Police Complaints: Pc News

February meeting of the Police Oversight Commission

Attorney Kari Morrissey gives a civil rights presentation to the Albuquerque Police Oversight Commission, then is censored by city attorneys when she starts saying things they don’t like. A long 4 hour meeting with numerous public comments and review of citizen police complaints.

From the Albuquerque Journal story by Jeff Proctor, Lawyer: I was censored at POC meeting:

A local lawyer says she was “censored” by city attorneys and the independent review officer who cut short her civil rights law presentation to the Police Oversight Commission on Thursday evening.

The reason?

Kari Morrissey, who frequently handles civil rights cases against APD, was describing for commissioners what she said were contradictions between the department’s policies and federal case law regarding witness detention.

For example, she said, federal case law states that witnesses may only be detained for 90 minutes. Anything beyond that requires an arrest and probable cause. APD policies have no time limits, and she said officers frequently hold witnesses for hours at a time, take away their cellphones and lock them in the backs of police cars.

About halfway through a scheduled hour-long presentation, Morrissey said Deputy City Attorney Kathy Levy stopped the talk and asked her to step into the hallway. They were joined by City Attorney David Tourek and Robin Hammer, the city’s independent review officer.

Read the full story

Albuquerque Cop Caught Undressing in Public

An Albuquerque cop has been caught on video changing his clothes in public, right behind his police car. A citizen took a video of the spectacle and posted it on YouTube.

According to a citizen police complaint, the officer stood behind his marked police car one afternoon last November and stripped down to his boxer shorts in full view of the public, including women and children. The police car, which is identified in the complaint by ID number and license plate, is assigned to Steven Arias of the APD SWAT team. Arias was recently the subject of an internal affairs investigation.

Police Oversight Commission More Dysfunctional than Ever

Richard Shine has admitted he was wrong to tell people they could not criticize the chair of the Police Oversight Commission. Now he has been censured by his colleagues, the same colleagues who sat silently by while Chair Linda Martinez forcibly ejected her critics from last month’s meeting.

Chairperson Linda Martinez threw a man out of the December meeting of the Police Oversight Commission for objecting to her affiliation with the Fraternal Order of Police. All the other commissioners sat by and watched her do it. Only Commissioner Siegel raised any objection, and none of the commissioners exercised their right to appeal the chair’s ruling and force a vote on the matter—not even after Shine reminded them that they had that right.

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Councilor says Police Oversight Commissioner will be Replaced

The city councilor who nominated a member of the Fraternal Order of Police to the Albuquerque Police Oversight Commission says he will replace her in February.

Ms [Linda] Martinez has been affiliated with the Fraternal Order of Police. She is a volunteer. And as far as I can tell, she’s served honorably. And her term is up in February and we’re going to find somebody else. And we’re going to try to find someone who is not, perhaps, with that direct affiliation. —City Councilor Don Harris

Harris’ remarks start at about 00:36:20 in the video below. Harris was replying to comments from Kenneth Ellis, who objected to allowing an FOP member to serve on the board that reviews police misconduct. Mr Ellis’ son was killed by APD officer Brett Lampiris-Tremba in 2010.

Please email Councilor Harris at and thank him for doing the right thing to restore credibility to the Police Oversight Commission. The Fraternal Order of Police has no business reviewing police misconduct.

Police use force to suppress comment at Police Oversight Commission

The Albuquerque Police Oversight Commission voted unanimously last night in support of chairperson Linda Martinez. But first, they re-arranged the agenda to prevent the public from speaking about Martinez’ involvement with the Fraternal Order of Police. When citizens protested, armed police officers were called and one man was ejected from the meeting.

Linda Martinez has sat on the Police Oversight Commission since 2008. She is also a national trustee and past president for the Fraternal Order of Police, a pro-cop advocacy group that specifically opposes citizen oversight of the police. This appearance of a conflict of interest was first reported by Police Complaints in October.

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New Claims Against Security Officer Andy Fitzgerald

Police Complaints showed the explosive video of Andy Fitzgerald attacking a man for filming him. Now KOAT News has reported new claims of misconduct by Fitzgerald. An anonymous witness has come forward and says she saw Fitzgerald harassing a bus passenger in November. Watch the KOAT story here.

Albuquerque man choked and handcuffed for filming an arrest

A City of Albuquerque security guard attacked and beat a man for filming him. And it’s all on tape in this exclusive story from Police Complaints.

Andy Fitzgerald works out of the Alvarado Transportation Center, downtown Albuquerque’s main bus and train station. He’s not a police officer, just a city-employed security guard. Last August, he arrested a man who, he says, was intoxicated. When another man began filming the arrest, things got ugly.

Police Complaints interviewed the second man and obtained the video footage he captured with his smart phone. He says he was just a bystander and doesn’t even know the man Fitzgerald had arrested. But when he walked to this bus stop after work, something looked suspicious, so he started filming it.

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Exclusive Video: City Employee Attacks Man with Video Camera

Tune in Tuesday for another exclusive story from Police Complaints.

Is it legal to video-record city employees? A city security guard attacks a man for filming him. And an Albuquerque police officer tries to cover it up. An exclusive report this Tuesday at www.policecomplaints.info

Don’t miss our next exclusive story. Please “like” our Facebook page for all the latest. And please share our page with your friends. Our fans hear it first!

Trey Flynt bust casts doubt on honesty of Police Oversight investigations

Police Oversight investigator Trey Flynt has been busted selling fake merchandise out of the trunk of his car. Now he’s the subject of a federal investigation. Kim Holland at KRQE news broke the story:

Read the whole story at KRQE.

Is selling cheap knock-offs really such a big deal? Some might say the real crime is selling the real shirts for $300.

But it’s not about $300 jerseys. It’s about honesty and trust. How can Albuquerque citizens and cops trust Trey Flynt to investigate allegations of police misconduct honestly if he’s running a fraudulent side business? How can people trust the Independent Review Officer (IRO) and the Police Oversight Commission if a scam-artist is working for them?

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Exclusive Story from Police Complaints Reported on Local News

From the story by KRQE News, Police oversight group blasts APD

An oversight group is accusing Albuquerque Police of making a very illegal arrest and they’ve posted the video online to prove their point.

The group ‘Police Complaints of Albuquerque’ claims the man was arrested for openly carrying a gun which is legal in New Mexico, but the department says the group isn’t telling the whole story.

The video surfaced on YouTube last week and so far it has had more than 460 views.

KRQE did a good job on the story and obtained some interesting comments from APD. The police department says we didn’t tell the whole story. But they also say they’re now investigating the arrest to make sure everything was done correctly. When they finally watch the entire video and compare it to the claims made in the criminal complaint, they’re going to have to decide what to believe.

See our original coverage of this story, researched and reported exclusively by Police Complaints.