But as usual there's another story that is not being reported. At these hearings there are citizens using the public comment time to protest of actions by APD executives and the POC. While we realize many APD officers are not in agreement with those citizens, we all agree they have a right to speak freely. But do they have a right to be free from being monitored by the very people they are expressing their dissent against? We think they do and we are extremely concerned about the picture here. In the picture, we see none other than APD/Ray Schultz lawyer Kathy Levy recording an image of people speaking at the meeting. Given the nature of what has happened in recent weeks by what can truly be described as bizarre behavior by POC members, is it possible that when the lead attorney for APD, sitting alongside the chief of police, deputy chiefs, and SED director Marc Adams is personally recording the actions of citizens and commission members she is influencing the very people in place to hold her and her chief accountable.
While citizens who speak at the hearing are aware that the news or the city may be passively recording their words, is it not a different issue when the very target of your criticism is taunting you by using her own cell phone in a personal capacity? It's one thing when the police are recording an encounter with you out in the street, it's something entirely different when their lawyer is documenting the public expression of citizens critical of the very office that employs her.
Several of our Eyes over the last week have been busy researching the failures of Ms. Levy in court. It seems her reputation for earning the ire of the judiciary is well founded in the numerous times she has earned fines by the court for misconduct. A list of such cases was provided courtesy of a recent poster:
Costales v Sanchez, No. 07cv827 MV/ACT,Doc. 113 (D.N.M. memorandum opinion and order filed Dec. 10, 2008)
Chavez v. City of Albuquerque, No. 07cv476 JCH/RHS, Doc. 19 (D.N.M. Magistrate Judge’s order filed Oct. 29,2007)
Painter v. Wells Fargo, et al., No. 07cv395 MCA/ACT, Doc. 42, 47 (D.N.M. Magistrate Judge’s memorandum opinion and order filed Mar. 3, 2008, and order filed Mar. 18, 2008); Canizales v. Armendariz, et al., No. 07cv198 JB/RHS, Doc. 74 (D.N.M. order filed May 12,2008);
Graham v. Kenny, et al., No. 07cv258 MCA/DJS, Doc. 38 (D.N.M. memorandumopinion and order filed Sept. 17, 2008);
Hatheway v. Thies, 335 F.3d 1199, 1207 & n.3(10th Cir. 2003);
Regensberg, et al. v. Cityof Albuquerque, et al., No. D-202-CV-200701342 (N.M. 2nd Jud. Dist. Ct. final order filed Jan.31, 2008);
DeLeon v. Arias, No. 10cv105 JCH/RHS, Doc. 5 (D.N.M. motion for entry of default and default judgment filed Mar. 12, 2010);
Harris v. State of New Mexico, No. D-202-CV-2010-00789 (N.M.2nd Jud. Dist. Ct. petition filed Jan. 12, 2010).
Slook v. Albuquerque Police Dept. et al., 07-cv-46 WJ-RHS, Doc. 50
And then there are all the cases that get suddenly settled and evade the court record. The Eye calls for an open inquiry into the misconduct by Ms. Levy and demand that there be a strict review of her performance as a city lawyer AND her adherence to the New Mexico Bar requirements for ethical and professional conduct.
Lastly, it seems that the department's lawyer is very busy in escorting Chief Schultz in various capacities to conferences that are strictly law enforcement in nature. It also seems the Chief travels with quite an entourage when he embarks on city business...
