Tuesday, October 25, 2011

APS signed the BCSD MOU, now what?

APS has signed off on the MOU created by Bernalillo County Sheriff Dan Houston, link. Because the negotiations that led to the signing were conducted in secret, we have no idea if the MOU was amended before it was signed.

The original MOU, link, stipulated that APS could no longer hang onto evidence of felony criminal misconduct by APS administrators, unless the felony was a property crime, in which case the MOU will allow them to hold onto the evidence despite the blatantly apparent conflict of interest in so doing.

Assuming the MOU remained intact;

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.
APS Police collected evidence and testimony of qualifying felony criminal misconduct by APS senior administrators, link. That evidence (unless APS was successful in negotiating the "grandfathering in" of previous felonies) should be "submitted" to the BCSD or APD rather immediately - hopefully before statutes of limitation on the felonies, expire.

APS still has a few tricks up their sleeves. I wouldn't put it past them, if they are asked to obey the MOU and surrender evidence of non-property felonies, to put all the evidence they've collected in the past twenty years in a big box without sorting. I wouldn't put it past them to claim they can't find the evidence. I wouldn't put it past them to start expensive and extensive litigation (burning up even more class room bound dollars) to obfuscate the surrender.

There are more ways for APS to screw up the surrender than you can shake a stick at. It all depends on what the Sheriff and APD Chief Ray Schultz are willing to do to get APS to comply.

Schultz would not be my first choice. While Houston and his legal adviser Jennifer Vega-Brown have made it pretty clear they have no intention of actually investigating any of the felonies in question, I didn't get the impression that they would willingly participate in APS' cover up of the corruption in the leadership of their police department.

Ray Schultz is a different story.

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