On Wednesday, April 3, the Albuquerque City Council will be voting on a City Council Resolution to remove and terminate APD Chief Harold Medina for cause. The resolution is sponsored by Westside City Councilor Louie Sanchez.  The Resolution was introduced on February 19.  On March 12, the Resolution PASSED the City Council Finance and Government Operations Committee on a 3 to 2 vote and forwarded on to the full City Council for a final vote.  Democrat Committee Chairman Louie Sanchez, Republican City Council President Dan Lewis and Republican City Councilor Dan Champine voting YES.  Democrats City Councilor Klarissa Pena and Tammy Feibelkorn voted NO. Five YES votes are needed for the Resolution to pass on April 3.  6 Yes votes will be needed to override an expected veto by Mayor Tim Keller.

The WHEREAS recital provisions of the Resolution identify numerous and specific instance of mismanagement of APD by Chief Harold Medina as well as the ongoing federal investigation of the APD DWI Unit and the bribery and conspiracy scheme with a prominent criminal defense attorney. Absent from the resolution is any mention of the February 17 vehicle crash where Chief Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Keller and when they crashed into and totaled a 1966 Ford Mustang with the driver of the Mustang sent to the hospital in critical condition. Medina has admitted to numerous violations of standard operating procedures and has yet to be cited.

Following is the city council resolution as introduced:

                                                     RESOLUTION

REMOVING POLICE CHIEF HAROLD MEDINA FOR FAILURE TO LEAD THE ALBUQUERQUE POLICE DEPARTMENT

WHEREAS, Harold Medina is the Chief of the Albuquerque Police Department (“APD”); and

WHEREAS, when Medina was appointed to his position, it was due to the abrupt departure of the previous Chief; and

WHEREAS, effective leadership of the Albuquerque Police Department is critical to the safety and wellbeing of the residents of the City of Albuquerque; and

WHEREAS, a federal investigation into multiple APD officers has resulted in the dismissal of more than 150 active DWI cases; and

WHEREAS, this investigation appears to show unchecked corruption within the Department; and

WHEREAS, these allegations of widespread corrupt actions by APD officers undermines the confidence of the community in the entire department; and

WHEREAS, the profound lack of leadership, which allowed such corrupt activities to transpire, unfairly tarnishes the reputation of upstanding officers, who through no fault of their own are associated with this terrible behavior; and

WHEREAS, Medina’s mismanagement of the Albuquerque Police Department is evidenced by numerous tragedies and scandals, such as:

1. A police cadet was killed in a murder-suicide following reports of an affair taking place during her training at the police academy that APD was aware of;
2. An academy class where seasoned instructors were moved because the son of a deputy chief attending the academy faced termination for untruthfulness;
3. APD’s Gang Unit was all but dissolved along with critical units such as the Narcotics and Vice units;
4. Record numbers of officers have resigned or retired, leaving the Department dangerously shorthanded;
5. Increased officer terminations;
6. Increased officer-involved shootings at the highest number in decades, if not in APD’s history;
7. Increased response times for 911 calls with some callers holding for hours while hundreds more calls sit unanswered; and
8. The highest number of homicides in two recent years with at least 328 people murdered on the streets of the City; and
9. At least two lawsuits pending against the City and APD, each claiming the wrongful death of family members who suffered from mental illness.

WHEREAS, these tragedies reflect serious failures in leadership and an institution in dire need of intervention; and

WHEREAS, Medina’s conduct is inconsistent with the requirements of his position as Chief of Police and his responsibilities and obligations to the City and its residents; and

WHEREAS, Medina’s conduct threatens the public health, safety, and welfare of the people of the City of Albuquerque; and

WHEREAS, while the City Council has expressed concerns on numerous occasions about the leadership of the Department, there has been no apparent improvement in the administration of APD; and

WHEREAS, Pursuant to Article 5, Section 4(d)(1) of the Charter of the City of Albuquerque, “[t]he Police Chief . . . may be removed for cause by a vote of two-thirds of the entire membership of the Council.”; and

WHEREAS, Chief Harold Medina’s failure to lead the Albuquerque Police Department constitutes cause for removal.

BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:

SECTION 1. Harold Medina is hereby removed from his position as Chief of the Albuquerque Police Department.

SECTION 2.  SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Resolution is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Resolution.

The Council hereby declares that it would have passed this Resolution and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.

EDITOR’S NOTE: The above Resolution is subject to possible additions, deletions, modifications and amendments as deemed necessary by its sponsor City Councilor Loui Sanchez and other city councilors and the city council as a whole.

CITY CHARTER PROVISIONS ON THE APPOINTMENT AND REMOVAL BY CITY COUNCIL OF CHIEF OF POLICE

It is article V. Section 4, of the Albuquerque City Charter which outlines the duties and responsibilities of the mayor and the appointment and the removal the Chief Administrative Officer, Deputy Administrative Officers, the Chief of Police, and the Fire Chief.

Section 4 of the City Charter entitled DUTIES OF THE MAYOR provides as follows .

“The Mayor shall:

 Organize the executive branch of the city;

    (b)   Exercise administrative control and supervision over and appoint directors of all city departments, which appointments shall not require the advice or consent of the Council except as provided in (d) of this Section;

   (c)   Be responsible for the administration and protection of the merit system;

    (d)   With the advice and consent of the Council, appoint the Chief Administrative Officer, any deputy administrative officers, the Chief of Police, and the Fire Chief. Appointees requiring the advice and consent of the Council shall be presented to the Council for confirmation within 45 days after the Mayor takes office or after a vacant appointed position is filled. When an appointee is presented to and not confirmed by the Council, the Mayor shall, within 60 days thereafter, nominate another person to fill the position, and the Mayor may continue to nominate until confirmation;

1.   The Police Chief or Fire Chief may be removed for cause by a vote of two-thirds of the entire membership of the Council.

The link to review the City Charter is here:

https://codelibrary.amlegal.com/codes/albuquerque/latest/albuqcharter/0-0-0-26

COMMENTARY AND ANALYSIS

The Resolution to remove and terminate Chief Medina is a natural extension and exercise of the Albuquerque City Council’s oversight authority over APD as well as the Chief of Police. The DWI dismissal and bribery scandal as well as Chief Medina’s February 17 car crash should be more than enough for the termination of Chief Harold Medina. However, the city council has thus far resisted twice any attempts to remove him and  Mayor Tim Keller as expressed complete confidence in Medina and even praised his work in a news conference the day Medina and his wife were in a vehicle crash with another.

APD BRIBERY AND DWI DISMISSAL SCANDAL

On January 19 the FBI raided the homes of three APD police officers and the office DWI defense attorney Thomas Clear III who are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. Five cops, including one lieutenant, have been implicated. District Attorney Sam Bregman ordered 198 DWI cases dismissed because of the scandal. No criminal charges have been filed and the FBI search warrants remain sealed.

The five APD officers who have been identified at the center of the federal investigation are:

• APD LieutenantJustin Hunt
• APD Police Officer Honorio Alba, Jr.
• APD Police Officer Harvey Johnson
• APD Police Officer Joshua Montano
• APD Police Officer Nelson Ortiz

All 5 police officers have now resigned as the federal criminal investigation continues with indictments expected and others implicated.

Ever since the bribery  scandal broke on January 19 with the execution of the search warrants, APD Chief Harold  Medina has been in full “politcal  spin cycle” mode of “pivot, deflect, take credit and lay blame”.  Medina has blamed the District Attorney’s Office for not giving APD notice of officers failing to appear as well as blaming the Public Defender’s office for being aware of what attorney Clear was doing. Medina takes credit for the investigation and for taking action to hold people accountable for the corruption when it was in fact the federal investigation that forced his hand after he allowed the problem to fester.

It was sure arrogance by Chief Medina proclaiming that the city council was “out of line” for demanding information about the scandal and exercising their oversight authority. Chief  Medina showed contempt and insubordination to the elected city council by calling out the 2 city councilors who are retired APD Police Officers saying they should know better and to not ask questions of the Chief on pending criminal investigations.

It was appalling when Mayor Keller accused the City Council of “unethical conduct” by saying “it’s marginally unethical for them to air these concerns” that may jeopardize the criminal investigation when the simply were asking for information they are entitled to have in order to carry out their oversight duties and responsibilities over APD.

Keller and Medina have made more than a few stunning admissions. They admit that the APD bribery and conspiracy scheme went on the entire 6 years they have been in charge of APD, but they never detected what was going on.

Both admitted that only after they found out the FBI was investigating APD, the decision was made to initiate a city criminal and internal affairs investigation and to proclaim cooperation with the FBI. Medina admitted that he knew about the corruption as far back as December 2022 when APD first received a complaint related to the department’s DWI unit yet he waited and essentially did nothing for a full year.

Keller’s admissions come from a person who was first elected as the “white knight” state auditor who stopped “waste, fraud and abuse” and held people accountable for government corruption. Medina’s admissions come from a chief who claims he has never looked the other way at police corruption.

Both Keller and Medina have looked the other way on documented corruption involving overtime pay abuses by APD police officers. There have been 7 audits in 8 years documenting the corruption, waste, fraud and abuse in police overtime.

APD’s reputation has been trashed to a major extent by the scandal. APD will be viewed by many as having another bastion of “dirty and corrupt cops” who have brought dishonor to their department and the department’s professed values of “Pride, Integrity, Fairness and Respect.”

The whole scandal places an ethical stain on the department that may never be removed. This is before any charges have been filed, before anyone is fired from APD and before we ever know who is responsible.

Chief Medina must bear significant responsibility and be held ultimately  responsible  for the scandal.

FEBRUARY 17 CRASH

On February 17 APD Chief Harold Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Tim Keller when Medina decided to stop and call for APD to clear a homeless encampment.  According to Medina, he witnessed two people getting into a fight and a gun was pulled and pointed towards Medina and his wife and a single shot was fired.  In response to the gun fire, Medina admitted to taking off driving through a red light saying there was no oncoming traffic which has been proven false by a surveillance video.

Driving through oncoming traffic, Medina drove South through 3 lanes of traffic on Central and T-Boned a gold colored 1966 Ford Mustang. The driver of the Mustang called for medical assistance himself and was then taken to the hospital in critical condition. The driver underwent 7 hours of surgery for his injuries. Neither Medina nor his wife sustained any serious injury. The Mustang was totaled. Medina admitted he did not have his lapel camera on and referred the accident to the Superintendent of Police Reform for investigation. Chief Medina has yet to be charged with any traffic violations.

APD Chief Harold Medina has admitted that he did not have his body camera on in violation of state law.  He has admitted that he ran a red light and T-boned another driver.  Surveillance video shows Medina cutting in between two other vehicles in oncoming traffic before accelerating at a high rate of speed through the intersection. The video shows Medina did not have his vehicle’s emergency equipment on.

Surveillance video shows oncoming traffic with Medina first slowly inching between two vehicles and Medina then accelerates to a high rate of speed to cross to the South traveling lanes of Central and crashing into the driver’s side of the Mustang that was traveling East on the South lanes of Central. The driver of the Mustand has been identified as Todd Perchert, 55, and he  is lucky to be alive.

Medina’s actions and the car crash fit the very definition of reckless driving by a person who “drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger … any person or property.”  Medina has yet to be charged.

Based on all the news accounts and the comments, statements and the admissions against interest and admissions of liability made by Chief Harold Medina, it is clear Medina violated one or more of APD’s Standard Operating Procedures.

Medina admitted he did not turn his body camera on in a timely manner which is a violation APD Standard Operating procedures as well as  a violation of state law. Chief Medina failed to comply with state statute by not having his body camera activated to record  encounters with the public.  There are serious consequences for Chief Medina’s failure to abide by the body camera statute. Under the statute, per Section 29-1-18(C), he “may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

Medina has admitted he did not have police dispatch radio on in his truck which is a standard operating procedure violation. Medina also admitted he did not turn his body camera on in a timely manner which is a violation APD Standard Operating Procedures (SOP) and state law. At no point did Medina have any emergency equipment on during or after the event which is another violation.

Medina violated the following specific APD Standard Operating Procedures:

1. Chief Medina did not activate his “on body recording device” (OBRD) in a timely manner(Standard  Operating Procedure Section 2-8-4, “Use of On Body Recording Devices” and  2-8-5 “Mandatory Recordings”)
2. Chief Medina involved his wife in a patrol and enforcement action when he decided to stop and investigate the homeless encampment and it escalated involving a felony resulting in her being placed in harm’s way. Chief Medina’s wife is not certified for APD ride along. (Standard Operating Procedure 1-6-4 Unauthorized Patrol Ride Along)
3. Chief Medina  did not take his wife to a safe and convenient location before he attempted to take action and investigate. (Standard Operating Procedure 2-5, 2-5-4)
4. Chief Medina did not have his vehicles emergency warning equipment engaged when he made the initiate stop to investigate nor when he took off to flee from the scene. (Standard Operating procedure 2-6, 2-6-4)
5. Chief Medina did not drive his vehicle with due regard for the safety of others and drove with reckless disregard for the safety of others by running a red light and driving his vehicle without the vehicle’s emergency equipment on and when he ran the red light. (Standard Operating Procedure 2-6, 2-6-4)
6. Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles. (Standard Operating Procedure 2-47 deals with “Crashes Involving Department Issued Vehicles”)
7. Upon information and belief, Chief Medina has not prepared a Uniform Incident Report as required by Standard Operating Procedure. (Standard Operating Procedure 2-7, 2-7-4)

NO CHIEF IS EXEMPT FROM STANDARD OPERATING PROCEDURES

No sworn law enforcement officer, including APD Chief Harold Medina, is above enforcement of police standard operating procedures. A chief of police  must follow standard operating procedures and be held accountable for any violations just like he holds all those officers of lesser rank he manages and even disciplines.

The APD policy for responding to calls says when officers are responding to a call they must “exercise due regard for the safety of all persons and property.” It adds that they have right of way while responding to a call, but it does not relieve them from the duty to drive with due regard for the safety of all others.

It’s more likely than not that Chief Medina will not face any discipline by Mayor Tim Keller given he is a command level and Mayor Keller has called Medina “arguably the most important person right now in these times in our city.” 

As recently as Monday, March 25, Mayor Tim Keller was asked at a meeting of upwards 75 community, progressive activists known as “Indivisible Nob Hill” how can the public have any faith and confidence in APD after the scandal and why he has not fired Chief Harold Medina.

Keller’s defense of Medina was alarming and was unequivocal wherein he gave credit to Chief Medina for bringing down the city’s crime rates and progress in implementing the Department of Justice reforms under the Court Approved Settlement Agreement. Mayor Keller made no mention of the February 17 car crash and made it clear that he has no intention of taking any action to remove Chief Harold Medina expressing 100% confidence in Medina.

If it was a patrol officer making these same mistakes and violating Standard Operating Procedures, Chief Medina would most likely give them hours of suspension without pay or even flat out terminate them.

CONTACT CITY COUNCIL

The April 3 City Council meeting will be held in the Vincent E. Griego Council Chambers, basement level of the City of Albuquerque Government Center, 1 Civic Plaza NW, Albuquerque, New Mexico 87102.  The meeting is open to the public. The meeting will begin at 5:00 p.m., and to speak during the meeting on the resolution during public comments, you must sign up beginning at 4:30 p.m.

Voters and residents are urged to attend the meeting or contact and voice their opinion and tell all city councilors and their city council service assistants to vote YES on the Resolution to remove Chief Harold Medina.

CITY COUNCIL PHONE: (505) 768-3100

CITY COUNCIL AND SUPPORT STAFF EMAILS

lesanchez@cabq.gov

louiesanchez@allstate.com

bmaceachen@cabq.gov

joaquinbaca@cabq.gov

bacajoaquin9@gmail.com

namolina@cabq.gov

kpena@cabq.gov,

cquezada@cabq.gov

bbassan@cabq.gov

dawnmarie@cabq.gov

danlewis@cabq.gov

galvarez@cabq.gov

nrogers@cabq.gov

palomagarcia@cabq.gov

tfiebelkorn@cabq.gov

dchampine@cabq.gov

ecknell@cabq.gov

rgrout@cabq.gov

rrmiller@cabq.gov

Links to 3 related blog articles are here:

Albuquerque Journal Pete Dinelli Guest Opinion Column “Chief Medina Should Be Fired And Prosecuted In Connection to Crash”

https://www.petedinelli.com/2024/02/05/abq-journal-guest-opinion-columns-mayor-keller-and-chief-medina-must-be-held-accountable-for-dwi-scandal-lack-of-leadership-has-ruined-moral-within-apd-will-city/

APD Officer Joshua Montaño Is 5TH APD Officer Implicated In DWI Dismissal-Bribery Scandal To Resign; Alleges “Generational” Corruption Approved By Supervisors; Montaños Hideous Shakedown Of Innocent Recalled; Makes No Apology To Public And Admits Resignation Done To Protect Accrued Sick, Vacation, Or Compensation Time; Feds Will Likely Use Resignation As Leverage

On March 30, the following news report written by staff reporter Megan Lebowitz with NBC News was published by NBC news:

“Former President Donald Trump shared a video on social media Friday that included an image of President Joe Biden bound and restrained in the back of a pickup truck.

The 20-second video, which Trump indicated was taken Thursday in Long Island, New York, shows a truck emblazoned with “Trump 2024” and a large picture depicting Biden tied up and lying on his side.

Trump was in Long Island Thursday for the wake of fallen NYPD officer Jonathan Diller.

When reached for comment on the image in the video, Trump campaign spokesperson Steven Cheung said, “That picture was on the back of a pick up truck that was traveling down the highway.” Cheung also accused “Democrats and crazed lunatics” of calling for violence against Trump and his family, arguing that “they are actually weaponizing the justice system against him.”

Cheung pointed to comments by Biden in 2018, before he declared his candidacy, when he said that if he and Trump were in high school he’d “take him behind the gym and beat the hell out of him” if he heard him demeaning women.

Biden campaign spokesman Michael Tyler slammed Trump for posting the video.

“This image from Donald Trump is the type of crap you post when you’re calling for a bloodbath or when you tell the Proud Boys to ‘stand back and stand by,'” Tyler said in a statement. “Trump is regularly inciting political violence and it’s time people take him seriously — just ask the Capitol Police officers who were attacked protecting our democracy on January 6.”

The White House referred questions about the video to the campaign.

Trump has previously used violent imagery and rhetoric, both in his 2024 presidential campaign and before.

On March 16, he vowed that there would be a “bloodbath” if he was not re-elected, while speaking about the economy. Last year, before his numerous indictments, Trump warned about “potential death and destruction” if he were to be charged in the Manhattan district attorney’s hush money case against him.

He also shared an article on Truth Social that had an image of him with a baseball bat near Manhattan District Attorney Alvin Bragg’s head. The post was deleted.

More recently, Trump used his Truth Social platform to go after Judge Juan Merchan, who is overseeing the hush money case, as well as the judge’s daughter after being hit with a partial gag order.

Trump faces four criminal indictments for charges related to allegations of election interference, mishandling classified documents and falsifying business records related to hush money payments. He has pleaded not guilty to all charges.”

The link to the quoted news story with photos is here:

https://www.nbcnews.com/politics/2024-election/trump-shares-image-depicting-biden-tied-back-pickup-truck-rcna145712

GAG ORDERS ALREADY ISSUED

On March 26, New York  Judge Juan M. Merchan  issued a gag order barring Donald Trump from commenting publicly about witnesses, prosecutors, court staff and jurors in his upcoming hush-money criminal trial, citing the former president’s history of “threatening, inflammatory, denigrating” remarks about people involved in his legal cases. The decision echoed a gag order in Trump’s Washington, D.C., election interference criminal case. The decision  came a day after he rejected the defense’s push to delay the Manhattan trial until summer and ordered it to begin April 15. Merchant wrote in his four-page decision:

“Given that the eve of trial is upon us, it is without question that the imminency of the risk of harm is now paramount.”

The judge said the presumptive Republican presidential nominee’s statements have induced fear and necessitated added security measures to protect his targets and investigate threats.

Trump’s lawyers fought the gag order, warning it would amount to unconstitutional and unlawful prior restraint on his free speech rights. Merchan, who had long resisted imposing a gag order, said his obligation to ensuring the integrity of the trial outweighed First Amendment concerns.

The gag order bars Trump from either making or directing other people to make public statements on his behalf about potential witnesses and jurors in the hush-money trial. It also prohibits any statements meant to interfere with or harass the court’s staff, prosecution team or their families.

At his arraignment, Merchan admonished Trump not to make statements that could incite violence or jeopardize safety, but stopped short of issuing a gag order. At a subsequent hearing, Merchan noted Trump’s “special” status as a former president and current candidate and said, “I’m bending over backwards and straining to make sure that he is given every opportunity possible to advance his candidacy and to be able to speak in furtherance of his candidacy.”

The gag order does not bar comments about Merchan, whom Trump has referred to after his arraignment last year as “a Trump-hating judge” with a family full of “Trump haters,” or Manhattan District Attorney Alvin Bragg, an elected Democrat.  But it puts Trump on notice that attacks on key figures in the case, like his former lawyer-turned-nemesis Michael Cohen or porn star Stormy Daniels, won’t be tolerated.  The gag order adds to existing restrictions that prohibit Trump from using evidence in the case to attack witnesses.

Now, with the gag order, Merchan is declaring scores of people involved in the case off-limits for Trump’s social media venom, courthouse diatribes and campaign rallies. Trump’s grousing to TV cameras as he entered and exited the courtroom became ritual during his New York civil fraud trial last year.

TRUMP AGAIN LASHES OUT AT COURT

On March 27,  Trump lashed out at Judge Merchan judge who put him under a gag order ahead of his April 15 hush-money criminal trial, making a fallacious claim about his daughter and urging him to step aside from the case.

In a social media post, the former president suggested without evidence that Judge Juan M. Merchan was kowtowing to his daughter’s interests as a Democratic political consultant. He also made a claim, later repudiated by court officials, that she had posted a social media photo showing Trump behind bars.

Trump complained on his Truth Social platform that the gag order issued Tuesday was “illegal, un-American, unConstitutional.” He said that Merchan, a veteran Manhattan jurist, was “wrongfully attempting to deprive me of my First Amendment Right to speak out against the Weaponization of Law Enforcement” by Democratic rivals.

Trump claimed that Merchan’s daughter, Loren Merchan, whose firm has worked on campaigns for President Joe Biden and other Democrats, had recently posted a photo on social media depicting her “obvious goal” of seeing him jailed.

https://apnews.com/article/trump-gag-order-hush-money-new-york-68317dee722581bfbde51c305788b614

https://www.forbes.com/sites/antoniopequenoiv/2024/03/28/trump-again-targets-judges-daughter-in-new-york-criminal-case/?sh=1aec1aed5981

GAG ORDERS UPHELD

A federal appeals court panel in December largely upheld Trump’s gag order in his Washington, D.C., election interference case but narrowed it by freeing him to criticize special counsel Jack Smith, who brought the case. The New York gag order echoed that ruling by excluding Bragg.

At the fraud trial, Trump was fined $15,000 for twice violating a gag order imposed after he made a disparaging social media post about the judge’s chief law clerk.

In January, a federal judge threatened Trump with expulsion from court in a civil trial on writer E. Jean Carroll’s defamation claims against him after he was heard saying “it is a witch hunt” and “it really is a con job.”

TRUMP’S EXTENSIVE  HISTORY OF INCITING VIOLENCE

Trump has and extensive history of inciting violence.

On January 23, 2016, Donald Trump said at a rally in Sioux Center that his supporters are so loyal that he would not lose backers even if he were to shoot someone in the middle of downtown Manhattan, New Yorke City and said:

“I could stand in the middle of Fifth Avenue and shoot somebody, okay, and I wouldn’t lose any voters, okay? … It’s, like, incredible.”

https://www.nbcnews.com/politics/2016-election/trump-says-he-could-shoot-somebody-still-maintain-support-n502911

On February 21, 2016, Trump told a crowd of his supporters in Cedar Rapids that he would pay their legal fees if they engaged in violence against protesters and said this:

“If you see somebody getting ready to throw a tomato, knock the crap out of them, would you? Seriously, OK? Just knock the hell out of them … I promise you I will pay for the legal fees. I promise, I promise.”

http://time.com/4203094/donald-trump-hecklers/

On March 9, 2016, as a protester was being escorted out of a Trump rally in Fayetteville, North Carolina, the protester was sucker-punched by another attendee and Trump said nothing when it was brought to his attention.

At a Las Vegas campaign rally in March, 2016 Trump said security guards were too gentle with a protester and said “He’s walking out with big high-fives, smiling, laughing. … I’d like to punch him in the face, I’ll tell you.”

In yet another campaign rally in March, 2016 in Warren, Michigan, Trump said of a protester “Get him out. …Try not to hurt him. If you do, I’ll defend you in court. Don’t worry about it.”

In July 2017 during a speech to police officials, Trump encourage law enforcement officials to be more violent in handling arrested offenders when he said:

“When you see these thugs being thrown into the back of a paddy wagon, you just seen them thrown in, rough. I said, ‘Please don’t be too nice … When you guys put somebody in the car and you’re protecting their head you know, the way you put their hand over [their head],” Trump continued, mimicking the motion. “Like, don’t hit their head and they’ve just killed somebody, don’t hit their head. … You can take the hand away, OK?’”

During a rally in Montana ahead of the 2018 midterms, Trump praised Republican Greg Gianforte for body slamming a reporter while running for his congressional seat in 2017 and said “any guy who can do a body slam, he is my type!”

PIPE BOMBS SENT TO TRUMP CRITICS BY TRUMP SUPPORTER

In October, 2018, 14 pipe bombs were sent to Democrats who were outspoken critics of president Trump and people who he has vilified at his political rallies and on TWITTER.

The New York Times reported that on October 26, 2018 Federal authorities made an arrest in connection with the nationwide bombing campaign against outspoken Democratic critics of President Trump. The suspect was identified as Cesar Sayoc Jr., 56, of Aventura, Florida. Sayoc is a registered Republican, he has a lengthy criminal history in Florida dating back to 1991. Sayoc’s criminal record includes felony theft, drug and fraud charges, as well as being arrested and accused of threatening to use a bomb.

Pipe bombs were sent to the home addresses of:

Former President Barack Obama
Former Vice President Joe Biden
Former Secretary of State Hillary Clinton
Former United States Attorney General Eric Holder
Former Director of the Central Intelligence Agency (CIA) John O. Brennan
California Congresswoman Maxine Waters
Florida Congresswoman Debbie Wasserman Schultz
Billionaire philanthropist George Soros
Actor Robert Di Nero

A pipe bomb was also delivered to the offices of CNN in Midtown Manhattan, New York City.

During his arrest, Sayvoc’s white van was also seized as evidence. The van’s windows were plastered with a thick collage of pro-Trump stickers. Photos of the van showed that one of the stickers depicted President Trump standing in front of flames and the American flag. Another was of Hillary Clinton’s face in the crosshairs of a rifle scope. A third said: “CNN SUCKS.”

https://www.nytimes.com/2018/10/26/nyregion/cnn-cory-booker-pipe-bombs-sent.html

Photos and video emerged of Sayvoc attending a February, 2017 Trump Rally in Melbourne, Florida. He was holding a placard reading “CNN SUCKS”. Social media posts maintained by Cesar Sayoc Jr., contain conspiratorial memes promoting President Trump and mocking, criticizing and threatening virtually every prominent Democrat he sent a pipe bomb.

One post involving former Attorney General Eric Holder appointed by President Obama said “See you real soon. Tick Tock”.

In a September TWEET to former Vice President Joe Biden he wrote: “Hug your beloved son, Niece, wife family real close every time U walk out your home.”

https://talkingpointsmemo.com/muckraker/mail-bomb-suspect-sayoc-shared-social-media-posts-about-targets

On Wednesday, October 24, 2018, after a briefing with FBI, DOJ, Homeland Security and Secret Service and during a subsequent White House function, President Trump had this to say about the “pipe bomber”:

“The safety of the American people is my highest and absolute priority. … The full weight of our government is being deployed to conduct and bring those responsible for these despicable acts to justice. We will spare no resources or expense in this effort. And I wanted to tell you that, in these times, we have to unify, we have to come together, and send one very clear, strong, unmistakable message, that that acts or threats of political violence have no place in the United States of America.”

https://deadline.com/2018/10/donald-trump-suspected-bombs-sent-to-his-favorite-targets-no-place-in-united-states-1202488702/

On Thursday, October 25, 2018, the very a day after CNN and Democrats were the targets of the pipe bombs, Trump in a TWEET blamed the media for much of the “anger” in society by saying:

“A very big part of the anger we see today in our society is caused by the purposely false and inaccurate reporting of the Mainstream Media that I refer to as Fake News. It has gotten so bad and hateful that it is beyond description. Mainstream Media must clean up its act, FAST!”

https://www.cnn.com/2018/10/25/politics/trump-blames-media-for-anger-after-attacks/index.html

JANUARY 6, 2020 CAPITAL RIOT

On the Morning of January 6, a defeated Donald Trump for reelection spoke to thousands of his upset and angry supporters in Washington, DC in front of the White House before the Congress was to schedule to accept the electoral college vote as mandated by the United States Constitution and electing Joe Biden President.  As usual, Trump’s speech was inflammatory and full of lies. Trump told the crowd that the election had been “rigged” by “radical democrats” and the “fake news media” and he said in part:

“We will never give up. We will never concede. It doesn’t happen. You don’t concede when there’s theft involved. … Our country has had enough. We’re not going to take it anymore.”

Not at all surprising, Trump stoked his followers to take action and head to capitol hill to protest and said:

“And after this, we’re going to walk down there, and I’ll be there with you, we’re going to walk down … to the Capitol and we are going to cheer on our brave senators and congressmen and women. … And we’re probably not going to be cheering so much for some of them. Because you’ll never take back our country with weakness. You have to show strength and you have to be strong.”

“You’re the real people. You’re the people that built this nation. You’re not the people that tore down this nation.”

Soon after Trump spoke, his supporters believing all Trumps lies that the election was rigged, when it was not, went to the United States Capitol to protest. The Congress had already begun the process of counting and certifying the electoral college vote. A mob was able to breach security and successfully enter the building, where one person was shot and later died.

Hundreds of pro-Trump protesters pushed through barriers set up along the perimeter of the Capitol, where they engaged with officers in full riot gear, some calling police officers “traitors” for doing their jobs. About 90 minutes later the domestic terrorists got into the building and the doors to the House and Senate were locked. Shortly after, the House floor was evacuated by police. Vice President Mike Pence was also evacuated from the chamber, he was to perform his role in the counting of electoral votes. Some of the terrorists had even started to chant “HANG MIKE PENCE, HANG MIKE PENCE”.

The protesters first breached exterior security barriers, and video footage showed the domestic terrorists gathering and some clashing with police near the Capitol building. A number of Trump terrorists climbed up the side of the Capitol building to gain access. Windows were broken to gain access. Protesters roamed the interior of the building and went to the House Chamber and congressional offices and did property damage. In the end, 6 people died, one domestic terrorist shot and killed by capitol police with one capitol police officer succumbing to his injuries.

Within 7 hours after protestors took over the Capitol building and after they were evacuated from the building, the Congress returned to work and about 4:30 am in the morning on January 7, President Joe Biden was elected the new President of the United Sates. The final electoral college vote was Joe Biden 306 electoral votes, Donald Trump 232 electoral votes.

COMMENTARY AND ANALYSIS

The video released by the Trump campaign that included an image of President Joe Biden bound and restrained in the back of a pickup truck is about as disgusting and slimy  as it gets. It must be condemned in no uncertain terms and treated by the Secret Service as a threat of violence against President Joe Biden.

In Trump’s and his supporters very sick and very warped minds, they  no doubt think that inciting violence against any opponent or someone who he disagrees with is somehow “freedom of speech.”  For the last 8 years, there is no doubt that President Trump has promoted hostility, mistrust and violence towards the press as well as his critics with his words and conduct. Trump promoted violence, hostility and mistrust when he first ran for President and he is doing it again as he runs in 2024.

The courts, both state and federal, need to come to the realization that as the presidential election heats up and as Trump goes on trial, he will encourage and direct his supporters to attack the court houses.

Sooner, rather than later, someone is going to get killed and what happened with the January 6 capitol riot will play out at court houses to somehow set him free of criminal prosecution.

It also likely if the US Supreme Court does not rule in his favor on the question of immunity, Trump will vow to remove the Supreme Court if he is elected proclaiming the United States Supreme  Court is corrupt by not doing his bidding.

Trump needs to be jailed pending trial in his criminal cases because time and time again Trump has proven he does not respect the courts. To Trump, court gag orders are not worth the paper they are written on.  A “Commitment Order Pending Trial”  is one court order Trump will no doubt read more than a few time sitting in a jail cell and understand.

On February 17 APD Chief Harold Medina and his wife were in an unmarked APD truck on their way to participate in a press conference with Mayor Tim Keller when Medina decided to stop and call for APD to clear a homeless encampment.  According to Medina, he witnessed two people getting into a fight and a gun was pulled and pointed towards Medina and his wife and a shot was fired.  In response to the gun fire, Medina admitted to taking off driving through a red light saying there was no oncoming traffic which was proven false by a surveillance video.

Driving through on coming traffic, Medina drove South through 3 lanes of traffic on Central and T-Boned a  gold colored 1966  Ford Mustang. The driver of the Mustang called for medical assistance himself and was then taken to the hospital in critical condition. The driver underwent 7 hours of surgery for his injuries. Neither Medina nor his wife sustained any serious injury.  Both vehicles were likely totaled. Medina admitted he did not have his lapel camera on and referred the accident to the Superintendent of Police Reform for investigation. Chief Medina has yet to be charged with any traffic violations.

MAYOR KELLER AND CHIEF MEDINA PROCLAIM MEDINA WAS VICTIM

On February 17 during a news conference after the crash, Mayor Tim Keller reacted to the entire car crash by heaping highly questionable praises on Chief Medina and not even mentioning the victim of the car crash by saying this in part:

“[Chief Medina is] arguably the most important person right now in these times in our city. … [The shooting incident is an example of] why we are never quitting when it comes to trying to make our city safer. … But it’s hard. It is extremely hard. It affects everyone, including our chief of police on a Saturday morning. … This is actually him on a Saturday morning, disrupting an altercation, a shooting, trying to do what’s right, trying to make sure that folks are okay after on scene. This is above and beyond what you expect from a chief, and I’m grateful for Harold Medina. … Whether it’s our city or the individuals that he helped or potentially the lives that he saved because of the shooting that was happening, we all owe him a debt of gratitude today.”

A full week after the crash, Mayor Keller was interviewed and said the driver of the Mustang “happened to be at the wrong place at the wrong time … and it was also a beautiful gold Mustang.”  

On Tuesday, February 20, Chief Medina did a “Chief’s Corner” video briefing which was sent to all APD personnel.  He announced that it was a “special edition” of his Chief’s corner to discuss the February 17 car crash with APD personnel. Medina said this this in part:

“I was the victim of this traffic accident, and it’s a direct impact of what gun violence is doing to our community. And we need to continue to work at it. I did call out I did submit to a drug test, as any officer would.”

Medina said he was sorry for the man who was injured and wished him “a speedy recovery.”  Medina said “We did try to reach out to him and he is not ready to speak to us, and that’s not surprising.”  On March 27, it was reported that Chief Medina tried to visit the injured man in the hospital but was told by his family they did not want to see him. A spokesman for the the victims family attorney  said the victim’s family “were only informed an unidentified officer was trying to visit them, and on advice of their attorney they did not communicate with her or she.” 

EXTENT OF INJURIES TO OTHER DRIVER REVEALED

On March 11, this blog reported that Confidential sources revealed the identity of the driver of the Gold Mustang to be Todd Perchert who posted on his FACEBOOK page a photo of himself in a hospital bed with an oxygen tube in his nose. His post said this:

“Broken clavicle, scapula, 8 ribs, tube in lung, and stiches on head and ear. Plus epidural feeding pain meds to spine.

Thank you all for continued prayers.

Most likely will have surgery to put plates on ribs.

Had looked forward to Fox King and Country at Calvery this am …

Continued prayers appreciate.

Thank you!

Love”

The social media post and photo of the victim in the hospital was soon taken down most likely under advice of counsel. The FACEBOOK page is replete with numerous photos of the gold classic Ford Mustang as the proud owner travels the highways and outdoors of New Mexico reflecting great pride over ownership of the vehicle.

VICTIM OF CAR CRASH SPEAKS OUT

On March 27, Todd Perchert, who is age 55, along with his wife and his attorney held a press conference to discuss the February 17 car crash. It was revealed that the city has been placed on notice that a lawsuit for damages will be filed. All 3 had very sharp words for Mayor Tim Keller and Chief Medina.  Surprisingly,  Perchert proclaimed they are not calling for the Chief’s Medinas resignation, but are looking for accountability and compensation for all the injuries Medina inflicted. Perchert’s attorney says they have questions about why Medina stopped in the first place and without his lapel camera on. Perchert said the actions of Chief Medina have left him with life-altering injuries.

Todd Perchert  gave his version of the events. Perchert said on Saturday, February 17, he was cruising down Route 66 in his family heirloom car, a gold 1966 Ford Mustang. His plan was to head from the Route 66 Diner to a Mustang Club meetup at the Atomic Museum, but he never made it.  He said it was the perfect day for cruising in his 1966 Mustang.

Todd Perchert said he never expected his life would be turned upside down by APD Chief Medina. Todd Perchert said this:

“It was so fast I don’t think I had time to even brace for it. … As I approached the intersection of Central and Alvarado, I clearly recall seeing the green light before going through the intersection. Then all of a sudden, I saw a black truck come out of nowhere and slammed into me on the driver’s side. … The grille was mostly what I saw as I sat eye-level, and I remember the sound quite well.”

It has been confirmed by video of the accident that the grill of Harold Medina’s APD issued  truck slammed into his driver’s side in a spray of shattered glass and a shriek of twisted metal.

In the aftermath of the crash, Perchert said he was trying to get someone to call his wife and he said this:

“As the car came to a stop, I saw a woman step toward me and said I should call 9-1-1 which I did. At this point, the pain hit me. I couldn’t sit up and just leaned over the center console. Another woman came over and said I was bleeding while trying to talk with the emergency operator on the phone, I couldn’t breathe making it difficult to talk. …  I kept reiterating that I needed someone to call my wife who was out of town for work. At one point I looked down and realized even though everything in the car had flown all over the place, the bible I kept on the center console was what was propping up, it was squarely under my left hand, holding me up. That’s when I knew God was with me.

Perchert was crushed in the crash, and had  to be dragged out of the passenger side of his car. On his left side, he sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung.  Perchert said this:

“Titanium plates have been put on all but the two top ribs, which was a seven-hour surgery. … [I have]  been in constant pain since the crash. … When I saw the actual video of the accident, I was like, surprised I came out with what I got. … I’ll have the metal in my chest for the rest of my life, so you know the bones could heal up…but any complications that could arise from that, I don’t know what’s going to happen.”

Danielle Perchert, Todd Perchert’s wife, said she was not in town at the time of the accident but on the East Coast for work as a first responder. She said she found out from police about her husband’s crash over the phone.  In an very emotional interview,  she had this blunt assessment of Chief Medina’s actions and a few choice words for Mayor Tim Keller:

“In my head, all I kept hearing was, ‘the police chief was running away, he was running away. He was running away. And my husband is injured because he was running away.  … My husband’s injuries due to the chief’s reckless disregard for the lives and safety of others were secondary and blown off as if no concern by the APD spokesperson, and the mayor.  To make things worse, the mayor praised the chief’s actions. That made me sick. … That behavior is not to be praised.”

Todd and Danielle Perchert said they were very upset to see Keller praising Medina directly after the crash during a press conference.  Danielle Perchert noted how Medina and Keller could be seen “smiling and hugging at the scene”  in one news report and, at some point, two officers could be seen opening the hood of the classic Mustang “checking out the engine like they were at a car show. … I couldn’t believe what I was seeing and hearing.” 

Danielle Perchert said their lives have changed and that they used to lead a very active lifestyle, and Todd had just begun training for half-marathons again.

“Rehabilitation will be a very long and very painful process. …  now he is in constant pain, and has limited mobility. … This is my family, you know, I’m sorry, but how would they have reacted if that was their spouse or someone in their family? Someone would have been held accountable.” 

The Percherts say they’re not asking for the chief to resign, but say they want accountability and compensation for Todd’s injuries.  The Perchert’s said the Mustang, which was passed down to Todd from his uncle, and then his father shortly before he passed away, was totaled in the crash. He had owned it for 12 years.

Private attorney James Tawney, with the law firm Tawney, Acosta & Chaparro P.C., said he is representing Todd Perchert in a lawsuit against the city of Albuquerque.  He said tort a claims notice to file suite has already been sent to the city. Tawney said  it’s too early to know how much financial compensation they will ask for, and what sort of measures would be suitable to hold Medina accountable. The Percherts and their attorney claim Medina violated multiple state laws and department operating procedures. Tawney also said in the aftermath of the accident, more should have been done by the city and police officials to see just how Perchert was recovering ostensibly by seeking information on his care and recovery.

Attorney Tawney for his part said they are seeking accountability from Chief Medina  and had this to say about damages and raised a few questions that need answering:

“There’s no amount of money that will put him back into the place that he was before this crash. … We have questions why [Chief Medina]  pulled over in the first place in an unmarked vehicle with his wife in the car without his lapel camera on. Officers have been disciplined and terminated for similar unsafe driving practices. …  I don’t know why the New Mexico State Police didn’t investigate this, as opposed to our police department. I mean, that’s the first question.”

They’re also questioning why APD is doing its own internal investigation, rather than having another agency look into it, and why Medina was not issued a ticket for the crash.

APD INTERNAL INVESTIGATION

APD officials say the internal investigation into the crash is ongoing and APD says a crash review board will decide whether the crash was preventable, and the internal investigation is ongoing to determine whether policies were followed during the entire incident. Based on those findings, the Superintendent of Police Reform will decide whether discipline is required. However, it will ultimately be Mayor Tim Keller who will decide if Medina should be disciplined. APD also said they would not speculate on the investigation’s outcome. Police are also still looking for the person who fired the gun.

Gilbert Gallegos, spokesperson for APD issued the following statement:

“We’re glad to see Mr. Perchert is recovering from his injuries. Because the internal investigation is on-going, we’re not going to speculate about the outcome. A crash review board will determine whether the crash was preventable, and the Internal Affairs investigation will determine whether policies were followed during the entire incident.  The Superintendent of Police Reform will decide whether discipline is required, based on those findings.”

Links to quoted and relied upon news sources are here:

https://www.krqe.com/news/albuquerque-metro/man-involved-in-crash-with-apd-chief-speaks-out/

https://www.kob.com/new-mexico/victim-of-crash-involving-apd-police-chief-demands-accountability/

https://www.abqjournal.com/news/injured-driver-in-crash-involving-apd-police-chief-says-his-life-has-been-turned-upside/article_37530d7e-ec6c-11ee-a836-778b13f8d225.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

APD Chief Harold Medina has admitted that he did not have his body camera on.  He has admitted that he ran a red light and T-boned another driver.  Surveillance video shows Medina cutting in between two other vehicles in oncoming traffic before accelerating at a high rate of speed through the intersection. The video shows Medina did not have his vehicle’s emergency equipment on. The video shows oncoming traffic with Medina first slowly inching between two vehicles and Medina then accelerates to a high rate of speed to cross to the South traveling lanes of Central and crashing into the driver’s side of the  Mustang that was traveling East on the South lanes of Central. Perchert is lucky to be alive and not killed at the time of  the accident.

CHIEF MEDINA NEEDS TO BE CHARGED WITH RECKLESS DRIVING

It is Section 66-8-113 that defines and prohibits Reckless Driving and it states as follows:

1. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.
2. Every person convicted of reckless driving shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, upon a first conviction by imprisonment for not less than five days nor more than ninety days, or by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or both and on a second or subsequent conviction by imprisonment for not less than ten days nor more than six months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or both.
3. Upon conviction of violation of this section, the director may suspend the license or permit to drive and any nonresident operating privilege for not to exceed ninety days.

 https://law.justia.com/codes/new-mexico/2018/chapter-66/article-8/section-66-8-113/

Medina’s actions and the car crash fit the very definition of reckless driving by a person who “drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger … any person or property.”  The entire accident could have been avoided had Medina simply taken a right hand turn onto Central in traffic, but instead he likely panicked out of fear for himself and his wife and recklessly drove forward into on coming traffic and t-boned Todd Perchert.

Chief Medina has not been charged and no explanation has been given by APD as to why.  Supposedly the scene was secured, but even then standard operating procedures were not followed. Any other APD officer involved in such a crash they are the cause of injuring another would have been charge and immediately placed on administrative leave pending a full investigation.

MEDINA VIOLATED BODY CAMERA MANDATE

Chief Medina admitted that he did not have his body camera on during the February 17 incident and car crash.

It was in 2020 that the New Mexico legislature enacted New Mexico Statute § 29-1-18 which mandates the use of body cameras by law enforcement.  The statute reads in part as follows:

“A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty, except as provided in Subsection B of this section. Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:

(1) requiring activation of a body-worn camera whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public;

(2) prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;

(3) requiring that any video recorded by a body-worn camera shall be retained by the law enforcement agency for not less than one hundred twenty days; and

(4) establishing disciplinary rules for peace officers who:

(a) fail to operate a body-worn camera in accordance with law enforcement agency policies;

(b) intentionally manipulate a body-worn camera recording; or

(c) prematurely erase a body-worn camera recording in violation of law enforcement agency policies.

… .

Peace officers who fail to comply with the policies and procedures required to be adopted …  may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.

Chief Medina failed to comply with the statute by not having his body camera activated to record the encounter he had.  There are serious consequences for Chief Medina’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), he “may be presumed to have acted in bad faith and may be deemed liable for the independent tort of negligent spoliation of evidence or the independent tort of intentional spoliation of evidence.”

STANADARD OPERATING PROCEDURES VIOLATED BY MEDINA

Based on all the news accounts and the comments, statements and the admissions against interest and admissions of liability made by Chief Harold Medina, it is clear Medina violated one or more of APD’s Standard Operating Procedures.

Medina has admitted he did not have his police radio on in his truck which is a standard operating procedure violation. Medina also admitted he did not turn his body camera on in a timely manner which is a violation APD Standard Operating procedures. At no point did Medina have any emergency equipment on during or after the event which is another violation.

Medina violated the following specific APD Standard Operating Procedures:

1. Chief Medina did not activate his “on body recording device” (OBRD) in a timely manner(Standard  Operating Procedure Section 2-8-4, “Use of On Body Recording Devices” and  2-8-5 “Mandatory Recordings”)
2. Chief Medina involved his wife in a patrol and enforcement action when he decided to stop and investigate the homeless encampment and it escalated involving a felony resulting in her being placed in harm’s way. Chief Medina’s wife is not certified for APD ride along. (Standard Operating Procedure 1-6-4 Unauthorized Patrol Ride Along)
3. Chief Medina  did not take his wife to a safe and convenient location before he attempted to take action and investigate. (Standard Operating Procedure 2-5, 2-5-4)
4. Chief Medina did not have his vehicles emergency warning equipment engaged when he made the initiate stop to investigate nor when he took off to flee from the scene. (Standard Operating procedure 2-6, 2-6-4)
5. Chief Medina did not drive his vehicle with due regard for the safety of others and drove with reckless disregard for the safety of others by running a red light and driving his vehicle without the vehicle’s emergency equipment on and when he ran the red light. (Standard Operating Procedure 2-6, 2-6-4)
6. Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles. (Standard Operating Procedure 2-47 deals with “Crashes Involving Department Issued Vehicles”)
7. Upon information and belief, Chief Medina has not prepared a Uniform Incident Report as required by Standard Operating Procedure. (Standard Operating Procedure 2-7, 2-7-4)

NO CHIEF IS EXEMPT FROM STANDARD OPERATING PROCEDURES

No sworn law enforcement officer, including APD Chief Harold Medina, is above enforcement of police standard operating procedures. A chief must follow standard operating procedures and be held accountable for any violations just like he holds all those officers of lesser rank he manages and even disciplines.

The APD policy for responding to calls says when officers are responding to a call they must “exercise due regard for the safety of all persons and property.” It adds that they have right of way while responding to a call, but it does not relieve them from the duty to drive with due regard for the safety of all others.

It’s more likely than not that Chief Medina will not face any discipline, given he is a command level and Mayor Keller has called Medina “arguably the most important person right now in these times in our city.”  If this was a patrol officer making these same mistakes and violating Standard Operating Procedures, Chief Medina would most likely give them hours of suspension without pay or even flat out terminate them.  That is exactly what happened when a few years ago an APD officer ran a red light traveling at a high rate of speed and crashed into another vehicle seriously injuring himself and critically injuring a mother and her two children.   The case resulted in a multimillion-dollar judgement against city.

https://www.krqe.com/news/police-officer-mother-and-two-children-injured-in-crash-at-eubank-indian-school/

KELLER UNEQUIVICALLY ENDORSES CHIEF MEDINA BEFORE INDIVISIBLE NOB HILL PROGRESSIVE ACTIVISTS

This whole car crash incident and how it has been handled further erodes the credibility of Chief Medina and Mayor Tim Keller whose reputations have already been damaged to a great extent by the ongoing Federal Bureau of Investigation (FBI) of the entire DWI Unit that has been implicated in a bribery and conspiracy scheme involving a prominent DWI defense attorney to dismiss cases. As recently as Monday, March 25, Mayor Tim Keller was asked at a meeting of upwards 75 community, progressive activists known as “Indivisible Nob Hill”  how can the public have any faith and confidence in APD after the scandal and why he has not fired Chief Harold Medina. Keller’s defense of Medina was alarming and was unequivocal wherein he gave credit to Chief  Medina for bringing down the city’s crime rates and progress in  implementing the Department Of Justice reforms under the Court Approved Settlement Agreement. Mayor Keller made no mention of the February 17 car crash and made it clear that he has no intention of taking any action to remove Chief Harold Medina expressing 100% confidence in Medina.

FINAL COMMENTARY

It is downright disgusting that Mayor Tim Keller has tried to make out Chief Medina as some sort of a hero when he never confronted any one and in fact fled the scene out for self-preservation to himself and his wife.  It’s even more disgusting how Medina had the nerve to say “I was the victim of this traffic accident” when in fact he suffered no injuries as he put an innocent civilian in the hospital in critical condition.

Both Keller and Medina are an embarrassment to the city with Keller doing whatever he can to shield his appointed police chief from being held 100% accountable  for an accident that caused serious bodily injury to a law-abiding citizen.  The city council’s failure to vote for an independent investigation is a reflection that they simply want to ignore their oversight responsibilities of a department unable to police itself.

APD Chief Harold Medina must be held 100% responsible for the car crash critically injuring a private citizen and sending him to the hospital. Chief Medina should be charged with Reckless Driving and be terminated “for cause” for the violations of APD’s Standard Operating procedures. The City Council should move immediately to remove Chief Harold Medina sooner rather than later given Mayor Tim Keller’s blind loyalty to a police chief he is not willing to remove for cause.

Links to previous and related blog articles are here:

https://www.petedinelli.com/2024/03/11/injuries-inflicted-to-mustang-driver-by-apd-chief-medina-in-february-17-car-crash-revealed-medina-admits-liability-reckless-driving-law-body-camera-law-and-sops-violated-by-medina-chief-m/

https://www.petedinelli.com/2024/02/23/mayor-keller-proclaims-critically-injured-driver-involved-in-chiefs-accident-wrong-place-at-the-wrong-time-apd-family-ride-policy-under-scrutiny-after-chief-medina/

https://www.petedinelli.com/2024/02/22/released-video-of-chief-medinas-car-crash-contradicts-medinas-version-of-events-medina-and-keller-claim-medina-victim-apd-launches-internal-affairs-investigation-and-motor-unit-inv/

Albuquerque Journal Pete Dinelli Guest Opinion Column “Chief Medina Should Be Fired And Prosecuted In Connection to Crash”

APD Chief Medina And Wife In Car Crash While Fleeing Gunfire In City Vehicle; Driver Of Other Car Sent to Hospital In Critical Condition; Chief Medina Likely Violated Numerous Standard Operating Procedures; Mayor Tim Keller Should  Place Medina On Administrative Leave And Request BCSO Or State Police To Investigate Incident

Former President Donald J. Trump is the first American President to be impeached twice and the first former president in American history to be charged with both state and  federal crimes in 4 separate criminal indictments in 4 separate states.  Trump has swept all of the Republican primaries and is now the presumptive 2024 Republican nominee for President.

This blog article provides a status report of the 4 criminal cases and the 2 civil case appeals. Following are the 4 criminal cases:

     1.  TRIAL ON NEW YORK STATE INDICTMENT ON BUSINESS FRAUD CHARGES TO BEGIN APRIL 15

This case is considered the weakest of the criminal cases and it will be the first to go to trial. Trump is accused of violating New York State law by allegedly agreeing to obscure a series of reimbursements to his former lawyer and fixer, Michael Cohen, who is the key witness against Trump in the case. Cohen made a $130,000 alleged “hush money” payment to adult film star Stephanie Clifford, known as Stormy Daniels, days before the 2016 election, in exchange for her silence about an alleged affair with Trump. Trump denies the allegations and says there was no affair.  Prosecutors accuse Trump of illegally portraying the reimbursements to Cohen as legal expenses.

The trial was scheduled to begin on March 25, but Trump’s defense attorneys moved to continue the trial after they complained about a recent deluge of nearly 200,000 pages of evidence from a previous federal investigation into the matter.  On March 25, Manhattan Judge Juan M. Merchan ordered that Donald Trump’s criminal trial will begin April 15.   Judge Merhcan ruled after tearing into the former president’s lawyers for what he said were unfounded claims that the hush-money case had been tainted by prosecutorial misconduct.  Barring another delay, the presumptive Republican nominee will be on trial as a criminal defendant in just three weeks.

https://apnews.com/article/trump-hush-money-trial-new-york-b8fb980a6ec745e918a13e676b7f1460

2. FULTON COUNTY 2020 ELECTION INTERFERENCE CASE

 Trump and 18 others are accused under Georgia’s Racketeer Influenced and Corrupt Organizations or RICO law of coordinating an effort to thwart proper certification of the state’s 2020 presidential election which Biden won. The investigation was launched after an infamous recorded phone call to Georgia Secretary of State Brad Raffensperger on Jan. 2, 2021, in which Trump pressed him “to find 11,780 votes.” Trump denies he did anything wrong.

On August 14, 2023, Trump and 18 codefendants were indicted in a 13 counts indictment.  The charges are:

• 3 counts of solicitation of violation of oath by public officer
• 2 counts of conspiracy to commit forgery in the first degree
• 2 counts of conspiracy to commit false statements and writings
• 2 counts of false statements and writings
• Violation of Georgia RICO Act
• Conspiracy to Commit Impersonating a public officer
• Conspiracy to commit filing false documents
• Filing false documents

Indictment Text: Read here

The Co-defendants named in the indictment are: Rudy Giuliani; John Eastman; Mark Meadows; Kenneth Chesebro; Jeffrey Clark, Jenna Ellis; Ray Smith; Robert Cheeley; Michael Roman; David Shafer; Shawn Still; Stephen Lee; Willie Floyd; Trevian Kutti; Sidney Powell; Cathleen Latham; Scott Hall; Misty Hampton

The nearly 100-page Georgia indictment details dozens of alleged acts by Trump or his allies to undo his defeat, including harassing an election worker, who faced false claims of fraud, and attempting to persuade Georgia lawmakers to ignore the will of voters and appoint a new slate of Electoral College electors favorable to Trump.

The Georgia case covers some of the same ground as the federal case in Washington brought by special counsel Jack Smith that charges Trump with conspiring to overturn his election loss in a desperate bid to stay in power. Trump is charged separately by Smith with hoarding classified documents at his Mar-a-Lago estate and thwarting government efforts to retrieve them.

GUILTY PLEAS   On September 29, defendant  bail bondsman Scott Graham Hall, pleaded guilty  in a plea deal with prosecutors and agreed to testify in further proceedings.

https://apnews.com/article/jeffrey-clark-georgia-federal-court-64183e3dc09d1f2e03fc4b4dab1c2bdb

In October, 2023  co-defendants Sidney Powell, Kenneth Chesebro and Jenna Ellis pled guilty to conspiracy charges just prior to jury selection. Powell was sentenced on Oct. 19 to six years of probation for conspiring to interfere with the performance of election duties while orchestrating a Coffee County elections system breach following the 2020 presidential election.

A day later, Chesebro’s plea deal was approved just of hours after several hundred prospective jurors completed a questionnaire for his trial. Chesebro admitted planning the alternate GOP elector scheme in order to prevent Biden from taking office in January 2021.

JUDGE DISMISSES SOME CHARGES

On March 13, Fulton County Superior Court Judge Scott McAfee quashed six counts in the indictment, including three against Trump, the presumptive 2024 Republican presidential nominee. The six challenged counts charge the defendants with soliciting public officers to violate their oaths. One count stems from a phone call Trump made to Georgia Secretary of State Brad Raffensperger, a fellow Republican, on Jan. 2, 2021, in which Trump urged Raffensperger to “find 11,780 votes.”

Another of the dismissed counts accuses Trump of soliciting then-Georgia House Speaker David Ralston to violate his oath of office by calling a special session of the legislature to unlawfully appoint presidential electors.

McAfee said the counts did not allege sufficient detail regarding the nature of the violations. McAfee wrote:

“The lack of detail concerning an essential legal element is, in the undersigned’s opinion, fatal. … They do not give the Defendants enough information to prepare their defenses intelligently.”

Judge McAfee left in place other counts,  including 10 facing Trump,  and said prosecutors could seek a new indictment to try to reinstate the ones he dismissed. The rest of the sweeping racketeering indictment remains intact.

The ruling is a blow for Fulton County District Attorney Fani Willis. It’s the first time charges in any of Trump’s four criminal cases have been dismissed, with the judge saying prosecutors failed to provide enough detail about the alleged crime. The sprawling indictment charges Trump and more than a dozen other defendants with violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, known as RICO.

The case uses a statute normally associated with mobsters to accuse the former president, lawyers and other aides of a “criminal enterprise” to keep him in power after he lost the 2020 election to Democrat Joe Biden.  Defense attorneys applauded the ruling, which came after challenges to the indictment from Trump, former New York mayor and current Trump attorney Rudy Giuliani, former White House chief of staff Mark Meadows and attorneys John Eastman, Ray Smith and Robert Cheeley. They have all pleaded not guilty.

https://apnews.com/article/georgia-election-interference-2020-trump-46e0b68c25719c404130f7e6eab69dcd

SPECIAL PROSECUTOR RESIGNS

Fulton County District Attorney Fani Willis became embroiled in controversy when she was accused of having a romantic relationship with  top prosecutor attorney Nathan Wade who she appointed in the case.  Trump attorneys sought to disqualify Willis from the case.  After several days of extraordinary testimony, Superior Court Judge Scott McAfee heard arguments over whether Willis’ relationship with special prosecutor Nathan Wade amounts to a conflict of interest that should force them off the case. Attorneys for Trump and some of his co-defendants accused Willis and Wade of lying on the witness stand about when their relationship began, and told McAfee that keeping the district attorney on the case threatens to undermine the public’s confidence in the hugely consequential prosecution.

The link to a quoted news source is here:

https://www.cbsnews.com/news/trump-indictments-details-guide-charges-trial-dates-people-case/

https://apnews.com/article/fani-willis-trump-legal-arguments-georgia-0ede9d18ae072efd6d71f38ea4705beb

https://www.cbsnews.com/news/trump-indictments-details-guide-charges-trial-dates-people-case/

On March 15, special prosecutor Attorney Nathan Wade resigned and formally withdrew  from the Georgia election interference case against Donald Trump after Judge Scott McAfee ruled he had to leave the case or Willis couldn’t continue to pursue the charges.  Wade’s resignation allows Willis to remain on the most sprawling of four criminal cases against the presumptive Republican nominee in the 2024 presidential election.

Wade offered his resignation in a letter to Willis, saying he was doing so “in the interest of democracy, in dedication to the American public and to move this case forward as quickly as possible.”

An attorney for the former president said they respected the court’s decision but believe the judge “did not afford appropriate significance to the prosecutorial misconduct of Willis and Wade.”

https://apnews.com/article/georgia-election-indictment-fani-willis-trump-60b7dd9642fc9ef7c03d75980692334c

On March 23, Fulton County District Attorney Fani Willis said that her case against former President Donald Trump has not been delayed despite the distraction caused by her romantic relationship with the special prosecutor she hired to work on the case. Willis brushed off the idea of a delay in the trial because, throughout the investigation into her personal life, she said her team was working on the case against Trump “in the way that it needed to be done. … I don’t feel like we’ve been slowed down at all. …  I do think there are efforts to slow down this train, but the train is coming.”

3. FEDERAL INDICTMENT IN 2020 ELECTION INTERFERENCE CASE

On August 1, 2023 former President Donald Trump was charged by federal Special Counsel Jack Smith with the following 4 crimes:

• Conspiracy to Defraud the U.S.
• Conspiracy to Obstruct an Official Proceeding
• Obstruction of and Attempt to Obstruct an Official Proceeding
• Conspiracy Against Rights

Of all the cases, this is the one that is considered the most serious. Trump is accused of participating in a scheme to interfere with the peaceful transfer of power after he lost the 2020 election to now-President Joe Biden. The indictment accuses Trump and six unindicted, unnamed co-conspirators of knowingly spreading lies that there was widespread “fraud in the election and that he had actually won,” ultimately leading to the Jan. 6, 2021 attack on the Capitol. Trump denies all wrongdoing.

All 4 federal charges relate to Trumps efforts to obstruct or stop the January 6, 2021 congressional certification of President Joe Biden’s election victory.  The indictment describes how Trump repeatedly told supporters and others that he had won the election, despite knowing that it was false, and how he tried to persuade state officials, then-Vice President Mike Pence and finally Congress to overturn the legitimate results.

After a weekslong campaign of lies about the election results, prosecutors allege that Trump sought to exploit the violent rampage at the Capitol by pointing to it as a reason to further delay the counting of votes that sealed his defeat.  In their charging documents, prosecutors referenced a half-dozen unindicted co-conspirators, including lawyers inside and outside of government who they said had worked with Trump to undo the election results and advanced legally dubious schemes to enlist slates of fake electors in battleground states won by Biden.

Trump has pleaded not guilty to the 4 charges and has defended against them by saying he has Presidential Immunity for his action of January 6, 2021 and his efforts to stop the certification of election results were within his powers and authority as president. The Trump campaign has called the charges “fake” and asked why it took 2 1/2 years to bring them.

On February 6, 2023, the  federal appeals court ruled  that Donald Trump is not immune from prosecution for alleged crimes he committed during his presidency, flatly rejecting Trump’s arguments that he shouldn’t have to go on trial on federal election subversion charges. The judges made it clear that Trump’s actions could be prosecuted in a court of law.

The judges cited the public interest in accountability for potential crimes committed by a former president, and how that overcame Trump’s argument that immunity was necessary to protect the institution of the presidency. They flatly rejected Trump’s claim that his criminal indictment would have a “chilling effect” on future administrations.

https://www.npr.org/2023/12/22/1221334637/supreme-court-trump-immunity

https://www.cnn.com/2023/12/11/politics/special-counsel-trump-jack-smith/index.html

https://www.cnn.com/politics/live-news/trump-court-ruling-immunity-election-subversion-prosecution/index.html#:~:text=A%20federal%20appeals%20court%20on,on%20federal%20election%20subversion%20charges

Trump appealed the to the United States Supreme Court the Court of Appeals decision that he is not immune from prosecution and seeking a “stay of the criminal case” by the Supreme Court until  they render a decision.  A key part of Trump’s legal strategy has been to delay his criminal cases until after the 2024 election.

In response to the Trump appeal and the request to place a hold on the proceedings, Special Council Jack Smith filed a request to treat the Trump stay application as a petition for a writ of certiorari and to treat the case in an expedited manner.

On Wednesday, February 28, the US Supreme Court granted CERTIORARI and agreed to hear the case and issued an expedited scheduling order for briefing.  The order states in part:

“The application for a stay presented to The Chief Justice is referred by him to the Court. The Special Counsel’s request to treat the stay application as a petition for a writ of certiorari is granted, and that petition is granted limited to the following question:

Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”

The case is set for oral argument during the week of April 22, 2024. The Supreme Court is expected to rule within an matter of weeks after April 22.

4. FEDERAL INDICTMENT ON CLASSIFIED DOCUMENTS CHARGES IN FLORIDA

Trump is accused of keeping classified documents after leaving the White House and storing them “in various locations at The Mar-a-Lago Club including in a ballroom, a bathroom and shower, an office space, his bedroom, and a storage room” according to the indictment. He is also accused of a “scheme to conceal” that he had kept those documents. Trump denies all  wrongdoing. 

Where: U.S. district court, Fort Pierce, Florida

Judge: U.S. District Judge Aileen Cannon

Lead prosecutor: Special counsel Jack Smith

Lead defense attorneys: Todd Blanche, Christopher Kise

Co-defendants: Walt Nauta, an aide to Trump, and Carlos De Oliveira, a property manager at Mar-a-Lago

Indicted: June 8, 2023; superseding indictment returned July 27, 2023

Indictment Text: Read here

Charges: 40 counts in all, including:

• 32 counts of unlawful retention of national defense information;
• One count of conspiracy to obstruct justice;
• One count of withholding a document or record;
• One count of corruptly concealing a document or record
• One count of concealing a document in a federal investigation
• One count of scheme to conceal
• One count of false statements and representations
• One count of altering, destroying, mutilating or concealing an object
• One count of corruptly altering, destroying, mutilating or concealing a document, record or other object

Arraigned: June 13, 2023; Aug. 10, 2023

Plea: Not guilty

Scheduled trial: May, 2024

Case Status: Special counsel Jack Smith has been leading two federal probes related to Trump, both of which have resulted in charges against the former president. The first charges to result from those investigations came in June when Trump was indicted on charges he mishandled top secret documents at his Florida estate. The indictment alleged that Trump repeatedly enlisted aides and lawyers to help him hide records demanded by investigators and cavalierly showed off a Pentagon “plan of attack” and classified map.

 CIVIL JUDGEMENT CASES ON APPEAL

While Trump is preoccupied with the 4 criminal cases, he has also suffered major set back in his 2 major civil cases with over $530 million in civil judgements rendered against him. Trump is appealing both cases.

1. NEW YORK STATE VS. TRUMP ORGANIZATION

The civil lawsuit from New York Attorney General Letitia James, a Democrat sought  $370 million from Trump and the other defendants including his two sons.  The figure was originally $250 million. James alleged that Trump filed fraudulent financial statements that allowed him to obtain loans and insurance at more favorable rates. The trial lasted over 11 weeks.

On February 17, Judge Arthur Engoron hit Donald Trump with the  biggest punishment against him to date. Judge Engoron fined the former president $355 million for fraudulently inflating the values of his properties.  Engoron found Trump liable for fraud, conspiracy and issuing false financial statements and false business records, and he barred him from serving as director of a company in New York for three years. But while he stopped short of dissolving the Trump Organization altogether, Engoron issued a blistering 93-page opinion that painted the former president as unremorseful and highly likely to commit fraud again.

On February 25 Trump appealed the  New York judge’s order requiring the former president to pay $355 million plus interest, resulting in a total judgment of $454 judgment,   in the civil-fraud case that has put the future of his real-estate business at risk. Not withstanding the appeal, Trump was initially required to post the full $454  million as bond for the appeal.

https://www.cnn.com/politics/live-news/trump-civil-fraud-trial-decision-02-16-24/index.html

APPEALS COURT REDUCES BOND

On March 25, the  New York appeals court agreed to hold off collection of former President Donald Trump’s more than $454 million civil fraud judgment if he posts $175 million within 10 days.  If Trump does, it will stop the clock on collection and prevent the state from seizing the presumptive Republican presidential nominee’s assets while he appeals. The appeals court also halted other aspects of a trial judge’s ruling that had barred Trump and his sons Eric Trump and Donald Trump Jr., the family company’s executive vice presidents, from serving in corporate leadership for several years.

In all, the order was a significant victory for Trump as he defends his  real estate empire. The development came just before New York Attorney General Letitia James, a Democrat, was expected to initiate efforts to collect the judgment. Trump, who was attending a separate hearing in his criminal hush money case in New York, hailed the ruling and said he would post a bond, securities or cash to cover the $175 million sum in the civil case. Speaking in a courthouse hallway, Trump revisited his oft-stated complaints about civil trial Judge Arthur Engoron and the penalty he imposed.

James’ office, meanwhile, noted that the judgment still stands, even if collection is paused. James said this:

“Donald Trump is still facing accountability for his staggering fraud.”  

Trump’s lawyers had pleaded for a state appeals court to halt collection, claiming it was “a practical impossibility” to get an underwriter to sign off on a bond for such a large sum, which grows daily because of interest. The Trump attorneys had earlier proposed a $100 million bond, but an appellate judge had said no late last month.   Monday’s ruling came from a five-judge panel in the state’s intermediate appeals court, called the Appellate Division, where Trump is fighting to overturn Engoron’s Feb. 16 decision. Trump attorneys Alina Habba and Christopher Kise characterized Monday’s ruling as a key first step.

https://www.gainesvilleregister.com/news/court-agrees-to-pause-collection-of-trumps-massive-civil-fraud-judgment-if-he-puts-up/article_9c1083a8-5ffb-5c19-8aaa-652f379f98c1.html

$175 MILLION BOND POSTED

On April 2, it was reported that former President Donald Trump has posted a $175 million bond as he appeals the judgment against him in the New York civil fraud case brought by state Attorney General Letitia James. Trump’s bond pauses any action that James could take against Trump’s properties in response to the judgement until at least September, when the state appeals court also set a schedule to hear his appeal of the $464 million verdict against him. The bond is underwritten by Knight Specialty Insurance, a California-based insurance company, but the court document does not list the collateral that Trump used to secure the bond.

https://www.cnn.com/2024/04/01/politics/trump-bond-civil-fraud-trial/index.html

https://www.cbsnews.com/news/trump-posts-175-million-bond-in-new-york-fraud-case/

2.  $83 MILLION CIVIL VERDICT AGAINST TRUMP FOR DEFAMATION

A longtime advice columnist, E. Jean Carroll wrote a story in New York magazine in 2019 accusing Trump of sexually assaulting her in a department store dressing room in the mid-1990s. Trump, who was president at the time, immediately denied the allegations, calling Carroll a “whack job” and claiming he had never met her. He would go on to repeat similar denials in public appearances, social media posts and even in court, a pattern cited by Carroll’s attorneys during the trial.

Carroll filed 2 defamation lawsuits over comments Trump made in 2019 and 2022, arguing his disparagements ruined her reputation and subjected her to endless streams of threats. In the trial to resolve Carroll’s first suit in May 2023, a jury found Trump liable for defamation and sexual abuse and awarded Carroll $5 million.

Before the second trial got underway, the judge ruled that Carroll was telling the truth about the assault, and that Trump’s statements denying her claims were defamatory. The jury was tasked only with deciding what damages Carroll was entitled to receive.

The jurors’ $83 million decision came just days after Trump won the New Hampshire primary, solidifying his status as the front-runner to become the Republican presidential nominee.

On January 26, a jury awarded a judgment in the amount of $83.3 million against Former President Donald Trump in damages for defamatory statements he made denying he sexually assaulted the writer E. Jean Carroll, handing down a stunning verdict after less than three hours of deliberation.

The jury awarded Carroll $18.3 million in compensatory damages, and $65 million in punitive damages. The compensatory amount included $11 million for repairing her reputation, and $7.3 million for emotional harm.

Carroll’s attorneys asked the jury to award $24 million in compensatory damages. The punitive amount, lawyer Roberta Kaplan said, should be enough to “make him stop” defaming her client.

After the verdict was read aloud in federal court in lower Manhattan, Carroll emerged from the courthouse smiling and flanked by her legal team. She declined to speak to a crush of cameras and reporters assembled outside, but issued a statement later, saying, “This is a great victory for every woman who stands up when she’s been knocked down, and a huge defeat for every bully who has tried to keep a woman down.”

https://www.cbsnews.com/news/trump-e-jean-carroll-trial-closing-arguments-courtro

$91 Million Bond Posted

On March 8, Attorneys for former President Donald Trump filed official notice of appeal of  the $83 million defamation verdict awarded to writer E. Jean Carroll  and  posted  a $91 million bond needed to keep her from collecting while the appeal plays out. The lawyers asked the judge in a court filing for an order approving the $91,630,000 bond and staying execution of Carroll’s judgment.

The terms of the bond  and how much money or collateral Trump put down  are unclear. The source of the bond is the Federal Insurance Company, a corporation authorized to transact business in New York. It is based in Chesapeake, Virginia and New Jersey and the company appears to be a subsidiary of Chubb Insurance Company. The document is signed by the former president.

The filing came as a surprise because Trump’s lawyers have repeatedly asked the judge for more time to post the bond and to reduce the amount. The bond was needed to prevent Carroll from moving to collect on the judgment during the pendency of the appeal, which could take months or even years. It’s greater than the amount of the actual verdict to account for New York’s 9% annual interest rate.

https://www.nbcnews.com/politics/donald-trump/trump-posts-91-million-bond-appeal-e-jean-carroll-case-rcna142462

TRIO OF COURT RULINGS 

On April 3 and 4,  three judges rejected attempts by  former President Trump to toss out or further delay his criminal cases, delivering a blow to the GOP frontrunner barreling closer toward his first criminal trial. Trump’s legal team has tried relentlessly to push off his four criminal indictments until after the 2024 presidential election or dismiss them altogether. Trump has had success in delaying his four criminal indictments, injecting uncertainty into his legal calendar, but the 3  rulings  allow his trial proceedings, at least for now, to continue.

On April 3,  the judge overseeing Trump’s 2016 hush money case denied a Hail Mary attempt to delay the start of his case, which is currently set to begin on April 15. Trump’s New York criminal case, which was originally set to begin on March 25, could be the only one to wrap up before November. Trump, who has denied wrongdoing across his indictments, had made more than half a dozen requests to postpone his New York trial’s start date and all have been denied.

On April 4, the Florida judge overseeing Trump’s classified documents case rejected his bid to throw out the case on grounds that he is immune from charges because of the Presidential Records Act.

On April 4,  the judge overseeing his Georgia 2020 election case also rejected a motion from the former president’s legal team to dismiss the case on First Amendment claims.

 COMMENTARY AND ANALYSIS

As it stand now, the 4 criminal cases will proceed through to the Republican nominating convention with an overlap of legal and political calendars with no precedent in American politics.  Even if he were to be convicted in the federal criminal cases, which are the strongest cases, top Republican party leaders and many Republican voters have indicated they will stand by Trump. Trump and his allies have always pushed  to dismiss and delay the trials and have worked with state parties to craft rules favorable to him.

With all of Trump’s legal problems and the 4 criminal cases looming large, the most baffling question is whether any conviction will make any difference, especially to Republicans?  Trump himself has said that even if convicted, he intends to press on with his campaign. If in fact convicted of any of the charges and elected, the country will be dealing with the first sitting President of the United States who be sitting behind bars in either a state or federal prison.

On Friday January 19, it was reported that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and the law office of prominent DWI criminal defense attorney Thomas Clear, III.  All 6 are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. DA Sam Bregman ordered the dismissed 196 DWI cases because of the scandal due to the main witnesses’ credibility being called into question which in all the cases are APD officers.  The Albuquerque Police Department has opened its own Internal Affairs investigation of the 5 officers.

The 5 cops implicated have been identified as Officers Honorio Alba, Joshua Montaño, Nelson Ortiz, Harvey Johnson and Lt. Justin Hunt and all were placed on paid administrative leave pending an APD Internal Affairs investigation of the scandal.  The FBI searched the homes of Alba and Johnson and the law offices of Thomas Clear III and the home of Clear’s paralegal Ricardo “Rick” Mendez.

The US Department of Justice and US Attorney’s office have confirmed the APD police officers and the criminal defense attorney are at the center of a federal investigation involving the dismissal of hundreds of pending DWI criminal cases by the APD Officers ostensibly for some sort of remuneration to have the cases dismissed.

RESIGNATIONS ANNOUNCED

All 5 APD Police officers implicated in the scandal have now resigned during the Internal Affairs investigation. The names and dates of the first 4 resignations are:

On Feb. 7, 2024 Justin Hunt, who started at APD in 2000, resigned.

on Feb. 29, 2024, Honorio Alba, who started at APD in 2014, resigned

On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned

On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned.

When the resignations of all 4 of officers occurred, they were simply announced by APD spokesperson Gilbert Gallegos. The contents of the resignations were never made public.

5^TH APD OFFICER RESIGNS RELEASING LETTER OF RESIGNATION

On March 20, it was announced that Joshua Montaño, the most high profile of the 5 police officers implicated in the scandal has resigned. Montaño is and 18-year veteran of the department having joined APD in January 2005 and has served on the DWI unit since 2015. Montaño quit days after being asked to give a statement and be interviewed Internal Affairs for the investigation triggered by allegations of corruption within the DWI unit in the past decade.

The letter of resignation was sent to Police Reform Superintendent Eric Garcia on March 20.  Montaño’s resignation letter is the only one that has been shared by APD to the news media. Montaño resignation is decidedly different from the resignations of the other 4 in that he wrote the letter of resignation and it was then released to the press. Montaño and his defense attorney in the Internal Affairs Investigation then gave interviews. You can read the full resignation letter in the post script to this blog article.

In the first segment of his resignation letter, Montaño gets very emotional and talks about how he “fell in love” with APD, risked his life “on numerous occasions” and did “great and amazing things” for his community as an officer.  Montaño wrote he was “all but abandoned” by APD after he was seriously injured in a crash with a drunken driver in 2022. He wrote that he then found “comfort and support” from his fellow officers in APD’s DWI Unit. Montaño wrote “They were my family because they cared for me when others didn’t and they supported me when others wouldn’t. … However, that support came with a high price and on January 18, 2024, I found out what the cost of that support really meant.” January 18, 2024 was when the FBI raided the homes of the 3 police officers.

The most damning portions of Montaño’s  resignation letter are as follows:

“When I was put on administrative leave, I thought there would be an opportunity for me to talk to the department about what I knew regarding the FBI’s investigation. I thought there would be a time where I could disclose what I knew from within APD and how the issues I let myself get caught up in within the DWI Unit were generational. I thought there would be a time where I could talk about all the other people who should be on administrative leave as well, but aren’t.

That opportunity was denied to me though. As I know my lawyer has explained in all his letters to the City, in order for me to talk to the City about what I knew, I needed to not be the City’s scapegoat for its own failures. Instead, Chief Medina has made it seem like there are just a few bad officers acting on their own. This is far from the truth. None of allegations against myself or others in the DWI Unit happened without supervisory knowledge. And they didn’t just happen over a few years ago. From my time as a P2/C, officers all know that our attendance, or non-attendance, at Courtis watched over and monitored.

I take responsibility for my actions. However, APD’s investigations of me have been unfair, and because of Chief Medina’s public statements, the outcome of these investigations is already set. Therefore, I have no choice but to hereby resign from my position with APD. As I mentioned at the beginning of this letter, I fell in love with this department nearly19 years ago and this is such a difficult moment for me. I do not waive any of my earned and accrued sick, vacation, or comp time and respectfully request that I be out-processed as any other employee would be upon resigning from the department.”

APD Spokesman Gilbert Gallegos reported that Montaño was given 4 opportunities to be interviewed in scheduled interviews with Internal Affairs investigators. He said Montaño missed every interview, and then resigned.  Grover, Montaño’s attorney, said despite the four requests for an IA interview, his client refused to be interviewed “under the conditions they presented.”

In response to the resignation letter, APD issued the following statement:

“Our administrative investigation remains ongoing and focuses on anyone, including officers who are now retired, who may have been involved in the alleged scheme.”

MONTAÑO’S DEFENSE ATTORNEY IN INTERNAL AFFAIRS INVESTIGATION OFFERS EXPLANTION

Private Attorney Thomas Grover, who is a retired former APD Officer, is representing Joshua Montaño in his defense in the Internal Affairs  Investigation and has not said if he is representing him in the Federal criminal investigation.  In an interview with the Albuquerque Journal  done after the release of his clients letter of resignation, Grover had this to say:

[The resignation letter shows the conduct] didn’t happen within a cell or a silo. … [My client’s decision not to give a statement to Internal Affairs when requested was]… absolutely not … [an admission of wrongdoing].  … My advice, my counsel, was, ‘You can’t give a statement. It’s patently unfair and inappropriate.’ … [APD’s Internal Affairs  inquiry was] inept because there was so much sloppiness in how they …  were issuing target letters. … Because of various defects in the city’s investigation, he was left with no choice but to resign. … Nothing that I’m saying discounts the expectations that the public has of police officers, but there’s even greater expectations of the agencies and departments that lead those officers to do proper and effective Internal Affairs investigations.”

Grover noted the public statements made by Chief Medina and Mayor Tim Keller after the sandal broke.  Both released statements in January when the story first broke. Mayor Keller for his part said this:

“This investigation involves a handful of long-time officers at APD, going back a decade; if true, what these individuals did is a disgrace to the badge, and erodes faith in law enforcement. APD leadership fully supports this investigation and continues to work with our partners to serve justice. Any individuals who engaged in this conduct will never work for the City again, and should be held accountable to full extent of the law. The department’s willingness to drive accountability, especially on its own, reflects how far we have come.”

Grover told the Albuquerque Journal:

“Here the city and APD’s command staff failed my client and, frankly, the citizens, with an investigation that was … irresponsible because of the public statements by Medina and Keller that essentially made these ‘investigations’ a sham with preconceived conclusions.”

APD spokesman Gilbert Gallegos responded to Grover’s comments  saying this:

“If the investigation was flawed, why did five officers resign?”

APD Spokesman Gallegos said the department is looking at others in its internal probe of DWI corruption allegations, including retired officers.

Links to quoted news sources are here

https://www.koat.com/article/fifth-albuquerque-officer-resigns-investigation/60270854

https://www.krqe.com/news/albuquerque-metro/fifth-apd-officer-resigns-amid-investigation-into-dwi-unit/

https://www.kob.com/new-mexico/fifth-apd-officer-resigns-amid-investigation-into-dwi-unit/

https://www.abqjournal.com/news/fifth-albuquerque-police-officer-submits-resignation-letter-amid-dwi-inquiry/article_9927b9c8-e7bc-11ee-a005-9b720a42d9f3.html

MONTAÑO CAUGHT ON TAPE MAKING HIDEOUS SHAKEDOWN

On February 22, it was widely reported that APD lapel camera video as well as a recording by a victimized citizen gave insight to some extent into just how the APD DWI dismissal and bribery scheme worked with the defense attorney.  The lapel camera video and private citizen recording involved APD Joshua Montaño and combined give insights in a hideous shake down of an innocent citizen by APD Police Officer Joshua Montaño .

On June 25, 2023 Officer Joshua Montaño stopped Carlos Sandoval Smith on suspicion of drunk driving and Sandoval Smith had his niece in the vehicle with him. Officer Montaño has Sandoval Smith do a field sobriety test and he makes the decision to make an arrest and takes him to be booked. Montaño takes Sandoval Smith’s Apple watch and gold rope bracelet while booking Sandoval Smith.  Two breath analyzer tests were administered to Sandoval Smith and he was found below the legal limit for DWI but Sandoval Smith was still charged with DWI by Montaño and then released.

The next day,  Officer Montaño  calls Sandoval Smith to tell him his jewelry was not tagged into evidence and misplaced but he could get back his personal belongings from an attorney friend of Montaño’s who was identified as DWI Defense Attorney Tom Clear. Smith goes to the law offices of Clear where he meets paralegal Rick Mendez.  Suspicious, Smith goes to the law offices with a hidden recorder. Rick Mendez returns the personal items to Sandoval Smith and tells him that he has a guarantee way to avoid a DWI conviction and that is to hire Tom Clear for $8,500. The arrangement was to be that Officer Montaño would not appear for court and the case would be dismissed.  Sandoval Smith did not take the offer and he hired a public defender and the case was dismissed.

TAPED RECORDING INTEREACTIONS

A 71-minute video from Montaño’s lapel camera shows Sandoval-Smith being pulled over, taking field sobriety tests on the street and being prepared for booking at a Downtown prisoner transport facility. Following is the narrative:

APD Officer Joshua Montaño’s lapel video shows that on June 25, 2023, the 42-year-old Carlos Sandoval Smith was stopped near I-25 and Central. The conversation between Albuquerque Police DWI Officer Joshua Montaño and Sandova Smith on the lapel camera is as follows:

Officer Montaño: “I’m Officer Montaño with APD, I stopped you for speeding.”

Smith replied: “Yes sir.”

Officer Montaño: “Carlos, why you going so fast, man?”

Smith: “I apologize, I was just trying to get over in the lane and get on the freeway. My bad.”

Officer Montaño examined Sandoval Smith’s eyes to see if they were blood shot and ran Sandoval Smith through a series of field sobriety tests. “I’m nervous,” Smith admitted, adding he was concerned about his 16-year-old cousin who was watching from the car.  “I don’t wanna leave my cousin,” Smith said. “I gotta be a good example. I shouldn’t have sped, I’m sorry sir.” Officer Montaño replied “Well let’s just see how you do, okay?” .

Smith cooperates with the eye examination, walks in a straight line, and mentions problems with his knee when asked to balance on one leg. Smith asks  “This is the bad knee, so can I do this leg instead?”  Officer Montaño replied. “Any leg you’d like.”  Smith then counts backward and successfully recites a portion of the alphabet. After the field tests Officer Montaño tells Smith  “I do have to give you the opportunity to do a breath test.” At this  point, Sandoval Smith is placed in handcuffs and driven to the Prisoner Transport Center downtown. Sandoval Smith had to leave his 16 old cousin alone  to wait for a ride.

At the Prisoner Transport Center,  Sandoval Smith willingly took two breathalyzer tests. After blowing below the legal limit of .08 twice, Smith was still arrested and booked into jail for DWI.  During the breathalyzer tests, Officer Montaño removed his lapel camera and placed it at a distance while he interacted  with Sandoval Smith.

Montaño tells Sandoval Smith “I’m gonna take off your i-watch – your Apple watch.”  The Video shows Officer Montaño taking off Smith’s Apple watch and gold braid bracelet.   The fact that Montaño took off his APD  lapel camera to interact with Carlos Sandoval Smith while he was effectuating the arrest was improper and it violated APD’s standard operating procedures.

The next day DWI Officer Joshua Montaño called Sandoval Smith and left  a voice message.  The  phone message was:

“Hey Carlos, this is Officer Montaño with APD. I was just giving you a call because I – I don’t know if you realize, but I’m sure you do that – some of your jewelry was missing from the property from Sunday evening. And it looks like the PTC officers didn’t put that in your bag, but I have it.”

In a follow-up phone call, Smith says Officer Montaño told him he could get his watch and gold bracelet back from his attorney friend  DWI Defense Attorney Thomas Clear and he was given Clear’s address.

Becoming suspicious, Sandoval Smith contacted Clear’s office and made arrangements to pick up his property but also decided to record the interaction. Smith recorded his interaction with Clear’s Paralegal Ricardo ‘Rick’ Mendez  the day he retrieved his bracelet.  Below is a transcript of a portion of Smith’s interaction with who he says is Rick Mendez:

Smith: How are you sir?
Paralegal: You Carlos?
Smith: Yes I am, sir.

Smith: What is my next best step to try and not get this on my record, what do you recommend I do?

Paralegal: If you need to get off of this –
Smith: I do.

Paralegal: Okay. You’re at the right place. If you’re one of those people that can live with it, then go hire a cheap attorney. … We’re not the cheapest.

Smith: Okay.
Paralegal: So we charge $8,500 and you could do it in payments.
Smith: And with you representing me, that would guarantee that this doesn’t go on my record?

Paralegal: Yes.
Smith: Okay. And the odds of me not going with you and going with a public defender, what do you think about that?
Paralegal: Roll of the dice.

Links to quoted news sources are here:

https://www.krqe.com/news/investigations/recording-albuquerque-dwi-suspect-says-he-was-offered-a-guarantee-for-8500/

https://www.kob.com/new-mexico/dwi-suspects-recording-sheds-light-on-alleged-scheme-involving-apd-officers-and-attorney/

https://www.abqjournal.com/news/man-details-encounters-with-officer-and-law-firm-implicated-in-dwi-corruption-probe/article_2e279c08-d1c6-11ee-9c14-3b1fc8bfc956.html

Throughout his entire interaction with Officer Montaño, Carlos Sandoval Smith was honest, very polite, very cooperative and even apologetic, he did everything he was told to do and answered all questions.  Ultimately, he participated in two field sobriety tests that he passed but he was still charged and booked.  To add to his victimization, and attempt was made to shake him down even further for $8,500.

What is so very disgusting is that this  entire interaction between Carlos Sandoval Smith and APD Police Officer Joshua Montaño amounts to nothing more than a hideous “shake down” of an innocent man by a sworn APD Police Officer who violated his oath of office to protect and defend.  It was nothing more than a complete abuse of power by law enforcement to effectuate a crime and to victimize an innocent man.

All people should feel safe when they deal with police, even if they are being pulled over for a traffic stop. No one should ever be subject of extortion nor intimidation by law enforcement or for that matter lawyers. There is no place in the criminal justice system for this type of corruption and behavior.

COMMENTARY AND ANALYSIS

The FBI investigation, which involves the U.S. Department of Justice, has yet to result in any criminal charges nor indictment. What agents found and their rationale for the searches remain under seal. It is likely the FBI and the United States Attorneys Office will view Joshua Montaño’s letter of resignation as an admission against interest or  an admission of guilt by former Police Officer Joshua Montaño. Now that the letter has been made public, there is little doubt  federal authorities will likely use it as leverage against Montaño to secure his complete cooperation against the others implicated in the scandal.

Do not be surprised if the Feds offer Joshua Montaño immunity from prosecutions in exchange for whatever information he has, especially on Chief Harold Medina and his upper command staff. Least anyone has forgotten, Chief Medina was the Deputy Chief of Field Services under Chief Geier and as such had direct supervisory control over the DWI unit and could have easily have know what was going on and gave his blessings on cops not showing up for court hearings.

Montaño’s letter of resignation is astonishing, damning and sweeping in its scope on a number of levels that the federal authorities will demanding explanations and elaboration from Montaño:

• Montaño proclaims he let himself  “get caught up in the actions  within the DWI Unit  that were generational”  and  claims he is being made a scapegoat for the city’s failures. Montano worked in the DWI Unit for 10 years and likely can name names of supervisors involved with any cover up.
• Montaño alleges in his resignation letter that APD’s leadership knew about the misconduct within the DWI unit but does not say how and for how long. He says “Chief Medina has made it seem like there are just a few bad officers acting on their own. This is far from the truth. None of [the] allegations against myself or others in the DWI Unit happened without supervisory knowledge. And they didn’t just happen over a few years ago.”
• Montaño says he wanted to talk about all the “other people who should be on administrative leave as well, but aren’t” yet does not identify who they are in his letter. He asserts none of allegations against himself or others in the DWI Unit happened without supervisory knowledge.  He claims during the time he has been a DWI Officer all officers conduct was watched over and monitored.
• Montaño says he was denied the opportunity to talk about the events, yet he himself declined to be interviewed at least 4 times proclaiming it was not a fair process.
• Montaño proclaims APD’s investigations of himself have been unfair, and because of Chief Medina’s public statements, the outcome of these investigations is already set.
• Montaño alleges other, unidentified APD personnel were involved going so far as saying “None of (the) allegations against myself or others in the DWI Unit happened without supervisory knowledge. And they didn’t just happen over a few years ago.”

Although in the last paragraph Montaño writes “I take responsibility for my actions” and said it was “such a difficult moment for me” he offers absolutely no apology to the citizens of Albuquerque in general for what he and the other officers did by taking  bribes to get DWI cases dropped and no apology to the citizens, such as Carlos Sandoval Smith, he shook down in the scheme.

It is not until the final sentence of Officer Joshua Montaño’s resignation letter that his  real motives for it are fully revealed. He writes that he did not waive his employee benefits, listing out “earned and accrued sick, vacation, or comp time and respectfully request that I be out-processed as any other employee would be upon resigning from the department.”  Under the city’s personnel rules and regulations as well as the APD police union contract earned and accrued sick, vacation, or comp time can be accumulated and become vested property rights upon being earned.

It very common for retiring police officers to have anywhere between a full one year to two years of earned and accrued sick, vacation, or comp time that must be paid in full in payments or in a single lump sum which can be in the hundreds of thousands of dollars.

The argument that Mayor Tim Keller’s and Chief’s Medina’s statements about the officers when the scandal broke some how “taints” the investigation and makes the “investigations” a sham with preconceived conclusions can only be considered defense  posturing to lay or shift  blame elsewhere for the criminal conduct and the accusation should not be taken all seriously by the public. Under the city personnel rules and regulations and the union contract especially, police officers personnel rights and appellate remedies are highly protected and vested. No APD Chief and no Mayor can order nor dictate the findings nor outcome of any Internal Affairs Investigations for misconduct without violating the law and being accused of obstruction of justice. 

IMPACT ON MAYOR TIM KELLER

Mayor Tim Keller has already indicated he is running for a third term in 2025. Mayor Keller and Chief Medina have made more than a few stunning admissions throughout this sordid APD corruption scandal and they seem joined at the hip. They admit that the APD bribery and conspiracy scheme went on the entire 6 years they have been in charge of APD, but they never detected what was going on.

Both admitted that only after they found out the FBI was investigating APD, the decision was made to initiate a city criminal and internal affairs investigation and to proclaim cooperation with the FBI. Medina admitted that he knew about the corruption as far back as December 2022 when APD first got a complaint related to the department’s DWI unit in December 2022, yet he waited and essentially did nothing for a full year.

Keller’s admissions come from a person who was first elected as the white knight state auditor who stopped “waste, fraud and abuse” and held people accountable for government corruption. Medina’s admissions come from a chief who claims he has never looked the other way at police corruption. Both have looked the other way on documented corruption involving overtime pay abuses by police officers. There have been seven audits in eight years documenting the corruption, waste, fraud and abuse in police overtime.

BASTION OF “DIRTY AND CORRUPT COPS”

There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD will likely be viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and to the department’s professed values of “Pride, Integrity, Fairness and Respect”.  This is so even before any charges have been filed against anyone, before any one is fired from APD and before any action is brought against the police officers involved for government corruption and criminal conspiracy to dismiss cases working with a prominent criminal defense attorney.  Should the criminal defense attorney be charged and convicted of the crimes, he is likely facing jail time as well as disbarment from the practice of law.

There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system. The only way that any semblance of faith can be restored and for people to begin trusting APD again is if all the police officers involved in this scandal are held accountable, the lawyers involved are held accountable.  That will only happen  when there is aggressive prosecutions and convictions, the police officers are terminated and they lose their law enforcement certification and disbarment occurs with the attorney.

Ultimately, it is Mayor Tim Keller and Chief Harold Medina who need to be held accountable with what has happened. Mayor Tim Keller and Chief Harold Medina must ultimately be held accountable and take full responsibility for failed leadership of APD and this most recent  APD scandal.  Mayor Tim Keller and Chief Harold Medina instead have been in full fledge “politcal spin cycle” of “pivot, deflect and blame” since the news broke and since the Albuquerque City Council accused them of failed leadership in dealing with the scandal as they attempt to get ahead of this most recent scandal involving APD.  They both have attempted to take credit for the investigation and for taking action to hold bad cops accountable for the corruption when it was in fact the federal investigation that forced their hand and after they both allowed the problem to fester for 6 years.

______________________________________________________________________ 

POSTCRIPT

Below is the full, unedited March 20 resignation letter submitted by

March 20, 2024

From: Joshua Montano

To: Eric Garcia, Police Reform Superintendent

RE:  PDH Written Statement for March 4, 2024, PDH Letter

Dear Mr. Garcia:

Please accept this letter as my written statement to provide information as requested in your March 4, 2024, Pre-Determination Hearing Notice.

I have served the citizens of the City of Albuquerque beginning in 2005 as a Police Service Aide. I became an APD officer in 2007. I fell in love with this department at the young age of 18. It was the best and most accomplishing thing I had done in my life. There aren’t enough words to describe all of the great and amazing things I have been able to provide to the citizens of this city over the course of my career. During my time as an Officer, I have risked my life on numerous occasions for the safety of others, just like all of the great officers on this department. In 2022 I was nearly killed when I was struck and severely injured by a reckless driver who was impaired by alcohol. It was one of the most difficult challenges of my life and career. All glory to God that I recovered from my injuries and was cleared to come back to work. Yet, I know nothing other than law enforcement and love being a police officer. As you know from your time with APD, police officers get to see the worst of people day after day but every now and then, we get to the see the best of people as well and that makes it easy to gear up and report to work each day.

Unfortunately, following that collision while I was injured and suffering not just from physical pain and anguish, I found myself all but abandoned by the department. I say “all but” because I did find comfort and support from my colleagues in APD’s DWI Unit. They were my family because they cared for me when others didn’t and they supported me when others wouldn’t. However, that support came with a high price and on January 18, 2024, I found out what the cost of that support really meant.

When I was put on administrative leave, I thought there would be an opportunity for me to talk to the department about what I knew regarding the FBI’s investigation. I thought there would be a time where I could disclose what I knew from within APD and how the issues I let myself get caught up in within the DWI Unit were generational. I thought there would be a time where I could talk about all the other people who should be on administrative leave as well, but aren’t.

That opportunity was denied to me though. As I know my lawyer has explained in all his letters to the City, in order for me to talk to the City about what I knew, I needed to not be the City’s scapegoat for its own failures. Instead, Chief Medina has made it seem like there are just a few bad officers acting on their own. This is far from the truth. None of allegations against myself or others in the DWI Unit happened without supervisory knowledge. And they didn’t just happen over a few years ago. From my time as a P2/C, officers all know that our attendance, or non-attendance, at Court is watched over and monitored.

I take responsibility for my actions. However, APD’s investigations of me have been unfair, and because of Chief Medina’s public statements, the outcome of these investigations is already set. Therefore, I have no choice but to hereby resign from my position with APD. As I mentioned at the beginning of this letter, I fell in love with this department nearly19 years ago and this is such a difficult moment for me. I do not waive any of my earned and accrued sick, vacation, or comp time and respectfully request that I be out-processed as any other employee would be upon resigning from the department. Respectfully,

Joshua Montano, Officer

www.PeteDinelli.com will be on Spring Break until March 24. Please feel free to use the search engine block on the above right hand to search for past articles published on topics of interest or published over the last 6 years. Just type in a topic (ie: homeless, DOJ Fed. Monitors Reports, NM legislature, City Council etc. or names of elected officials) and blog articles written will appear.

Below is a list of more recent blog articles you might find interesting published since January 1, 2024 (NOTE; The list does NOT include 2024 NM legislative updates published):  

Injuries Inflicted To Mustang Driver By APD Chief Medina In February 17 Car Crash Revealed; Medina Admits Liability; Reckless Driving Law, Body Camera Law and SOP’s Violated By Medina; Chief Medina Should Be Charged With Reckless Driving And Terminated For Cause For Violating APD Standard Operating Procedures

Injuries Inflicted To Mustang Driver By APD Chief Medina In February 17 Car Crash Revealed; Medina Admits Liability; Reckless Driving Law, Body Camera Law and SOP’s Violated By Medina; Chief Medina Should Be Charged With Reckless Driving And Terminated For Cause For Violating APD Standard Operating Procedures

Albuquerque Journal Pete Dinelli Guest Opinion Column “Chief Medina Should Be Fired And Prosecuted In Connection to Crash”

https://www.petedinelli.com/2024/03/08/albuquerque-journal-pete-dinelli-guest-opinion-column-chief-medina-should-be-fired-and-prosecuted-in-connection-to-crash/

US Supreme Court To Hear Trump’s Claims Of Immunity from Criminal Prosecution; Republican US Supreme Court Trump Disciples Hand Trump “Gift Of Delay”

https://www.petedinelli.com/2024/03/07/us-supreme-court-to-hear-trumps-claims-of-immunity-from-criminal-prosecution-republican-us-supreme-court-trump-disciples-hand-trump-gift-of-delay/

Trump Sweeps March 5 Super Tuesday Republican Primaries; Supreme Court Rules State’s Can Not Disqualify Trump From Ballot; Update On Trump’s Criminal Charges And Civil Cases; Criminal Convictions Will Likely Not Make Any Difference As Trump Becomes Presumptive Republican Nominee

https://www.petedinelli.com/2024/03/06/trump-sweeps-march-5-super-tuesday-republican-primaries-supreme-court-rules-states-can-not-disqualify-trump-from-ballot-update-on-trumps-criminal-charges-and-civil-cases-criminal/

Gov. MLG Signs 4 Public Safety Measures; Special Session Still Under Consideration; Convene Special Session To Enact “Omnibus Gun Control And Violent Crime Sentencing Act” And Expand Existing Mental Health Court Statewide

https://www.petedinelli.com/2024/03/05/gov-mlg-signs-4-public-safety-measures-special-session-still-under-consideration-convene-special-session-to-enact-omnibus-gun-control-and-violent-crime-sentencing-act-and-expand-e/

APD Releases 2023 Crime Statistics Reflecting 19% Decline In Homicides; Reflects National Trend Not Success Of Mayor Tim Keller’s Programs To Bring Down Crime

https://www.petedinelli.com/2024/03/04/apd-releases-2023-crime-statistics-reflecting-19-decline-in-homicides-reflects-national-trend-not-success-of-mayor-tim-kellers-programs-to-bring-down-crime/

Convening Special Session Of NM Legislator For Public Safety Must Include Expanding Existing Mental Health Court; Create New 14th Judicial District Court With 3 Regional Divisions For Mental Health Commitment Hearings; Build Regional Treatment Facilities And Hospitals For Mandatory Treatment Ordered

https://www.petedinelli.com/2024/02/29/convening-special-session-of-nm-legislator-for-public-safety-must-include-expanding-existing-mental-health-court-create-new-14th-judicial-district-court-with-3-regional-divisions-for-mental-hea/

Governor MLG Considers Calling Special Session To Deal With Public Safety Issues; It’s About Time!

https://www.petedinelli.com/2024/02/27/governor-mlg-considers-calling-special-session-to-deal-with-public-safety-issues-its-about-time/

Video Of DWI Arrest Reveals How DWI Dismissal Bribery Corruption Scheme Worked; Hideous Shake Down By One Of Albuquerque’s  Finest Caught On Tape; Fully Investigate, Prosecute And Disbarment Only Beginning To Restore Faith In APD And Criminal Justice System

https://www.petedinelli.com/2024/02/26/video-of-dwi-arrest-reveals-how-dwi-dismissal-bribery-corruption-scheme-worked-hideous-shake-down-by-one-of-albuquerques-finest-caught-on-tape-fully-investigate-prosecute-and-disbarment-onl/

Mayor Keller Proclaims Critically Injured Driver Involved In Chief’s Accident “Wrong Place At The Wrong Time”; APD Family Ride Policy Under Scrutiny After Chief Medina’s Weekend Crash; Both Keller And Medina Are Embarrassment With Their Words And Actions

https://www.petedinelli.com/2024/02/23/mayor-keller-proclaims-critically-injured-driver-involved-in-chiefs-accident-wrong-place-at-the-wrong-time-apd-family-ride-policy-under-scrutiny-after-chief-medina/

Released Video Of Chief Medina’s Car Crash Contradicts Medina’s Version Of Events; Medina And Keller Claim Medina Victim; APD Launches Internal Affairs Investigation And Motor Unit Investigation;  Place Medina On Administrative Leave And Request BCSO Or State Police To Investigate Incident

https://www.petedinelli.com/2024/02/22/released-video-of-chief-medinas-car-crash-contradicts-medinas-version-of-events-medina-and-keller-claim-medina-victim-apd-launches-internal-affairs-investigation-and-motor-unit-inv/

2024 NM Legislature Update: What Passed, What Signed, What Failed

https://www.petedinelli.com/2024/02/20/2024-nm-legislative-update-what-passed-what-signed-what-failed/

APD Chief Medina And Wife In Car Crash While Fleeing Gunfire In City Vehicle; Driver Of Other Car Sent to Hospital In Critical Condition; Chief Medina Likely Violated Numerous Standard Operating Procedures; Mayor Tim Keller Should Place Medina On Administrative Leave And Request BCSO Or State Police To Investigate Incident

APD Chief Medina And Wife In Car Crash While Fleeing Gunfire In City Vehicle; Driver Of Other Car Sent to Hospital In Critical Condition; Chief Medina Likely Violated Numerous Standard Operating Procedures; Mayor Tim Keller Should  Place Medina On Administrative Leave And Request BCSO Or State Police To Investigate Incident

2024 Legislative Update: 7 Day Firearm Sale Waiting Period Passes Both House and Senate And Heads To Governor For Signature To Become Law; Other Senate And House Legislative Action Noted; Time Is Running Out

2024 Legislative Update: 7 Day Firearm Sale Waiting Period Passes Both House and Senate And Heads To Governor For Signature To Become Law; Other Senate And House Legislative Action Noted; Time Is Running Out

DWI Defense Attorney Had 88% DWI Dismissal Rate Involving Officers Under Federal Investigation; 40 More Cases Dismissed Bringing Total To 195; APD Investigation Team Announced; Case Dismissal Time Line; APD Had No System To Track Cops Failure To Appear; Medina “Pivots, Deflects, Lays Blame, Takes Credit” And He Should Be Removed As Chief

https://www.petedinelli.com/2024/02/07/dwi-defense-attorney-had-88-dwi-dismissal-rate-involving-officers-under-federal-investigation-40-more-cases-dismissed-bringing-total-to-195-apd-investigation-team-announced-case-dismiss/

ABQ Journal Guest Opinion Columns: “Mayor Keller and Chief Medina Must Be Held Accountable For DWI Scandal”; “Lack Of Leadership Has Ruined Moral Within APD”; Will City Council Vote No Confidence In Medina?; Keller Should Terminate And Replace APD Chief Harold Medina

https://www.petedinelli.com/2024/02/05/abq-journal-guest-opinion-columns-mayor-keller-and-chief-medina-must-be-held-accountable-for-dwi-scandal-lack-of-leadership-has-ruined-moral-within-apd-will-city/

City Council, Public Defender and County Sherriff John Allen Push Back At Chief Medina And Mayor Keller Over Who Responsible For APD Police DWI Bribery Scandal; “Pivot, Deflect And Blame” Is Name Of Game For Keller And Medina; Time  For Mayor Keller To Invite Chief Medina To A “Geier Walk In The Park”

https://www.petedinelli.com/2024/01/29/city-council-public-defender-and-county-sherriff-john-allen-push-back-at-chief-medina-and-mayor-keller-over-who-responsible-for-apd-police-dwi-bribery-scandal-pivot-deflect-and-blame/

“Dynamic Duo Of Police Reform” Mayor Tim Keller and Chief Harold Medina “Decry APD Corruption” They Allowed To Fester; Both Enter “Spin Cycle” Saying They Are Washing Stain Of Corruption Out Of APD; Both Break Silence  And Pivot, Deflect And Refuse To Admit Management Failures In APD DWI Bribery Scandal; Accuse City Council Of Unethical Conduct

https://www.petedinelli.com/2024/01/24/dynamic-duo-of-police-reform-mayor-tim-keller-and-chief-harold-medina-decry-apd-corruption-they-allowed-to-fester-both-enter-spin-cycle-saying-they/

ABQ City Councilors React To APD Bribery Scandal By Complaining Mayor Tim Keller Did Not Communicate With Them; Alarming Disclosure Made That Scandal Problem Goes Back A Decade; Council Fails Leadership Role To Make Demands To Address Scandal Itself; The DWI Unit Should Be Dismantled And Reconstituted With All New Staffing To Restore Credibility  

https://www.petedinelli.com/2024/01/23/abq-city-councilors-react-to-apd-bribery-scandal-by-complaining-mayor-tim-keller-did-not-communicate-with-them-alarming-disclosure-made-that-problem-goes-back-a-decade-council-fails-lead/

FBI Agents Raid The Homes of 3 APD Police Officers, 1 Criminal Defense Attorney Ostensibly Over Scheme To Dismiss DWI Cases; DA Forced To Dismiss 152 DWI Cases; Mayor Keller Should Dismantle And Reconstitute Entire DWI Unit;  Scandal Discredits APD’s Professed Values of “Pride, Integrity, Fairness And Respect”

https://www.petedinelli.com/2024/01/22/fbi-agents-raid-the-homes-of-3-apd-police-officers-1-criminal-defense-attorney-ostensibly-over-scheme-to-dismiss-dwi-cases-da-forced-to-dismiss-152-dwi-cases-mayor-keller-should-dismantle-and-recon/

Murders In City Down By 20%; First Decline After 5 Full Years Of Historical Highs; Clearance Rates Up After Historical Lows; Old Fashion Police Work Brought Homicides Down, Not Keller’s “Show And Tell” Programs Of “Trying To Get People Not To Shoot Each Other”; Juveniles Involvement Concerns APD And District Attorney

https://www.petedinelli.com/2024/01/19/murders-in-city-down-by-20-first-decline-after-5-full-years-of-historical-highs-clearance-rates-up-after-historical-lows-old-fashion-police-work-brought-homicides-down-not-kellers/

Despite Democrats Holding 5-4 City Council Majority, Conservative Republican City Councilors Dan Lewis and Renee Grout Elected President and Vice President Of City Council; Progressive Democrat Mayor Tim Keller Now Faced With New Conservative Majority; “Rubber Stamp Trio” Of  Progressive Democrats Joaquin Baca,  Nichole Rogers, Tammy Fiebelkorn Will Likely  Be Marginalized By Conservative Majority

https://www.petedinelli.com/2024/01/09/despite-democrats-holding-5-4-city-council-majority-conservative-republican-city-councilors-dan-lewis-and-renee-grout-elected-president-and-vice-president-of-city-council-progressive-democrat/

APD Praised In Status Hearing Over Reform Efforts; APD Reports Use Of Force Cases Are Down; Reflection The DOJ Reforms Are Working; Full Compliance Of Court Approved Settlement Expected By 2026; City Should Move To Dismiss Case Sooner Rather Than Later

https://www.petedinelli.com/2024/01/08/apd-praised-in-status-hearing-over-reform-efforts-apd-reports-use-of-force-cases-are-down-reflection-the-doj-reforms-are-working-full-compliance-of-court-approved-settlement-expected-by-2026-city/

APD Takes Over Police Use Of Force Cases From External Force Investigations Team; Sharp Turn Around From When DOJ Threatened To Seek Contempt Of Court For APD’s Willful Failure To Investigate 667 Use Of Force Cases; Case Backlog Down To 197 Cases; City Should Move To Dismiss Case Because Of 94% Or Better In Compliance Levels

APD Takes Over Police Use Of Force Cases From External Force Investigations Team; Sharp Turn Around From When DOJ Threatened To Seek Contempt Of Court For APD’s Willful Failure To Investigate 667 Use Of Force Cases; Case Backlog Down To 197 Cases; City Should Move To Dismiss Case Because Of 94% Or Better In Compliance Levels