Monday, October 31, 2011

APS BCSD MOU finally posted

The BCSD APS MOU has been posted on the Sheriff's website,
link. For comparison; the original MOU, link.

The final rev of the MOU still includes language which denies APS any opportunity to investigate its own felony criminal misconduct, and the right to hold onto the evidence if they do;

  • h. Any report of a crime which may be determined to be a felony offense, excluding property crimes, shall be promptly reported to and investigated by BCSD or APD.
  • i. All crimes which may be determined to be felony offenses, including property crimes, shall be documented utilizing a New Mexico State Uniform Police Report...
  • j. Any evidence collected by APS police in relation to any crime that may be determined to be a felony, excluding property crimes, shall be submitted to BCSD or APD for tagging and safe keeping.
I don't see anything in the new language which allows APS to continue to cover up the corruption in the leadership of their Police Department, just because the original criminal activity occurred before the MOU was signed. Their holding of evidence they should not be holding, is a current, ongoing violation of the MOU. BCSD Attorney Jennifer Vega Brown offered no explanation as to why they will be allowed to continue to hide the evidence, writing only,
"The MOU does not require APS to surrender any prior evidence to BCSO."
No it doesn't, not specifically. Nor does it allow them to do so.
While the evidence they are hiding was collected before the
MOU was signed; they are still holding evidence that the MOU
specifically denies them the opportunity to hold.

An interesting stipulation at the end of the document appears to make the MOU useless to "third parties" (including the people), in terms of using the MOU to compel APS to surrender evidence of its own corruption.
  • By entering into this MOU, the parties do not intend to create in the public, or any member thereof, a third party beneficiary or to authorize anyone not a party to the MOU to maintain a suit for wrongful death, bodily injury to persons, damage to property, or any other claim whatsoever pursuant to the provision of this MOU. No person shall claim any right, title or interest under this MOU or seek to enforce this MOU as a third party beneficiary of this MOU.
Apparently, if the Sheriff is unwilling to enforce the terms of his own MOU, he doesn't want anyone else to do so in his stead.

Aside from an ongoing investigation by the utterly feckless NM Attorney General's Office, it would appear that the leadership of the APS is finally successful in covering up felony criminal misconduct by senior APS administrators.

The bottom line; despite all the swagger and bluster; "This is not a negotiation", Bernalillo County Sheriff Dan Houston will do nothing to hold APS senior administrators accountable for admitted felony criminal misconduct.

None of this would be possible without the aid and abet of the Journal and the rest of the establishment media.

They should be ashamed of, or at least embarrassed by, their betrayal of the trust placed in them, and by their journalistic mis, mal, and nonfeasance. Instead, I suppose, they celebrating their success in helping a bunch of good 'ol boys escape the consequences of their felony criminal misconduct.




photo Mark Bralley

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