Anonymous

WE at the Eye have been saying for years that there is no better expression than "nature abhors a vacuum" to describe the risk city mayor RJ Berry, city CAO Rob Perry, and then APD chief Ray Schultz have put Albuquerque and the Albuquerque Police Department in for their unbridled abuse of power and corruption. And thanks to the local media's generally weak scrutiny of the city and it's beleaguered police department, there is a huge vacuum between how things are, and how they should be.

You see, nature has a way fixing things. It has a way of fixing the gap between what is just and unjust.

You cannot falsely justify or fabricate reasons to kill people by your police force without consequences.

You cannot cover up murders of opponents and outspoken civil rights advocates without consequences.

You cannot violate even your own police officer's civil rights and fabricate charges without
consequences.

While almost 18 months ago, the US Department of Justice announced their investigation into APD, it seems their investigation has evolved into one that includes disgraced chief Ray Schultz and the cronyism of RJ Berry and Rob Perry.

But now, an even more powerful force has entered into the fray thanks to the unbridled actions and failures of Albuquerque's leaders. Thanks to them, they have failed us. And now nature comes forward on March 30, 2014 to help make things right. The gap between what is just and unjust is about to brought to daylight.

Hello Anonymous....

 

https://www.youtube.com/watch?v=kuinzEynAxM&feature=share

APD Violates Federal Law

In the days since the conclusion of the Doyle v. Schultz labor hearing, our Eyes have gone in overload with the flooding of astonishing revelations and apparent violations of law by APD personnel. Compounding these issues, Chief Schultz's faithful propagandist the Albuquerque Journal's Jeff Proctor, spun the hearing into a forum by which the "FBI Gets Excessive Force Case" when in fact the headline should have read "APD Violates Federal Law."

You see whenever a police officers is hauled into IA for an administrative investigation, they are REQUIRED to answer questions put forward to them by the department. This is how it is, and that is why they are called compelled statements. If an officer refuses to answer any questions the department can fire them simply for those reasons. However, there are some safeguards protecting the officers. They get to bring two representatives if they so desire. And they have what are called "Garrity protections." These protections come from the landmark U.S. Supreme Court case, Garrity v. New Jersey, where the court held that compelled statements that subject officers to criminal prosecutions are unconstitutional and illegal.

So when an officer is interviewed in IA, they assert their Garrity rights by reading a statement and then proceed with answering questions knowing that their answers CANNOT be used against them in a criminal prosecution and because these answers (statements) are privileged. The investigating department CANNOT release the statements without the employee's explicit permission.

Now when Officer Doyle and Woolever were interviewed, they invoked their Garrity Rights and then proceeded to answer questions over the course of many interviews with IA Sergeant Jason Peck. However it was disclosed in this week's hearing that IA provided the FBI with copies of the Doyle and Woolever's IA files including the content of their interviews!

To be clear, it seems: At the direction of Chief Schultz, APD released and provided protected IA information to the FBI concerning an internal administrative matter involving two of its officers.

In other words, for all officers who now go into IA to give compelled statements, you are doing so under false representations made to you. Even though you will assert your Garrity rights, your statements are at risk because under Chief Schultz, despite federal law protections; Chief Schultz will violate those laws as he desires as he did with Officers Doyle and Woolever.

And despite what "reporter" Jeff Proctor states, the FBI HAD the file, they did not recently GET it. One would think such an "award-winning" writer as Mr. Proctor would want to ensure accuracy in his headlines and not mislead readers...

Lastly, when officers go into IA, they are provided with a "Garrity Statement." Our Eyes tell us there is no specific "Garrity Statement" and that there are many interpretations available. The statement below is one forwarded to us that is much stronger in language and is suggested what you use to read on the record before answering any questions:

GARRITY WARNING

1. I am being questioned as part of an investigation by this agency into potential violations of department rules and regulations, or for my fitness for duty. This investigation concerns (Identify the particular elements being investigated):

2. I have invoked my Miranda rights on the grounds that I might incriminate myself in a criminal matter.

3. I have been granted use immunity. No answer given by me, nor evidence derived from the answer, may be used against me in any criminal proceeding, except for perjury or false swearing.

4. I understand that I must now answer questions specifically, directly and narrowly related to the performance of my official duties or my fitness for office.

5. If I refuse to answer, I may be subject to discipline for that refusal which can result in my dismissal from this agency.

6. Anything I say may be used against me in any subsequent department charges.

7. I have the right to consult with a representative of my collective bargaining unit, or another representative of my choice, and have him or her present during the interview.

Our Eyes also tell us that APD lawyer Kathy Levy, failed to present any argument that made sense or was consistent with statements by Chief Schultz as to why Officers Doyle and Woolever were fired. Imagine that; more federal law violations by a sitting major-city police chief and continued inaccuracy in reporting by the local paper...

Nothing is as It Seems

On this coming Wednesday, on October 31, the final day of the John Doyle v. Ray Schultz labor hearing will (unless APD lawyer Kathy Levy gains ANOTHER continuance) conclude. If you recall, former APD Officer, and retired highly decorated Philadelphia Police Department officer, John Doyle was terminated by Chief Schultz almost a year ago stemming from the circumstances surrounding the arrest of wanted violent felon Nicholas Blume.

Since several months have passed since the last hearing many stunning revelations have unfolded that not only cast doubt on Chief Schultz's stated reasons for Officer Doyle and Officer Woolever's terminations, but seem to indicate their termination was unlawful and based on fiction. We wish this could be a case of "trick or treat" but it isn't. Chief Schultz initially stated the officers were terminated for their use of force in subduing a combative felon via the least intrusive means--but then it was revealed that kicks to the torsoe and shoulder are taught at APD's academy. Then Chief Schultz said it was for lying, but then it was revealed that it was Officer Doyle himself who obtained a copy of the very video tape that APD sensationalized at Officer Doyle's expense. Chief Schultz then did all he could to invite a federal indictment against the Officers under 18 USC 242 only to find the officers fully cooperative in their criminal investigation and to see that the actions of the officers were well within the confines of trained and practiced activities DESPITE how the video looks to uniformed citizens or book-trained instructors at the NM DPS academy.

We wish Officer Doyle the best in his effort to regain his job and to pursue all available means of relief to restore all that he has lost. For those interested in attending and supporting officer Doyle, the hearing starts at 9am and is at the old-SID building on Randolph just west of Yale SE. We would remind all those arm chair critics who attacked and continue to denounce Officer Doyle's actions that you are talking about the efforts of a season front line first responder with over twenty years of experience working the meanest streets in the country. As such we find it of little irony that not one person who was called to testify against Officer Doyle even remotely has his skills, training, or experience in street level law enforcement. We would also remind critics to take a hard look at Graham v. Connor one more time.....

The Pied Piper Gains NO Followers/Schultz Continues to Create more Vicarious Liability

Within the last week, as news broke out that APD's Chief Ray Schultz's own personal aid TJ Wilham was targeted in a lawsuit by APD Reserve Officer David Young, Deputy Chief Paul Feist misrepresented the release of "never to be released" ballistic evidence (once again blaming some unknown judge), and Chief Schultz leaked out information regarding a human rights investigation of APD by the state's Department of Workforce Solutions, things seem to be entering the Twilight Zone here in the city known as Albuquerque.

Earlier this week, in response to citizen outcry regarding a sex-offender conference scheduled for next week, APD brass led a "town hall" style meeting. Not surprisingly, APD pushed one of their newly created commanders to lead the session (could this have been some pushback to Lt. Callahan's allegations of promotion without merit?). Commander Kevin Rowe opened the meeting with his statement of "leading with...excellence and love." He then continued to speak to a virtually empty auditorium where it seemed there were more APD personnel and members of the media than actual citizens (who our Eyes tell us numbered four). But in typical APD promotional style, instead of using the opportunity to turn off the microphones, get off the stage, and have some one-on-one time, Commander Rowe decided to lecture. When one citizen's frustration finally boiled over and questions were posed to the panel (can any of our readers identify these people in the picture below?), Commander Rowe took it upon himself to speak over the citizen and not answer or even acknowledge the concerns expressed by the folks in attendance. Then, Commander Rowe whipped out his guitar and broke out a sonnet about love and peace and how we should all be in harmony.

Not surprisingly, the citizens and our Eyes reported feelings of bewilderment at the "event" quietly promoted as a community meeting. But while the commander discussed "excellence and love" our Eyes tipped us off that defendant Wilham was busy representing Albuquerque's police department at the city's Solid Waste department.

Occasionally, things happen that are beyond belief in their timing and irony. This week seems to be full of such things. If this is what Chief Schultz's vision of "In Step with Our Community" is, we fear what out of step looks like. Deputy Chief's apparently lying about evidence release procedures, civilian personal aids representing the department while they are targets in litigation that has criminal elements in it, a Chief who is so out of touch with his community's needs that he sends a rookie commander to literally do a song & dance before the citizens, more videos eroding APD's already jeopardized credibility, and who knows what else is coming down the pipeline....

PS Many of our readers have asked what has happened to the Doyle and Woolever labor hearings. Our Eyes tell us something very strange is afoot. In the aftermath of IA Sgt. Peck's shooting, city lawyer Kathy Levy had both hearings vacated and as of yet, no final hearing day for either former officer is scheduled. So while Mr. Doyle and Mr. Woolever's due process rights are impaired, APD's Chief Schultz goes before the state's LEA board to talk about ways to further violate employee's rights.

PPS Mayor Berry has for quite a while avoided much of well deserved attention for his failures in leading the city of Albuquerque in every way imaginable. A detailed and shocking special report by our Eyes is coming very soon...

DISTRACTION TECHNIQUE

Last Friday, August 17th was scheduled to be the final day of the Doyle v. Ray Schultz labor hearing. If you recall, former APD officer John Doyle is challenging APD’s Chief Ray Schultz’s termination of Mr. Doyle’s employment with APD. The hearing once again failed to conclude as Chief Schultz’s lawyer, Kathy Levy, once again moved to vacate the hearing to a later date. Ms. Levy’s reputation for delaying and failing to comply with deadline precedes her and she is known for her shortcomings (no punt intended) by those who have had to deal with her. But notwithstanding Ms. Levy’s propensity to stall, our Eyes found this unsurprising because the investigator who Chief Schultz assigned to investigate Mr. Doyle was Internal Affairs Sergeant Jason Peck. And that is where fate asserts irony of the greatest order…

On August 6, Sgt. Peck shot a suspect who was involved in an undercover drug deal. Hours later, APD released officer mounted lapel camera footage showing undercover officers struggling with the suspect moments after he had been shot by Sgt. Peck. Despite the fact Chief Schultz and Deputy Chief Paul Feist provided to the press significant details about shooting and released the video PRIOR to completion of the shooting’s investigation and PRIOR to Sgt. Peck’s interview. Our Eyes tell us Sgt. Peck’s incident is eerily familiar to Mr. Doyle’s incident with wanted felon Nicholas Blume. The deputy chief even mentioned the sergeant’s fear of a second suspect and the concern of a possible ambush scenario. In fact, Sgt. Peck’s incident is so similar to Mr. Doyle’s incident we wonder if the City is trying to toss Mr. Doyle’s case because of the uncanny similarities.

You see, our Eyes tell us Sgt. Peck, for reasons unknown, ran up to the car, and as he closed in on the suspect, the undercover detective and the suspect engaged in a physical confrontation. The undercover detective is reported to have alerted Sgt. Peck that the suspect was going for a gun. At this point Sgt. Peck pulled out his gun and shot the suspect in the lower abdomen. Our Eyes tell us that Sgt. Peck states he did not see the gun and relied on the undercover detective’s statements as they struggled in the car. In light of the events it seems Sgt. Peck was reasonable in his actions. However, we wonder why the same consideration is NOT extended to Mr. Doyle. If you recall, then Officer Doyle arrived on scene while then Officer Woolever was on the ground struggling with an identified known and wanted recidivistic felon, Nicholas Blume. Officer Woolever exclaimed to Officer Doyle that Blume was reaching for something in his waistband. Relying on Officer Woolever’s assertions, knowing that Blume was wanted for homicide, along with other multiple violent felonies, was frequently in possession of a gun, considered armed and dangerous, and there was a second outstanding suspect in the immediate vicinity that could have ambushed them, Officer Doyle used the least amount of reasonable force and deployed physical force tactics measured best for the scenario facing him. Despite Chief Schultz’s sworn testimony that Officer Doyle kicked Blume in the head “6-8 times” the now infamous video shows Officer Doyle targeted and repeatedly and intentionally struck Blume in the upper shoulder and arm area. While Sgt. Peck deployed his gun and discharged his firearm against the offender; Officer Doyle maintained a superior position and refrained from exercising deadly force. Given the statements by Chief Schultz and Deputy Chief Feist concerning Sgt. Peck’s shooting, it seems Officer Doyle could’ve deployed his firearm and shot suspected murderer Blume. However, Doyle refrained from deadly force. This restraint clearly showed control as one would expect from an officer with 20 plus years in law enforcement who came from one of the most violent cities in the country to work in Albuquerque. While Sgt. Peck’s actions are hailed as heroic by APD’s 5th Floor, Mr. Doyle’s unblemished reputation is attacked and tarnished by a group of individuals with less police experience, less experience with violent encounters, and a less than ethical motive. As a matter of fact this individual assigned to investigate Mr. Doyle only had only a year in Internal Affairs at the time he was assigned this case, and only a few years of actual street experience. These facts make one wonder why they would assign such an inexperienced sergeant to investigate this case. Additionally, it makes one wonder even more why Chief Schultz would say a 20 plus year commander was incapable of conducting the same investigation. We at the Eye highly doubt Sgt. Peck's police experience even approaches Mr. Doyle's and we know his investigative experience doesn't even come close to that of retired Commander Murray Conrad. It seems that qualifications are not in order when selecting a loyal subject to carry out Schultz's dirty work, only ones willingness to give up all of their integrity to support Schultz and his dirty mission.

Yet, as Sgt. Peck’s actions are hailed as necessary and proper, Officers Doyle and Woolever are fired, and summarily smeared in the media as an example of APD’s police brutality culture. Officer Doyle and Officer Woolever are even tossed to the DOJ in an effort by Chief Schultz to appear “in control” of his department. Now our Eyes tell us Chief Schultz’s attorney has vacated Mr. Doyle’s effort to prove his termination was unjustified if not unlawful. Can anybody else see the double standards here? Can anybody else see the total disparity in treatment by Chief Schultz? Is this how a law enforcement agency is to act by exhibiting bias and prejudicial conduct?

We at the Eye have asked this before and will ask this again, If Chief Schultz acts with such prejudice, bias, and irregularity with his own sworn personnel, how does he act with regular citizens? How does he act when subject to events that truly tests his integrity? I think we all know the sad and painful answers to these serious questions…

WHAT'S WRONG WITH HIM IS WRONG ALL THE WAY THROUGH

This past week has been busy for our friends on APD’s 5th Floor. Busy in that Mayor Berry’s police chief, Ray Schultz, has seen his attorney Kathy Levy defeated in hearing after hearing. For the first time in Schultz’s career, good citizens have breached his crooked castle walls and his armor seems to be brittle and weak. Schultz’s personality, long familiar to officers in APD, reared its snarling mean head and showed how indignant he’ll act when he cannot control the questions or dictate the setting.

In the latest installment of the Doyle v. Schultz employment, many revelations came to light regarding process and procedure. Most significantly was of course the use of force. If you recall, Chief Schultz fired Officer Doyle in late 2011 in an effort to stay off a US Department of Justice inquiry into APD’s patterns and practices. While there is much to discuss regarding the hearing our Eyes tell us, one thing remains abundantly clear regarding the incident Blume initiated with Mr. Doyle—it is anything but clear.

Our Eyes tell us that testimony by city called witnesses asserted Mr. Doyle:

- Kicked Blume for over five minutes

-That he kicked Blume repeatedly in the head and shifted around to continue increase his angle to kick Blume in the head even harder

-Mr. Doyle should have drawn his gun and simply held on Blume until Mr. Woolever handcuffed Blume (without covering Mr. Woolever of course)

-Mr. Doyle should’ve have abandoned his alertness for the 2nd subject and joined Mr. Woolever in the wrestling match

-Mr. Doyle kicked Blume 6-8times in the head

-Mr. Doyle’s effort exceeded LAPD’s efforts against Rodney King and lasted longer

-Mr. Doyle should’ve used his Taser even if he hit Mr. Woolever

-Mr. Doyle should have deployed his baton

-And from Chief Schultz himself…that Mr. Doyle should have gotten on top of Blume and put his knee on Blume’s lower neck.

Use of force experts consulted by the Eye tell us, all these scenarios are nonsense in that they would’ve resulted in either increased jeopardy to the officer or increased injuries to Blume. In fact, we’ve been told that Mr. Doyle’s efforts were consistent with the necessary force one would take if a subject wanted for felony crime were prone on the ground, had a hand or hands in his waistband and was actively resisting another officer while a 2nd subject was unaccounted for. In other words….that which exactly happened that night when a recidivistic felon was apprehended with minimal injuries.

Meanwhile, across town, a skilled lawyer defeated city lawyer Kathy Levy’s deceptive litigation efforts in District Court. Judge Nash justly ordered APD to produce records it denied it existed. Judge Nash also ordered APD to preserve digital cell phone data that it also denied existed. We wonder who will investigate Chief Schultz as the leader of APD for his failure to tell the truth about records kept in his department and the lies represented to the court by his lawyer agent Kathy Levy? Chief Schultz once remarked that he is bound to uphold the “laws and Constitution of the United States and the State of New Mexico.” We here at the Eye would like to remind Chief Schultz that in that statement he commits to upholding Section 1 of the 14th Amendment which states:

“…nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

It’s clear that, as a state agent, Chief Schultz’s due process violations of Mr. Doyle are nothing short of a game of “hide the ball” and “move the line.” It’s also clear that when it comes to misconduct by people in the upper echelon of APD and the city of Albuquerque, Chief Schultz will not honor his duties to enforce equal protection of the laws.

This is a difficult question to ask, but we here at the Eye must ask the obvious…If Chief Schultz is so willing to violate the very Constitution he routinely says he’s sworn to protect, what else has he broken?

Where's "Two-Face" Schultz?

It’s become all too obvious that when there are controversies challenging APD policies and directives initiated by Chief Schultz, he’s seldom to be found to address those issues as, well, chief. In recent days, stories and allegations have surfaced regarding possible overpayment of retention bonuses to senior officers (our Eyes tell us that it is all but impossible to find any officers who has more than 19 years of experience within APD as so many are retiring as soon as possible). Our Eyes tell us these amounts are in excess of $500,000. Did Schultz receive this bonus? Where’s Schultz? Then there was a recent SWAT call-out where upon its initiation there was an officer involved shooting. This primary detail was omitted in APD’s press releases concerning the incident. Where’s Schultz? In the aftermath of the virtual destruction of the house SWAT softened and made entry on, APD and the City through its Criminal Nuisance Abatement Unit employed pressure upon the elderly owners to repair the house or face fines and penalties. Where’s Schultz? Over a year ago, there was the “Bringing Albuquerque Home” campaign to spend sparse public funds to survey and assist Albuquerque’s sizable homeless population to find residency. Now, APD promotes the arrest of homeless throughout the San Mateo and Downtown corridors. When asked about the sudden reversal in policy…again, Where’s Schultz?

However, we do notice when it comes time to lay blame on others or to boost himself, Chief Schultz cannot get in front of the cameras fast enough. In just a few weeks, one of Chief Schultz most public and controversial incidents will conclude. This case is the labor hearing involving former officer John Doyle. If you recall, Mr. Doyle was terminated by Chief Schultz (no DCOP Banks, it’s not the city of Albuquerque who terminated him) after a seemingly endless, and multiple, internal investigation stemming from Mr. Doyle and Mr. Woolever’s arrest of wanted violent fleeing felon, Nicholas Blume.

Initially, Chief Schultz said the force used by Mr. Doyle and Mr. Woolever was “of great concern.” Despite the fact that a chain of command of some of his most experienced officers had confirmed Mr. Doyle’s use of force as necessary, that it was consistent with training provided by APD’s police academy and it’s SOPs. While disturbing to the casual, and uninformed observer (and apparently the editors at the Albuquerque Journal), instead of backing his officers in their arrest of an armed, violent, resisting, and wanted felon, Chief Schultz “…immediately ordered a criminal investigation.” In the hours following Mr. Doyle’s final meeting with the chief, Chief Schultz grandstanded his termination of two officers who had apprehended one of APD’s most sought felons with minimal harm and under more dangerous circumstances where other officers have shot suspects. But knowing this, Chief Schultz oddly asserted it wasn’t what the officers did that led to their termination, it was what they didn’t do: search the subject. “The last thing they should do is turn their backs on the suspect,” Chief Schultz boasted to the Jeff Proctor of the Journal. We wonder if Chief Schultz watched the same video as everybody else? Prior to Mr. Woolever even getting his handcuffs out and on Blume, Doyle immediately stops his use of force. This cessation of force shows Mr. Doyle was in complete control and had a focused effort to do one thing: Assist Mr. Woolever in getting Blume in custody. Mr. Woolever then bolts from Blume and bends over in distress. At this point Mr. Doyle goes to check on his partner who appears winded from the experience of fighting with Blume. Mr. Doyle continues to check on his partner and then pats him on the back which somehow gets grotesquely twisted and promoted as a “belly-bump.” Mr. Doyle then goes back to Blume.

Chief Schultz apparently forgot there is one occasion when you leave a suspect, and that is to render aid. In other words, that is to provide back up to your partner or a citizen in distress instead of remaining focused on a suspect. But the irony of all of this is that it was Mr. Doyle who obtained the video from the hotel’s surveillance system. It was Mr. Doyle who agreed to waive his constitutional rights in order to be transparent during the criminal investigation. Incidentally, it wasn’t APD’s Violent Crimes Unit that did the investigation, it was Sgt. Ryan Buckner from APD’s Intelligence Unit who had promoted the apprehension and violent nature of Blume in the first place.

However, as much as Chief Schultz wants to omit and forget things that reveal his role and his awareness of this and all of the other controversial events facing APD, one cannot dispute this fact. Chief Schultz knew about how badly Sgt. Buckner wanted to catch Blume, he knew Blume’s history, and in fact he congratulated Mr. Doyle and Mr. Woolever’s efforts as the memo below reveals.

How does Chief Schultz transgress from telling the officers, "Great Work" to "You're Fired!" Is Shultz acting "two-faced" or is this a political act?

Mr. Doyle’s labor hearing commences August 1 at the city’s administration hearing office (the old SID building on Randolph SE). Any and all officers are encouraged to attend this public hearing in support of two officers who did the right thing when it needed to be done.