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

Aug 8, 2012

Tainted


The Albuquerque Police Department’s standard operating procedures covering officer involved shootings are outlined in Procedural Orders 2-31. 2-31 details the necessary actions investigators MUST do to secure the scene of the shooting, manage the scene, manage witness, manage evidence, and manage the principal actors. Following these procedures is crucial, and mandatory, because the integrity of the investigation is at stake. It’s important to remember that all police shootings are treated as criminal investigations and NOT administrative investigations. Given the microscope APD is under for each incident where an officer shoots a subject, one would think the folks on the 5thfloor would strictly and obediently follow their own SOPs regarding officer involved shootings…

Some the more essential elements of Procedural Orders 2-31 include:

2-31-1B(2)
A. Place all witnesses, including principal personnel, in separate locations to ensure witness credibility.

B. Ensure all principal personnel remain in the same attire and do not dispose of any items, which were in his/her possession at the time of the shooting until authorized by Criminalistics personnel.

2-31-3 A. The on-call PST is responsible for all phases of the criminal investigation, with the exception of processing the scene and the collection of evidence

2-31-7 E. Control the release of information relating to the incident. Any information to be released to the media must have prior approval of the Commander of the on-call PST or the Deputy Chief of Police.

2-31-8 G. Ensure the case is completed and submitted to the District Attorney's office.

H. Take responsibility for the principal personnel upon completion of collection
of physical evidence by Criminalistics personnel.

I. Within seven working days, schedule a debriefing with the investigators of
the PST, OMI and the District Attorney's office to discuss the status of the criminal investigation.

2-31-10 C. Principal personnel will remain separated and will be removed from the scene as expeditiously as possible and transported to an appropriate police facility as directed by the on-call PST commander.

Following these procedures is crucial in order to keep evidence and witnesses from cross contamination and thus jeopardizing the investigation. Remember, this is a criminal investigation that ultimately is submitted to the District Attorney’s office for review. Criminal liability is on the table as is civil liability on part of the city, the department, and the parties involved.

Chief Schultz and his minor deputy chief’s seem to think an officer involved shooting is a public relations opportunity. In the hours after the shooting, Deputy Chief Paul Feist stated that the subject shot was waving a gun and threatening undercover officers during an undercover narcotics operation. The following day the department released lapel camera footage showing undercover officers rushing in and the undercover sergeant’s lone shot sounding off in the background. Chief Schultz returned from yet another out of state trip to respond and detail elements of the incident in yet another push to justify the department’s latest officer involved shooting. Within thirty-six hours of the incident, Chief Schultz had an officer’s lapel/body camera video of the event released to the media.

Yet as of Wednesday, August 8, 2012, the sergeant involved in the shooting had yet to be interviewed. As that officer is a principal in this investigation we fail to find any basis for the disclosure of such highly detailed and sensitive information, never mind video evidence, before witness interviews are complete. Feist’s statements are prejudicial and suggest witness intimidation, evidence tampering and jury pool tampering. They defy belief when you consider the investigation is far from complete. Even more staggering is the department’s release of video evidence of the incident. As the above SOP’s indicate, none of these actions are to even be considered before the case is turned in to the district attorney’s office. If an officer obtains evidence of a crime and were to commit these actions I think we all know how quickly they would not only be fired but prosecuted.

Ask former officer Brad Ahrensfield who was tipped off by former detective Ron Olivas concerning an investigation by the FBI whether or not people are prosecuted for tampering with an investigation. With this most recent incident there is a multi-agency “shoot team” whose investigation was just compromised by the direct and intentional actions of Chief Schultz and Deputy Chief Paul Feist. Who will hold them accountable for flagrant violations of the above SOPs? By their actions and statements, Schultz and Feist have failed to ensure witness credibility, tampered with evidence, deviated from guidelines required by the district attorney, identified parties before interviews, and disclosed sensitive elements regarding department undercover tactics. How likely is it, the officer involved in the shooting will provide a statement consistent with the assertions made by Schultz and Feist? And what of the deviations?

Given that the department is under intense scrutiny for its handling of critical incidents and major crime scenes, one would think Chief Schultz would do everything imaginable to support an objective and lawful investigation. Instead, we have this tainted mess. One thing however is completely obvious, when the department wants to spin something in its or Chief Schultz’s favor, it will do anything to get video, reports, or records out before the public. When the information is damaging…they hide and lie.

30 comments:

Anonymous said...

Another excellent article by the EYE, proving once again that schultz and his pack of liars follow their own set of rules. I found it quite disturbing that they would release such detailed information, and video about that shooting before the officer was interviewed. If Peck didn't know what to say, he sure does now. This is witness tampering at it's finest. Someone should be prosecuted for this. There is no reason in the world for such detailed information about a police shooting to be released. Looks like schultz and feist violated a whole lot of sop's there.
They release this video in a day but schultz is actively trying to hide a video from the media that he has in his possession for months. He is scared to death of that video, and is trying to coordinate his actions to it right now so he comes out looking good. He is a fraud and needs to go.

Anonymous said...

I find it funny that Feist gets on television the day of the shooting and says the suspect was pointing teh gun at everyone and struggling with the narcotics officer when Peck shoots him, then another version comes out the next day where the suspect displayed the gun to the narcotics officer then placed it under his leg. Something tells me there is going to be a whole lot of different stories here but in the end they will all miraculously will all be on the same page. Because that's how it is when you are the fair haired little yes punk.

Anonymous said...

Business as usual, a la Mary Han case. And countless others I'm sure.

Anonymous said...

How come Mayor Dick Berry never gets on TV and responds to questions? Why are the reporters such pussies here given that Apd is terrified of them? Seems like Apd is at the total mercy of the media. As far as our stunning PIOs.....Gibbs and Tasia...do you guys really look at yourself as 34s knowing all that you've seen and know Schultz will bend you over at his easiets impulse?!?! I want even bring up APOA...Doughboy and Weeber....mr all-talk and chickenshit....Abbot and Costello if I ever saw it.

S.Sgt. Paul J. Heh ( RET. ) said...

Well Mayor here you go again ! If a rank and file officer would compromise an investigation the way Schultz and Feist did they WOULD BE FIRED ! I am sure many attorney's want this case to drop in their lap. More money will be paid out by the citizens, but what do you care its not your money now is it. But you will do what you do best and sit on your hands and do nothing. Now you have my opinion let us here yours. So get your logic box or is it spirit box in gear and find out who I am. Oh heck look at the name on the post.

Anonymous said...

So quick to release a lapel video... But cellphone records??? Not so much.... HMMMMMMM... Oh and remember there was no PC to book Peaches for DWI either...

Anonymous said...

the union is run by abbott & castello! I love it! that is so true.

Anonymous said...

So, after viewing the recording that was released to koat a few times over I see some issues of concern. First of all, if the 5th floor is going to be so quick to release information regarding a criminal investigation why was it that peck's prd recording wasn't released rather than the 34's who ran up from behind? At the least, doing so would have provided peck's vantage point at he time rather than the view of others. From a frontal view of peck's quasi-uniform a small sewn on patch displaying badge of office could barely be seen amidst the all black colored backing. The word POLICE no where to be seen, and where was the shoulder patch required as per SOP? The words "go go go..." by the arrest team are clearly audible, by why not "police police police..." which in a UC take-down would be far more appropriate? Certainly this shooting will be found to be justified as the criminal investigation plays out, but what about the civil case that will accompany it? It seems like a fair arguement could be made that peck was not in compliance with SOP as presumably he was not running his prd (if he was it would have been released, right?), he was not clearly identifiable as a police officer (due to uniform violations), and further did not verbally identify himself as such.

Just playing devil's advocate here, I truely believe that this shooting is justified and I am happy that no 34's were harmed. But the scrutiny sure does suck doesn't it prick, umm peck.

Anonymous said...

49 ref Solis, Rice, and Suran??? Heard there facing crim charges. Where's the video.....oh wait, its bad so Apd delays....APD: Another Police Denial.

Anonymous said...

Not just private cell phone records but private cell phone records on personal cell phones used by the senior staff for work to avoid producing them to the public of which APD 34s belong. Why hasn't the union voted no confidence against this man?

Anonymous said...

2:36

Glad to see you back Paul.

Anonymous said...

I agree with a few here. Paul Heh should run for Mayor in the fall. Paul would eliminate all cancers ailing this city in probably the first week with across the board firings. That is for those stupid enough not to see teh writing on the wall and resigning before he took office. If the citizens want to see a drastic change, they will call for this. Drive and purpose is what is needed.

Anonymous said...

I just got around to reading the article about the 5 hour swat standoff on Montgomery where the suspect was not on location. Why is DCOP Fiest allowed to constantly make up stories? This guy blames the Judge's ability to understand a search warrant on that whole mess. Well maybe if investigators within APD would wright strait forward wartrants and conduct unbiased investigations, this stuff wouldn't happen. Instead of tweaking things, making a play on words, or outright constructing works of fiction, they should stick to the facts. Sometimes you just don't have what you need. I am glad the spokesperson at the courthouse set things strait.
APD burns their own officers when they see fit, now they want to burn judges and everyone else who they can to make themselves look better. Fiest, and the chief need to go. Both of them have screwed up APD so bad that it will NEVER recover. Tampering with investigations and witnesses is just the beginning. You are only safe if you are one of them.

Anonymous said...

Glad to see Carter showing his true colors. That buddy system isn't working out for SID but they will never realize it. Just keep costing us tax payers money in law suits.

Anonymous said...

Oh but what, Peck's video wasn't working? Why not release that, or is it he didn't have it on? What about the other half dozen, did they not have there lapel-cam on?

Anonymous said...

Where is Cass isn't she the lapel camera police? Maybe she can work on releasing them to the media. Seems to be her expertise.

Anonymous said...

Solis, Rice, and Suran? Are these the stooges who like their tazers? I can't wait for the video. APD - Another Police Denial...that's hilarious! They should paste that to the side of those pretty new Hemi's.

Anonymous said...

Channel 13 is suing the APD over APD not releasing the videos of officers under investigation. Good for 13. It seems that 13 is one of the only stations in the city who reports the news without the obvious blatant bias that the Albuquerque Journal Does. Jeff Proctor at the Journal has Schultz's personal cell phone number. No doubt that is why ALL stories fed to them by Schultz are always slanted in his favor. Schultz not releasing the video is ANOTHER attempt to withold that information until he gets his story together, and knows how he is going to use these videos to his advantage. It has nothing to do with an ongoing investigation. Schultz and Fiest have proven this with prior fumblings in how they have conducted releasing information on new and ongoing investigations. Just look how Fiest gave a statement to the news on the same day of the shooting that this topic is about. Peck hadn't even given a statement and they were still conducting interviews. They release video, and show the position of the suspects gun in the vehicle. News 13 was lied to before under the same auspices, while the story was given to another news channel. Hopefully 13 wrecks Schultz, and the city attorney over their failure to follow laws. Someone needs to expose and destroy all efforts put forth by Schultz, Fiest, and the city attorney to deflect attention from their illegal activities, and thwart a federal investigation into their actions over the last few years.
Real soon 13 will be given an exclusive in reference to witness and evidence tampering, witholding evidence, and malicious prosecution on these criminals and they won't be able to do a damn thing about it but wait for the charges to be levied on them all. Get ready folks. You wanted it. You got it.

Kim Holland,
Rip them to pieces. They are nothing but liars and cowards with absolutely no integrity. The problem with APD lies with the administration residing on the 5th floor.

Anonymous said...

Paul Heh would make a great Chief, however I'm not sold on Mayor. There is more to being mayor than running the pd. Regardless, the shitbags that are running the show now need to go.

Anonymous said...

The news reported this guy's lapel camera didn't work. Likely story. With all of the scrutiny on the department over the wearing and use of lapel cameras and the new SOP regarding it, you would think that his camera would be activated. Everyone is using their lapel cameras. One would hope that it can be proven that the camera was activated but didn't work, which I doubt. If that camera was turned on it would show it. They are date and time stamped. This guy is the 5th floor's buddy, so it will all be fixed. APD.... Where evidence, witness and testimony are manipulated every day and where a mall cop casino security guard with no spine or integrity gets pushed up the ladder. Karma is coming.

Anonymous said...

Another Police Denil...another cop is put on admin asst....toilet water doesn't work for piss numbnut.

Anonymous said...

Why is it that Levy's name is all over every piece of paperwork that the APD and Schultz are involved in that has any hint of cruddy behavior on schultz's part or improper proceedure? Yet. any other city attorney handles the other cases? It seems that you only have to follow the breadcrumbs on these dirtbags. Look at every case that is cherry picked for Levy to handle. Every one that requires someone to hide information, stall and delay proceedings, violate court rules and lie. They are all taken by Levy. This is no coincidence. It is also no coincidence that Levy has an office up there with Schultz. When a mob lawyer participates in the activities of their clients by knowledge and promotion of that behavior, they to have been sent to jail. One could only hope a criminal investigation sends these people to prison. This fraudulent mayor and police chief claim that they promote transparency. THEY ARE LIARS. Why would you fight so hard, throw up smoke screens, and lie about phone records? Why does a writer for the yellow journal have that secret phone number of Schultz? If you did nothing wrong, you would gladly give up your phone records. This shows they have something to hide, and they choose Levy to hide it when they need it hid. I will bet you that those phone records show more than what went on in Mary's home. I will bet you that they show every time Schultz was briefed on proceedings where he was supposed to be legally sequestered. These people have lied under oath, changed their stories and gotten away with it all. The federal government needs to step in now and conduct a criminal investigation into these liars.

Anonymous said...

hahahaha, cass loves cameras.

Anonymous said...

Lapel cameras. What's next crotch cam??? Just saying........

Anonymous said...

right, because all dcop's have to come into 31 death's and fuck up the scene...and with White 56...riddle me this, was anything sensitive given to kennedy at the scene?

apd has no track record solving any complicated murders. the only recent one in memory was the body found buried in the garage. and i do believe schultz fired the detective who made that case.

i say bullshit. mary han was murdered and you all know it but it seems most are too scared to accept it.

Anonymous said...

I spoke to a friend of Paul Heh and he has agreed to run for Mayor. If he can't win then maybe Ken Sanchez can and he can make Paul chief. Let's get the ball rolling people.

Anonymous said...

APD lapel video recorders date and time stamped, that's a laugh. According to the ones placed into evidence in a recent case I was privy to the incident was time warped into the past by about 26 hours. What a fucking joke.....

Anonymous said...

Robb Gibbs is a rat fink! thats about all you need to know about his power.

Anonymous said...

Sounds like Rob Gibbs and Ron Olivas are buddies. Riddle me this, why does Ahrensfield get hemmed up when it was Olivas who leaked the information? If not for Olivas running his mouth and tryin to be a HERO nothing would've happened?

And why the fuck is APD Intel once again doing the 27 on officers charged with crimes....for crissakes have an outside agency do it...or here's a thought, have the people of the applicable unit do the 27. So if knuckleheads from SE commit AggBatt then have Violent Crimes do the 27....

It's not like FUckner knows how to do a 27 anyway...

Anonymous said...

Gibbs is an OT whore....