Changes Again

Back in 2008, we at the Eye alerted our friends to the many financial irregularities going on in the APOA. You see, as we reported then APOA president Ron Olivas certainly enjoyed his unsupervised use of the APOA credit card courtesy of member dues money. From cigar purchases to daily lunches, Olivas fed himself and took care of himself well.

Then when accused wife beater Joey Sigala took over the APOA, Olivas left and went to APD's Intelligence Unit. While Olivas was there, he leaked information about an FBI investigation concerning a friend of former officer Brad Ahernsfield to Mr. Ahrensfield himself. While then Officer Ahrensfield got hung out to dry, Olivas took over 100 hours of unpaid leave and then was allowed to resigned with his pension.

Oddly, then APOA President brought a confirmed liar and leak on APOA salary as a "labor consultant" and paid him over $40,000/year plus a handsome package of benefits. Including new suits.

 

Since back in 2008, many of our Eyes continued to advise us that Mr. Olivas was essentially a double agent. While he spoke a big game of representing the membership; he was also endlessly leaking information to APD Chief Ray Schultz and Albuquerque Journal report Jeff Proctor. This continued both from his time as APOA President to as recently as last week according to our Eyes.

And finally, we are told, Olivas was caught leaking information out (to Schultz) about the recently elected APOA President Stephanie Lopez.

So the question to ask is, how many officers did Olivas harm in leaking privileged information? How many other Ahrensfields are out there? What about former officers Doyle and Woolever? What did Olivas know and what did he do with that information?  Our Eyes tell us, Olivas and former APOA vice president Tommy Henderson not only ran their mouths like faucets but went so far as to keep their own files on officers and their allegations of misconduct...just in case.
 

We invite Mr. Olivas to respond to these concerns. We know he's been a frequent poster in the past. And Ron, don't think we don't know who you've been seen with lately either. Something involving small fruit we are told...
 

Sadly, this is but the first of a few stories this week involving traitors to APD rank and file personnel. Not only has Olivas betrayed his oath and his loyalty to his brothers and sisters, but a certain spouse has been causing quite a stir. The time for that little nugget to see some daylight has come. President Lopez made a command decision to rid the APOA of Olivas.  We applaud Lopez for her vigilance and loyalty to serving the APOA membership and the citizens. Nobody likes a rat (well, except Schultz).

Don't worry maam, we're happy to chat anytime, anyplace. You can even bring whom we suspect is your new buddy, Ron Olivas with you....

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.

Chief Costs the City $175K While “Dawg” Defends

According to the Albuquerque Journal (read it here), “The city has paid $175,000 to settle claims brought by three women against the Albuquerque Police Department and a former reserve officer…” The Journal states in the lawsuit, David C. Young, a radio technician, “misrepresented his position and authority, claiming to be a detective and a commissioned officer when he was in fact a civilian.” We all know a good chief knows what is going on in his department, right? Not APD’s “I know nothing” Schultz.

Our Eyes behind the badge tell us there have been several questionable incidents involving Dave Young while he has been with APD. Young was assigned, at one time, to the Departments’ Special Investigation Division (SID) as a quasi-fleet coordinator (one of the Good Ol’ Boys). Our Eyes tell us Mr. Young had several issues but all were swept under the rug. Then again, you need to keep in mind that APD’s SID Unit does whatever it wants, remember the Brad Arensfield case? Guess who was behind that mess? If you guessed APD’s SID Unit; you are 100% correct. Our Eyes tell us that this unit has been run by and with rogue coppers.

Apparently the Chief doesn’t care because he has done nothing to correct the problems or is waiting for another million dollar suit. When the next suit hits, Schultz can have his guard “Dawg” Kathy Levi attack this new blunder and start the regular rhetoric; “The main thing to remember is that when this was brought to the attention of the chief, he suspended it.” These reactive responses are too little; too late Chief.

In the Journal it states, “The women claim David C. Young, a department technician who was allowed to work overtime as an undercover officer and arrest suspected prostitutes, misrepresented his position and authority when arresting them.” It appears that more payouts are on the way. The Journal also reported, “Attorney Arne Leonard said the recent settlement takes care of pending federal litigation, but a separate state action filed against the city in May by the Kennedy & Han law firm is still pending. That lawsuit was filed on behalf of 12 individuals to set aside convictions in cases in which Young made the arrest.” If the cost is $175,000.00 per every three persons; the City will need to pay out an additional $700,000.00 for the 12 individuals that are pending. The new total; $875,000.00. That will bring this debacle to around the same amount as the Costales debacle.

According to the Journal, Deputy (Dawg) City Attorney Kathryn Levi stated the settlement was paid out to two women who filed suits against the City and a third women just asked for the dough and did not file a suit. Must be nice for the third women; “Ask and you shall receive.”

The Journal investigation also reported, “He even wrote criminal complaints testifying under “the penalty of perjury” that he was a detective with the Albuquerque Police Department…” We figured if Schultz could fudge under oath, it must be okay for APD’s premier radio technician to do the same. Schultz was convicted in Federal Court of fudging the truth concerning former APD Officer Sam Costales. The Jury slammed Schultz who was convicted of civil rights violations which resulted in a huge award in favor of Costales of for $862,000.00.

According to the Journal, Young stated in an email, “…it had been a tough week and ‘I need to point my GUN at somebody.’” Let’s make sure we have the story correct. This dork comes out of Sherwood Forrest and feels a “need” to point a firearm at an Albuquerque citizen, right? Does anybody see a “loose cannon” ready to go off and hurt one of our citizens? Oddly enough, an APD supervisor thought this was a good idea? Can anyone say, “Culture of Corruption?”

Ray Schultz’s number two guard dog, Deputy “Dawg” Kathy Levi, stretched out her neck for Schultz stating, “The main thing to remember is that when this was brought to the attention of the chief, he suspended it.” Who is Levi to instruct anyone on what to “remember?” Schultz screwed up again and Levy wants us all to “remember?” Really? Well Ms. Levi, everyone “remembers” all the debacles that your Master Schultz has caused and no one will forget it either. Just a reminder Levi when a neck stretches out, the end result is not pleasant.

Santa Schultz keeps costing us tax payers but Mayor Eeyore Berry thinks Schultz walks on water. The Mayor should be deducting 10% from each settlement out of Schultz’s pay. Schultz might actually start watching and managing the Police Department. For now; Schultz “skates” again.

The Honorable Judge Parker Restores Faith

Today Former APD Officer Brad Arensfield learned his fate. Arensfield was convicted in Federal Court of Obstruction of Justice. The Honorable Judge Parker sentenced Arensfield to: six months (and one day) in prison, six months of house arrest, and three years of probation. The Eye would like to salute Judge Parker. This man truly applied common sense in sentencing Arensfield. The sentence was reasonable, given the circumstances and justice has been served.

It was comical watching Assistant US Attorney Yardbird make himself look cheap along with belittling the Office of the US Attorney. Yardbirds’ only claim that he rejoiced in, was Arfensfield was a convicted felon and could not be a copper. We here at the Eye expected a professional display with statements such as; “Justice has been served” or “the people prevailed in this case.” No, Yardbird sounded like he was just released off the farm. This prosecutor should have shown up with a straw in his mouth wearing a pair of faded coveralls.

Our Eyes tell us Arensfield’s attorney will be appealing this case based on the fact that evidence was intentionally withheld by Assistant US Attorney Tara Neda. The records show that Neda has a past pattern and practice of intentionally withholding evidence in Federal cases. In all probability, a higher court will rule in Arensfields’ favor.

Per Our Eyes Request; Regarding the Brad Arensfield Text Messages

Please read below through the links provided. The two links will take you to two of the stories that we ran here on the Eye.

Read it here and here.

Brad Arensfield Speaks out at City Council Meeting

Former APD Officer Brad Arensfield addressed the Albuquerque City Council and spelled out what he has been through with APD and the retaliation he has suffered. Arensfield told the Council that he could not understand how Chief Ray Schultz, who was convicted in a United States Federal District Court of civil rights violations, is still allowed to serve on the New Mexico Law Enforcement Board. Arensfield stated that Schultz is a liar and runs APD with the use of retaliation. Arensfield offered proof from the records provided to him by the FBI.

Arensfield read the record out loud. It stated then, Deputy Chief, Mike Castro, was ordered to do an investigation on Arensfield as retaliation for testifying at a homicide trial involving another APD officer. As a result of the testimony given by Arensfield, the officer who was off duty when the death occurred was cleared. Schultz wanted the other officer fired as a result of the (justified) murder. After being cleared, this opened the way for the other officer to be reinstated with APD. This infuriated Schultz.

Arensfield is set to be sentenced shortly for obstruction of justice in an FBI investigation. Arensfield was convicted of notifying a friend about what he believed was an APD investigation. Arensfield’s son worked at the business that was being targeted. Arensfield removed his son and told the owner about the investigation. The owner stated that he already knew about the investigation because Darren White’s wife had been texting the owner’s wife about the investigation with all the details. White told the owner and his wife that he would take care of all of it and clear Arensfield. According to the owner, White claimed that it was all a political set up. The owner claims White lied at the FBI trial and failed to follow through on his promise to correct the record.

Schultz has lied several times and proof does exist. The question then becomes, why does Berry keep him? "The writing is on the wall." It is time for Berry to clean house.

Arensfield acknowledges his poor judgment but this case does not warrant prison. Knowing how corrupt White and Schultz are, this is a good time to show your support for Arensfield.

Please send either a letter of support for Arensfield or an email. The information is as follows:

Jason Bowles Attorney at Law
201 3rd St. N.W.
Albuquerque, New Mexico, 87102

Or

Email jason@bowlesandcrow.com

A Great Way to Show Your Support!

Is the Albuquerque FBI Oxymoron’s?

As reported to you by the Eye, there is the appearance that our local G-boys may not have been completely forth coming with information and the truth during the Brad Arensfield trial (see here). Now the local FBI wants you to trust them and report public corruption to them. Well FBI; consider this your first big case and investigate your own people who were involved in the Arensfield case. There is no difference between flat out lying and not saying. Any act or omission that involves untruthfulness is lying. Click on the link above, all the information you need is there for you to get started.

The First Amendment states, “The amendment to the U.S. Constitution that guarantees freedom of religion, freedom of expression (including speech, press, assembly, association, and belief), and freedom to petition the government for a redress of grievances.” The FBI should consider this a “petition to the government for the redress of a grievance.”

As reported in the Journal (see here) “People can dial 505-889-1580. A recorded message asks them to leave their name and a brief message, and says their report will be looked at.” Really? The FBI wants you, to call, and leave your name? Really? You might as well call whoever you’re reporting and give them your information directly. From there you can call the mortuary and make arrangements for yourself.

If the local FBI wants public trust they must earn it. Any solid leader knows that respect and trust is not simply given; it must be earned. The Feds need to clean their own closet before they start digging in anyone else’s. With the Arensfield case alone there are enough skeletons to fill the Santa-Fe National Cemetery.

Here is a comment that was posted on our blog last week. This is “Joe Public talking.” It has been edited to correct spelling and delete profanities. “Yeah, let's use the news station FBI report corruption link to report the corruption in this city. The next thing you know Darren and his goons will be at your door step giving you a ram rod. Yeah go ahead and report corruption to the ones committing it. Good luck with that. That is funny. Oh, and far as THEIR anonymous; trust that. They’ll find out who you are and do some bad bogus zoning things to your house, or frame you for something.”

Proposed Appointment Leaves Fox in Charge of Henhouse

The Honorable Governor Martinez’ blunder will end up costing all of us. By Darren White’s past, it is clear to see that these judges will feel the wrath and retaliation of White. During White’s tenure as Sheriff he “served on the board of directors of a group that launched an advertising campaign targeting judges in 2004” as reported in the Journal (see here.) Any of the public who has educated themselves on Whites’ past know that he will now have the power and backing of the Judicial Standards Commission. Appointing White to the Judicial Standards Commission is no different than the Governor appointing a KKK member to the Human Rights Commission. With White on the Judicial Standards Commission, it’s truly like “leaving the fox in charge of the hen house.”

White has a history of questionable actions. Whites’ history includes everything from paying over $333,000.00 by proxy for a machine that his department never used, to allegedly lying on the stand during the Brad Arensfield federal trail.

White may try and defend his Republican appointment to the commission, but many view this appointment as political corruption as the Manny Aragon case.

White asserted to the Journal, “he’s probably has more experience than anyone else on the 11-member Judicial Standards Commission in handling allegations of misconduct, because of his roles during 16 years in law enforcement.” Strange… retired Deputy Chief Michael Castro is on that panel. Castro has over 25 years as a fully commissioned police officer. That assertion Mr. White is a bold face lie. Another point that comes to the front is, if White considers his 16 years in law enforcement as a way to pound his chest proudly, what about Brad Arensfield? Arensfield had 15 years in law enforcement and possesses much higher and stronger credentials than White. Arensfield testified as an expert in the Orlando Comacho murder trial. Comacho was found not guilty.

White pounded Norman Thayer. According to the Journal, Mr. Thayer is a partner in Sutin, Thayer & Brown, whose employees have donated to Democratic campaigns, including former Gov. Bill Richardson's presidential bid in 2006. Later in the article White said he was not criticizing Thayer's fitness to serve on the commission, but pointed out that both he and Thayer have engaged in advocacy. It is an unprofessional tactic in many people’s opinion to “push someone under the bus and then say ‘disregard.”’ The damage has already occurred.


White is quoted as stating, "I believe that every member of the judicial commission has views on public policy issues, and expressing those views is not a disqualifier or virtually every member of this commission would be unable to serve," he said. We now know where White has been. He apparently has been living in a “virtual world” where he can do as he pleases without ever having to be responsible for them. It is inappropriate for White to compare himself to others on the commissions who have no baggage.


The Journal stated, “he (White) said the governor asked him to serve on the Judicial Standards Commission and he agreed, he said he did not seek an appointment.” Next time you need an appointment Governor Martinez look at the top shelf people before you start picking through the rubble. If you need glasses let us know; otherwise, people will start calling you “Ms. Magoo.”

Did Journal Reporter Jeff Proctor Print only half Truths?

The letter below was sent to the Eye by Brad Arensfield. Arensfield is a former APD officer who went on trial for tipping off an FBI target, on an investigation. Arensfield claims he is innocent and the leak came from Chief Public Safety Officer, Darren White, via White's wife.

This letter is being published in its' entirety and has not been edited. The Eye has asked the same questions repeatedly. How come the local media does not report a lot of the local stories on the Berry Administration or City government? And when they do report it is full of half factual information. Arensfield sent this letter to Journal Reporter Jeff Proctor in reference to a story he ran on March 24, 2011 (See here). Proctor has failed to respond to the letter. At that point Arensfield sent the letter to Proctor's Bosses (Charlie Moore and Karen Moses) and to the Eye. Did Journal Reporter Jeff Proctor only print half truths? Does the Journal violate ethical standards? You decide.

Subject: Email to Jeff Proctor

Jeff,
Are you that much of a hack that you only ever report half of the story and never once ask any important questions? You apparently only write what is spoon fed to you by the Berry administration or the U.S. Government.
How about the evidence WAS withheld! That is not disputed and only discovered accidently during the trial in Dec. Why didnt they turn over the only taped interview of the whole case to us or even let us or Shawn Bryans attorney even know they had it??? Why didnt they investigate the text messages when they found out about it in April 2010 when Bryan tried to turn it over to them?? Why did they wait until days after Erika Bryan wrote a letter about it on the Eye on Albuquerque(10 months after they were made aware of it)? You didnt even mention the missing Lab report, which by the way, is even a more serious violation of the law (Giglio), the reason is, they never had a Federal case and lied on the stand (look at the transcripts Jeff) about how much Crack/Cocaine that was tested (2.89 grams cocaine),,the federal standard for Cocaine is 500 grams,,the Federal standard for Crack is 5.0 grams,,,,they had neither,,,did you look at that the lab report? It says Cocaine!!! That means they are 497.11 grams short of it being a Federal case! Doesn't that make you wonder at all??? Look at the date of the Lab Report they had it 6 weeks before the first trial April 2010,,we got it 1 month ago and had to demand it!,,,why wasnt it turned over a year ago? You also consistently overlook the fact that AUSA Tera Neda has a history of doing this- 5 documented times and a Federal Judge has made an opinion on her (Judge Hansen) and sent a person to prison for 2 years before it was discovered (USA v Torres) he was released immediately! There is a story here and I cannot figure for the life of me why you or anyone else in the media has not grasped it yet! You owe the citizens of Albuquerque the whole story. Isn't that what a responsible reporter is required to do, report all the FACTS and the TRUTH?

Facts do not lie. The Eye is dedicated to bringing you the truth.