Increase Reported In Enforcement Of NM “Red Flag” Law Allowing Firearms To Be Confiscated From Those Deemed Dangerous To Self And Others; Given Extent Of Gun Violence In New Mexico, 118 Petitions Filed Over 5 Years Not Much To Brag About; Law Enforcement Need To File More

Posted on August 29, 2024 by

On February 25, 2020 Governor Michelle Lujan Grisham signed into law the “Extreme Risk Firearm Protection Order Act” also known as a “red-flag” gun bill that allows firearms to be temporarily taken away from those deemed dangerous to themselves or others. In August 2022, Governor Michelle Lujan Grisham ordered the creation of a task force to educate law enforcement officers about the “red flag gun law” and to increase public awareness of it after it was revealed that law enforcement was essentially ignoring the law.

On August 13, 2024 it was reported to the influential 32 member Courts, Corrections and Justice Interim Committee by a law enforcement task force on the “red flag law” that the use of New Mexico’s “red flag” gun law has increased dramatically since its enactment in 2020. Use of the law has steadily increased over the last two years, as law enforcement officers have received training and grown more familiar with how it works.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from a mere 3 petition filings in 2021 to 46 petition filings in 2023. Following are the statistics reported to the committee on the filing of the firearms petitions during the last 5 years:

2020: 4
2021: 3
2022: 14
2023: 46
2024: 51

Albuquerque based Second Judicial District Judge Jane Levy told the committee that of the roughly 120 petitions filed statewide since the law took effect, about 95% have been granted by a District Court Judge. In most of the cases Judge Levy has handled, defendants were in agreement with the need for a firearm protection order.

More than half of the firearm petitions have been filed in Bernalillo County. The reason for that is that the Albuquerque Police Department has a crisis intervention unit that uses the law as a tool for removing guns from individuals with mental health issues who have made violent threats.

LAW ENFORCEMENT DESCRIBES USE OF RED FLAG LAW

APD Detective Jeff Jones and other APD officers described to the committee how they have used the law.

APD Detective Coty Maxwell cited an investigation into a man who threatened to kill his neighbors and himself with a gun. Detective Maxwell told the committee this:

“During my investigation, I found this person had access to 13 firearms, including 11 high-powered rifles and two handguns … [and he] had previously refused treatment for mental health issues.”

Maxwell said the defendant eventually agreed to surrender his firearms after acknowledging his mental health struggles.

In another case, APD officers successfully used the law after a student at an Albuquerque school threatened another student and posted photos on social media of himself with a semi-automatic handgun.

APD Detective Jeff Jones told the legislative Courts, Corrections and Justice Committee this:

“I think it’s saved some lives and given some hope for families.”

CHANGES BEING PROPOSED

Since the red flag gun law took effect, several changes to it have been proposed as a way to make the law less cumbersome. Notwithstanding those changes failing to win legislative approval, more revisions are being proposed for next year’s 60-day legislative session that begins on January 21, 2025.

State Police Deputy Chief Carolyn Huynh heads the task force created to educate law enforcement and the public on the red flag law. The task force includes a combination of law enforcement officials and behavioral health care experts.

The task force identified several possible changes to the red flag law. Those proposals include allowing law enforcement officers to directly initiate a court petition, instead of waiting for someone else to contact them, and requiring firearms to be relinquished immediately upon a judge’s order, instead of within 48 hours.

New Mexico had the nation’s third-highest gun death rate as of 2021, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period. However, preliminary data from the state’s Office of the Medical Investigator shows gun-related homicides and suicides were down last year compared to the previous year.

https://www.abqjournal.com/news/new-mexicos-red-flag-gun-law-being-utilized-more-but-could-be-retooled/article_6e3ae17a-5a6e-11ef-bb18-93c65e9a81a6.html

Increase in red flag gun law petitions filed in New Mexico (koat.com)

https://www.koat.com/article/red-flag-gun-law-new-mexico/61891358#:~:text=New%20Mexico%20Attorney%20General%20Ra%C3%BAl,%2C%20Nov.%208%2C%202023.

RED FLAG LAWS EXPLAINED

A “red flag law” is a gun control law that permits police, family members or third parties to petition a state court to order the temporary removal of firearms from a gun owner or a person in possession of a gun who may present a danger to themselves or others. The action is civil in nature and it is not a criminal action nor a civil commitment proceeding to determine mental competency. Red flag law court orders are also referred to as Extreme Risk Protection Orders (ERPOs). Red Flag laws as well as Universal Background Checks and closing the “gun show loophole” have become popular gun policy proposals raised in the aftermath of mass shootings like those in Sandy Hook, Parkland, El Paso and Dayton.

Usually under “red flag laws”, if a judge after an evidentiary hearing find that person is dangerous to himself or others, that person must surrender all firearms within their possession or control to the police for a specified period of time. During that period of time, the person is also not allowed to buy or sell guns. Further, it is a temporary order, very much like a temporary restraining order, it does not permanently keep guns away from individuals who might cause significant risk. Such court orders are only as good as the enforcement behind it by law enforcement.

The biggest criticisms against “red flag” laws are that they violate a person’s US Constitution Second amendment rights to bear arms. Another major criticism is that a person’s constitutional right of due process of law is violated when a court can issue a temporary “ex parte” order to seize guns from people without an evidentiary hearing and without any notice. (NOTE: An “ex parte” order is a court order granted against a person not present at the hearing and at the request of and for the benefit of another party.)

https://gunsandamerica.org/story/19/08/05/what-is-a-red-flag-law/

CONTROVERSIAL START

On February 25, 2020 Governor Michelle Lujan Grisham signed into law the “Extreme Risk Firearm Protection Order Act” also known as a “red-flag” gun bill that allows firearms to be temporarily taken away from those deemed dangerous to themselves or others. New Mexico’s “red flag law” allows for court-ordered seizure of guns from individuals deemed an imminent danger to themselves or others.

Law enforcement officers, acting on information provided by a relative, school administrator or employer, can exclusively seek a court order prohibiting someone from having firearms. The petition must be based on “probable cause” to believe the individual “poses a significant danger of causing imminent personal injury to self or others.” If granted, a court can order the temporary seizure of firearms for up to 10 days and until a hearing can be held. After a hearing, the order could be extended one year. It’s “due process of law.”

An “extreme risk order” is an extension of the 2019 New Mexico legislative law prohibiting gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act where domestic abusers must surrender their firearms to law enforcement. Gun possession prohibition also applies to people convicted of other crimes. Currently, 21 states and the District of Columbia have red flag laws on their books.

The New Mexico suicide rate is 21.9 deaths per 100,000 people, which is more than 50% higher than the national average. Ten counties in New Mexico have suicide rates at least twice the national average. Current statistics are one in three N.M. women will experience domestic violence in their lifetime. New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

In 2020, virtually every Republican in the House voted against the bill. As Republicans cast their votes, they held up copies of the Constitution. Democrats should have held up copies of death certificates to symbolize suicides and dead victims of domestic gun violence.

Thirty of the state’s elected sheriffs opposed the Extreme Risk Firearm Protection Order Act. They argued that the law violates the Second Amendment right to bear arms, the Fourth Amendment right against unreasonable search and seizure and the 14th Amendment depriving “any person of life, liberty and property, without due process of law.” The three constitutional amendments are cited by gun fanatics to oppose meaningful gun control. Each separately and together have limitations and exceptions subject to court interpretations.

NEW MEXICO’S “EXTREME RISK FIREARM PROTECTION ORDER ACT” PROVIDES FOR DUE PROCESS OF LAW

Under New Mexico’s law, only a law enforcement officer or a prosecutor can file a petition in state court for an order to prohibit someone from possessing firearms. The petitions can be filed on request from a spouse, ex-spouse, parent, child, grandparent, school administrator or employer, but those individuals cannot file petitions directly.

If a temporary 10-day order is granted, a hearing is then held to determine whether the order should be made permanent for a year. Such permanent orders can then be extended for an additional year if a motion is filed before it expires.

The “Extreme Risk Firearm Protection Order Act” or red flag law does contain significant safe guard provisions that protect a citizen’s 2nd, 4th and 14th Amendment Rights. The court proceeding and the process under the new red flag law and how it works is summarized as follows:

“A law enforcement officer, or a prosecutor in cases involving a law enforcement officer, are allowed to file a petition in State District Court for an order to prohibit someone from possessing firearms.

The petitions can be filed upon request from a spouse, ex-spouse, parent, child, grandparent, school administrator or employer.

If a law enforcement officer declines to file a petition upon request, the officer will have to file a notice of the decision with the county sheriff.

A District Judge can enter an emergency 10-day risk protection order if “probable cause” is found that an individual poses a danger of causing “imminent” injury to themselves or others.

The individual is then required to surrender all their firearms within 48 hours of a judge’s order or sooner.

A one-year order can be imposed after a court hearing, although such an order requires a higher evidence threshold.

One-year risk protection orders are subject to appeal.

All firearms are required to be returned to their owner within 10 days after an order’s expiration.”

https://www.abqjournal.com/1424533/gov-lujan-grisham-signs-red-flag-gun-bill-into-law.html

Exclusive authority is given to law enforcement to make the decision to file a petition and the petition must be based on whether there’s “probable cause” to believe the individual “poses a significant danger of causing imminent personal injury to self or others.” Law enforcement officials have to explain their decision with the filing of a court notice if they decide not to seek a judge’s order after receiving a report and evidence in support of the petition.

The “Extreme Risk Firearm Protection Order Act” signed by the Governor is a natural progression of the 2019 New Mexico Legislature passage of legislation which prohibits gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act. Under the enacted legislation domestic abusers must surrender their firearms to law enforcement. The gun possession prohibition also applies to people convicted of other crimes.

COMPREHENSIVE REPORT ON GUNSHOT VICTIMS

Simply put, New Mexico is suffering a major crisis when it comes to gun violence and gun deaths. New Mexico’s gun violence crisis was laid to bear for all to see on September 28, 2023 when the New Mexico Department of Health released its “Comprehensive Report on Gunshot Victims Presenting at Hospitals in New Mexico.” The report spans the time period from 1999 to 2023. The report provides a detailed analysis of firearm-related violent deaths and injuries in New Mexico. It encompasses data from various sources, including New Mexico’s surveillance systems, state behavioral risk factor surveys, and the Center for Disease Control (CDC) data.

The key findings and conclusions detailed in the report are as follows:

INCREASE IN FIREARM-RELATED DEATHS

Over the past two decades, New Mexico’s firearm death rates rose from 7^thhighest nationwide in 1999 to 3^rd highest in 2021 with the age-adjusted firearm death rate increasing by 87% between 2010 and 2021.
While suicide remains the predominant cause of firearm-related deaths, a notable surge of 70% in the homicide rate is driving the overall increase in firearm fatalities.

INCREASED SEVERITY OF HEALTH OUTCOMES OF FIREARM INJURY

Between 2019 and 2022, there was a 16% increase of patients being admitted to intensive care and a 61% increase in patients being transferred to the operating room.

SIGNIFICANT INCREASE IN ALCOHOL AND SUBSTANCE USE CONTRIBUTING TO INCREASED FIREARMS DEATHS

Between 2019 and 2020, there was an 89% increase in alcohol dependence for homicides involving firearms. Additionally, from 2018 to 2020, there was a 475% increase non-alcoholic substance dependence for homicides involving a firearm.
Between 2018 and 2020, there was an 85% increase in alcohol dependence and a 120% increase in non-alcoholic substance abuse for suicides involving a firearm.

LOADED AND UNLOADED FIREARMS AS RISK FACTOR FOR FIREARM INJURY AND DEATH

In 2022, 37% of New Mexican households have a firearm, 15% of New Mexican households have a loaded firearm, and 8% have a loaded and unlocked firearm.
In 2022, households with a firearm and a child less than 18 years old, 38% have a loaded firearm and 15% have a loaded and unlocked firearm.

HEALTHCARE OUTCOMES FOR GUNSHOT VICTIMS

Gunshot injuries have wide-ranging and severe implications on individual well-being, often necessitating immediate and extensive medical care. Delving into the healthcare outcomes and severity of injuries for gunshot victims reveals a concerning picture:

Between 2019 and 2022, the number of patients in New Mexico’s trauma centers with firearm injuries has increased by 39%.
The number of trauma center patients with firearm injuries being discharged from the ED to the intensive care unit has increased by 16%
There has been a concerning 61% increase in gunshot injuries that required surgical interventions
New Mexico ranked seventh highest in the U.S. in 1999 and 2011. The rank increased to third highest in the U.S. in 2021
New Mexico has consistently had a larger age adjusted1 firearm death rate than the rest of the country. Moreover, the age adjusted firearm injury death rate for New Mexico has also increased at a higher rate compared to the U.S. For example, New Mexico’s firearm injury death rate was 48% higher than the U.S. in 2010, compared to being 90% higher in 2021.

TYPE OF FIREARM AND AMMUNITION INVOLVED IN FIREARM DEATHS

The following data was pulled from pooled data in the New Mexico National Violent Death Reporting System (NM VDRS) from 2018 to 2020:

TYPE OF FIREARM IN DEATHS

Handguns were implicated in 77% of violent firearm-related deaths
Rifles and shotguns were involved in 7% and 6% of such incidents.

COMMON FIREARM MANUFACTURERS IN DEATHS

An unknown manufacturer was noted in 61% of cases of the New Mexico National Violent Death Reporting System (NM VDRS) pooled data from 2018 to 2020.
Smith & Wesson firearms were linked to 8% of violent deaths, followed by Ruger (6%), Glocks (5%), and Taurus (4%).

AMMUNITION CALIBERS IN VIOLENT DEATHS

The 9-millimeter (mm) caliber was the most prevalent, associated with 25% of violent firearm deaths. PAGE 7
Other notable calibers included .38 (10%), .22 (9%), .45 (8%), and .40 (7%)

RELEASE OF INDIVIDUALS FOUND INCOMPETENT TO STAND TRIAL

On June 26, an analysis of the number of people released back into the community after being found incompetent to stand trial was provided to the Court, Corrections and Justice Interim Committee. The analysis was not completed and was unavailable when the competency bill legislation failed in the 2024 legislative session.

Major findings of the analysis are as follows:

More than 3,200 people charged with crimes since 2017 in New Mexico have been released back to the community after being found incompetent to stand trial, according to an analysis that fueled Gov. Michelle Lujan Grisham’s call for a special session.
More than 5,350 of the 16,045 dismissed charges were felonies, according to the analysis. The dismissals included those charged with first-degree murder, trafficking controlled substances, kidnapping, and abuse of a child, according to data of the state Administrative Office of the Courts.
Other defendants charged with lesser crimes have been repeat offenders caught in a cycle of being charged and released only to be arrested again, charged, and let go after court-ordered evaluations showed they cannot participate in their defense and a judge ruled they were mentally incompetent to stand trial.

After seeing the analysis, Lujan Grisham called the number of criminal case dismissals “frankly, shocking.” The Governor said this:

“Some of these have been in court up to 40 times in a year. If we don’t interrupt that, the status quo that you see playing out in our communities every day will stay. … I’m trying to break that cycle [and] focus on the criminal competency loophole. … The notion that we would have 3,200-plus individuals reoffending for another year is more than I think any New Mexican should have to bear”.

NUMBER OF VIOLENT CRIMES IN NEW MEXICO

According to FBI statistics, the number of violent crimes in New Mexico for the last 11 years has been reported as follows:

2012: 11,660
2013: 12,990
2014: 12,465
2015: 13,672
2016: 14,585
2017: 16,300
2018: 17,637
2019: 17,302
2020: 16,393
2021: 17,373
2022: 16,494

According to data released by the New Mexico Department of Health and the Centers for Disease Control and Prevention, from 2010 to 2021, the age-adjusted death rate from firearms rose by 87%. In the same time span, New Mexico rose from the 7th to the 3rd highest rate of firearm deaths in the country.

Overall, there was a 34% increase in overall firearm fatalities from 2018 to 2021, with a 70% increase in homicides with a firearm in the same time period.

Not only has death from firearms in New Mexico increased, but so have injuries related to firearms. From 2018 to 2022, the rate of people visiting the emergency room from firearm related injuries rose 35%.

According to the latest stats from the FBI, there were 11,550 instances of shoplifting In New Mexico. It’s a trend that’s been increasing since 2018.

FIREARM INJURY – EMERGENCY ROOM VISITS

Emergency room firearms injuries are on the uptick in New Mexico and are reported as follows for 5 years of available data:

2018: 968
2019: 914
2020: 1,129
2021: 1,263
2022: 1,306

https://www.koat.com/article/new-mexico-crime-stats-town-hall/60513537

Following the death of a child near Isotopes Park in 2023, Governor Michelle Lujan Grisham issued a public health order that was aimed to reduce gun violence. Data released by the governor’s office from September 2023 – March 2024 is as follows:

TOTAL ARRESTS: 7,649
FELONY ARRESTS: 4,701 (61.46%)
MISDEMEANOR ARRESTS/ WARRANTS: 2,948 (38.54%)
FIREARMS SEIZED: 614
TRAFFIC CITATIONS: 9,669

COMMENTARY AND ANALYSIS

Given New Mexico’s high suicide rates, domestic violence killings and the threat of mass shootings, its about time that New Mexico’s “red flag law” is being enforced more and more by law enforcement. Notwithstanding, the fact that only 118 petitions have been filed over a full 5 years is somewhat of an embarrassment.

It more likely than not that the more than 3,200 people charged with crimes since 2017 in New Mexico who have been released back to the community after being found incompetent to stand trial would qualify to some extent for the filing of red flag petitions. Law enforcement in general needs to set aside their opposition to red flag laws and use far more initiative in filing petitions.

Victim Of Car Crash Caused By APD Chief Harold Medina Files Personal Injury Lawsuit To Recover Damages; Extent Of Personal Injuries Coupled With Medinas Conduct, Admissions And Video Of Crash Will Make Case Difficult To Defend Before A Jury; City Should Seek Settlement As Soon As Practical

Posted on August 28, 2024 by

It has been reported that on Monday, August 26, Todd Perchert, the victim of the February 17 car crash caused APD Police Chief Harold Medina, filed in the 2nd Judicial District Court in Albuquerque a 20 page personal injury lawsuit naming as Defendants the City of Albuquerque and APD Chief Harold Medina. The lawsuit alleges negligence and that “Defendant Harold Medina battered and/or assaulted Todd Perchert by driving at a high rate of speed and violently colliding with Plaintiff’s vehicle.” The civil complaint outlines personal injury damages, alleges violations of the New Mexico Tort Claims Act, and Violations of the New Mexico Civil Rights Act and alleges “Loss of Consortium.” Perchert’s wife, Danielle, is also suing. The Percherts are requequesting a jury trial.

The Percherts are claiming Chef Medina violated multiple state laws and department operating procedures when the crash happened. They also say the city is responsible because it was negligent in hiring, training and supervising Medina. The 20-page lawsuit also states Todd Perchert is unable to work, and has “suffered damage to the value and enjoyment of his life” because of his injuries from the crash.

PERSONAL INJURIES OUTLINED

According to a Channel 7 news report, Todd Perchert is seeking damages for the following personal injuries sustained in the car crash:

Broken collarbone and shoulder blade
8 broken ribs (Reconstructed with titanium plates after surgery)
Collapsed lung
Lacerations to left ear and head
Multiple gashes to face
Seven-hour surgery
Hospitalized with an epidural painkiller and chest tube for nearly a week

Perchert’s attorney Alejandro Acosta, who is with the law firm of Tawney, Acosta & Chaparro P.C. said this of his client:

“Todd is still experiencing great amounts of pain, due to his extensive injuries, daily pain that he has to deal with. He will tell you that he still feels the metal in his body, dealing with the recovery from the surgeries, continuing treatment. It’s a struggle for him every day to try to continue on with the life that was taken from him before the crash. We’ll let the civil justice system, bring justice to Mr. Perchert.”

KOAT TV legal expert John Day reviewed the civil complaint and said this of the lawsuit:

“It remains to be seen whether all these claims will survive in court. A lot of things could happen. The case could settle. The case could go to jury trial. Either way, this is going to be a case that a lot of people are paying attention to. … The victim of the crash is filing a civil suit claiming that he has received severe physical injuries and damages by Chief Medina during that accident— the plaintiff, the person who was injured. The driver says, ‘Look, you destroyed my classic Mustang. It landed me in the hospital with severe injuries. It’s had this effect on my life and therefore the city needs to pay me money. … He’s outlined in his lawsuit what his physical damages are. He’s also claiming basically what’s called Hedonic damages, loss of enjoyment of life— having to go through the pain and suffering of the accident and the aftermath has cost him, as well as, the loss of his car.”

APD AND MAYOR KELLER ISSUE STATEMENTS

A spokesperson Gilbert Gallegos issued the following statement on behalf of APD:

“We will respond to the allegations in court.”

Mayor Tim Keller’s spokesperson Ava Montoya issued the following statement:

“We recognize the hardships that Mr. Perchert and his wife have been through since the crash and trust that the process will be fair and appropriate.”

The links to quoted and relied upon news sources are here:

Victim of crash involving Albuquerque police chief files lawsuit (koat.com)

https://www.kob.com/new-mexico/couple-suing-albuquerque-police-and-city-over-chiefs-crash/

https://www.krqe.com/news/albuquerque-metro/albuquerque-police-chief-faces-lawsuit-over-crash/#:~:text=ALBUQUERQUE%2C%20N.M.,his%20classic%20Mustang%20in%20February.

FACTUAL BASIS OF CLAIM

In response Medina fled from the scene and drove through a red light driving through 3 lanes of traffic and T-Boned a gold-colored Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung. Perchert was taken to the hospital in critical condition where he underwent 7 hours of surgery for his injuries. Medina and his wife were unharmed. Both vehicles were totaled. Medina admitted he did not have his lapel camera on and referred the accident to the Superintendent of Police Reform for investigation.

On February 17, immediately after the car crash, Mayor Tim Keller held a press conference and essentially declared Chief Medina a victim. Keller said this:

“[Getting the call about the crash was] one of those types of calls that I dread. … It always starts with, ‘There’s been an altercation with an officer, there’s been a shooting,’ and then I hear it’s the chief. So that is the worst way I ever want to start the day. … Fortunately, in this case, I quickly learned he was OK. … [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.

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.”

VIDEO OF ACCIDENT RELEASED

On February 21, APD released a surveillance video that shows Chief Harold Medina running a red light and crashing into the Ford Mustang seriously injuring the driver of the gold classic Mustang. The surveillance video starts with the usual Saturday morning traffic on East Central. One man walks into the frame heading east while another man crosses Central, heading west. Within seconds they meet on the corner of Central and Alvarado and then you see the two men start fighting. The two men can be seen fighting outside the Tewa Lodge motel, swinging their arms as the scuffle moves down the sidewalk. At the same time, Medina’s APD-issued unmarked truck can be seen inching out into Central and into oncoming traffic, and running a red light.

Medina’s truck drives into oncoming westbound traffic without his emergency equipment lights on nor ostensibly the siren, between two vehicles, one of which appears to stop to avoid a crash. Medina’s truck accelerates through a red light at a high rate of speed and quickly across three lanes of Central and crashes into the classic Mustang headed east. One man who was involved with the fight appeared to watch the crash unfold before running down the sidewalk. Another man rushes to Medina’s truck, appears to look into the truck and immediately rushes off.

The crash resulted in both vehicles doing a half circle turn in a counterclockwise direction. Medina’s truck came to rest against the southeast corner of the intersection with front end and rear end damage including a collapsed rear wheel reflecting an apparent broken axle. The Mustang was struck on the driver’s side with the door ripped opened and it also struck the south curb just east of the intersection and skid east before coming to rest, facing west, in the eastbound lane.

RESULTS OF INTERNAL AFFAIRS INVESTIGATIONS

On April 3 it was reported to the City Council that the APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable” and therefore Chief Medina was not charge charged with any traffic violations by APD.

On July 18, the city announced that the Internal Affairs investigation and disciplinary review of APD Chief Harold Medina actions during the February 17 car crash resulted in two “letters of reprimand” issued to Medina by Superintendent of Police Reform Eric Garcia. Chief Harold Medina was found to have violated APD policy by failing to safely operate his vehicle while on duty and not turning on his lapel camera as required by APD standard operating procedures. The letters of reprimand were placed in Medina’s personnel file. No other disciplinary action was taken. APD spokesman Gilbert Gallegos said Medina accepted the discipline and signed the letters of reprimand.

On July 18, with the announcement of the results of the Internal Affairs Investigation, it was also announced the Medina car crash was referred to New Mexico Department of Justice and the Attorney General’s Office to review the Medina car crash “for potential prosecution” and to determine if criminal charges should be brought. APD announced that the New Mexico Department of Justice decided not to charge Medina with careless driving after investigating the crash. Deputy Attorney General Greer Staley released a statement and said this:

“Based on our review of all available evidence, we conclude that, although Chief Medina’s actions might satisfy the elements of careless driving, a prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress. … We decline prosecution and consider this matter closed.”

NEW INTERNAL AFFAIRS REPORT DISCLOSED

On August 25, it was reported that a report from APD Internal Affairs says APD Chief Harold Medina intentionally did not have his lapel body camera recording on during the car crash he and his wife were involved in on February 17. The Internal Affairs report says that Chief Medina “intentionally and purposefully did not record the interaction of the crash.” The report goes on to say the chief invoked his Fifth Amendment right to not self-incriminate.

On Friday August 26, 2024 it was reported that District 1 City Councilor Louie Sanchez has filed a complaint with the New Mexico Department of Public Safety (DPS) to investigate potential misconduct by Chief Medina at the scene of the Chief’s February 2024 automobile crash. The complaint , known as a LEA-90, comes in the light of Medina’s admission to APD Internal Affairs that he intentionally and purposefully did not activate his body-worn camera when involved in police action.

USE OF LAPEL CAMERAS BY ALL LAW ENFORCEMENT MANDATED BY STATE LAW

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 as follows:

“A. 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 …. . Each law enforcement agency subject to the provisions of this section shall adopt policies and procedures governing the use of body-worn cameras, including:

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;
Prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;
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
Establishing disciplinary rules for peace officers who … fail to operate a body-worn camera in accordance with law enforcement agency policies …

B. Peace officers who fail to comply with the policies and procedures required to be adopted pursuant to Subsection A of this section 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.”

There are serious consequences for a law enforcement officer’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), a law enforcement officer “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.”

COMMENTARY ANALYSIS

Once Todd Perchert and his wife filed their civil complaint and once the complaint is personally served with a copy given to the city and Medina, the City has 30 days in which to file an Answer along with any defenses it may have as to liability and perhaps any counterclaims if any.

New Mexico is a “comparative negligence state” meaning when an accident occurs such as this, the fault and/or extent of negligence of each party involved must be determined and compared. Total damages are calculated and then the damages are divided accordingly and awarded based upon the respective negligence of each party. The city may attempt to argue that Todd Perchert was somehow contributorily negligent and that somehow, he could have avoided the car crash in order to reduce the city’s financial exposure.

After the city files its Answer to the complaint, a period known as “discovery” will be undertaken. Both sides to the case will be able to exchange interrogatories, which are questions that must be answered under oath, be allowed take depositions of the parties and witnesses and exchange documents related to the case. Those documents exchanged will include any investigation reports and documents prepared by the city and disclosure of all medical records and bills for the treatment of Todd Perchert’s personal injuries. Both parties will be allowed to file motions relating to evidentiary matters and other matters the parties deem fit to deal with case development.

The Percherts will have the burden of proof and be required to articulate actual damages sustained for recovery. The Parcherts as plaintiffs are demanding a jury trial which was expected. Under the New Mexico Tort claims act, the City has the duty and the legal obligation to fully defend Chief Medina and to provide him with legal counsel and a full defense. The city is a self-insured entity and is required to pay any and all attorney’s fees associated with the defense and pay judgements rendered against it and against APD Chief Medina for negligence found.

If the case proceeds to a jury trial, it’s very likely that a jury will render a significant judgment against the city and Chief Medina. Given all that has been reported in the media, including incriminating statements by Chief Medina, his admissions of liability and admissions against interests, as well as the videos of the car crash, the case will be extremely hard for the city to defend. Medina has caused the city and the citizens of Albuquerque major exposure to financial liability because of his actions, statements and willful failures to follow APD standard operating procedures. Because his acts were “official” the city and taxpayers will be required under the New Mexico Tort claims act to defend and indemnify him for his liability.

Civil litigation can take years and there is always a risk to both sides associated with going to trial before a jury. Part of the litigation process is mediation where the parties select a mediator appointed by the court and met in an attempt to settle the case by mutual agreement of the parties without a trial. The city would be wise to seek mediation in the case as soon as practical in order to avoid prolong litigation and increased costs.

Complaint Filed Against APD Chief Medina With NM Department of Public Safety By Councilor Louie Sanchez After Medina Admits He Intentionally Did Not Turn On Lapel Camera After Car Crash; Medina May Be Presumed Acted In Bad Faith And Liable For Intentional Spoliation Of Evidence; Keller Administration Lashes Out; Law Enforcement Certification Board Can Suspend Or Terminate Medina’s Law Enforcement Credentials

Posted on August 27, 2024 by

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 and his wife witnessed two men getting into a fight and a gun was pulled and pointed towards Medina and his wife and a shot was fired. In response Medina fled from the scene and drove through a red light driving through 3 lanes of traffic and T-Boned a gold-colored Ford Mustang driven by Todd Perchert who sustained a broken collarbone, shoulder blade, eight broken ribs, and a collapsed lung.

Medina admitted in an interview he did not have his lapel camera on and for that reason Medina referred the car crash to the Superintendent of Police Reform for investigation. The APD Crash Review Board voted unanimously to deem Medina’s crash “non-preventable.” The city announced that the Internal Affairs investigation and disciplinary review of APD Chief Harold Medina actions during the car crash resulted in two “letters of reprimand” and no other discipline was imposed.

The New Mexico Department of Justice decided not to charge Medina with careless driving even after APD’s Internal Affairs found Medina violated the department’s policies for failing to safely operate his vehicle and failing to turn on his body camera. The NM Department of Justic found that although Chief Medina’s actions might satisfy the elements of careless driving, prosecution would not be warranted because of substantial evidence showing that Chief Medina’s actions were the result of duress.

Chief Medina has never been charged with any traffic violations for the February 18 car crash. A civil cause of action for personal injury and damages has been filed against the city and Chief Medina by the victim of the crash.

NEW INTERNAL AFFAIRS REPORT

On Aust 23, KOAT TV reported that a new report from Internal Affairs says APD Chief Harold Medina intentionally did not have his lapel body camera recording on during the car crash he and his wife were involved in on February 17. On page five of the Internal Affairs report, it says that Chief Medina “intentionally and purposefully did not record the interaction of the crash.” The report goes on to say the chief invoked his Fifth Amendment right to not self-incriminate.

On August 23, private attorney and former APD Officer Tom Grover was interviewed by KOAT TV after he reviewed the released Internal affairs report. Grover said this:

“The thing that jumped out at me like frankly a nuclear bomb was the fact that Medina admitted that he purposefully did not activate his lapel camera video. … It blew my mind because it’s so preposterous. … The notion that [Chief Medina] has a Fifth Amendment right would suggest that he’s in custody … and, therefore, is required to make a statement. He’s not in custody. He’s at work.”

Grover said the Internal Affairs investigation report could be brought up in the future as it continues to be evaluated. Ostensibly, Grover was referring to pending civil litigation for damages and personal injury that has been filed by the victim of the car crash against the city.

KOAT Legal Expert John Day also reviewed the Internal Affairs report on the car accident. He gave the opinion that Medina’s actions of intentionally not turning his label camera on may also violate state law. Attorney Day said this:

“As the report states, that conflicts with APD operating procedures, and it certainly conflicts with the state law regarding police activating their body-worn cameras”.

Both Day and Grover argue this type of action of pleading the 5^th amendment against self-incrimination in a court of law could make a jury think Chief Medina and APD are trying to hide evidence. Day said he’s never heard of anything like this before and said this:

“And that totally defeats the purpose of this state law [mandating turning on lapel cameras] and the department’s own policies.”

KOAT contacted APD for a reaction. A spokesperson for the department said Chief Medina agreed to the disciplinary actions of letters of reprimand but disagreed with some of the conclusions made in the investigation by Internal Affairs.

https://www.koat.com/article/new-report-says-apd-chief-intentionally-did-not-have-body-camera-recording-koat/61950799

CITY COUNCILOR LOUIE SANCHEZ FILES COMPLAINT AGAINST CHIEF MEDINA

On Friday August 26, 2024, in a press release, it was announced that District 1 City Councilor Louie Sanchez has filed a complaint with the New Mexico Department of Public Safety (DPS) to investigate potential misconduct by Chief Medina at the scene of the Chief’s February 2024 automobile crash. The press release reads in full as follows:

“For Immediate Release: August 26, 2024

Councilor Sanchez Files Complaint with NM Department of Safety Against APD Chief Medina Chief’s actions on accident scene appear to be in violation of state law.

“[Albuquerque City] Councilor Sanchez submitted a formal request for a state investigation of the conduct of Chief Medina at the scene of the February accident. The request, known as a LEA-90, comes in the light of Medina’s admission to APD Internal Affairs that he intentionally and purposefully did not activate his body-worn camera when involved in police action. Such action by Medina appears to violate Governor Michelle Lujan Grisham’s 2020 public safety accountability bill which requires police officers to wear the body worn cameras and record encounters with citizens.

The Law Enforcement Training Act (Section 29-7-1 through 29-7-16), grants the Law Enforcement Academy Board of Directors the power and duty to refuse, suspend, or revoke the certification of a police officer or telecommunicator for just cause as provided for under the Law Enforcement Training Act and Board Rules.

“As the chief law enforcement officer of the state’s largest police department, the chief should hold himself to a higher standard than that of his rank and file, not lower. We are at a crossroads where officer morale is at an all-time low and public trust might even be lower,” Councilor Sanchez stated. “Chief Medina’s actions are the type of actions that brought the U.S. Department of Justice oversight in the first place. Here, he openly disregarded state law.”

It is imperative to uphold the highest standards of integrity and professionalism within our law enforcement agencies, and this investigation aims to address any concerns or allegations with the utmost seriousness.

The request for investigation has been submitted to the Department of Public Safety, Law Enforcement Academy and will be conducted by the LEA Board of Directors. The findings of this investigation will be made public to ensure that our community is kept informed throughout the process.”

The link to the press release is here:

https://www.cabq.gov/council/find-your-councilor/district-1/news/councilor-sanchez-files-complaint-with-nm-department-of-safety-against-apd-chief-medina#:~:text=ALBUQUERQUE%20%E2%80%93%20District%201%20City%20Councilor,Chief’s%20February%202024%20automobile%20crash.

According to former Attorney General Hector Balderas, anyone can submit an LEA-90, or misconduct form, to the LEA Board.

KELLER ADMINITRATION LASHES OUT AT SANCHEZ

In response to the complaint filed by Councilor Louie Sanchez the Keller Administration issued the following statement:

“Louie Sanchez has publicly carried a grudge against Chief Medina for years, but his most recent publicity stunt is not only over the top, it’s redundant. Chief’s crash has been extensively reviewed and a final decision made, and APD is focused on fighting crime.”

The link to the quoted and relied upon news source is here:

https://www.koat.com/article/city-councilor-files-complaint-against-albuquerque-police-chief/61978117

https://www.kob.com/new-mexico/city-councilor-files-complaint-to-investigate-police-chiefs-alleged-misconduct/

APD CHIEF MEDINA GETS A NEW $100,000 RIDE

On August 21, it was reported by KOB 4 news that APD Chief Harold Medina is now driving an brand new, city issued $100,000 Ford Expedition to replace the city truck he totaled in the February 17 car crash that he admitted to causing and that critically injured another. During the August 19 meeting of the Albuquerque City Council, Republican first term Councilor Dan Champine, who is a retired APD Police Officer, called into question a vehicle that the city purchased with taxpayer money and issued to APD Chief Harold Medina.

Councilor Champine asked pointed questions of Chief Administrative Officer Samantha Sengel. Champine asked:

“So 4×4, tow package, a sunroof, a premium sound system and aftermarket, 4×4 tires is needed for the chief of police of a city?”

Chief Administrative Officer Samantha Sengel responded saying this:

“The vehicles that we purchase are based upon the need and the demand related to the positions that we have. … When we purchased Medina’s vehicle, it was based upon the available vehicles with four-wheel drive and the available on the lot. …It was not the most expensive vehicle. Not that that is the parameter that we should be setting. But based upon the conditions, we want to ensure command staff and leadership are able to access any scene.”

Sengel said the new Ford Expedition the city bought for Chief Medina was in line with other APD vehicles. She added the chief needed a replacement fast.

The link to the quoted and unedited KOB 4 news story is here:

https://www.kob.com/news/top-news/apd-chiefs-new-vehicle-called-into-question-at-city-council-meeting/

NEW MEXICO STATUTE MANDATING ACTIVATION OF LAPEL CAMERAS BY LAW ENFORCEMENT

Chief Medina publicly admitted in news interviews that he did not have his body camera on during the February 17 incident and car crash and for that reason he referred the matter to APD Internal Affairs.

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 as follows:

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;
Prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;
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
Establishing disciplinary rules for peace officers who … fail to operate a body-worn camera in accordance with law enforcement agency policies …

LAW ENFORCEMENT CERTIFICATION BOARD

The “Law Enforcement Certification Board” is administratively attached to the Department of Public Safety. The board consists of eleven members appointed by the governor with the advice and consent of the senate. The Law Enforcement Certification Board by statute is given the power to deny, suspend or revoke a peace officer’s certification for just cause. The board is empowered to conduct investigations as necessary to make determination regarding fitness of a law enforcement officer to execute a law enforcement officer’s duties.

https://law.justia.com/codes/new-mexico/chapter-29/article-7/

The “Law Enforcement Certification Board” may refuse to issue, or may suspend or revoke any police officer’s certification for a number of reasons including when the board determines that a person has committed acts that constitute dishonesty or fraud.

https://law.justia.com/codes/new-mexico/chapter-29/article-7/section-29-7-13/

COMMENTARY AND ANALYISIS

The extent of preferential treatment Chief Harold Medina has been given by APD and that has been allowed by Mayor Tim Keller has been nauseating and obscene at best and on many levels. It has been a major injustice to the real victim of the car accident who Medina put in the hospital in critical condition.

MEDINA PLEADING THE 5^th AGAINST SELF INCRIMINATION

APD Chief Medina pleading his 5^th Amendment Right against self-incrimination during an internal affairs interview to determine violations of personnel policy made a mockery of the Internal Affairs civil investigation to determine if he had violated any APD standard operating procedures. Medina was not charged with any criminal offense. It is well settled criminal law that any defendant at the time of an arrest is given their “Miranda Rights” which includes the right to remain silent and the right to an attorney.

A charged defendant has the right to refuse to talk to law enforcement, refuse to give any statements and to refuse to testify unless the defendant waives the right against self-incrimination, even after an arrest or in custody. Subsequent to the car crash, Medina made a series of public admissions against interests and admissions of liability including making a video statement to department personnel of his version of what happened which were a waiver of his right against self-incrimination.

As private attorney Grover pointed out, Medina was not in custody but was on the job when the crash occurred. The only logical explanation for Medina pleading the 5^thAmendment against self-incrimination with Internal Affairs is that he had something to hide, and he wanted to avoid having to answer direct questions on his prior admissions of liability. He knew full well he would have to answer questions such as why his wife was in the car with him, who was actually driving the vehicle at the time of the accident, why he did not have his emergency equipment on and why he would say there was no oncoming traffic.

MEDINA’S NEW RIDE

The city went out of it way to purchase Medina a $100,000 replacement vehicle for the vehicle he totaled simply because he is the chief. Medina could have just as easily been assigned another low milage vehicle in the APD massive fleet of vehicles that would meet his needs. It’s common practice within the department when an officer totals a city assigned vehicle, they are not simply given a vehicle they can pick and choose, but assigned what may be available within the APD existing fleet. Confidential sources claim that Medina threw his weight around and made damn sure he got a brand-new vehicle off the lot to his likening. Medina now lives in Corrales in a home he just recently built and has been seen exiting Corrales at excessive rates of speed in his new vehicle with his emergency equipment engaged as he speeds past motorist and disrupts the quiet community.

MEDINA SHOULD HAVE BEEN TERMINATED FOR VIOLATIONS OF STANDARD OPERATING PROCEDURES

On February 17, APD Chief Harold Medina violated the following APD Standard Operating Procedure:

Medina failed to activate his lapel camera in a timely manner.
Chief Medina’s wife is not authorized for police ride-along. He involved his wife in a patrol and enforcement action when he decided to report for removal a homeless encampment and it escalated into a felony incident with Medina’s wife being placed in harm’s way.
Chief Medina failed to take his wife to a safe, convenient location before he attempted to take action and investigate.
Chief Medina did not have his vehicle’s emergency warning equipment engaged when he made the initiate stop to investigate, nor when he took off to flee from the scene.
Chief Medina did not drive his vehicle with “due regard for the safety of others.” He drove with reckless disregard for the safety of others and ran a red light driving his vehicle without the vehicle’s emergency equipment on.
Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles.”

The city and Mayor Tim Keller should have held APD Chief Harold Medina 100% responsible for the car crash critically injuring a private citizen. Chief Medina should have been charged with reckless driving and should have be terminated “for cause” for the violations of APD’s Standard Operating procedures. Instead, APD Chief Harold Medina was given preferential treatment by APD and by Mayor Tim Keller.

The finding that the accident was “non preventable” and Medina given a slap on the wrist with two letters of reprimand and a new $100,000 Ford Expedition was an insult to the general public. It was a major disservice and a real injustice to the real victim of the car accident who Medina put in the hospital in critical condition.

Chief Medina and Mayor Keller for their part had the nerve to declare Medina the victim of the accident ignoring the real victim and that Medina almost killed that victim.

LAW ENFORCEMENT ACADEMY BOARD SHOULD DETERMINE IF MEDINA’S LAW ENFORCEMENT CERTIFICATIONS SHOULD BE SUSPENDED OR TERMINATED FOR HIS WILLFUL VIOLATION OF STATE LAW

Simply put, the investigation conducted by the APD Internal Affairs and the APD Crash review board reek of preferential treatment and lack of transparency and accountability. When Medina’s February 17 crash occurred, it should have never been investigated by APD given that it was his own agency he manages and oversees. APD investigating its Chief called into question legitimacy, fairness and impartiality. The case should have been handed over immediately to another law enforcement agency such as the New Mexico State Police to insure accountability and transparency.

Albuquerque City Council Louie Sanchez has every right to file his complaint against APD Chief Medina. The Keller Administrations personal attack and lashing out against Sanchez for filing of his complaint is so very typical of its petty, nasty hostility Keller has whenever the City Council challenges or exerts their legitimate oversight authority over the Albuquerque Police Department. Mayor Keller for his part could have avoided all of this by doing the right thing by suspending Chief Medina when the accident occurred and referring the matter to an outside agency. Instead, Keller and Medina have portrayed Medina as the victim of the car crash Medina caused putting another in the hospital in critical condition.

APD Chief Medina’s failure to activate his lapel camera as required by state law amounts to an act of dishonesty or fraud. The Law Enforcement Academy Board needs to take the complaint filed by Councilor Sanchez against Chief Medina very seriously. It needs determine if Chief Medina’s law enforcement certifications should be suspended or even terminated for his willful act of bad faith and spoilation of evidence with his intentional failure to activate his lapel camera on February 17.

FINAL COMMENTARY

It is common knowledge that Mayor Tim Keller is seeking a third term in 2025. Medina has also said he is going nowhere and will be retiring in December 2025 after the municipal elections.

Voters need to send a clear message to Mayor Tim Keller that he along with his Chief of Police need to move on. Eight full years of Tim Keller giving preferential treatment to his executive staff has been more than enough as has been his mismanagement of APD.

_______________________________

POSTSCRIPT

PETITION CALLING FOR MAYOR KELLER TO TERMINATE CHIEF HAROLD MEDINA

On August 22, a petition calling for Mayor Tim Keller to terminate Chief Harold Medina began to circulate on the internet and by email. The petition was started by Citizenof Albuquerque using a free on-line petition organization identified as “change.org.”

Change.org is a website that allows users to create and sign petitions to raise awareness and influence decision-makers on social causes. Chang.org does solicit contributions but does not require them to sign the petition. The site is owned by a nonprofit foundation and is a for-profit public benefits corporation. Change.org claims to be the world’s largest nonprofit-owned platform for social change. Users can create petitions on a variety of topics, including general justice, economic justice, criminal justice, human rights, education, environmental protection, animal rights, health, and sustainable food. The link to change.org is here:

https://www.change.org/login_or_join?redirectTo=%2Fu%2F1348170913

The petition has a photo of APD Chief Harold Medina and provides an update on the status of the number of those who have signed the petition.

The petition sent states:

“WHY THIS PETITION MATTERS

Started by Citizenof Albuquerque

As citizens of Albuquerque, New Mexico, we hold our public officials to a high standard of professionalism and integrity. Regrettably, one among them, Harold Medina, current Chief of the Albuquerque Police Department, has recurrently demonstrated his unsuitability for such an esteemed position. Cambridge’s Policing Project highlights that ethical leadership is integral to enhancing departmental functioning and citizen trust, which we believe is currently lacking under Medina’s leadership (International Association of Chiefs of Police, Policing Project).

His admissions concerning his crash, that seriously injured a citizen of Albuquerque, show that he is only concerned for himself and not the citizens he is sworn to serve. He was recorded during a citywide briefing attempting to downplay his actions and said that the investigation was to simply “appease everyone.” Furthermore, he was exposed during an internals affairs investigation saying that he intentionally did not turn on his camera so he would not incriminate himself. Is that really acceptable for someone who is supposed to be the pinnacle of public servant? The citizens of Albuquerque deserve better!

Mayor Keller, our demands rest on a pressing need for the termination of Harold Medina from his role as chief for the greater good of our community. By signing this petition, we take a collective step towards a safer and better governed Albuquerque. Sign this petition today and be part of the change we need.”

The link to the petition and to sign it is here:

https://www.change.org/p/mayor-keller-terminate-chief-harold-medina

The link to a related Dinelli blog article is here:

APD Chief Harold Medina Pleads 5th Amendment Right Against Self Incrimination In Car Crash Investigation; Medina Found He Intentionally Did Not Have Lapel Camera On; Given New $100,000 Ford Expedition; Citizen’s Petition Seeking Medina’s Termination Circulates | (petedinelli.com)

APD Chief Harold Medina Pleads 5th Amendment Right Against Self Incrimination In Car Crash Investigation; Medina Found He Intentionally Did Not Have Lapel Camera On; Given New $100,000 Ford Expedition; Citizen’s Petition Seeking Medina’s Termination Circulates

Posted on August 26, 2024 by

On July 18, with the announcement of the results of the Internal Affairs Investigation, it was also announced the Medina car crash was referred to New Mexico Department of Justice and the Attorney General’s Office to review the Medina car crash “for potential prosecution” and to determine if criminal charges should be brought. APD announced that the New Mexico Department of Justice decided not to charge Medina with careless driving after investigating the crash. Deputy Attorney General Greer Staley released a statement and said this:

“CARELESS DRIVING” VERSUS “RECKLESS DRIVING”

The New Mexico Department of Justice evaluated the car crash to determine if it was the result of “careless driving” and ostensibly declined to investigate if it was the result of “reckless driving”.

It is Section 66-8-114 of the New Mexico Statutes that defines Careless Driving as follows:

Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.
Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a misdemeanor.

https://law.justia.com/codes/new-mexico/chapter-66/article-8/part-2/section-66-8-114/#:~:text=Any%20person%20who%20operates%20a,is%20guilty%20of%20a%20misdemeanor.

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

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.
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.
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/

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.

Surveillance video shows Medina cutting in front of another car before accelerating at a high rate of speed through the intersection. 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 could have totally prevented the accident by turning right on Central but instead drove into oncoming traffic driving between 2 other vehicles and the accelerating over 3 lanes of traffic and plowing into Todd Perchert.

NEW INTERNAL AFFAIRS REPORT

A new report from Internal Affairs says APD Chief Harold Medina intentionally did not have his lapel body camera recording on during the car crash he and his wife were involved in on February 17. On page five of the Internal Affairs report, it says that Chief Medina “intentionally and purposefully did not record the interaction of the crash.” The report goes on to say the chief invoked his Fifth Amendment right to not self-incriminate.

On August 23, private attorney and former APD Officer Tom Grover was interviewed by KOAT TV after he reviewed the released Internal affairs report. Grover said this:

“As the report states, that conflicts with APD operating procedures, and it certainly conflicts with the state law regarding police activating their body-worn cameras”.

“And that totally defeats the purpose of this state law [mandating turning on lapel cameras] and the department’s own policies.”

https://www.koat.com/article/new-report-says-apd-chief-intentionally-did-not-have-body-camera-recording-koat/61950799

NEW MEXICO STATUTE MANDATING ACTIVATION OF LAPEL CAMERAS BY LAW ENFORCEMENT

Chief Medina publicly admitted in news interviews that he did not have his body camera on during the February 17 incident and car crash and for that reason he referred the matter to Internal Affairs.

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 as follows:

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;
Prohibiting deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter;
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
Establishing disciplinary rules for peace officers who … fail to operate a body-worn camera in accordance with law enforcement agency policies … .

There are serious consequences for a law enforcement officer’s failure to abide by the statute. Under the statute, per Section 29-1-18(C), a law enforcement officer “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.”

APD CHIEF MEDINA GETS A NEW $100,000 RIDE

On August 21, it was reported by KOB 4 news that APD Chief Harold Medina is now driving an bran new, city issued $100,000 Ford Expedition to replace the city truck he totaled in the February 17 car crash that he admitted to causing and that critically injured another. During the August 19 meeting of the Albuquerque City Council, Republican first term Councilor Dan Champine, who is a retired APD Police Officer, called into question a vehicle that the city purchased with taxpayer money and issued to APD Chief Harold Medina.

Councilor Champine asked pointed questions of Chief Administrative Officer Samantha Sengel. Champine asked:

“So 4×4, tow package, a sunroof, a premium sound system and aftermarket, 4×4 tires is needed for the chief of police of a city?”

Chief Administrative Officer Samantha Sengel responded saying this:

Sengel said the new Ford Expedition the city bought for Chief Medina was in line with other APD vehicles. She added the chief needed a replacement fast.

The link to the quoted and unedited KOB 4 news story is here:

https://www.kob.com/news/top-news/apd-chiefs-new-vehicle-called-into-question-at-city-council-meeting/

PETITION CALLING FOR MAYOR KELLER TO TERMINATE CHIEF HAROLD MEDINA

https://www.change.org/login_or_join?redirectTo=%2Fu%2F1348170913

The petition has a photo of APD Chief Harold Medina and provides an update on the status of the number of those who have signed the petition.

The petition sent states:

“WHY THIS PETITION MATTERS

Started by Citizenof Albuquerque

The link to the petition and to sign it is here:

https://www.change.org/p/mayor-keller-terminate-chief-harold-medina

MEDINA DECLARES HE WAS A VICTIM OF A CAR CRASH HE CAUSED

On February 17 during a news conference after the car crash, Mayor Tim Keller reacted to the crash by heaping highly questionable claims and praises on Chief Medina 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.

Keller made no mention of the injured victim of the car crash. 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.” Again, Keller made no mention of the serious injuries inflicted on Todd Perchert the driver of the classic Ford Mustang.

APD Chief Medina had the audacity to declare that he was the victim in the car crash he caused. On 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:

Medina said on the video he thought the oncoming Mustang would pass through intersection before he got there. Medina said in his video statement “I looked to my left, and the intersection was cleared. … And I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”

Medina admitted he was the one responsible for the crash. He admitted he ran a red light and that he did not have the right of way. Medina also admitted as before that he did not have his body camera on at the time of the accident, so he referred the matter to Internal Affairs.

MEDINA’S FALSE CLAIMS EXPOSED BY VIDEO OF ACCIDENT

On February 21, APD released a surveillance video that shows Chief Harold Medina running a red light and crashing into the Ford Mustang seriously injuring the driver of the gold classic Mustang. The surveillance video reveals a false statement made by Chief Medina in his version of events that he gave in his “Chief’s Corner” video statement which was that the intersection was clear when Medina ran the red light.

The surveillance video starts with the usual Saturday morning traffic on East Central. One man walks into the frame heading east while another man crosses Central, heading west. Within seconds they meet on the corner of Central and Alvarado and then you see the two men start fighting. The two men can be seen fighting outside the Tewa Lodge motel, swinging their arms as the scuffle moves down the sidewalk. At the same time, Medina’s APD-issued unmarked truck can be seen inching out into Central and into oncoming traffic.

Medina’s truck drives into oncoming westbound traffic without his emergency equipment lights on nor ostensibly the siren, between two vehicles, one of which appears to stop to avoid a crash. Medina’s truck then accelerates to a high rate of speed and quickly across three lanes of Central and crashes into the classic Mustang headed east. One man who was involved with the fight appeared to watch the crash unfold before running down the sidewalk. Another man rushes to Medina’s truck, appears to look into the truck and immediately rushes off.

Medina said this in his Chief’s Corner video statement:

“I looked to my left, and the intersection was cleared. … And I thought that the car was going to pass before I got there, and it did not, and unfortunately, I struck a vehicle.”

Even though Medina said in his Chief’s Corner video that the traffic was clear on the North Lane on Central traveling West, the video shows it was not clear at all and there was oncoming traffic and he did not have his emergency equipment engaged.

The surveillance video shows Medina cutting in front of another car before accelerating at a fast rate of speed through the intersection. The video shows oncoming traffic with Medina first slowly inching between two vehicles traveling West on the North side lanes of Central and Medina then accelerating to cross to the South traveling lanes of Central at a high rate of speed and crashing into the Mustang that was traveling East on the South lanes of Central.

APD Chief Harold Medina could have totally avoided the entire crash by simply turning right to go West on Central as opposed to flooring his vehicle to go forward going South and attempting to turn left to go East. This would also have the immediate effect of driving the vehicle out of the line of fire with a motel building providing an extent of obstruction.

COMMENTARY AND ANALYISIS

The extent of preferential treatment Chief Harold Medina has been given by APD and that has been allowed by Mayor Tim Keller has been nauseating and obscene at best and on many levels.

MEDINA PLEADS THE 5^th AGAINST SELF INCRIMINATION

APD Chief Medina pleading his 5^th Amendment Right against self-incrimination made a mockery of the Internal Affairs civil investigation to determine if he had violated any APD standard operating procedures. Medina was not being charged with any criminal offense. As private attorney Grover pointed out, Medina was not in custody but was on the job when the crash occurred. Subsequent to the car crash, Medina made a series of public admissions against interests and admissions of liability including making a video statement to department personnel of his version of what happened.

The only logical explanation for Medina pleading the 5^thAmendment against self-incrimination is that he has something to hide, and he wanted to avoid having to answer direct questions on his prior admissions of liability. He knew full well he would have to answer questions such as why his wife was in the car with him, who was actually driving the vehicle at the time of the accident, why he did not have his emergency equipment on and why he would say there was no oncoming traffic.

MEDINA’S NEW RIDE

MEDINA SHOULD HAVE BEEN TERMINATED

APD Chief Harold Medina should have been held 100% responsible for the car crash critically injuring a private citizen. Chief Medina should have been charged with reckless driving and should have be terminated “for cause” for the violations of APD’s Standard Operating procedures. Instead, APD Chief Harold Medina was given preferential treatment by APD with a finding that the accident was “non preventable” and a slap on the wrist with two letters of reprimand and a new $100,000 Ford Expedition. Chief Medina and Mayor Keller for their part had the nerve to declare Medina the victim of the accident ignoring the real victim and that Medina almost killed that victim.

MEDINA’S VIOLATIONS OF STANDARD OPERATING PROCEDURES

Medina violated the following APD Standard Operating Procedures:

Medina failed to activate his lapel camera in a timely manner.
Chief Medina’s wife is not authorized for police ride-along. He involved his wife in a patrol and enforcement action when he decided to report for removal a homeless encampment and it escalated into a felony incident with Medina’s wife being placed in harm’s way.
Chief Medina failed to take his wife to a safe, convenient location before he attempted to take action and investigate.
Chief Medina did not have his vehicle’s emergency warning equipment engaged when he made the initiate stop to investigate, nor when he took off to flee from the scene.
Chief Medina did not drive his vehicle with “due regard for the safety of others.” He drove with reckless disregard for the safety of others and ran a red light driving his vehicle without the vehicle’s emergency equipment on.
Chief Medina did not follow Standard Operating Procedures dealing with the investigation of “Crashes Involving Department Issued Vehicles.”

FINAL COMMENTARY

It is common knowledge that Mayor Tim Keller is seeking a third term in 2025. Medina has also said he is going nowhere and will be retiring in December 2025 after the municipal elections. Voters need to send a clear message to Mayor Tim Keller that he along with his Chief of Police need to move on. Eight full years of Tim Keller giving preferential treatment to his executive staff has been more than enough as has been his mismanagement of APD.

A link to a related blog article is here:

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 | (petedinelli.com)

Eight Takeaways From The Final Night Of The Democratic National Convention; We Now Have An Election Between A Black Woman And First Asian American Versus A Lying, Racist, Misogynistic, Fascist Billionaire And Convicted Felon; The Choice Could Not Be Clearer

Posted on August 23, 2024 by

Vice President Kamala Harris made history Thursday when she accepted the Democratic party’s presidential nomination on the fourth and final night of the Democratic National Convention. Harris’ ascension makes her the first Black woman and first Asian American to lead a major-party ticket. On August 23, the national news agency CNN published on the internet the following news article entitled “Takeaways from the third night of the Democratic National Convention” written by CNN staff reporters Eric Bradner, Arit John and Gregory Krieg:

“Vice President Kamala Harris capped one of the most extraordinary months in modern political history Thursday night with a speech that rallied Democrats around themes of patriotism — and cast Donald Trump as the enemy of classic American principles.

“In the enduring struggle between democracy and tyranny, I know where I stand. And I know where the United States belongs,” she said.

With the cadence of a courtroom prosecutor, Harris delivered on the promise many Democrats saw in her when she launched her first presidential campaign five years ago, and when Joe Biden chose her as his running mate in 2020.

Harris went directly at her Republican rival. She laid out the former president’s legal troubles. She blamed him for the horrors some women have faced amid the implementation of strict state-level abortion laws. She issued a reminder of what she called the “chaos and calamity when he was in office.”

“In many ways, Donald Trump is an unserious man,” she said. “But the consequences of putting Donald Trump back in the White House are extremely serious.”

Harris also delved deeper into her own policy positions, particularly on foreign policy. She said she’d be a president who is “realistic, practical and has common sense” — a clear rebuttal to Trump’s effort to brand her as too liberal.

The differences between Harris’ speech in Chicago and the one Trump delivered last month at the Republican convention in Milwaukee could not have been more stark — and set the stage for the sprint to the November 5 election, with head-to-head confrontations in debates yet to come.”

[Following are eight takeaways from the fourth and final night of the Democratic National Convention]:

HARRIS OFFERS A RETURN TO PRE-TRUMP NORMALCY

“Harris delivered a simple message to Americans: You don’t have to live like this anymore.

At times explicitly and always written into the subtext of her remarks, Harris offered voters a clean break from the Trump era and its grinding uncertainty and political upheaval.

“We are not going back,” Harris said, repeatedly, as she and others – including the chanting thousands inside the United Center – have done since she became the presumptive nominee. But as much as the slogan is a rebuke of Trump’s policies and a promise of progressive change, it also resonates more narrowly as an assurance for the immediate term.

To “not go back” to even a few weeks ago, before her campaign took flight.

Harris’ campaign has also talked at great length about “freedom,” seeking to reframe issues such as reproductive rights as a question of government interference.

At stake in the election, Harris said, were “the freedom to live safe from gun violence, in our schools, communities, and places of worship; the freedom to love who you love openly and with pride; the freedom to breathe clean air, drink clean water, and live free from the pollution that fuels the climate crisis; and the freedom that unlocks all the others: The freedom to vote.”

On this night, though, it was hard not to also hear the offer of “freedom” from the anger and divisions, both fundamental and petty, that have defined much of the past decade of American life.”

HARRIS GETS PERSONAL

“Harris has long struggled to open up about her personal story. Not anymore.

Over the course of her short campaign, she has talked more about her mother, about her childhood growing up middle class, the daughter of two immigrants and academics, and her journey into political office.

On Thursday, Harris talked about how her father, economist Donald Harris, encouraged her to run free on the playground when her mother cautioned her to be careful. She told the audience about her late mother, Shyamala Gopalan Harris, a biomedical scientist who wanted to cure breast cancer and raised her two daughters after her divorce. And she talked about the tight-knit community that helped raise her and her sister, Maya.

“My mother was a brilliant, five foot tall, brown woman with an accent, and as the eldest child, I saw how the world would sometimes treat her,” Harris said. “But my mother never lost her cool.”

The vice president didn’t explicitly compare her upbringing with the former president’s, but other speakers this week have made a more direct contrast between her childhood and Trump’s life as the son of a real estate mogul.

Harris again recalled a childhood experience that helped shape her career path. In high school, her friend Wanda Kagan confided in Harris that she was being sexually abused by her stepfather, Harris said that her friend should stay with her family.

“This is one of the reasons I became a prosecutor, to protect people like Wanda,” she said.”

ALLIES BACK UP HARRIS’ RESUME

“Throughout her 2020 presidential campaign, Harris sought to escape the label that she was a “cop” and out of step with the left on criminal justice reform issues. But as she’s sought to introduce herself to the public as a presidential candidate, she’s leaned into her resume as a strength. Each night has highlighted her work fighting transnational gangs, sexual abusers and corporate bad actors.

Several of her former colleagues, from her time in the Alameda County district attorney’s office to her years as California attorney general, appeared Thursday night to make the case that she approached her job with compassion and grit.

“For Kamala, practicing law was always about protecting the vulnerable and giving the victims a voice,” said Amy Resner, a former deputy district attorney for Alameda County and a longtime friend.

Lisa Madigan, the former attorney general of Illinois, spoke about working with Harris during the financial crisis to prevent families from being foreclosed upon. Nathan Hornes, a former student at Corinthian Colleges, a defunct for-profit school, addressed her successful effort to prosecute the school for defrauding students.

One of the most striking testimonies came from Courtney Baldwin, a youth organizer and human trafficking survivor, who spoke of how Harris worked to shut down the website that traffickers used to force her and others into sex work.

“She’s protected people like me her whole life,” Baldwin said.”

MEET THE HARRIS CLAN

Trump and many other Republicans for years have made a show out of mispronouncing Harris’ first name.

Thursday night, Harris’ two young grandnieces, Amara and Leela Ajagu — with an assist from actress Kerry Washington — appeared onstage to send a message: It’s so easy that children can do it.

“First you say comma, like a comma in a sentence,” Amara said.

“Then you said la, like la, la, la, la, la,” Leela added in a sing-song voice.

Several Harris family members followed.

Amara and Leela’s mother, Harris’ niece Meena Harris, said that the vice president “guided me; now she’s guiding my own children.” Harris’ stepdaughter, Ella Emhoff, said that when the two met when she was 14, Harris “was patient, caring and always took me seriously.”

“She taught me that making a difference means giving your whole heart and taking action,” said Harris’ goddaughter, Helena Hudlin.

Later, Maya Harris, the vice president’s sister, talked about their mother, who died in 2009.

“I so wish that Mommy could be here tonight,” she said. “I could just see her smiling, saying how proud she is of Kamala. And then, without missing a beat, she’d say, ‘That’s enough, you’ve got work to do.’”

POIGNANT MOMENT FROM PEOPLE AFFECTED BY GUN VIOLENCE

“Even before Biden ended his reelection campaign, Harris was a leading voice in the administration on gun control. Thursday night cemented that, as the convention highlighted the personal stories of people affected by gun violence – from mass shootings to murders at the hand of abusive partners.

The strategy mirrored the use of abortion storytellers through the week. Against a black backdrop, speakers shared their experiences of loss.

In a video, Georgia Rep. Lucy McBath shared her story spoke of becoming a parent before her son was murdered in 2012. McBath, who has pointed to her son’s death as her inspiration for running for office, said she learned “firsthand the power of telling our stories” when she worked for gun control groups like Moms Demand Action.

“You’ve just heard mine, but there are many more to tell,” she said, before turning to mothers who lost their children in the mass shootings at the Sandy Hook and Uvalde school shootings; Melody McFadden, who lost her mother to domestic violence; and Edgar Vilchez, who lost a classmate.

The gun violence portion of the night closed with former Arizona Rep. Gabby Giffords, who survived a shooting at a campaign event in 2011.

“I almost died, but I fought for my life, and I survived,” Giffords said.”

‘CENTRAL PARK FIVE’ MEMBER: TRUMP ‘WANTED US DEAD’

Trump has a long history of weaponizing racial resentments for political gain — including pushing “birtherism” during Barack Obama’s presidency and imposing a ban on travel to the United States from six majority Muslim countries.

But the first instance of Trump utilizing that brand of politics was the “Central Park Five.”

In 1989, five Black and Latino boys were wrongfully convicted of raping and assaulting a woman jogging in New York City’s Central Park. Trump, then just a New York real estate developer, took out and signed full-page newspaper ads calling for the boys to be executed.

“Bring back the death penalty. Bring back our police!” the ads read in huge type.

Those boys were later exonerated — four of them in 2002; the last in 2022 — after another man confessed to the attack and DNA evidence confirmed his involvement.

And on Thursday night, four of the five appeared on stage at the DNC.

“Every day as we walked into courtroom, people screamed at us, threatened us, because of Donald Trump,” Korey Wise said.

Yusef Salaam, who is now a New York City councilman, said Trump “wanted us dead.”

“He has never changed, and he never will,” Salaam said. “That man thinks that hate is the animating force in America. It is not. We have the constitutional right to vote. In fact, it is a human right. So let us use it.”

GAZA WAR OPPONENTS DENIED SPEAKING SPOT BY DNC

In the end, “Uncommitted” delegates elected by primary protest votes against the Biden administration’s policy in Israel and Gaza were shut out of the convention.

Leaders of the Uncommitted National Movement – who all said they were committed to voting for Harris – publicly agitated to have a Palestinian American address Democrats inside the United Center.

Then, on Wednesday night, they got word from convention organizers that, as an Uncommitted spokesman told it, the campaign “says the answer is no.”

The group reacted by beginning a sit-in outside the convention. It lasted for about 24 hours and attracted a raft of progressive lawmakers and antiwar activists. Still, despite a surge of support from the United Auto Workers and other influential groups, Democrats stood by their decision.

Abbas Alawieh, an Uncommitted co-founder, called it a self-defeating move – one that would only make it more difficult to win back voters in swing states like Michigan.

“I feel bad for (the DNC and Harris campaign) because they’re out of step with the majority of the Democratic base,” Alawieh said. “The majority of Democratic voters believe that Palestinian human rights are a priority alongside every other priority we have.”

Harris herself did not ignore the issue. She pledged to support and defend Israel, condemned the atrocities of Hamas’ October 7 attacks and insisted that the administration was determined to secure a lasting peace in the region.

“At the same time,” she continued, “what has happened in Gaza over the last 10 months is devastating. So many innocent lives lost. Desperate, hungry people fleeing for safety over and over again The scale of suffering is heartbreaking.”

CELEBRITIES MAKE THEIR MARK

How do you measure momentum? Political observers refer to crowd size, donations and voter registration, but this convention offered another standard: celebrity appearances.

The DNC has seen several stars this week, from Lil Jon’s surprise appearance during the star-studded roll call to Oprah Winfrey’s speech Wednesday night. Celebrities such as Mindy Kaling and Tony Goldwyn hosted various nights of the convention, and progressive country artists such as Mickey Guyton, Maren Morris and Jason Isbell performed throughout the week.

Stevie Wonder performed “Higher Ground” and John Legend paid tribute to Prince – of Gov. Tim Walz’s home state of Minnesota – with his performing partner Sheila E. Pink performed “What About Us” on the final night, which was hosted by “Scandal” star Washington.

Only the convention organizers know who sought an invite after Harris become the nominee, but it’s clear that her ascension coincided with a burst of energy that was clear in the programming.

And then there was the question of whether Beyoncé would perform. Her song “Freedom” has become the anthem of Harris’ run and the soundtrack of a few campaign videos. Speculation grew throughout the week that Beyoncé would make an appearance, and several sources close to convention planners said they believed she would come. But late Thursday, the artist’s team went on the record.

“She was never scheduled to be in Chicago,” the singer’s representative told CNN.

The link to the full unedited CNN report with convention photos is here:

https://www.cnn.com/2024/08/23/politics/takeaways-dnc-day-4/index.html

COMMENTARY AND ANALYIS

The last 30 plus days have without any doubt been one of the most remarkable months in American political history. There is absolutely no doubt that this election has gone from a likely landslide victory over a disliked incumbent Democratic President to an election where there has been a complete reversal of fortunes for Democrats.

There is now a chance that the first Black woman and first Asian American President of the United States will be elected over a lying, racist, misogynistic, fascist billionaire and convicted felon known as Donald Trump who stands for division, chaos and hate.

Many political analysts are saying that this will be one of the closest elections in American history as they look to the polls. Polls do not take into account the basic decency of the American people.

There are 73 days left until the November 5 election and that is an eternity in politics. This country cannot and must not go back to chaos and the dumpster fire known as Donald Trump and must move forward. Harris represents the future and the true meaning of what this country and our democracy is all about: freedom!

Six Takeaways From The Third Night Of The Democratic National Convention; Gus Walz Embodies True Meaning Of Love Of Family Reflecting True American Values Of His Dad Governor Tim Walz

Posted on August 22, 2024 by

On August 21, the national news agency CNN published on the internet the following news article entitled “Takeaways from the third night of the Democratic National Convention” written by CNN staff reporter Eric Bradner:

“Democrats are betting that within the American electorate is a deep desire to leave behind the bitterness of a decade dominated by former President Donald Trump.

And so, at the party’s convention Wednesday night in Chicago, a “joy” strategy — portraying Vice President Kamala Harris as the candidate who can move the nation forward — was on full display.

Former President Bill Clinton said Harris brings “sheer joy” to the 2024 race. Oprah Winfrey urged Americans to “choose joy.”

Transportation Secretary Pete Buttigieg contrasted Trump’s “darkness” with the brand of politics offered by Harris and her running mate, Minnesota Gov. Tim Walz — which he said “just feels better to be part of.”

The message underscored how rapidly the 2024 presidential race has evolved since last month’s exit of President Joe Biden — whose campaign had been built around dire warnings that electing Trump would jeopardize democracy itself. Harris hasn’t abandoned those warnings, but has rewrapped them in a more forward-looking message emphasizing themes of freedom and joy – and Democrats paired it with a party.

Singer John Legend and drummer Sheila E. played Prince’s “Let’s Go Crazy.” Stevie Wonder performed “Higher Ground.”

And as alumni from the Mankato West High School football team, which won a state championship with Walz as an assistant coach, strode on stage in jerseys that no longer fit, a pep band blared the school’s fight song.

“Thank you for bringing the joy to this fight,” Walz told the crowd.”

[Following are the 6 major takeaways from the second night of the Democratic National Convention]:

TIM WALZ, THE HAPPY WARRIOR, INTRODUCES HIMSELF

“A moment of this magnitude was new for Walz. Prior to his selection as Harris’ running mate, not only had he never delivered a high-stakes speech in front of a national audience — he’d never even used a teleprompter.

So in a convention filled with former presidents, congressional leaders, celebrities and more, Walz opted to be something else entirely.

He’s a two-term governor and a former congressman, but he leaned into earlier portions of his resume: High school teacher. Football coach. Hunter. Neighbor.Enter your email to sign up for CNN’s “What Matters” Newsletter.

He used his speech to make the case that Democrats are the party of freedom.

“In Minnesota, we respect our neighbors and the choices that they make. And even if we wouldn’t make the same choices ourselves, we’ve got a golden rule: Mind your own damn business,” Walz said.

Walz touched on Harris’ policy positions on issues such as health care, abortion rights and homeownership. And he did so in populist tones at times reminiscent of the late Minnesota Sen. Paul Wellstone.

“When we Democrats talk about freedom, we mean the freedom to make a better life for yourself and the people you love. Freedom to make your own health care decisions. And yeah, your kids’ freedom to go to school without worrying about being shot dead in the hall,” Walz said.

“That’s what this is all about: The responsibility that we have to our kids, to each other and to the future we’re building together in which everyone is free to build the kind of life that they want.”

And in a nod to his experience on the gridiron, Walz, urging Democrats to work hard over the 76 days remaining in the campaign, said, “We’re gonna leave it on the field.”

Still, the most memorable moment of Walz’s speech might have come when he discussed the fertility struggles he and his wife, Gwen Walz, faced.

“Hope, Gus and Gwen, you are my entire world, and I love you,” he said, naming his daughter, son and wife.

Gus Walz stood up, tears streaming down his face, and applauded his father.

Walz left the stage as Neil Young’s “Rockin’ in the Free World” blared through the United Center. Young had personally allowed the Harris campaign to use it — notable because four years earlier, he’d sued Trump’s campaign to stop it from doing so.”

OPRAH CONNECTS THE HISTORICAL DOTS

“If other Democrats led a generational change Wednesday night, talk show legend Oprah Winfrey connected the historical dots — portraying Harris as emblematic of “the best of America.”

She told the story of Tessie Prevost, who died last month, and three other Black girls who faced hate and harassment when, as 6-year-old girls, they began the desegregation of New Orleans elementary schools in 1960.

Drawing the connection to Harris, the “New Orleans Four,” Winfrey said, “paved the way for another young girl who nine years later became part of the second class to integrate the public schools in Berkley, California.”

Now, she said, Harris is poised to make history.

“Soon and very soon, we’re going to be teaching our daughters and sons about how this child of an Indian mother and a Jamaican father, two idealistic and energetic immigrants — immigrants — how this child grew up to become the 47th president of the United States,” Winfrey said.

“That is the best of America,” she said, as the crowd erupted into a “U-S-A” chant.

She invoked the Republican vice presidential nominee, Ohio Sen. JD Vance, who in a 2021 interview with Tucker Carlson complained that the United States is being run by “a bunch of childless cat ladies who are miserable at their own lives.”

“We are not so different from our neighbors, Winfrey said. “When a house is on fire, we do not ask about the homeowners’ race or religion. We don’t wonder who their partner is or how they voted. No. We just try to do the best we can to save them. And if the place happens to belong to a childless cat lady — well, we try to get that cat out, too.”

‘FOR THE PEOPLE’ VS. ‘ME, MYSELF AND I’

“Bill Clinton, who former President Barack Obama once dubbed the explainer-in-chief, framed the election as a choice between Harris being “for the people” or Trump being “about me, myself and I.”

“I know which one I like better for our country,” the former president said.

Though Clinton’s influence within the party has waned in the more than 23 years since he left office, no Democrat has been able to replicate his appeal to White working-class voters who have slipped away from the party since Clinton’s heyday — a reality that makes his once-every-four-years appearance at the convention an anticipated moment.

He touched on Harris’ positions on housing and health care policies, and he credited Democrats for job growth. But for the most part, Clinton used his speech to cast Trump as self-obsessed and Harris as a clean break from the drama that encompasses the former president.

He said Trump “mostly talks about himself.”

“So the next time you hear him, don’t count the lies. Count the I’s,” he said. “His vendettas, his vengeance, his complaints, his conspiracies.”

4. DON’T STOP THINKING ABOUT TOMORROW

“In the Democratic Party, it’ll soon be here.

While the main job of the party’s convention is to propel Harris into the fall with momentum, this year’s gathering in Chicago has also served as a generational hand-off.

Several of the party’s aging figures — including Biden, Clinton and his wife, former secretary of state Hillary Clinton; and former House Speaker Nancy Pelosi — acknowledged the twilight of their influence and the emergence of new faces.

Bill Clinton — who at 78 is keenly aware that he has lived longer than his father, grandfather and great-grandfather — told the crowd Wednesday night that he’s been to every Democratic National Convention since 1972 and has “no idea how many more of these I’ll be able to come to.”

“But here’s what I want you to know,” he said. “If you vote for this team — if you can get them elected and let them bring in this breath of fresh air — you’ll be proud of it for the rest of your life. Your children will be proud of it. Your grandchildren will be proud of it.”

Evoking memories of the 1992 convention in New York where the Hope, Arkansas, native was first nominated, he said: “Take it from the man who once had the honor in this convention to be called the man from Hope: We need Kamala Harris, the president of joy, to lead us.”

Clinton also praised Biden, saying that voluntarily relinquishing political power will enhance his legacy. He was followed on stage by Pelosi, the most powerful woman in American political history, who played a role in ushering Biden aside for Harris.

Pelosi, 84, had of course already facilitated a generational change on Capitol Hill. She stepped aside as House Democratic leader in 2022 and was replaced by New York Rep. Hakeem Jeffries, who is 30 years younger.”

5. HOSTAGE PARENTS SHARE ‘AGONY ON ALL SIDES’ OF ISRAEL-HAMAS WAR

“Jon Polin and Rachel Goldberg-Polin, the parents of Hersh Goldberg-Polin — an Israeli-American who was kidnapped by Hamas while attending the Nova music festival on October 7 — shared their “anguish and misery” Wednesday in one of the night’s most poignant moments.

“Since then, we live on another planet. Anyone who is a parent or has had a parent can try to imagine the anguish and misery that Jon and I and all the hostage families are enduring,” Goldberg-Polin said.

The two said they’ve met “numerous times” at the White House with Biden and Harris.

“We are all deeply grateful to them,” Jon Polin. “We’re also profoundly thankful to you, the millions of people in the United States and all over the world, who have been sending love, support and strength to the hostage families. You’ve kept us breathing in a world without air.”

Acknowledging the deaths of civilians in Gaza, Polin also said that “there is a surplus of agony on all sides” of Israel’s war with Hamas.

Their comments came as Democrats grapple with tension over US support for Israel’s war with Hamas and the civilian casualties that have resulted. Progressives’ criticism of Biden on the issue led to campus protests and “uncommitted” votes in some states’ presidential primaries this spring.

About an hour before the family spoke, Abbas Alawieh, a co-founder of the Uncommitted Nation Network, said he welcomed the hostage parents’ speech – but pressed again for a Palestinian-American voice to be given the same time.

Hours later, Uncommitted received the news that their request for a speaking spot had been denied, and members reacted by staging a sit-in outside the United Center. They held banners that said “Arms embargo now” and “Not another bomb,” urging an end to US military supplies for Israel’s war effort. Minnesota Rep. Ilhan Omar briefly joined the group.”

CAPITOL POLICE OFFICER SAYS TRUMP ‘BETRAYED US’

“Though Harris has put her own spin on the Democratic message since replacing Biden atop the ticket, the theme that had been at the core of the president’s reelection campaign — defending democracy — remains key.

Aquilino Gonell, a former US Capitol Police sergeant, said that Trump “summoned our attackers” who rioted at the US Capitol on January 6, 2021, as Congress was gathered to count electoral college votes.

Gonnell, who immigrated to the United States from the Dominican Republic when he was 12 and served in the Army, said that Trump “betrayed us.”

“We officers risked everything to protect innocent people. We were beaten and blinded. I was assaulted with a pole attached to an American flag.”

Democrats made the insurrection, and Trump’s broader effort to overturn the 2020 election results, a focus on Wednesday night.

Former Georgia Lt. Gov. Geoff Duncan, a Republican, and Olivia Troye, a former national security adviser to Vice President Mike Pence, also took the stage in Chicago.

“To my fellow Republicans, you aren’t voting for a Democrat; you’re voting for democracy,” Troye said. “You aren’t betraying our party; you’re standing up for our country.””

The link to review the full CNN report with photos is here:

https://www.cnn.com/2024/08/22/politics/takeaways-dnc-day-3/index.html

GUS WALZ CAPTURES LOVE OF FAMILY

“Gus Walz sat in the front row for the biggest moment of his father’s life, and his pride exploded out of him. “That’s my dad!” the 17-year-old could be seen saying. He stood, tears streaming down his face, and pointed to his father, Tim Walz, the governor of Minnesota, who was accepting the Democratic nomination for vice president in a speech to thousands of people in a packed arena and millions more watching at home.

The teen’s exuberance captured hearts and went viral, becoming perhaps the defining image of his father’s address and further humanizing a running mate picked by Vice President Kamala Harris in no small part for his everyman appeal. Gus wept through much of his father’s speech, and when it was over, climbed on stage with his family and wrapped his dad in a tight bear hug, burying his face in his shoulder.

Gus is a high school senior. His parents recently disclosed to People magazine he has a non-verbal learning disorder, ADHD and an anxiety disorder. But they called his condition “his secret power” and said he’s “brilliant” and poised for success. He got his driver’s license last fall.”

The link to the full quoted news source is here:

https://apnews.com/article/gus-walz-thats-my-dad-dnc-523c5add372384a810af9e8501dc07ba

COMMENTARY AND ANALYSIS

Although this has been a convention filled with former presidents, congressional leaders, celebrities and award-winning entertainers for the last 3 nights, it was the images of Gus Walz who stood up, tears streaming down his face, applauding his father that will be remembered the most. If you are one who was not moved seeing the 17-year-old Gus Walz in tears watching his dad Tim Walz Walk on stage as the Vice-Presidential nominee, then you have no real understanding of the true meaning of love of family nor the struggles families go through in this country raising and caring for a child with a disability.

Simply put, Governor Tim Walz knocked it out of the park with his speech. This coming from a politician who had to be taught how to use a tele prompter. Governor Walz is a high school teacher, football coach, family man, neighbor and who has served his country for 20 years in the military and who became an elected official to serve his community. Walz left no doubt why Vice President Kamala Harris chose him as her running mate. He is more than qualified and will make an excellent Vice President.

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