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

May 28, 2009

If Only...

It's the type of story that makes "good" news. Readers and viewers can't seem to get enough of the "Baby Angel" story.

Thursday, the local media was all a twitter about the latest development - Tiffany Toribio had tried to turn herself in at a Coronado Mall substation. With her was her three year old son Tyrus - "Baby Angel." (ABQ Journal - Subscription)

Apparently, Toribio had been notified that a warrant had been issued for her arrest for failing to pay a $259 fine for not having insurance. When APD's CAD system was checked for a warrant, the search came up empty.
[Sidebar]
Our Eyes down at APD tell us that it's not exactly surprising that a warrant search didn't find Toribio's arrest warrant. Tiberon APD's new CAD system is known to regularly miss outstanding warrants. In this case, it might have prevented a death. In the future, it may cause one.
[End Sidebar]
Contrary to popular belief in some circles, police officers generally don't arrest members of the public without a warrant and without reason. In this case, the officer involved didn't have a warrant and didn't have any reason to believe that young Tyrus was in any danger.

Here's where the media plays the implicit game of "if only." If only they could have found a warrant. If the officer involved had looked a little harder. If only APD had arrested Toribio, then Tyrus would still be with us.

The truth is that even if a warrant had been found, there's a pretty good chance that without any indication of danger they would have told Toribio to take care of her fine and let her walk. Believe it or not, it's hard to take a mother from their child on a traffic warrant when there's no indication of danger.

What really gave this story "legs" is that APD apparently tried to keep the substation visit under wraps. They wanted to avoid the types of questions that now (thanks to their own horrible media skills and aversion to bad press) theyhave to answer.

To make matters worse, the Eyes have it that it was the Almighty Alcalde himself that let the cat out of the bag on his weekly I Love Me some Marty Gov TV show. Marty had Chief Schultz on for a chat and trying to capitalize on tragedy, the two discussed what Toribio should have done and the services that were available to her. They even went as far as saying that she should have shown up at a police station. Turns out she did.

What's readily apparent is that the mayor and the chief have absolutely no idea how to handle the media and that their fear of facing negative press leads them to try and bury it. Their actions make the department look foolish and partially responsible for the death of "baby angel." Nothing could be farther from the truth.

No one knows the answer to all of the "if only" questions. But one thing is sure - Tiffany Toribio killed her son with her bare hands. It's too bad that Chief Schultz didn't come clean at the outset then APD wouldn't look partially responsible. If only...

34 comments:

Anonymous said...

Chief Schultz tries to cover everything. He does not want to the public to know how badly he runs APD.

Anonymous said...

It could be that the Officer did a search and found no prior criminal history or charges and probably just wanted to reassure her that she could just pay the fine and avoid jail time. Going into the Police substation and not knowing how to go to the court instead to just pay the fine showed an innocent kind of naive about the judicial system which would seem like a likeable attribute to an APD Officer. The Officer read the mom actions as that of having responsbility in trying to get a Warrant cleared up and her telling the APD Officer that she had no place to go afterwards possibly gave the Officer the impression that the mom was giving the Officer a guilt trip not to arrest her because she brought along her 3year old son. This kind of personal transference is known as, "Mirror imaging." Which Often in International issues when an Analyst makes a decision not based on anything then how he himself would act and convinces himself that this is how to interpret the actions of this culture, but turns out incorrect because not based on that culture, but on what the Analyst himself or herself would do. If the mom that killed her 3 year old son did have a criminal history like "child abuse/neglect, then the Officer would have stopped her. It just goes to show you how unpredictable on occassion that some people and situations can turn out sometimes.

Anonymous said...

Blaming APD goes to show you how fa our society has dropped into the gutter. Lee Hood is a scumbag for even going down that road. The media is playing to what ever sells. No one except the person in jail is responsible in this case. All this is a play on part of Lee Hood to get sympathy for her client. Hopefully someone with some influence will rein her in and put this to rest.

Anonymous said...

With all the fast food places all over Albuquerque it is no wonder why Type 2 Diabetes seems more common than Type I Diabetes.

The environment plays an important part in nutrition. I read a case where a man who worked as a state employee (in another state) didn't know he was a Diabetic and began behaving eratically. Proper nutrition is an important role in shaping
a personality, not just for the mom, but also her children. A mom who eats at fast food, doesn't get enough sleep (sleep deprivation), doesn't eat well, doesn't get enough water, doesn't exercise and is a stressful environment might attribute
to thinking that is not clear headed. I wonder if Toribinio was a Diabetic type 2 Diabetic?

In California, there are cities that have limited the amount of Fast Food Chain Restaurants from building.

Another possiblity, is that Torbinio could have encountered a person that gave her a narcotic that made her have intensified emotions. I wonder if Torbinio was given a blood test and/or urine test by law enforcement after her arrest or by medical staff?

Anonymous said...

BLAME APD ITS SOOOO CONVENIENT!

Anonymous said...

This mother, and I use that term lightly killed her child, and shame on her attorney for trying to blame APD. It's scum attorney's like her that give the rest a bad rap. She even looks horrible on tv.

Anonymous said...

Place the blame on the mother, not APD. She was a drug addict and had plenty of friends to buy drugs from, but no one to help her. God bless the families who tried to raise $$ for Tyrus. I pray the mom repents of this horrific tragedy. Good job on all the hard work APD. great story on telling the truth Eye

Anonymous said...

I dont know about blaming any buddy. It's just all the excuses. I guess no one in Albuquerque will ever have to worry about being arrested on a traffic warrant ever again. Once again the media in control and no one is thinking about what their saying.

Anonymous said...

Why so defensive, APD?

Anonymous said...

The Albuquerque Journal reported that the Torbinio didn't feed or bath her child at the party house and maybe it is because she had no energy or low energy. Low energy or no energy could be a sign of an undianosed medical condition which left untreated can become serious. If you notice a mother unable to care for her child (because low energy) that could be a sign of a medical condition that needs treated. Torbinio was combative with her mother which led to her leaving her mother's house with her child. It is very important for mothers with no energy (over long periods of time) to recognize that and get medical attention. Torbinio was not employed. I read in the paper that the Indian Health Service cut their funds drastically last year. Torbinio was out of work and didn't have money to go to a Clinic to get a medical check up. The only individuals that knew Torbino's energy level were the people closest to her such as, her family and friends. Children, Youth and Family gets involved and often investigates and helps determine the cause of abuse and/or neglect. Did the mother have a medical condition that had not been treated, yet? Or, did the child have a medical condition that the mother didn't know how to handle and attributed the behavior to bad behavior? Etc.... I believe that the individuals closest to Torbinio who witnessed the abuse of the child and the mother's low energy levels and combative behavior (perhaps, even erractic behavior) and didn't report the child abuse to Social Services need to be prosecuted.

Anonymous said...

In wondering if Torbinio had a medical condition such as, Diabetes and/or if her 3 year old son had a medical condition, it is just that wondering a possiblity of the cause to a crime. I'm in the healthcare profession and the only people that can diagnos and treat a medical condition are qualified medical professional such as, a Medical Doctor. There are a multitude of various medical conditions (if any) that a qualified Medical Doctor would have to go through to determine with Torbinio.

I'm wondering if the Metro Jail takes the blood of the individuals going through intake at the Metro Jail for lock up and if any studies have been conducted on the blood to determine any link between nutrition and crime.

For example, the Bank Robber who isn't thinking clearly. What had the Bank Robber been eating?

Anonymous said...

In my opinion, eating well and proper nutrition can help keep people thinking rationally and more clear headed.

Anonymous said...

eat more rice and veggies and there will be nore more violence in the "Q"!

Anonymous said...

WHY may I ask, does APD have 3 computer systems that are not compatible? How much did this cost the taxpapers? and WHY?

Anonymous said...

APD as only been playing with getting those computers running for the last year. I guess it's like the city's new payroll computer system. GET ON THE BALL CITY HALL.

Anonymous said...

Re: Low energy. I didn't say that just having low energy that can cause a person to commit act of murder, I said that there might be a correlation of between low energy and an undiagnosed not treated yet medical condition (if at all) that only a qualified medical doctor would have to examine Tobinio to find out. Here are some interesting articles on the internet on nutrition and crime. It is important for family memebers and friends to look for when somebody has low energy and maybe take their family member to see a Medical Doctor.
Nutrition and crime? Sounds way too good to be true - Freakonomics ...Nov 20, 2005 ... Since reading that I've been wondering if crime rates could be affected by improving nutrition in schools with a high number of at risk ...
freakonomics.blogs.nytimes.com/2005/11/20/nutrition-and-crime-sounds-way-too-good-to-be-true/ - 84k - Cached - Similar pages
Psychology Today: Fighting Crime with NutritionIs a poor diet to blame for crime? Research shows it could be.
www.psychologytoday.com/rss/pto-20030514-000001.html - 44k - Cached - Similar pages
Nutrition and CrimeJan 18, 2003 ... Originally a skeptic, 20 years of studies have made Schoenthaler a believer in the benefits of nutrition and supplements. ...
www.thenutritionreporter.com/Nutrition_and_Crime.html - 14k - Cached - Similar pages

Anonymous said...

OMG!! It's the twinkie defense all over again--and BTW citing stats. from "California" does not make you credible; however, it is the land of fruits & nuts!

Anonymous said...

Umm... I'm thinking that whoever said, "its the twinkie defense all over again" is confusing a legal defense to a crime with the cause of a crime. For example, a cause of crime might be greed. Would an attorney offer up "greed" as a legal defense, "no," probably not. The Prosecutor would. On a research level and sociological level under the heading: Causes of Crime for example, Nutrition and poor nutrition. So, cause of crime and legal defense are not in the same category because of two completely different subject matters. (there is a gray area there where the two categories do share both legal defense and causes of crime). In my opinion, the City might pay more attention to the amount of Fast food chains that there are in Albuquerque, as the health care needs associated with Fast Food restaurants get more attention. Crime and nutrition and the link of crime associated (causes) to crime might lead to Albuquerque Council setting a limit to the amount of Fast Food Chains being built. There are other factors such as, the amount of support from friends and family. For example, a person unaware of their medical condition who has plenty of family and support might be more likely to go to a qualified medical professional to get a diagnosis and treatment. A person such as, Tobinio with little to no family support (that she got along with) or friends (willing to help out) did not go to a qualified medical professsional to discuss her feelings and/or get a physical examination.

Anonymous said...

It is not the Officer's fault at all. Nobody would have predicted that a mom would kill her own 3 year old son. Nobody. It is unimaginable.

One of the possible fathers of the 3 year old was interviewed on television and he said that Tobinio told him that he might be the father to her 3 year old and that he said was "about a year ago." So, one of the possible fathers knew "about a year ago," and didn't offer financial support or offer to babysit. One of the potential father's knew "about a year ago," and didn't take the time to help Tobinio and her and possibly his 3 year old son. The only people that should be held accountable for not reporting the child abuse/neglect are the family and friends of Tobinio who openly went on camera and said how Tobinio abused her child. That's who saw the actual abuse, not the APD Officer who never witnessed any abuse of Tobinio with her 3 year old son.

Anonymous said...

It is very annoying, to hear or read about people trying to find the reason for violent crime and citing diet, possession, economics, etc. How about holding a person accountable for their actions? There are evil people in this world and I could go on for a page or so listing them. We all make decisions and we should be held accountable for them, wether it is a girl killing her kid, or a APOA president spending for personal gain. Its time for everyone to take responsibility and quit blaming and finger pointing. Psychological studies go out the window when YOU are the one that has your mothers hand over your mouth and nose, or YOU are the one who has been violated by a rapist. These are evil people who did commit evil acts, Hold them accountable for their actions!

Albuquerque's finest said...

Of course its not APD's fault for this troubled girl taking her son's life. But it speaks volumes of their police work when a nation-wide manhunt has to be put in place, when the girl walked into a police station, with her son wearing the same clothes that were splashed across local and national tv.

None of the officers identified the clothes, the incident, the description of the child and had to ask the nation to do their police work?

That's called Blue Ineptitude.

Anonymous said...

Yes, it's apd's fault for not not recognizing a shoe or shirt that was blasted on tv as the one of the mother and son came into the sub that day. maybe they did recognize it, and if they did, they aren't going to go on tv and say oh yes, they came into the sub today and talked to us and joked with us. the child was STILL killed by his OWN mother and wether or not apd officers recognized the clothes is not the issue, the issue is the MOTHER killing her CHILD. get over blaming people already and get a life. SHE DID IT AND ADMITTED IT!

Albuquerque's finest said...

That's why I said, "Of course its not APD's fault for this troubled girl taking her son's life."

I was pointing out the piss poor police work, not blaming them for the murder champ.

The issue is not just her killing the child, the issue is that a nation-wide manhunt was put in place, casting the spotlight on our entire community. Damn right they should of recognized the shirt, there's in fact video of it that APD won't hand over.

Some people are simply compelled to defend authority, even if it means negligence and mediocrity.

At least this girl had the balls to admit it... (cough LEVI CHAVEZ)

Anonymous said...

well you obviously have more insight than most, so you should be sheading light on a situation like this instead of blogging about it. take it to a higher level than APD! the problem with everyone that blogs on here is nobody and I mean nobody is willing to step up and do the right thing.

Anonymous said...

Look, the other day on Chat with the Chief, the question was, "How does APD deal with panhandlers?" The Chief responded that if panhandlers acts agressive, then APD will step in. Otherwise, the panhandlers are just told, "move on." Panhandlers usually are dressed in clothes that look like haven't been washed in quite some time. Panhandlers are considered nuisances by some people. There are organizations set up to handle homelessness. In the U.S., there is just too many homeless, mental health, and/other people out in the streets
panhandling for a living. People are not expected to get involved. The Chief also made the comment of well, "what kind of person does get involved?" (I disagree with that because people can help and are basically good, not evil). The Police are the people that people who have nowhere to go will sometimes go to for help. Those that do are given information on social services. A panhandler is not arrested usually by Police. When there are that many civilians that the police deal with, then sometimes faces will be just that "another face" of homelessness without putting a permanent memory in the APD's officer's brain. Whether the woman was wearing make-up, nice clothing etc.... Perhaps, the person who wrote the above, needs to look at just how many homeless people that there are out there.

Perhaps, the APD Officer didn't really take a close look at a female nicely dressed at the mall with her son. If the APD Officer really did recognize the boy, then "yes" that is terrible that the APD officer didn't provide that information sooner. You just might be surprised at the numbers of people (even nicely dressed who are not to the point of panhandling) that do request help from police and are told the same thing about what social services provide homeless shelter and food.

Have you ever slept in a Homeless shelter? Well, I did for one night. Not enjoyable! I was nicely dressed and wasn't too proud to put myself in that position. Everything worked out just fine. Abortion (at a clinic) is not murder. Sometimes, it is just the most humane act that a person can do.

Again, the person responsible, Torbinio, for her 3 year old son,
told one of the potential fathers "about a year ago," that he could be the father of the 3 year old boy. Nothing was done by that potential father... no DNA test, no offer of financial help, nothing.

It is unimaginable what Torbinio did and "yes" Torbinio is responsible and must be responsible for her actions of taking her own son's life who was only 3 years old at the time.

Stop blaming APD because there are so many other problems going on with the homelessness and mental health.

Anonymous said...

That woman’s priority was partying, not her child. Family said they’d have taken the “angel” but she would call from blocked phones & wouldn’t tell them where she was at. She knew the system & how to get help. To blame anyone but her is ludicrous.

Sure lack of sleep, bad nutrition etc can make people not think straight. It’s also know that tweeking from meth could make any person nuts. Lack of sleep can cause permanent insanity with or without drugs.

Lots of single parents, that work, juggle daycare, summer camp, sports, a roof, 3 squares, etc are exhausted & nutritionally unbalanced. The difference, we don’t bury our children head 1st in the sand of a playground. She deserves life, better yet the death penalty.

Anonymous said...

This attorney has stooped to a Sam Bregman Low!! Disgraceful!!

Anonymous said...

I read in the Journal an article from a person who is Pro-Life that said that abortion is murder and what people do in the act of abortion is murder. What if those Pro Life people were hanging around
Torbinio stating just that? What if Torbinio got into her head that abortion is murder and did the unthinkable to her 3 year old believing no different from abortion?

The difference between Abortion and actual murder is that Abortion is legal and sometimes the most humane act when a female can't stand what is growing inside of her either because rape, or unwanted pregnancy. A female having an abortion doesn't go to Jail, doesn't go to prison for murder and certainly can go on with her life with an actual happy face. A mother murdering her 3 year old son is a person that deserves a long, lengthy prison term (with compassion). Since 1995, approximately 84,000 females in New Mexico have opted to abort during the first trimester. The typical female who aborts is not a rural, uneducated person, but a person with an education and status in the community.

I believe society has an obligation to take of first those that are already born into existence. I'm not just taking about the people with no problems, no sickness, no disease, no worries of shelter and food, I'm talking about all the people. For example, the sick, the elderly, the diseased, the homeless, etc.... First and foremost is giving the already living a fighting chance at survival because that is who was determined to be brought into this world.

In yesterday's paper, another article appreared of a mother drunk with three kids and the 6 year old had enough sense to leave the hotel room and hitchhike where the mom's aunt found the 6 year old and 20 month year old and 3 year old walking along Central Ave.
The scary part is that Social Services opted to hand these kids back over to their mother even though the mother had already recently been busted for DWI.

Torbinio experienced what so many other women who are "mothers" experience with is the reality of she is solely responsible for the welfare of her children. Which is the reason why so many dead beat fathers are taken to court for failure to pay child support.

Take a look at the waitresses in the community, who when not waiting tables are traveling to and from court on child support trying to get money from a turnip
in the courts from a dead beat father.

One way to help females with children is to educate the "mom's" on better nutrition.

Reducing the amount of abortions by telling females that abortion is murder (when it is not) in New Mexico might just lead to more unwanted "actual" murders of children born into a world where their parents really don't want the responsiblity of raising kids.

Anonymous said...

Here is one place that Torbinio could have taken her 3 year old, which is to a Hospital and dropped him off. New Mexico added a law a few years ago to combat the problem with the frequency in numbers of how many women were dumping their born into existence babies into garbage dumpsters alive, flushing their born into existence babies down toilets and burying their babies. That law allows mothers to take their babies to any Hospital and drop off their babies with no questions asked and no child abuse charges. I'm not sure becasue I'm not an attorney if that law extends out to 3 year olds, too. I would hope that mothers like the one in another state who left her child at a church and later decided like a month later that she wasn't thinking clearly opt for that very same decision process instead of killing their already born into existence children/babies, etc...

Anonymous said...

I looked up New Mexico State Statues under the "Safe Haven Act,"
and read that it is only up to 90 days after birth of baby that a mother can leave a baby at a Hospital without fear of any criminal prosecution. I believe that society would benefit in adding an amendment to the "Safe Haven Act," to include any age of a child under 18 (including teenagers) without fear of criminal prosecution. An amendment would allow a way for "mothers" with children not to fear having their children taken away by the law, but a way to drop off their children without fear of criminal charges like child neglect, or child abuse.


ARTICLE 22
Safe Haven for Infants


Section


24-22-1 Short title.




24-22-1.1 Purpose.




24-22-2 Definitions.




24-22-3 Leaving an infant.




24-22-4 Hospital procedures.




24-22-5 Responsibilities of the children, youth and families department.




24-22-6 Repealed.




24-22-7 Procedure if reunification is sought.




24-22-8 Immunity.

Anonymous said...

She killed her kid, she is in custody and will either spend her life in prison or a mental hospital. End of discussion people, move on with your lives!

No sympathy here said...

There was a state in the Midwest (Kansas?) that had a “Safe Haven” law for any child under 18. The problem was parents who were having normal teenage troubles were dropping their kids off, even from other states. It was taxing the system so they changed the law to a younger age.

I agree 90days is too short. A parent doesn’t know the difficulties in 90 days. Maybe a year would work. Toribio had many chances to send her child with family members, but wouldn’t. She would have killed him eventually anyway. She’s a selfish narcissist who may have used him to benefit her drug use.

Anonymous said...

About 20 State Legislators emailed me about changing the law. One State Legislator emailed that the age should be changed to 10 years of age.

I believe that older children above 10 years old have a better chance at fighting off any homicidal attack from their parent, but a child under 10 doesn't. Listen, if the parents claim to take their child into a Hospital "safe haven" because of stress and not dealing with teenage difficulties, then that might just be an excuse for homicidal thoughts or ideas. I would rather have a teenager, child, taken by their parent to a Hospital, then have the parent loose control and their temper and hit their kid or worse. It is not taxing to the system at all for a parent to admit "that's enough!" That is why Child Services steps in after the parent drops off their child/teenager at the Hospital with "no hassle." Our laws in New Mexico need to be changed to allow just that- parents taking their children/teenagers into a Hospital "with no hassle" and avoid criminal prosecution of abandonment.

community worker said...

Oh, sure, put all the kids in childen's services. The case workers can't handle the load they have now.

How many cases of foster parenting do you hear about a year where the child(ren) are being abused? Only the ones reported, there's a lot. Many people become foster parents for the money. All the posters that think government should just take care of the kids needs to know that the programs can't handle it. Maybe they should put out their names to take in one or more of these kids.

The whole system for children is broken. It needs to be fixed from the top down, but that takes money. Think this current guv would give up his party junkets for the kids? I doubt it!