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

Jul 1, 2008

Dismissed

The Albuquerque Journal is reporting that the case against KOB TV photographer Rick Foley has been dismissed without prejudice (ABQ Journal - Subscription) [hat tip Eye reader]. Judge Benjamin Chavez apparently cited a lack of probable cause as the reason for the case dismissal.

As we've said before, this thing didn't have to go down this way and it was probably not the wisest of moves to arrest a news photographer toting a $50,000 camera recording pictures and sound all at broadcast quality without an absolutely air-tight case. That being said, any disciplinary action should be consistent with discipline received by other officers in similar situations. Punishment should not be meted out in a greater or lesser measure simply because the infraction was caught by a television news camera.

We can't think of a single reason that Officer Guzman should suddenly be placed on leave this past Saturday - even if Chief Schultz really received the IRO report on Friday as he claimed in today's Journal (Subscription). Was Officer Guzman threatened by a wild band of roving news photographers? Was Guzman threatening to arrest every photographer he came in contact with? We hardly think so - which makes his suspension look more like pandering.
(Sidebar)
We were taken to task by a reader who chided us for our original lack of clarity as to the status of Officer Guzman. We indicated that he had been "relieved of duty" which could have been taken to mean that he had been terminated. As far as we know, Officer Guzman is on some kind of leave - whether it's paid or unpaid is currently unclear.
(End Sidebar)
Relieving Guzman of duty smacks of punishment by media or at least because of unwanted media attention. In other words, Guzman seems to be becoming a scapegoat offered up on a silver platter to appease the media. Like it or not, Officer Guzman is entitled to administrative due process and legal due process. Further, the administrative process needs to be fair and consistent regardless of media attention.

21 comments:

Anonymous said...

Due process are two words that are not in APDs vocabulary, come on, a month later they put the Officer on leave, give me a break.

Anonymous said...

So Officer Guzman is entitled to due process but Daniel Romero is not?

Anonymous said...

You have got to be kidding me, Daniel Romero has lived a long life of criminal activity. That was his due process. He chose his path. Officer Guzman has a right to due process, his civil rights.

Anonymous said...

APD's image problem is only getting worse with Officers like Guzman making news. Most police officers I've met are cool...but sometimes I come across those real jerks that think they are GOD with a badge. APD needs to do some serious house cleaning---starting with John Walsh, the Chief, and all the way down.

Anonymous said...

Why isnt the public going after elected officials who, by virtue of their positions, have caused the problems with the Police Department!!! Chavez is an idiot so is councilman "Yes Man" Garduno. O'Malley (Gagne and Lacy put together) is a pompous swine (she always breathes heavy into the microphone because she is so obese) who thinks she is mayoral material. Benton is a windbag who has no morales and Mayer is just a plain idiot. I could go with the other council members but it is a waste of time.

Chavez stated that the uniforms work for the suits. Every problem the Police Department has had is then his fault and that of the City Council and all should be fired, recalled, however you want to label it.

The priority should be the constent protection of the general public. Screw the Arena or Rail Runner! Proctect the citizens from the ridiculous crime rate the city has had since most of these idiots have been in office!!!!!

Anonymous said...

Guzman just needs to be disciplined. He deserves however the same due process of law as the rest of us. Unfortunately, a lot of people are suffering because of his crimes. A lot of good cops have a soiled name based on his inappropriate behavior. All of this will pass, but the event never needed to happen in the first place. I think a lot of the blame should be placed on the leadership of our city (Mayor Chavez, Chief Shultz, etc). Obviously, they are not in touch with the comunity and I think Guzman was just doing what his superiors would have him do, as wrong and unlawful as it is.

Anonymous said...

I think every citizen in Albuquerque should be responsible for Guzman's crime. After all, don’t we put the blame for an intoxicated person’s behavior on the wage earner that served them? Don’t we also levy enormous fines on employees, bars, and owners of these businesses and cite them if they have made the slightest infraction? Haven’t we converted liquor selling entertainment venues into day care centers? Do we not compensate these employees or businesses for their good work and contributions to the law enforcement community? Do we not harass or put blame on adults who want to enjoy a glass of wine with their meal? Don’t we set up illegal checkpoints for DWI without having a probable cause to stop anyone? Do we not instill fear into the public so that we retain control over them? Do we not embezzle vehicles from alleged criminals before they are actually convicted? Do we not cause the citizens of this city to spend a lot of money in legal fees to prove their innocence? Don’t we blame automakers for a person’s bad judgment of driving when they have had too much to drink, instead of finding them a safe ride home?

Yes, I believe Guzman is not the responsible party … someone else is.

Anonymous said...

"You have got to be kidding me, Daniel Romero has lived a long life of criminal activity. That was his due process. He chose his path. Officer Guzman has a right to due process, his civil rights."

I don't think you understand how the US Constitution works. Romero had the exact same civil rights as Guzman. Romero was a petty criminal and Guzman is a petty thug, and they both deserve(d) full protection of the law. Unfortunately for the rest of us for some reason cops think that cops deserve more rights than normal citizens.

Anonymous said...

Take a close look at all police agencies, you will see that APD has the most arrogant people people employed of any of them. The officers in blue think they are better than any other agency and treat people in a very condescending manner. I have been stopped and deservingly so by NMSP,BCSO,and APD over the last 10 years (minor traffic violations.) Without exception the officers of APD are the worst to have to deal with. I have asked questions of all officers when I have had contact with them and the other agencies have been polite and answered my questions. APD has been rude and been told to take it to court. Once I was told to shut up or go I would go to jail. The officer said you may beat the rap but you won't beat the ride, implying my ride to jail for a made up charge.

Anonymous said...

Judging from the weak ass complaints about the cops in this town...sounds like they're doing their jobs. Keep up the good work fellas!

Anonymous said...

Sounds to me like the cops are still a bunch of weak asses .... keep practicing fellas ... you're bound to get it right sooner or later!

Anonymous said...

Many years ago I sat down to lunch with an internal affairs investigator from New York. We talked about what they investigated-- which was something like violent felonies, drug dealing and org. crime involvement.
Here the big complaint is attitude and a rookie roughing up a news guy [and he will eventually get fired for that if he is still probabtionary]. So exactly how horrible do the citizens of ABQ. have it??

Anonymous said...

.... Are you asking about quality of life in ABQ? ....... A lot of citizens are afraid to leave their homes ... they are afraid they will be pulled over by the police department ...

Anonymous said...

I guess I'm in a different town than some of you. I get to travel around a lot and I can carry a gun nearly everywhere I go legally. I've been to good and bad places but the caliber of crooks in ABQ. are such that whenever I get back into the area, thats the time the gun comes out and goes on my hip. I deal with cops from all over the country and you guys in ABQ. put up with worse crap than Trenton or Newark or Philly. and that's just areas I've been to recently talking to the local coppers. Some citizens here have no idea how good you guys really are . {that goes for S.O. and NMSP as well}

Anonymous said...

I don't own a gun ..... haven't needed one ..... ever

Anonymous said...

RE: "Are you asking about quality of life in ABQ?"

-- Don't break the law and you won't be pulled over. It's that simple.

Anonymous said...

"-- Don't break the law and you won't be pulled over. It's that simple."

Unless you're an attractive female, or if someone calls the DWI hotline on you (regardless of whether or not you've been drinking,) or if you happen to be driving somewhere on a Friday or Saturday night on a major road and the cops have put up a roadblock, or if Officer McLawdog decides you're too white to be in Berelas/too brown to be in the NE heights, or if your kid got in a fight with some cop's kid at school, or...

Anonymous said...

Officer McLawdog???? WTF?

Anonymous said...

back to OJT for Guzman,,,beats gettin fired!

Anonymous said...

I am sorry to say this but all, and I mean all, officers I have spoken to agree that Guzman should be fired. He is unfit to be a cop and lacks any common sense or perhaps he is just an idiot. His father David Guzman is no better, he is back as an SRO rehire and he is as dumb as they come. Don't believe me? Just have a simple conversation with him. He was in briefing last week during his OJT and he is a total embarrassment. He is clueless on OJT, hope the FTO does the right thing and not just passes this problem to us officers who have to work with him someday.

Anonymous said...

-- Don't break the law and you won't be pulled over. It's that simple.

You still scare old ladies! That probably makes you feel important.

I don't break the law, but I have been pulled over and harassed for no reason just the same. It feels to me like martial law rather than keeping the public safe.