Albuquerque Journal

Board votes to suspend officer who lied to paper

Reprimand urged for APD spokeswoma­n

- BY RYAN BOETEL JOURNAL STAFF WRITER

Albuquerqu­e’s Police Oversight Board voted unanimousl­y to recommend that a former police spokesman be suspended 80 hours for lying to the Journal about the department’s handling of a tip that a man tried to kiss Victoria Martens months before the 10-year-old was raped and killed.

The board also voted that a department spokeswoma­n receive a letter of reprimand for her role in the spread of misinforma­tion. And it said it will recommend that Albuquerqu­e Police Department develop a policy for handling referrals from the Children, Youth and Families Department.

In January 2017, officer Fred Duran told a Journal reporter that APD detectives had investigat­ed and interviewe­d Victoria and her mother after getting a tip from CYFD that an adult man had tried to kiss Victoria.

The department had gotten the tip but never investigat­ed.

Paul Scotchdapo­le, an investigat­or with the Civilian Police Oversight Agency, said that in November and December, Duran was in meetings along with the Chief Gorden Eden, where he learned that APD didn’t investigat­e the CYFD referral.

Duran had insisted to the Journal that detectives did do those interviews. He also told other lies to the Journal, Skotchdapo­le said, about police procedures and laws when pressed by the Journal about why,

if detectives had investigat­ed, they didn’t make any reports.

“These lies about APD following up on a referral were printed, making the citizens believe that APD had in fact followed up on a referral and everything had been done by both agencies properly, and nothing could be further from the truth,” Skotchdapo­le said.

The board’s recommenda­tion will now go to Eden, who will have final say on how to discipline his employees. If he disagrees with the board, he’ll have to explain why in writing.

Victoria was raped and killed in August 2016 in her family’s West Side apartment. Her mother and two others have been charged in connection with the crime.

Before her death, CYFD had received tips of suspected abuse or neglect against Victoria and her brother, and the department notified APD of those tips.

Duran told the Journal that police couldn’t take action against a man who had tried to kiss Victoria because it wasn’t a crime, and that the person would have actually had to kiss her for it to be a crime. He also said police didn’t have probable cause or a warrant to continue their investigat­ion into the matter after their initial interview with the Martens family.

Scotchdapo­le said attempting to kiss a child would have been an assault, a petty misdemeano­r. He also said Duran lied to the Journal about probable cause requiremen­ts police have to follow when doing investigat­ions.

“APD should have absolutely investigat­ed this referral,” he said. “There was a reported crime committed. And it should have been investigat­ed.”

Joanne Fine, chairwoman of the POB, asked Skotchdapo­le if Eden colluded in the spreading of the false informatio­n, and Skotchdapo­le said he couldn’t answer because he didn’t interview Eden. The investigat­ion was launched after a private citizen filed a complaint against Duran and Celina Espinoza, a spokeswoma­n, after reading Journal reports about the CYFD referrals.

After printing misinforma­tion in Journal, the paper wrote an accurate story in March after continuing to press the police for details about the investigat­ion.

The board voted to give Espinoza a letter of reprimand. She was not involved in meetings at which Duran was told that police didn’t investigat­e the CYFD referral. But she didn’t tell the Journal that the January 2017 story was inaccurate after it was published.

The CPOA found Duran violated a police policy concerning conduct of an officer.

“This investigat­ion was not about what APD chose to do or didn’t do relative to Victoria Martens,” Fine said. “This was about lying.”

 ??  ?? Officer Fred Duran
Officer Fred Duran

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