ALBUQUERQUE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico released a statement in response to the allegations contained in a whistleblower lawsuit filed today by former APD records custodian Reynaldo Chavez against the Albuquerque Police Department (APD). The allegations, which are extensive, include that APD routinely violates public records law by withholding, delaying, destroying, and otherwise obfuscating important public records regarding controversial police actions, including lethal officer involved shootings, uses of force, and surveillance of peaceful protesters. The following statement can be attributed to ACLU of New Mexico Executive Director Peter Simonson:
“The allegations put forth in this lawsuit seem to back up what we’ve long suspected: that APD deliberately withholds, destroys, or otherwise obfuscates public records that they fear might make them look bad. If these allegations are true, they represent a serious breach of trust with the people of Albuquerque. APD needs to start following the law by releasing public documents we have a right to access, and give us the fully transparent police department that our community deserves.”
The ACLU of New Mexico currently has a pending lawsuit against APD for illegally withholding public records, including footage of an officer involved shooting, from local citizen journalist collective BurqueMedia. Reynaldo Chavez is named in the ACLU’s lawsuit as records custodian at the time.

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ALBUQUERQUE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico filed a lawsuit against the Albuquerque Police Department (APD) for failing to release lapel-cam footage of a police shooting requested pursuant to the New Mexico Inspection of Public Records Act (IPRA). On January 15, 2015, the ACLU’s client, independent citizen journalist outlet BurqueMedia.com, requested all lapel camera footage taken by officers pertaining to an incident that occurred two days earlier in which APD officers shot and killed John O’Keefe near San Mateo and Constitution. Despite the fact that the footage by BurqueMedia.com constitutes public records, APD refused to release video taken during the incident.

“To ensure public trust in law enforcement, citizens and journalists must have access to information about how police use force in the community,” said ACLU-NM Legal Director Alexandra Freedman Smith “APD must rise to this basic standard of openness and transparency, follow the law, and provide this information to the people they serve.”
In its rejection letter to BurqueMedia, APD’s former records custodian, Reynaldo Chavez, cited the “law enforcement exception,” a provision of IPRA that allows police departments to withhold information that is involved in an active criminal investigation so as not to compromise that investigation. However, in its suit, the ACLU alleges that, given the circumstances, the video footage from the lapel cameras worn by police officers when they shot and killed O’Keefe does not fall under any exemption to IPRA. Chavez was placed on administrative leave earlier this year, and has since stated his intention to file a whistleblower lawsuit against APD claiming that he was instructed to cover up records or provide incomplete records requests to those who asked for them.

In recent months, APD has lost or settled a spate of lawsuits stemming from their refusal to release public records that were requested under IPRA. In just the past few months:

• APD paid TV news station KRQE $45,000 for failing to provide lapel cam videos.
• ABQ Free Press won a lawsuit against APD for withholding public information regarding their weapons arsenal.
• A judge ordered that APD release footage and information pertaining to a skate park shooting that resulted in the death of 17 year old Jaquis Lewis.

“Citizens and journalists shouldn’t have to resort to filing a lawsuit every time they want a public record from APD,” said Andy Christophersen, one of the plaintiffs in the lawsuit. “APD should stop wasting taxpayer money defending against these lawsuits, follow the law, and give people access to public records. “

 

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ALBUQUERQUE, NM—The following statement can be attributed to ACLU-NM Executive Director Peter Simonson:

“We were dismayed to hear Governor Martinez opposes the plan to provide refuge to some of the Syrian families who are fleeing the same kind of terror we saw inflicted on Paris. Governor Martinez knows full well that the United States has a rigorous and multi-layered security screening program already in place for refugee resettlement that includes background checks by multiple agencies. Refugees undergo biometric tests, medical screenings, and in-person interview with Department of Homeland Security officials. Fearmongering against families because of their religion or national origin is unworthy of the Governor’s office and contradicts the basic values that make us American.”

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