Letters, accusations fly over DWI unit investigation

There’s still much unknown surrounding the scandal involving members of the Albuquerque Police Department’s DWI Unit and a local defense attorney, but since news of alleged impropriety came to light earlier this month, officials have exchanged barbs and questions in a flurry of letters.

What we do know is that federal agents raided homes of APD officers and the home office of a local defense attorney the week of Jan. 18.

Since then, five APD officers who served in the DWI Unit have been placed on leave. Four of those officers are also on the Second Judicial District Attorney’s Giglio List, which is a list of officers with credibility issues that could come up if they are a witness at trial.

City of Albuquerque won’t undermine investigation with comments

At an Albuquerque City Council meeting on Jan. 22, council members questioned Dr. Samantha Sengal, the city’s chief administrative officer, about the scandal, but she said she was only able to provide minimal information due to the ongoing investigation.

The next day, Sengal penned a letter to City Council President Dan Lewis. In the letter, she stated that it was imperative that she uphold the integrity of the investigation, stating she would not undermine the standards of confidentiality.

“I have an obligation to perform my role as Chief Administrative Officer, to run the city, and maintain appropriate communications. That includes refraining from communication when required. I understand your frustration that your position as a City Councilor does not afford you the opportunity to have early or advance information in investigations of this type,” she writes.

She advised Lewis to to contact the US Attorney’s Office or the Department of Justice to confirm the expectations regarding an investigation of this magnitude.

Where does the buck stop?

A couple of days later, on Jan. 25, City Council President Lewis, and Councilor’s Louie Sanchez and Dan Champine pushed back on the notion that they shouldn’t be asking questions about the investigation. In a letter to Medina the councilors said “it becomes difficult to take you seriously when you take to the news to distort and question the intent of this Council.”

The letter calls the allegations “the largest corruption scandal in APD’s history” and said it “will greatly undermine public confidence in the department and its leadership.”

“With a corruption scandal of this magnitude, we as a Council need to understand what factors make it possible to trust in our continued command of our city’s police force,” the councilors wrote. “As elected representatives of the people of Albuquerque, we have the responsibility of asking questions that may make you uncomfortable. Your level of comfort with difficult questions does not render those questions unnecessary. If the buck does not stop with you, where does it stop?”

The letter included several questions about APD policy regarding missing court hearings and for data on the number of dismissals. The councilors asked that Medina answer by 5 p.m. on Feb. 1.

Officers with Giglio issues identified, but details remain sealed

On Jan. 25, the U.S. Attorney’s Office wrote a letter to Second Judicial District Attorney Sam Bregman, thanking him for his cooperation pending the federal investigation into alleged wrong-doing by, “certain Albuquerque Police Department officers, and others.” The letter stated that Bregman’s staff have been invaluable to the U.S. Attorney’s Office and are critical to the success of, “ongoing efforts.”

According to the letter, Bregman’s office was informed of the, “covert,” investigation on Jan. 2 that would implicate his office’s responsibilities pursuant to Giglio v. United States.

“On that date, we also provided the names of four affected officers to your office. Given that this investigation is ongoing, I appreciate your understanding that the U.S. Attorney’s Office is unable to share with you – or any other person who is part of the federal investigation – any further details.”

Two weeks later, on the same day that the FBI conducted its searches, prosecutors dismissed more than 150 cases that the four officers had handled.

The letter states that the U.S. Attorney’s Office understands that criminal justice equities rely upon the credibility of witnesses and that it will continue to inform Bregman’s office of information that would impact his Constitutional responsibilities.

“Our current secrecy on this matter, however, protects the integrity of the ongoing investigation and ensures that we hold accountable all those who have done wrong while wearing a badge,” the U.S. Attorney states.

The U.S. Attorney also penned a letter to Medina the same day stating that he’d informed Bregman of four APD officer’s with Giglio issues.

Medina alleges LOPD ignored employee’s concerns

The next day, Medina wrote a letter to the Law Office of the Public Defender Commission, regarding former LOPD Commission Chair Thomas Clear III, a defense attorney whose office was searched as part of the investigation. Clear resigned from that position after the raid became public.

Medina wrote that during APD’s investigation, he learned that multiple attorneys in the Albuquerque Office of the LOPD, were, “concerned regarding the conduct of Mr. Clear and reported their concerns to the LOPD management.”

Though he said he wasn’t sure what the complaints by the LOPD attorneys against Clear are, Medina stated that the upper management of the LOPD, “ignored such concerns and did nothing to investigate the activities of then-Chairman Clear.”

Medina stated that he hopes that the LOPD Commission will take action necessary to investigate and hold accountable anyone who was involved in turning a blind eye to this issue, just as his office is investigating the officers involved.

“For the sake of our criminal justice system, we must work together in thoroughly investigating and holding accountable anyone who took advantage of the system,” Medina said.

In an emailed statement to City Desk ABQ regarding Medina’s letter, Chief Public Defender Bennett Baur said that it is a self-serving distraction from the ongoing investigation.

“Chief Medina is responsible for the conduct of his officers. I’m confident we have acted within our professional and ethical obligation to our clients,” he said.