Worst Misconduct in November: Albuquerque Police Department

by | Dec 7, 2016

Worst Misconduct in November: Albuquerque Police Department

by | Dec 7, 2016

From the Cato Institute’s National Police Misconduct Reporting Project

So for November, we’ve selected the Albuquerque Police Department, (APD) which is now under investigation, again, for misconduct.

Here’s the background.  After numerous complaints from community leaders, the Department of Justice (DOJ) launched an investigation of the APD.  In April 2014, the DOJ announced its finding that there was indeed a pattern of excessive force by the APD.  Police officials promised to change and improve.

Shortly thereafter, an APD officer shot and killed 19 yr old Mary Hawkes.  It looks like Hawkes stole a car and the police were trying to catch her.  The police said she was a threat and so deadly force was necessary.  Hawkes’ family sued the city for excessive force.  Prior to trial, lawyers asked to see any police body camera footage from the incident.

Now we come to the latest news reports of APD misconduct.  Reynaldo Chavez was an employee of the City of Albuquerque and his job was handling records requests.  Chavez says he was aware that the police department had a peculiar policy regarding police body camera footage.  When the footage helped the police, it was released to the public.  When the footage hurt the police, such as showing excessive force, the footage was altered or destroyed.  In other words, the APD tampered with evidence, which is a crime.

Chavez reportedly turned over incriminating body camera footage to the lawyers representing the Hawkes family.  Chavez then lost his job and he is now fighting to get his job back because he says he was punished for doing what he was legally supposed to do.

The APD has denied any wrongdoing, but the state attorney general has seen enough to launch another investigation into APD practices.

Tim Lynch

Tim Lynch is the director of Cato’s project on criminal justice, which, under his direction, has become a leading voice in support of the Bill of Rights and civil liberties. His research interests include the War on Terror, overcriminalization, the drug war, the militarization of police tactics, and gun control. In 2000 he served on the National Committee to Prevent Wrongful Executions. Lynch has also filed several amicus briefs in the U.S. Supreme Court in cases involving constitutional rights. He is the editor of In the Name of Justice: Leading Experts Reexamine the Classic Article “The Aims of the Criminal Law” and After Prohibition: An Adult Approach to Drug Policies in the 21st Century.

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