Nearly two years ago, the Albuquerque Journal and broadcast media reported on a scandal in the leadership of the APS (Police Department).
Then US Attorney David Iglesias reported that the criminal misuse of Darren White's criminal background check system was criminal misconduct of the highest order.
An independent investigator was hired to investigate and report upon the alleged public corruption and criminal conspiracy.
His report was (supposedly) turned over to 2nd Judicial District Attorney Kari Brandenburg, to determine if criminal misconduct had occurred, and then to decide if the public interest would be served by criminal prosecution of the APS administrators who had been implicated.
Almost two years later; still nothing.
All DA Brandenburg had to do was read the report(s) and make a decision whether or not to prosecute.
In the time that Brandenburg has been sitting on the evidence, two of the highest ranking APS administrators implicated in the scandal, have retired and moved on to greener pastures.
Brandenburg apparently intends to run for re-election without ever having taken action on a case so important to the community.
Why?
It is a fair question; one worthy of the asking, and
one worthy of a candid, forthright, and honest answer.
Brandenburg will not even admit that the impartial investigation was even turned over to her office.
There is the possibility that it may not have been.
APS will neither confirm, nor deny, that it turned over this important evidence to the office of the District Attorney for her consideration.
And the beat goes on,
and on, and on.
Perhaps Lisa Torraco, who is running against Brandenburg
in the upcoming election, will make answering the question a priority.
Sunday, August 17, 2008
DA Brandenburg sitting on evidence
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1 comment:
You could request the email that former Super Everitt sent me via her very capable assistant. If they consider it public record, I have no problems with it being released, she said she definately had ORDERED the case turned over for prosecutorial review, or for the DA's to consider for prosecution. I think I posted it on your blog, that would be the best source of the exact wording, I don't have the email account anymore.
Not every crime that a police report is written on goes to court. Many do not, if my personal experience from many years ago still holds true.
Dispatchers are the first filters, then the cops that respond or see a crime in progess, then we get more. The Sergeant and Brass can shite-can a report, I have seen it done. Lovato had me re-write incidents as "Information Only" or keep it as an internal memo with no case number, instead of putting it on a report.
Then, IF the DA gets it, the pile is separated out and investigators have to find likely cases with good witnesses and make sure everything is tight, all the elements of the crimes are supported by concrete facts.
The DA then even further picks and chooses, it is their RIGHT by law to not prosecute cases that they feel are not in the best interest of Justice. That is what I am told anyway.
Then a Judge can ultimately throw a case out, or allow the prosecution to give them the Unser/Daskalos preferential treatment. Ok, so maybe the Unsers ran out of Monopoly Cards on that last one, but Daskalos is still paying his way through tickets.
If it all works correctly? Justice is usually served with "officer discretion" all the way up to "Judicial Discretion".
The problem of course, is when the unscrupulous use their position of power to unfairly cause gain to their buddies, and harm to their enemies. It is called "Abuse of Power Under Color of Law" if I remember the lecture correctly.
That is what many do in positions of APS power - benefit themselves with the resources that are supposed to be educating children, trying to make New Mexico kids competetive in the job market, pushing them to be able to pursue happiness American Style. Not steal their futures with a needlessly sub-standard education.
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