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Monday, March 25, 2024

APD DWI Scandal: How Deep? Fifth Cop Caught Up In Alleged Scheme Resigns; Asserts Corruption Is "Generational"; City Awaits Fed Dominoes To Start Falling, Plus: Political Impact Of Scandal Now Less Cloudy and Legal Beagle Analysis

Will it be just few bad men or a broadening and deepening scandal that could bring down more than the five cops already under investigation in the APD DWI scandal? 

That's the question that has lurked since the scandal broke in January, the core of which has cops conspiring with at least one defense attorney to get his DWI cases thrown out of court by having the cops failing to show up for the trials--for a price, of course, which was allegedly extracted from DWI suspects.

Now that question is front and center as the last of the five officers known to be under investigation has resigned from APD but not without dropping a bombshell letter that shook the city's judicial and political centers. (Reports here and here.) 

That letter from Joshua Montaño points to something darker and deeper at APD: 

When I was put on administrative leave, I thought there would be an opportunity for me to talk to the department about what I knew regarding the FBI’s investigation. I thought there would be a time where I could disclose what I knew from within APD and how the issues I let myself get caught up in within the DWI Unit were generational. I thought there would be a time where I could talk about all the other people who should be on administrative leave as well, but aren’t. That opportunity was denied to me though. . . 

Joshua Montaño
My lawyer has explained in order for me to talk to the City about what I knew, I needed to not be the City’s scapegoat for its own failures. Instead, APD Chief Medina has made it seem like there are just a few bad officers acting on their own. This is far from the truth. None of allegations against myself or others in the DWI Unit happened without supervisory knowledge. And they didn’t just happen over a few years ago. From my time as a probation officer, officers all know that our attendance, or non-attendance, at Court is watched over and monitored. 

Montaño's lawyer is Tom Grover, himself a former cop, who has become a leading critic on social media of Mayor Keller and APD Chief Medina over their handling of crime. 

Montaño's use of the word "generational" implies years of possible wrongful activity in the DWI Unit. Hunt has been with APD for 18 years. 

An APD spokesman says the internal investigation is also looking at retired officers. 

Retired APD sergeant and watchdog Dan Klein reacts: 

His letter is clear. He wants to tell all for a deal with the US Attorney. This should scare Medina, Keller, attorneys, cops, retired cops, judges and prosecutors--current and retired. His letter would lead the reader to believe this corruption is deep and goes back a long time. 

Federal investigations often go forward with suspects being asked to tell all they know in exchange for favorable court treatment. Are the dominoes already falling in the APD probe or about to fall? Who else, if anyone, will be implicated in the Federal probe? 

Klein's warning that if there's a time for anyone connected to the DWI scheme--past or present--to be shaking in their boots--this is that time. 

LEGAL BEAGLE ANALYSIS

Here's one of our Legal Beagles tracking what has become a fascinating case in the city and state legal community: 

Montaño is asserting he knows a lot more about APD shenanigans and resents that he (and infers others) were being scapegoated for what all were doing with the knowledge of this from supervisors. He is patently accusing Medina of participating in a coverup by stating "(Medina) made it seem like there are just a few bad officers acting on their own. None of the allegations…happened without supervisory knowledge.” 

Were I in the US Attorney’s office (if this has not already occurred) I would be extremely interested in everything Montaño has to say and would be offering him a deal before he decides to clam up. Implicating Medina and others is potentially quite explosive: if he has the goods on those in the command structure, the whole of APD and those associated with it could come tumbling down. 

Mayor Keller should beware and reconsider his relationship with Medina before he becomes too much of a liability.

POLITICAL FALLOUT 

The political fallout from the DWI scandal is becoming less cloudy as the headlines continue to blare bad news. 

ABQ Mayor Keller never did have much of a chance at winning statewide office--no mayor ever has--but the DWI scandal seems to seal his fate in that regard. He has said he will seek a third, four year mayoral term in 2025 but that too is now more questionable. 

The key is who surfaces to run against him. A Republican would not seem to have much chance in a city dominated by the Dems but an independent outsider Democrat could find an opening (although in an unsettled environment a level-headed, moderate GOP business type can't be ruled out). 

Medina and Keller
Apathy has been Keller's best friend. The DWI scandal could change that apathy to anger. 

There are telltale signs that the scandal is getting more political. Former GOP US Senate candidate and businessman Mich Rich recently penned an op-ed highly critical of Keller and Medina. 

As we said, it's tough for a Republican to win an ABQ election but Rich has the credentials that may be appealing to a disgruntled electorate. He is not affiliated with the current city government power structure. He has enough personal wealth to aid in amassing the $1 million or more needed for a successful challenge and has learned enough about politics to appeal to voters outside of his party and have a go at isolating Keller in the progressive Democratic wing. 

Again, a Dem with Rich's credentials would have the better shot but things can happen if the mayoral derby turns into a multi-candidate race.

DA IMPACT 

The June 4 primary will be the first election since the DWI scandal broke and will have an impact on the race for the Democratic nomination for Bernalillo County District Attorney. 

Appointed DA Sam Bregman is already feeling heat from the scandal from the camp of former US Attorney Damon Martinez. That should be enough to make this a close race, perhaps very close. 

The contest presents a difficult choice for skeptical Dem voters. Bregman's past as a criminal defense attorney has made his dismissal of 200 DWI cases connected to the scandal a political headache and Martinez's service as a top bureaucrat in troubled APD also taints him as an insider. 

PARTY MALPRACTICE?

No Republican is running in the primary so the Dem victor will get the four year term. Yes, it does seem outrageous that the political party party that makes crime their banner issue could not bother to field a candidate for the top law enforcement position in the state's largest and most crime-ridden county. How are we in the media and elsewhere supposed to regard the GOP as a relevant force when they bow out of the race that embodies so much of their philosophy and in the middle of an epic police scandal? Just askin'. 

This is the Home of New Mexico Politics.  

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(c)NM POLITICS WITH JOE MONAHAN 2024