judge in a case, judicial review.

ched macquigg said...

Re; Guzman's "lawful" order.

Assuming that it was indeed "lawful" to order the reporter to move further away from the tape he was already outside of; could Guzman "lawfully" order the reporter to go to any other specific place; ie a staging area for reporters who want only the police version of the facts?

ched macquigg said...

the charges against Foley were dropped according to the Journal.
http://www.abqjournal.com/news/011015207-01-08.htm?jsbottom

Anonymous said...

You know, a lot of good can come of any light shed on a public entity. There are a lot of shenanigans that can be exposed when the populace starts to care and to look. What is disturbing is that so many people only want to take a hard look at the police because, I assume, most folks really don't care for cops. Lets be honest, we don't like tickets, we don't like being watched over, it's part of the human condition to want to be free.

What is really disturbing is the lack of media attention to the recent arrest of Chucky Aragon [brother of the top dog in whole damn state, Manny]for massive drug dealing (again) and the sidebar to the story that between his various parole[s] and subsequent arrests for moving tons of dope he was employed at the county clerk's office. Why in hell is something like that less grist for this mill than the questionable arrest of a cameraguy by some rookie.

Anonymous said...

... Why in hell is something like that less grist for this mill than the questionable arrest of a camera guy by some rookie?

Because of the un-deserved, over harassment (i.e. 100 days and 100 nights of summer criminal campaign) the APD enforces on the general public is why this seems to be a bigger issue to the media than the question of illegal drug smuggling. Let’s be honest, the law was made for all types of criminals; the one who has sworn to uphold the constitution yet disregards their oath while wearing (or not wearing) a badge, and the one who feels less of an obligation to law in general. The story about a bully hypocrite inside of the police force is of more interest to the public and the media, than a problem no one seems to ever be in control of (but on occasion). That is why one draws more attention than the other. I don’t think anyone desires to go to jail, but your actions as police when without discernment appear like you would arrest anyone just to meet a quota. APD should show more respect to those who try to do right (most Albuquerque citizens). I think you should stop trying to make people afraid of you and keep in mind the public you serve.

Anonymous said...

.... we aren't free? I thought this is a free country ...

Anonymous said...

T.J. Wrote a great story??????? T.J. did you post that? Or was it Ray??????? Darren??????????? The issue has moved past Guzman, it is about the administration and lack of leadership ability. Rank does not give you respect. respect has to be earned. Officers, Sgt's, Lt's and Capt's will make mistakes, but it should be dealt with in the correct manner. If Ray had earned his job because of his management ability and not because of his ability to cover up Mayor Marty's Domestic fights, APD would not have a morale problem that creates all these other problems. And If Ray didn't cave to public perception before an investigation was complete, maybe your troops would not be posting stuff like this on a web site! Ray, have you started looking for a new job? Mayor Marty has hit a political dead end!

Anonymous said...

Let's just abolish law enforcement all together and let the gangs run rampant along with idiot bottom feeder journalist like TJ "Fat Bastard" Wilham. The liberals will love it... until their homes are invaded, property stolen, and families raped and murdered. Then we can inforce "Marshal Law" and let the National Guard take control. Better yet, maybe we can realize that there may be a few bad apples in the Police Department but the majority of Cops due a good job....it's the judges and lawyers that keep the criminals on the street yet the media won't cover those stories of that of habitual criminals because it just doesn't have headline potential. People, the crime rate in ALbuquerque is ridiculous! WHo is going to stop it? Reporters, Elected Officials, Geraldine O'mato, Midget Marty, President Richardson? No.....police officers will. Suck it up folks...support your local law enforcement or suffer the dire consequences.

Anonymous said...

We're already in a police state .... marshall law ... No one has asked for that .... just look around you and there it is ...

Anonymous said...

Prostitution runs rampant in this city. I'm not talking about the skanks that walk Central. It's the skanks that run City Hall; some literally. TJ is just an arm of the whore base, by virtue of his propaganda and lies. He used to be a good journalist, but has chosen the easy, low road, because he has no balls or backbone. No one, but no one, can be a hero for doing the right thing anymore. There are NO morales at any level or any capacity in this City Government form the highest levels to Managers, Directors and the hookers that skulk around on the
11th & 5th floor offices.
Crime is out of control because of the corruption that takes presidence over what is right and the safety of it's citizenry.
If apathy continues and someone or some group of citizens don't take charge and get rid of the vermine that run this city, then we might as well just let it go and wind up like the Roman Empire with their excess in booze, whores, vomitoriums and perversion.
Oh, we're ALREADY there.

Investigations really need to start happening before the November elections, to assure no more power is handed to the Manny & Chucky Arragons of the world.
For those holding evidence and pictures need to come forwar. The only problem is where to you go with it. Just remember 'Serpico'

Anonymous said...

"WHo is going to stop it? Reporters, Elected Officials, Geraldine O'mato, Midget Marty, President Richardson? No.....police officers will. Suck it up folks...support your local law enforcement or suffer the dire consequences."

Seems to me that our oh so heroic cops are too busy beating up college boys downtown in hopes of impressing college girls to actually prevent any crime.

We all know that its APD that is covering up Marty's repeated domestic battery felonies and that that's why APD keeps getting huge raises while the rest of the city workers get less than the rate of inflation. You guys can blame this on Schultz as much as you want but all it takes is one of the 50 or so officers that have had to deal with another Marty felony to go to the media. Unfortunately you're all weak, sniveling cowards sucking at the city teat and pretending to be badasses.

Wasting our money busting harmless house parties while completely ignoring the rampant property crime, then turning around and making money off it with your ludicrous "armed response team."

If we ever have Martial Law (note: this is how it is spelled, genius) it will be to protect us from the cops as much as from the gangbangers.

Face it, the only reason Guzman got in any trouble at all is because he did this on video. APD does this kind of shit every single night and go home and laugh with their buddies about it while the person they beat up and then arrested for "failure to comply" with their unlawful demands has their life ruined.

Anonymous said...

Remember Marty's daughter stole $499.98 worth of merchandise. Just .02 under a felony. This was after Ray Boy intervened. Yea, the troops will follow the leader!!!

Anonymous said...

"We all know that its APD that is covering up Marty's repeated domestic battery felonies and that that's why APD keeps getting huge raises while the rest of the city workers get less than the rate of inflation."

That is hands down the dumbest quote I have seen on this blog. You sir are a retard.

joe schmedlap said...

""You sir are a retard.

July 2, 2008 4:21:00 PM MDT""

fricken classic -- thanks for saying it.

Anonymous said...

Can you give another reason why APD deserves gigantic raises despite horrible performance? Oh wah wah the 34's only get a 14% raise while the rookies get 40%! Meanwhile the rest of the city is getting 2.5% raises.

Cops like to make a big deal out of their supposed brotherhood but they're really nothing more than another organized crime family covering up for each other.

Anonymous said...

Sounds like a problem that you need to take up with your union!!! The city gives nothing away...don't blame the cops or firefighters for going and getting theirs. Man up and go get yours.

Anonymous said...

Don't bring the fire fighters into this mess!!!! We don't have a %$%^%$&%& chief!

Anonymous said...

You guys do so have a chief, he is just so short you missed seeing him.

Anonymous said...

I wish the citizens knew just how badly most of true 34s in this town love thier department and truly care about the citizens. The administrations on both sides of the street are killing our pride and reputation. The chief lives in fear of the mayor, period. he has in turn forced that fear down to his so called supervisors who could care less about the people who do the work every day. They only care about shining in a staff meeting with false stats and glad handing. They havent stood up as poor training has led the public to think the rest of us are idiots. There are a hundred other guys like guzman who have had crappy training, when will another one not know how to react? No one will stand up because you surely will become a target of the deputy chiefs. This includes me, I got promoted and thought I could make a difference in trying to mentor and lead. wrong. I cant do that because it might create pride. remember when Capt D had us wearing shirts that said "there will be peace in the valley?" we fought hard to protect the public and did so without violating rights and causing the public to hate us. If you are a citizen, there are hundreds of us left out here who are on your side, we work for you...but we are not being allowed to stand in that uniform and work for you with honor and make you proud. The 5th floor will not tolerate that. why do they have to tell you every month some crap lie about crime down 2% here and calls down 5% there. why do they have to force feed it to you every month with a spin by Walsh? Why cant we truly be allowed to make you safer somehow? That would mean having to bruise Mike Calloways ego and that is unacceptable to the fifth floor. They will never admit it is not working. We are not whiners ans we are willing to work hard for you and we actually want your respect. but we are trapped in a small cell that we cannot get out of. yeah, we were given more of your tax dollars to pay us more than others. But names like King, Smith, McGrane, Otzenberger,and Garcia are constant reminders to us why we do a different job and should be paid accordingly. If we were allowed to truly do our jobs with fear of retaliation then you could trust us again and would be willing to ensure we were always paid accordingly. we are begging for some leadership. And to you that reads this to report to Calloway and the chief...you cannot dismiss this a sniveling individual who is causing trouble, Im speaking for seven or eight hundred............only one more thing to say to you........"learn to swim"

you bet your behind im anonymous, calloway would have me dead and demoted by monday

Anonymous said...

AMEN!!!!

Anonymous said...

Damn that was well said!!

Anonymous said...

"I wish the citizens knew just how badly most of true 34s in this town love thier department and truly care about the citizens".

You bet & an excellent post, 34! And to all the rest of you 34's out there: God Bless You All. With all that you have to deal with on the streets, you shouldn't have the additional stress of worrying about your backs vis-a-vis the 5th floor. The 5th floor should be kissing your asses, not the other way around. And if it's true that the majority of citizens despise police, then they need to get out there, go on a ride along to see what their job consists of and compare it to your job, get involved in community policing, DO SOMETHING to support your law enforcement officers.
To Mr. or Ms. John Q. Public always whining about unfair tickets, stupid cops blocking traffic, etc. shut up and educate yourself as to what these men & women do day in, day out to protect your whinning asses.
Oh yeah, and that "dumb cop" phrase that cop haters constantly use? They're far from it. In fact, APD's officers are some of the most intelligent, highly educated, problem-solving, well-trained (mentally & physically)We as citizens are very lucky to have them protecting us.

Anonymous said...

A few good posts here... I would like to trust you, and some of you, I do! Some of us realize that there is a lack of good leadership from those who make the rules, and that you do your jobs well, and as instructed. Unfortunately, some people in charge disregard the very constitution they should be supporting, for instance, who assumes everyone who is driving is guilty of a crime before they actually witness one? Is it your job to impose unreasonable searches and seizures in a vehicle without probable cause (example: DWI checkpoints)? At what time is it a violation to drive sober, and should we be inconvenienced like every suspect herded through a gauntlet any time and anywhere? Who legally issues a warrant, but upon probable cause? What law says you can be issued a warrant not supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Should we not feel secure in our persons, houses, papers, and effects? Does one person’s sin make the rest of us guilty of it? Do you know what the 4th amendment says?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Do you know what other rights citizens of the United States of America inherit? Most of us don’t care to be continually harassed by public servants claiming to be protecting us. Yes, there are some leaders who feel they can pick or choose what laws officers of “the law” don’t need to honor. Almost like the criminal element, isn’t it? Corruption dwells in a lot of places that surprise most of us. What is scary is the possibility that a new addition to the police uniform might someday be an armband with a swastika on it. I hope not! The public, or the world probably won’t take that very well either.

Anonymous said...

You know the constant blathering about DWI check point which passed judicial review a bunch of times, really does bring up a couple of salient [but secondary] points.
1. Why is it deemed appropriate to do a DWI roadblock but not a Crack head roadblock in some more obvious parts of town -- or even a gang affiliation [tattoo check] roadblock.
2. Why does the rights a convicted felon loses is the right to vote and to own weapons... when in reality if upon conviction one smiply lost their 4th amendment rights for a period of say 10 years. That would rule. No warrant needed and who cares if they vote -- really, I know they would be Obama supporters anyway.

Anonymous said...

Hahaha! A tattoo check point-'cuz there's a bunch of follks out there "drivin' while inked!!"