Albuquerque Journal

NM’s secret payoff in Omaree case isn’t accountabl­e to public

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The city of Albuquerqu­e agreed in 2015 to pay $5 million to settle a lawsuit brought by the family of James Boyd, a mentally ill homeless man who was shot and killed by Albuquerqu­e police a year earlier in the Sandia foothills. It was a case that made national headlines and ultimately led to the criminal prosecutio­n of two police officers that ended in a hung jury.

That same year, the city agreed to pay $6 million to settle a federal civil rights lawsuit over the 2011 shooting death of Christophe­r Torres, who had been diagnosed with schizophre­nia and was fatally shot in his own backyard when APD detectives in plaincloth­es confronted him while serving a warrant connected to a road rage incident. The Torres case also was the subject of national media reports about Albuquerqu­e police shootings.

In both cases, the dollar amounts paid by our government provide a measure of public accountabi­lity and an insight into the degree of misconduct by state and local agencies and their employees. They also tend to promote positive systemic examinatio­n and change. Sadly, nothing gets the attention of politician­s and elected officials like having to explain why they spent millions of taxpayer dollars on their mistakes.

Which brings us to another high-profile case that attracted national media attention: the beating death of Omaree Varela — a 9-year-old boy who had languished in an abusive home as the Children, Youth and Families Department failed to adequately investigat­e and take action to protect him. Moreover, when the boy called 911 for help six months before he died in 2013, the APD officers who responded didn’t listen to the call before visiting the home and concluding his was a “nice family.”

On Dec. 27, 2013, Omaree was found dead in the home, brutally beaten, with injuries to the head, chest, abdomen, back, right and left forearm and knee, mid-right shin and tongue. His body also showed signs of prior physical abuse, including burn marks and bruises.

Both Omaree’s mother and stepfather were convicted and sentenced to prison. Four APD officers were discipline­d and one was fired for failing to respond properly to earlier calls of possible abuse. And a lawsuit was filed against CYFD accusing social workers of failing to exercise profession­al judgment and bungling their oversight.

Unlike the Boyd and Torres cases, the total amount paid to resolve the lawsuit — to be divided among the three surviving children of Synthia Varela-Casaus, who said of Omaree “I kicked him the wrong way” — remains cloaked in confidenti­ality and confusion. The settlement was reached after two years of litigation in which the state argued there was no culpabilit­y or liability.

State Risk Management Division officials refuse to disclose the amount paid, citing an order by state District Judge Nancy Franchini of Albuquerqu­e sealing the settlement details. The specific reasoning for that is unknown because the sealing order is itself sealed.

There had been a request to seal guardian ad litem reports and amounts paid to protect the minor children from “predation by the public.” But the children — two minors and one adult — were never identified by name, only by initials. The money was paid to a trust to be held and distribute­d by a trustee for their benefit. Presumably all that would be subject to future oversight by the court, if required. While there are valid concerns about protecting minors, that would seem to be adequate protection from public “predation.”

What’s important is the balancing of interests here. Keeping the cost of the state’s negligence in a case like Omaree’s secret forever — how Risk Management as a practical matter is interpreti­ng Franchini’s order — is a disservice to transparen­cy and public accountabi­lity.

For better or worse, our system compensate­s victims with money. That means the settlement in a case like this is an important gauge of the negligence involved by public employees. The people who pay the bills and decide who runs our government are entitled to the truth.

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