Albuquerque Journal

Agency: Officer followed APD policy

Girl’s bloody underwear didn’t need to be kept for evidence, findings say

- BY RYAN BOETEL

The Albuquerqu­e police officer who failed to collect a 7-year-old girl’s bloodstain­ed underwear as evidence didn’t violate department policy.

But another officer didn’t follow procedures when he or she reported earlier child abuse allegation­s involving the girl to a state child welfare agency and didn’t see to it that the issue was also investigat­ed by law enforcemen­t.

Those are the findings outlined in a draft letter summarizin­g the investigat­ion by an agency that looks into citizen complaints against police.

The executive director of the Civilian Police Oversight Agency said in the letter that when presented with the girl’s underwear, the officer called Crimes Against Children Unit detectives, who said they had talked to the girl in

question and her brother and there was no proof of a crime so the clothing didn’t need to be collected. Months later, the girl’s relatives were arrested. Authoritie­s with the state Attorney General’s Office allege that the girl was forced into prostituti­on, and they have revealed that state child welfare and law enforcemen­t authoritie­s for years had been warned of possible abuse within the family, yet the girl was left in their custody.

The CPOA has completed its initial investigat­ion of a citizen complaint that was filed after the arrest of James Stewart and Teri Sanchez, both 38. In May,

Stewart was indicted on one count of human traffickin­g and multiple other charges, including criminal sexual contact of a minor and child abuse. Sanchez was indicted on five counts of child abuse and contributi­ng to the delinquenc­y of a minor.

Edward Harness, executive director of the CPOA, said the agency’s investigat­ions are limited to finding policy violations and not deeperroot­ed problems within the Police Department. He told a subcommitt­ee of the Police Oversight Board members last month that they could possibly use the case as an example to more deeply review police officers’ responses to child abuse cases.

The CPOA reports to the Police Oversight Board, a citizen volunteer board that makes recommenda­tions on policy to the Albuquerqu­e Police Department.

“It doesn’t answer all the questions,” Harness said of the CPOA investigat­ion. “That’s the board’s function in looking at trends and policy analysis.”

Harness also acknowledg­ed that the CPOA investigat­ion was limited because the police union didn’t waive a deadline the CPOA has for completing an investigat­ion into an officer.

Shaun Willoughby, president of the police union, said, “It was important for the officers involved in the case to ensure that the city of Albuquerqu­e, including the CPOA, fall within their respective timelines that everyone is very well aware of. That is a right that is bestowed on the officers.”

Harness said the case required CPOA investigat­ors to review police contacts with the family dating back to 2012 and interview at least 20 officers. The family lived in different hotels throughout the city, which further complicate­d the investigat­ion, he said.

Harness declined to comment further on the CPOA’s findings until after board members vote on whether to approve them, which is scheduled for next week.

The investigat­ion was launched when Jim Larson, a former Dallas police officer and U.S. Secret Service agent, filed a complaint with the CPOA alleging numerous lapses in the police investigat­ion of the family of Stewart and Sanchez.

The only policy violation the CPOA found was committed by a detective who was volunteeri­ng at the school when a teacher raised a concern about the girl’s well-being.

The detective, identified as “Det. S,” volunteere­d at the child’s school on Sept. 22 and Nov. 9 of 2017. During those days, a teacher approached the detective and reported the girl had recently said that her grandmothe­r held a knife to her throat and that the girl had stolen mail with her father.

The detective reported the case to CYFD.

The CPOA found that the detective violated one section of APD’s procedures regarding crimes against children, which says that referring a case to CYFD does not relieve an officer of the responsibi­lity of completing a criminal investigat­ion.

Harness, in the draft letter to Larson, said the CPOA determined many of his concerns were unfounded.

“I’m completely dissatisfi­ed,” Larson said of the CPOA’s investigat­ion. “I found it shocking. … I think there is substantia­l evidence that those kids should have been removed (from Stewart and Sanchez).”

In the years before their arrest, CYFD had received more than 20 tips about the family alleging emotional, physical and medical abuse and neglect. Two of the tips mentioned possible sexual assault.

Police also had prior dealings with the family. In November 2017, police were called to the girl’s school after her teacher, while helping her change clothes, noticed blood in her underwear. The teacher said in court that the officer threw away the clothes and said they couldn’t be collected as evidence.

The CPOA letter said that the officer first contacted detectives who told him not to collect the underwear. The officer said he left the school without taking them and doesn’t know what happened to them, according to Harness’ letter.

The CPOA’s review of the police investigat­ion is just one of the second looks after Stewart and Sanchez were arrested.

Mayor Tim Keller and Police Chief Michael Geier last summer announced that a police internal affairs investigat­ion would be completed. Keller said then that the IA investigat­ion would be made public. Gilbert Gallegos, a police spokesman, said late Thursday that five officers were found to have violated policies and they were discipline­d with either verbal or written reprimands or counseling.

Police haven’t provided the investigat­ion to the Journal through an Inspection of Public Records Act request.

Keller also said last summer that APD issued several special orders after Stewart and Sanchez were arrested, such as requiring officers to access a CYFD database when investigat­ing possible child abuse.

APD officials didn’t respond to questions Thursday about what affect the special orders have had in the past six months.

 ??  ?? APD Chief Mike Geier
APD Chief Mike Geier
 ??  ?? Mayor Tim Keller
Mayor Tim Keller
 ??  ?? Ed Harness
Ed Harness

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