If you watched the local news last night, especially Channel 4 (KOBTV), you would see that the Schultz/Brandenburg media manipulation is at it again. It was reported that approximately 1/3 of the DWI cases brought to Metropolitan Court are dismissed because the "prosecution was unable to proceed". If you have had any experience with Metropolitan Court, you would know this more than likely means the officers were not able to attend court. Kari Brandenburg stated she did not want to point the finger at just one person, but the lack of support for APD officers speaks differently.
For the most part, DWI cases being dismissed is NOT the police officer's fault. For those who are unaware, here is a quick breakdown of the logistics with officers and court cases. At the most, officers are given seven days notice of court hearings. There are actually times when officers get only one day notice to appear in court. In essence, this means that although officers have days off, they really do not have any days off. This can make it very difficult for officers to plan for doctor's appointments, daycare, personal time, etc.
Instead of being sympathetic to the needs of the police officers, Chief Schultz has (as so typical of the Chief), made it into a blame game with the officers on the receiving end. Memos threatening officers with absolute discipline have been circulating and the discipline seems to be escalating. For example, if an officer calls in sick, some employees are being forced to provide doctor's notes, proof of the sickness, and proof of calling in to the APD Court Liaison Office. How many people go to the doctor every single time they (or their child) is sick? In fact, if an officer is going to miss court, that officer must provide a thirty day notice to APD Court Liaison advising their absence. Again, an officer's scheduled day off is not really a day off, they are at the mercy of the department and the District Attorney.
Day shift Officers are faced to log out at court and are not available to take calls for service. On those instances where the officers are stuck on a call, they must call into court and then later prove they were in fact on a call. Swing shift and graveyard officers usually are at court when their shift is just beginning or just ending. Not only is personal time comprised, so is their sleep time. For example, you can have an officer work from 10:00 p.m. to 8:00 a.m., proceed to court at 8:30 a.m., then they may have court in the morning, afternoon, etc. So the officer may leave court at 3:00 p.m., or even later in the instance of a trial. The officer gets home at 4:00 p.m. or 5:00 p.m., only to go to work a few hours later. For typical case of "when I say jump, you better jump".
Let us not forget the aspect that defense attorneys know the loopholes and many attorneys continue their criminal cases over and over knowing that the one time the officer does not appear, they will more than likely receive a dismissal. As stated in the kobtv.com story, Retired Sergeant Paul Heh, had once attended court 23 separate times for one single DWI case. According to Paul Heh, he has no idea what the outcome of the case was because he never received notice for his 24th appearance.
It would seem like Kari Brandenburg and Chief Schultz are so conceited, they can not admit that the system is severely broken and the fault does not lie within the officers, but lies with the Chief of Police as well as the District Attorney's office. It would have been so nice if either one of them took the responsibility or admitted that the Officers are the ones placed with the burden and are not to blame. , but then again we dont live on Fantasy Island do we?
For the KOB story, click here.
54 comments:
http://www.krqe.com/dpp/news/local/central/apd-pays-millions-to-settle-lawsuits
Here is another example of Ray Schultz lack of leadership. This waste of millions of taxpayer dollars should fall upon the chiefs head. This is where he should be held accountable by the mayor and city council. In the private sector Ray would have been fired for the first million he lost the taxpayers. Under Berry and this city council it appears there is not enough taxpayer dollars waste, Ray will never be held accountable.
Like the article says, the city has 10 million a year for shultz to spend so its ok.
Arrests and prosecutions of DWI offenders are only part of the story. What about DWI vehicle forfeitures, impounding of vehicles, and selling the cars at auction by the City? Two years ago, 1.7 million was raised from auctioning impound vehicles taken from second offenders and boot agreements. Does the APD DWI unit still seize vehicles? What happened to the City Attorney's unit of initiating vehicle forfeiture actions in state court to get title to cars and then sell them at auction? Taking cars from drunk driver was an effetive tool, but Berry, Perry and White gutted the program. Forfeitures are down close to 50% as are the revenues.
It just might help to schedule the offender at the convienence of the officer on all Metro Court hearings instead of he other way around. The entire manner inwhich DWI's are handle needs to be revamped. What makes things worse is that I was once told by a judge that the court really didn't like to find a prson guilty and have it stay on their record because it would impact their insurance premiums????????
Metro and District Court are a joke. ADA's and Defense Attorney's making deals before the Officers show up. If a plea is made then it's not a dismissal but I have a real problem when a drunk driver with several DWI convictions on the MVD record is allowed to plea to a suspended/revoked drivers license and the DWI is dropped that my friend is a dismissal not a plea. IT WILL TAKE A PROMINANT POLITICIAN TO LOSE A FAMILY MEMBER TO A DWI DRIVER OR A MURDERER BEFORE ANYTHING IS CHANGED IN THIS STATE...
Bottom line is this, D.W.I. cases being dismissed is not the fault of officers not showing up for court. If anyone wants to debate this issue with me in any public setting and expose the truth,then please set the stage. I will meet anyone anywhere in public to debate the issue. I am sick to death of officers being blamed for everything. This court issue is easily solved but no one wants to do it. As always I will not respond to anonymous comments.
Sgt. Paul Heh and his chronic abuse of overtime (the $95,000 a year Sgt.) was one of the main reasons Darren White and Ray Schultz changed SOP requiring arresting DWI officers to take charge of offenders from arrest,to tranport to the west side facility, to prosecution, and NOT turn over to the DWI unit. The union contract also contibutes to overtime abuse where officers can charge a minimum of two hours ovetime for court appearances that normally last 15 minutes or less. Each time a case is continued, the assigned officer, like Heh, racks up hundreds of dollars of overtime. Heh complains about the system, but he was the biggest benificiary, figuring out that each time a case was continued he could get paid more and more overtime. Schultz has never been effective in getting a handle on APD overtime, with the the Department busting the overtime budget by 1 to 2 million each year and other departments suffering cuts because of it. Heh talks of debating others, but is he willing to release his tax returns showing what he made over the years in overtime???
This is the true test to see if you cops really have the public's interest and safety at heart. The above poster made a great point. The OT system has been systematically abused for years. 2 hrs of overtime for 15 mins of work! In essence, that abuse has sustained those fancy motorcycles, the big trucks and the "what's in it for me" attitude that is so blatantly displayed by you, APD and it's officers. If you were really concerned about budgets, public safety and wanting to spend time with your family, well then do what State Police does. Comp time in lieu of OT? State Police doesn't have a problem with their OT budget do they? The public should demand that APD get their OT budget in control. Subsequently, it's OUR money (taxpayers) not theirs (APD and its self serving force). Once again, a weak argument EYE for a bunch of crybaby "entitled" Pubic Servants.
Paul heh help keep drunks off the road. I thought that that was part of a cops job. And I didn't know a human life had a price tag on it.
Sounds like sour grapes for the Sgt Heh OT. Why should it matter how much a person makes in OT when they are out doing their job. Heh and a few other hard working officers did their job and I am sure they would much rather be home sleeping or being with family then sitting around waiting for the MANY scheduled court cases to drag on. And its not the officers fault that they get a mandatory two hours OT if they are only there 15 minutes. I say money well spent. I agree with Captain Gilmore and the scheduling should be done for the officers and not the SHITBAG TURDS... How can an officer be in 6 different court rooms at one time. And even when they do check in some of the cases are dismissed because the defense attorney's start whining about how the officer isn't present. But when a defense attorney is late or not present the case gets continued. And the DA's office just goes along with it. DISGUSTING to say the least...
Ray never tells the whole story. The only way he would, was if the entire story entirely benefitted him only. This is why he uses the Albuquerque Journal to disseminate his bullshit. It is always Jeff Proctor writing his lies. EVERY SINGLE STORY CONCERNING THIS FAKE IS WRITTEN BY PROCTOR. Does anyone see this?!?!?!?!?! Does anyone else see the psychological operation being undertaken here by the administration and the media in order to promote Schultz and company? It's not real complicated. The citizens of Albuquerque should be outraged at how they are being mentally manipulated and treated like trainable sheep. Schultz pushed for the hiring of officers, and now he is acting like THAT is the problem here. Are you Fckin kidding me??? Was it not Schultz who flew to another state to talk down the charges of officers who were facing felony charges?!?!?!
I believe Schultz arrived on scene at a police shooting in the valley and attempted to CELEBRATE the shooting with one of the involved officers who was sitting in his car by trying to punch knuckles with that officer. The officer happened to be a professional and did not respond to Schultz. Isn't that what he just accused officers of withgout any proof whatsoever based on an assumption??? Maybe that officer needs to be subpoenaed to an impeachment hearing to reveal the level of the Chief's hypocrisy. It takes a purely evil, conniving, manipulative deceiving, treacherous individual to plan out what Ray Schultz and his underlings have. People, Just look at the timelines. The downswing of APD under Schultz. The 20 plus shootings. Ans NOW Svhultz is taking action??? Do these clowns really think they are fooling someone. You can compare their stupidity and lack of control to the dope who finds the bag of money that just dropped off the back of the Brinks truck. They don't even have the self control to let the dust settle before making an inexperienced knee jerk decision. THEY get caught with their pants down....What do they do? Predictably take a minute to fabricate a story (lie) and run with it and use that lie to further their agenda. Watching them stick their heads in the noose is getting comical and entertaining. They are all about control and manipulation. This is why some fat bag of shit is making trwice the salary of a cop for stuffing his fat face and making media appointments for the chief. What a disgrace.
I just found out that Felipe, the VP of the APOA, is going to get promoted to Sgt. and STILL be the VP. That means he gets the raise, gets sgt. pay and wont spend a second in the field. That is ludacrious. If he is swindling the city money, what is he doing with the APOA money?
I am pretty sure Felipe wont be allowed to be a sgt and be VP I would have to see it to believe it first.
Yoki got his job back.
this has gone on for over 20 years. No one cares. I retired 3 years ago and it was the same thing going on i the 90's. The system is a joke..
So what if he is being promoted to SGT. SGT's and LT's can run for the President and VP positions if they choose to. Stop trying to create drama that isn't there and educate yourself.
So what, well it is another scam by the union. there is a supervisor position. for the city to pay a sgt to and he wont even be acting like a sgt. ask them, they have already gotten permission for him to stay. joey said another officer that is on the board had to leave because he got promoted, how come felipe doesnt?
Great idea why don't some of the families whose loved ones were killed by a repeat drunk driver offender sue the ADA's and attorneys who got them off. Maybe when they are made responsible for the scum they want to let back onto the streets they will think twice.
The union's officer and board positions should be unpaid volunteers, whose day job is law enforcement. The union should hire an executive director who is accountable to the board but runs the union's day to day activities and hires a professional staff that works with the membership and handles negotiations, lobbying, etc. Then, the people who really want to see the union succeed would run for the positions even though they are unpaid, rather than looking for a brass ring for themselves.
The OT should be reduced to 1 hour minimum and its time the union teamed up with MADD and put a huge amount of pressure on the judiciary to move cases properly and start reporting lawyers to the state bar who constantly postpone. Judges who entertain too many postponement move to disqualify or report to the judicial standard commission.
Your cops, get some balls. You have to deal with these people just like they were on the street. Playing along has accomplished nothing for you, so rock the boat.
Go to the APOA office and read the by-laws, it will answer all of your questions and prevent you from looking like a whining dumbass on public sites.
He doesn't have to leave because they make deals not to back officers and keep their mouth's shut during the political public hangings of those officers. It is obvious. Albuquerque is turning into Juarez.
Why is officer angelo lovato getting off scott free for lying? his story was on the news. Yet another example of the chief playing favorites
Even if it is in the bylaws, does he not have any work ethic? so hes getting a sgt. pay and yet he is getting paid another chunk of money for being a vp. both of them act so high and mighty and are nothing but lying thieves. where is the log book showing what you are doing to earn your pay? why do you constnatly tell one person one thing and another person the opposite? i heard everyone on the board has credit cards. why dont you have any accountability and why are the officers allowing this to happen?
I just read the article by none other than Proctor again in the paper yesterday. I have never seen the likes of this. Are these people crazy. They thought that hard about who to blame and point the finger at, and after all of their brain storming, all they could come up with was the hiring of officers in the last decade? Is that the blanket explaination for things here...and the reason for their failures? They insult officers and candidates? That was really stupid because a little research will show who is getting in trouble, and just who are the ones getting into shootings. Comparing that with people who have been with APD over that time will discredit those accusations quickly. Stats don't lie unless you are denied them under the cloak of "it's confidential".
Transparency is evident in that article. The transparency and predictable nature of Schultz'z and the Mayor's scheme to shift blame to get out from under their mess. The Mayor should have replaced everyone upon his election win. He has no clue and no experience so he kept them in place for direction. The wrong direction. Now it is too late. It has gone too far. They are dug in. The lies and corruption have gone too far. Their idiocy is shining through. This situation is being run like an immature high school student government. Their answer to everything is pointing the finger and lieing about it. The first thing they do is run to the media. Good competent deeds shine through, and are noticed. An incompetent non leader needs to force people to think he is doing a good job with smoke and mirror tactics. They need a forum to blow their own horn even if it is all lies, a house of cards built on a sand hill. Their only forum is running like a bunch of children to the news and papers. It is all they have. If you break it down and look at what they are doing, instead of what they say they are doing, they are totally worthless.
Today is the start date for Orlando Camacho's trial against the city and Schultz. It will be public record. This is just more fuel on the exposure he will get for his illegal behavior.
You can dangle shiny new cars, with shiny paint in front of people to bedazzle them. You can have your paint color scheme poll to make them feel all warm and fuzzy about being a part of the decision. You can don your wings and halo while pointing at others while holding your PERF study. You can lie, cheat, and trash your officers. Fact of the matter is, those who matter and want justice are gathering information and getting ready to use it to make sure the dirt is swept out the door.
Crime is bad. Criminals are more violent than ever. Schultz's puppy dog policy of hiring will only bring in cops for slaughter and create an atmosphere of fear on the streets. If the officers are afraid to do their jobs, you can bet the citizens will be afraid to walk the streets. Any law abiding citizen realizes police work is not pretty, but it needs to be done. Holding hands and feeling empathy towards a criminal trying to kill you does nothing but get you killed. All of this bullshit to protect one lacking incompetent police chief's hide, and get a do nothing mayor reelected.
I don't believe a word out of Schultz's mouth. APD has been known for it's police shootings for well over 20 years. Now, all of the sudden he has a problem with that. The devil is in the details. Schultz was an officer here. Someone needs to crack open the acchives to pull out his file. Let's see what he's done or not done.
Here is some scoop from an insider: Major Berry's brother-in-law owns a temp employment service. Many people working for the police department are employed by this agency, Schultz condones this and I wonder how many people are getting their palms greased?
http://joemonahansnewmexico.blogspot.com/
Why is it Joe Monahan is holding Schultz feet to the fire and not the Journal? Is the Journal beholding to someone on the 11th floor (the monthly posting of DUI and white collar criminals)? Proctors story was like a Seinfeld episode, a story about nothing. He never went after anyone in charge in this story. Just danced around and said nothing.
If you want hard hitting news, read Monahan.
Angelo? What about officer wheeler? hes tied with the whole levi chavez mess, and still is a training officer
does this chief not get it? sgt hoffman is put back in field (God help us all) and a new rookie cop is put up there with dayshift, weekends off. Yeah, that is fair Chief. thank you again for screwing all of us, even those hard working officers.
Great news Sergeant Trish Hoffman has been transferred to the field. Day shift S/S off. I guess she decided to go back to the field but only when day shift with weekends off were available. Let's see how long she stays out here... I wouldn't want to be in that squad...
So, who would you like to see as the chief? I've not seen a lot of solutions offered. Someone from APD with APD baggage? Perhaps someone from outside your department? Discuss, damn it!
To answer the Joe Monahan question... Because Monahan has A SET... And he is as tired as all of us are that the 5th & 11th floor have been able to continue their ways without being held accountable. ICE BERG STRAIGHT AHEAD...........
What's that?
It's gold plated!
Lumpy long and round.
Someone even dipped it in perfume!
They tried to polish it too.
It looks pretty.
Don't squeeze it.
It came out of an asshole.
A turd is still a turd.
Just like everything Schultz says and does.
In the end..... Worthless and meaningless.
"BERRY MADE UP RULE" WHEN WE NEED THEM. THEY SHOULDN'T EVEN BE LETTING THIS HAPPEN. OUR UNIONS, EVERY ONE OF THEM, ARE WEAK, STUPID, AND WORTHLESS."
This is patently false and could not be any further from the truth if you tried.
The requirement of a Doctors note was a policy that was instituted under former Mayor Martin Chavez. How come this is news to you now? Perhaps you were one of Martys minions and the rules then did not apply to you as they did all the other "non minions"?
Being held accountable is so hard for some people, especially after having so many years of no accountablitily, being held to different set of rules/policies, and ripping the COA taxpayers off. I too found it offensive that I had to provide a doctors note to my "boss" who had nothing more than a high school diploma from West Mesa High School makeing over $80,000 a year. Thank former Mayor Chavez!
If it's worth anything to you, Mayor Berry has his minions too. They will be whinning and crying the same way you are today when their gravy train comes to an end and they are held to the same standards as all the other employees.
It doesn't matter who the Mayor is or if they are Republican or Democrat everyone of them, this one included surrounds themselves with their yes men/women who bilk the taxpayer for as much money as they can before the next election.
Regarding 12-12 4:02PM
We had an outsider and his name was Galvin a numbers man just like Schultz, "bring em on good,bad or indifferent andto hell with the potential for lawsuits. Galvin was a hatchet man, he did not understand APD, just not a good fit. Anyone associated with the current PD administrations now or in the past should not be considered. Your thoughts.
We should not even begin the conversation regarding a new chief until the current one leaves or is fired. Schultz has driven APD over the cliff. Someone should draw a cartoon showing him kicking a taxpayer (like the video of his officers), except everytime he kicks more taxpayer money comes out of the taxpayer (the tens of millions in lawsuits he has cost us). That is the real beating the taxpayer is taking. In our pocketbook because this chief, this mayor and this city council do not hold themselves accountable for our tax dollars.
I say kick them all out. Vote NO every time a bond issue or tax increase is put on the table. Until the elected leaders and their directors realize the taxpayer is done giving them a blank check, nothing will change.
Yes, I believe a complete overhaul of the uper command of APD is in order. There can be no aspiring Deputy Chiefs from under Schultz left in power. Schultz should be removed now. They should start interviews for a new chief from the outside, or from a couple recently retired commanders who knew that they were outnumbered and they didn't have a chance. Competition creates animosity. I truly believe a few commanders were stagnated because of jealousy over how they were respected by the rank and file along with their integrity which the current command lacks. The 5th floor couldn't lace a pair of tennis shoes if they had to do it together. As far as Chief Schultz'z integrity, he has none. He blatantly told a commander, when that commander brought a complaint against DC Banks for untruthfulness, that he wasn't having it handled because he was a DC. That's integrity for you. All fo this will come out in due time to show just what this chief's word is good for.
http://www.krqe.com/dpp/news/crime/emergency-meeting-planned-on-troubled-nm-officers
This guy is funny. Is running to the media to cry all he knows how to do, when he does not get his way?
The Attorney General needs to start with the chief. The hypocricy here is running rampant.
Not too much of a numbers guy. There was a hiring freeze under Galvin.
I wonder if the APOA bylaws have a section that states it's ok to use union funds to take out of town trips to screw your girlfriend while your wife is at home? I wonder if the bylaws state that whenever you wife finds out, you cry like a little girl and beg for her forgiveness, and then give her a job at the union, paying her union money? Do the "bylaws" state that Joey? Or are you just fucking over every officer like you do your wife? Keep your crap up Sigala....it's all going to come out in the wash.
You guys/girls need to stop complaining about Joey and Ray. Either go to the next union meeting and recall Joey and vote no confidence in Ray, or just go back to work and accept that you are cowards.
Unions suck, but they serve a purpose. The only useful things the APOA does is provide officers with a legal defense and sorta negotiate a contract. It was talked about in the past, but the union will be inept unless you join the teamsters or similar, and just get prepaid legal.
Once again there will be an APOA meeting this thursday and only the same 8 or 9 will show up. haha Nobody wants change. Joey is doing a fine job as proved by attendance of these meetings. Enjoy your free time on thursday night people cause I KNOW where you wont be.
Once again there are the limited few who bitch when they do not get their way. There is no mass exodus of employees from AFD or APD. If you are unhappy then choose another career. Until such time that the majority supports your view you are wasting your time complaining about issues you yourself will not address. For the folks that have pride in their choosen profession please do us a favor.....find employment elsewhere vice trying to fragment the community you swore to protect.
I don't know when the next AFSME or AFD union meeting is but the next APOA meeting is on the 15th. Show up and voice your concerns or for ever hold your peace...please!
Jealous, envious is all I can say. I have to say it is quite pathetic though and hilarious at the same time. You complain about people and consistently talk about them. I guess you just want to be like them but you can't. Why? Because you are weak and not worth the shoes you put on your feet. If you think you are so great and will make a difference......well start!!!! Oh wait I forgot you will just sit in your uneventful miserable life and wish you had someones elses life.
Yes there is a mass exodus. Just check out the numbers. Just look at how many officers have retired in the last few months. No one is going to jump on the sword in todays economy with a family, buy just having employment does not mean that you have to agree with the corrupt nature of the agency. In case you have your head in a hole, not only cops are unhappy, the citizens of Albuquerque are disgusted with the Chief and Mayor.
Not mine you just want anyone but yours!!!!!! You envy others but it is ok, everyone envies someone. You guys just take it a step further it is just plain jealousy
The whole story?!? You would be lucky to get anything that resembles anything near what happened if cat head ray is tellin it. Expecially if he's at the direction of his handler levy. Those two would implode a lie detector if they even looked at it.
I AM THE WIFE OF AN APD SEARGENT AND I WOLD RATHER HAVE HIM HOME THATN SITTING IN COURT FOR HOURS AFTER HIS GRAVEYARD SHIFT. i AM SICK TO DEATH OF EVERYONE BLAMIN THE POLICE FOR LAL THE PROBLEMS THIS CIYT HAS. IF YOU DONT LIKE THEM, DONT CALL THEM
Well said wife!
They need to put the blame right where it belongs. Right with the inept chief and his not so merry band of corrupt henchmen and henchwomen. There's a train coming to town and it's called karma. Full speed ahead!
I heard a pale horse is following it too... Hahahaha.
A pale horse rider is indeed following it too....
For all of you out there that is it the fault of the officers.. and for that matter the police department that are court overtime expenses are so high... Take a look at other states. In most states officers rarely or NEVER go to court for misdemeanor offenses. The officer's report is their testimony. APD's overtime court budget problems exist due to the defense bar, judges and mainly the district attorney's office. There was a proposal made to the court rules committee a few years ago that would set a plea deadline. Much like our 180 day rule or 30 discovery rule. One major difference was that the Plea deadline could not be changed or extended. The plea deadline would be prior to any court settings that would require officers to appear in court. Of course the defense bar was out in force to vote the idea down. And not shocking... the judges were against it too because it would prevent their favor to the defense bar of continuing cases multiple times and then dismissing the case the one time the officer failed to appear. Had the Plea deadline gone into effect it would have cut APD's overtime by between 50% and 75%. Kari Brandenburg did not even bother to weigh in on the idea. Officer's lives are controlled by their court dockets...two hours pay isn't adequate for the inconvienance.
Paul Heh took more drunk driver's off the streets than probably every other APD sergeant combined. His health suffered, and still does because of this service to our community. Paul didn't set his court docket... no officer does... whatever he made.. it was well deserved. Anyone who wants to trash Paul Heh needs to walk through the halls of metro and look at the bags under the eyes of every DWI officer and remember the bags that used to be under his eyes. Job well done Paul!! The streets of Albuquerque are more dangerous without you on patrol. Enjoy retirement... you deserve it!!!
It was certainly interesting for me to read the blog.v I'm glad that found it. Its entertaining.
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