Police scandal key issue in Bernalillo DA’s race


Mar. 24—Bad cops are as much a part of Albuquerque as the Isotopes and Old Town.

A history of officers using unnecessary force, including deadly force, has necessitated federal oversight of the Albuquerque Police Department for the last decade.

The idea was to reform a police force populated with renegades and abusers. Nineteen federally mandated progress reports have been compiled by the police department since 2015, most of them upbeat.

“We continue to sustain full operational compliance in several areas of the Settlement Agreement, and our Department has successfully transitioned from the External Force Investigation Team to independently investigating force incidents,” Police Chief Harold Medina wrote in the report filed this month.

What Medina cannot do is vouch for the integrity of his DWI Unit, an operation awash in scandal. Five of its officers have resigned amid accusations of cops taking bribes in return for getting drunken-driving cases dismissed.

One of the former officers, Joshua Montaño, claimed last week the wrongdoing extends far beyond a few corrupt beat cops, despite claims to the contrary by Medina and Mayor Tim Keller. Montaño wrote in his resignation letter payoffs for dismissals went on for years with the knowledge of police supervisors.

The FBI is delving into the case. Its inquiry should determine if Montaño is telling the truth about the mayor and police chief trying to pin all the blame on a few beat cops.

Political fallout will be more immediate than clarity on how many police officers and lawyers participated in a scheme that enabled dozens or perhaps hundreds of dangerous drivers to go free.

Sam Bregman, the appointed district attorney of Bernalillo County, is running in the Democratic primary election in June. A former defense attorney, Bregman has headed the prosecutor’s office for almost 15 months.

Sometimes voters demand a housecleaning after a scandal. Will they assign blame to Bregman for any of the unwarranted dismissals during his time as district attorney?

His opponent in the Democratic primary is Damon Martinez, a former U.S. attorney of New Mexico. Martinez or his surrogates might wield questions about Bregman’s diligence like a hammer during the decisive primary campaign. No Republican entered the race for district attorney, so either Martinez or Bregman will win the office.

If Bregman is vulnerable politically, so is Martinez. Though the U.S. Department of Justice cited a pattern of excessive force by Albuquerque police officers, Martinez as U.S. attorney from 2014-17 didn’t prosecute any cops in Albuquerque for unnecessarily battering or killing people.

But Martinez in 2014 displayed lightning speed in prosecuting Tommy Rodella, then the sheriff of Rio Arriba County.

A 26-year-old motorist said Rodella attacked him in an explosion of road rage. Indicted in August, Rodella was convicted the following month after a jury trial in Albuquerque.

Martinez was justified in his aggressive pursuit of Rodella. The question Martinez has never answered is why he didn’t show equal fervor in prosecuting bad police officers in Albuquerque.

Many cops in the state’s largest city were accused of abuses worse than the crime committed by Rodella, who served more than nine years in prison.

In several instances, the city of Albuquerque paid sizable amounts to settle civil lawsuits claiming its police officers used excessive force. Evidence in those cases was as good or stronger than what Martinez’s staff offered against Rodella.

Still, Martinez has an advantage in the campaign for district attorney. Cases he passed on years ago won’t register with voters as much as the ongoing scandal.

Bregman needs police officers to obtain convictions. He also should pore over their old cases to determine if he can salvage any wrongful dismissals. Doing so might prove embarrassing. Failing to do so might be political suicide.

This won’t be a typical race for district attorney. Because of plea bargaining, elected prosecutors always claim a conviction rate of more than 90%. Bregman and Martinez have to persuade voters they can win cases while also policing the police department.

It’s harder than it seems. Montaño, one of the officers forced out by scandal, just wrote a self-pitying resignation letter. But he once came across as a dedicated cop whose only interest was keeping people safe.

Montaño was courteous and professional in 2018 when he arrested then-state Rep. Monica Youngblood on suspicion of aggravated drunken driving.

Youngblood, R-Albuquerque, gratuitously told Montaño she was a legislator, an intimidation tactic that buried her after police video of her arrest became public. A judge convicted Youngblood, and soon after she lost her bid for reelection.

Montaño went by the book in that case. Only corrupt insiders knew Youngblood got what she deserved while many others got away.

Ringside Seat is an opinion column about people, politics and news. Contact Milan Simonich at msimonich@sfnewmexican.com or 505-986-3080.

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