
Several days ago our Eyes broke the story about how Albuquerque Police Chief Schultz and Deputy Chief Feist committed egregious violations of department procedural SOPs by releasing officer lapel camera video of the recent officer involved shooting prior to the completion of the investigation. Now KRQE-13 has filed a lawsuit against the city for the APD’s violation of the Inspection of Public Records Act (IPRA) stemming from an incident back in May 2012. You see, reporters routinely request copies of video and audio footage recorded by officers and that material is subject to the IPRA. In this case, it seems there is some controversial footage that APD does not want released to the public despite the fact they have no protections in this case to withhold it. Our Eyes tell us the video involves a suspect who is surrendering and gets Tazed anyway. The department and the city have asserted because there is an on-going investigation into the officer’s conduct, they have an exception to the IPRA requirements. The chief attorney for the city of Albuquerque, David Tourek, stated:
“The City is withholding the video at this time under the law enforcement records exception of the Inspection of Public Records Act due to the fact that law enforcement is currently interviewing witnesses in a criminal case. The release of the video prior to their statements being taken could compromise what they say and the integrity of the investigation. Upon completion of the investigation, the full video will be released."
Excuse us? Did Chief Schultz and Deputy Chief Feist not just release video footage of an officer involved shooting just days ago? Was that video not released before the completion of the criminal investigation? Were the statements by Chief Schultz and Deputy Chief Feist of such detail and particularity because they were spoken before all of the witness interviews were completed the integrity of this latest shooting is now completely compromised? And from being compromised has APD not just once again failed the officers who were involved in this latest dangerous incident AND compromised the criminal investigation against the heroin dealers who were the targets of the original investigation? Are Chief Schultz and Deputy Chief Feist going to be held accountable for actions monumentally against the city’s interest and in direct conflict with the City’s Chief Attorney Tuorek and the City’s Chief Administrative Officer Rob Perry?
The media and other bloggers, Joe Monahan in particular, wonder why all the states around New Mexico seem to have their economies revitalized and growing in prosperity while stagnation runs rampant in Albuquerque and most of New Mexico. Could it be that when hypocrisy is this gross and obvious it impedes any hope or optimism? If they lie about the simple policy regarding videos, what else will they lie about? If they choose to violate state statutes like IPRA, what else will they violate? Of course Mayor Berry is nowhere to be seen in this, for that would require leadership. We’d say it could not be more obvious that the leaders of APD are out of control and are not interested in doing what’s right but only in evading responsibility for their mess. But our Eyes tell us, it is going to get worse. And the citizens and businesses are clearing enduring fatigue from this on-going miscreant behavior by many of the state’s leaders.
P.S. We at the Eye wish to congratulate former Officer Tank Guenther for being cleared of all of the heinous charges brought against him. We applaud the Santa Fe county District Attorney, Angela Pacheco, for dropping the criminal action against Mr. Guenther. Of course APD was quick to terminate Mr. Guenther for the unsubstantiated felony charges. But now, as Mr. Guenther ponders the effort to restore his name with the department, PIO Officer Robert Gibbs asserts that Mr. Guenther was not fired because of the charges but because of “administrative issues.” We at the Eye would like to know what exactly those other “administrative issues” are because our Eyes tell us, no other issues were asserted during Mr. Guenther’s Lauder mill hearing. Could it be that once again, APD’s Chief Schultz is caught lying???