DA Bregman has his own conflicts in DWI scandal
A March 21 op-ed by former U.S. Attorney David Iglesias indicates that Bernalillo County District Attorney Sam Bregman should have recused himself from the dismissed DWI cases because when he was a defense attorney, he himself had DWI cases dismissed involving one of the main APD officers currently under investigation.
The op-ed, however, does not list these cases. I can.
On March 22, APD Officer Joshua Montano resigned from APD. He is one of the main APD police officers being investigated by the FBI regarding the DWI case dismissals.
The U.S. attorney informed DA Bregman about Officer Montano’s ethical issues on Jan. 2. There exist three DWI cases where: 1) Bregman was the defense attorney at the time; 2) all three cases were dismissed; and 3) they all involved APD Officer Joshua Montano.
The cases are listed as DW 19-1985, DW 17-2324, and DW 16-637. In other words, 100% of the DWI cases that then-defense attorney Bregman had with APD Officer Montano were dismissed.
The DA’s Office has jurisdiction over investigating APD public corruption. Consequently, the DA’s Office should investigate the DWI scandal in partnership with the FBI and U.S. Attorney’s Office when it is determined that there are issues better left to state investigation.
However, the dismissed DWI cases and the entire matter now has a cloud over it because of DA Bregman’s direct involvement and that he failed to immediately mention his involvement with APD Officer Montano.
The DA’s Office should have a grand jury investigation looking into all DWI cases involving Officer Montano that were dismissed. In this situation, however, DA Bregman’s three prior DWI cases will come up. Therefore, assistant DAs can’t investigate their own boss who is the DA.
This is the actual conflict situation that DA Bregman has shamefully placed our community in by not recusing himself.
JOHN DAVIS JR. Retired supervisory agent, Department of Homeland Security/Customs
Long Lane, Missouri