Albuquerque Journal

DA Bregman has his own conflicts in DWI scandal

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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

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