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Tuesday, August 27, 2024

APD Spin On Crime Stats Spotlighted And Chief Medina Excuse For Failing To Turn On Body Camera Is Called Out; Councilor Files State Complaint, Plus: Nella's Night Out

ABQ police are pushing the envelope as far as possible as they try to persuade the public that crime is actually going down in the city. Their latest effort didn't work out so well:

APD says there was a 15% drop in individual robberies. There was also a 39% drop in attempted robberies, and a 51% drop in commercial robberies. But what is the difference between a robbery and burglary? Commercial robberies – the crime APD says is down 51% – happen when businesses are open. According to APD data, the number of burglaries are actually up 15% compared to last year.

Of course it's the epidemic of burglaries, especially at night when businesses are closed and when cops on the beat are short, that is much more of a worry than the less frequent attempts at daytime robberies.

Then there's this latest bizarre story involving APD Chief Harold Medina. 

He told APD internal affairs investigators that he failed to turn on his lapel camera following an accident last February in which he ran a red light and rammed into a vehicle causing the driver serious injury because he was invoking his Fifth Amendment right not to incriminate himself. 

SAY WHAT?

Mayor Keller & Medina
Say what? That's the question former APD sergeant and watchdog Dan Klein had upon hearing of Medina's explanation:

New Mexico law requires an officer to turn on their body camera and failure to do so is a violation of state law NMSA 29-1-18.  "

An explanation of the Fifth:

You can always refuse to talk to federal agents or the police. But the 5th amendment right to remain silent is only triggered in “custodial” situations. If you are free to leave or stop the questioning at any time, that would not be considered a “coercive setting” for purposes of the right to remain silent.

Medina appears to have knowingly violated state law and therefore should bear the consequence. Remember, most of the APD officers involved in the DWI scandal were not in custody when they invoked their 5th amendment right and were terminated by Medina. Think about that. 

ABQ attorney Tom Grover, who often defends police officers, adds:

It blew my mind because it's so preposterous. The notion that he has a Fifth Amendment right would suggest that he's in custody. He, the police chief, is in custody and, therefore, is required to make a statement. He's not in custody. He's at work.

Chief Medina has previously said that he will be retiring in December 2025, after the November '25 election.

MORE MEDINA FALLOUT

Sanchez
Meanwhile City Councilor Louie Sanchez--who happens to be an ex-cop--is taking action over Medina's body camera mishap:

Councilor Sanchez announced he submitted an LEA-90 to the NM Department of Public Safety which is a formal request for an investigation into the conduct of Chief Medina stemming from the February accident. 

This request comes in the light of Medina's admission that he intentionally and purposefully did not activate his ORBD camera when involved in police action. Such action by Medina appears to violate (state law) which requires police officers to wear and record encounters with citizens. The Law Enforcement Training Act (Section 29-7-1 through 29- 7-16), grants the Board with the powers and duties to refuse, suspend or revoke certification of a police officer for just cause as provided under the Law Enforcement Training Act and Board Rules. 

"As the chief law enforcement officer of the state's largest police department the chief should hold himself to a higher standard than that of his rank and file, not lower. We are at a crossroads where officer morale is at an all time low and public trust might even be lower." Councilor Sanchez stated. 

 NELLA'S NIGHT OUT

The ABQ crime explosion again took center stage over the weekend when three homicides occurred in one hour in or near downtown early Sunday morning.

On the campaign trail, candidates are working to connect with voters on the continued gun violence and the fetanyl crisis. 

GOP US senate candidate Nella Domenici took to the streets to get a closer look. This report is from her campaign: 

“Simple crime statistics, while alarming, don’t convey the human suffering and lives destroyed by fentanyl. This evening spent with police officers redoubled my commitment to secure the border.  We have to stop the flow of fentanyl that is devastating our neighborhoods.

Domenici learned that fentanyl pills cost less than 30 cents apiece and are extremely easy to obtain. She also spoke to a neighbor who is sick of the crime that is so pervasive in her neighborhood. Her backyard is littered with discarded tin foil from fentanyl users, and stolen purses stripped of credit cards, cash, and any other valuable belongings. 

“I saw block after block of people openly smoking Fentanyl from foil wrappers. They wander the streets like zombies. They sleep in alleys only to wake and repeat their addictive behavior until they overdose and die.” said Domenici. "Many are malnourished and dehydrated with sores on their skin. They prostitute themselves, and commit crimes, some violent, to support their addiction. The night belongs to the addicts and the criminals because everyone else is afraid to leave their homes."  

"The night belongs to the addicts and the criminals." Sad but true. 

Domenici also released this ad on crime and fentanyl

THE BOTTOM LINES

The Daily Show had some fun with MLG's short speech at the Democratic National Convention, rolling their eyes when she declared that New Mexico was "el fugeo" (on fire) over the coming campaign. That portion of the video begins about nine minutes in.

US House Speaker Mike Johnson made a stop in Las Cruces last week on behalf of of southern GOP congressional candidate Yvette Herrell who is trying to unseat Dem Rep. Gabe Vasquez. Johnson said of the race: "We have a tough district here." After a poll showing Vasquez running nearly 10 points ahead (see Monday blog) that may be an understatement. 

This is the Home of New Mexico Politics.    

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