Feds confirm investigation of body cam allegations against APD

Federal officials on Thursday said they are conducting a criminal investigation of allegations that Albuquerque Police Department employees altered and deleted body camera video. The Department of Justice has received “several requests” seeking a criminal probe, Elizabeth Martinez, a spokeswoman for the U.S. Attorney’s Office in Albuquerque, said in an emailed response to questions from […]

Feds confirm investigation of body cam allegations against APD

Federal officials on Thursday said they are conducting a criminal investigation of allegations that Albuquerque Police Department employees altered and deleted body camera video.

The Department of Justice has received “several requests” seeking a criminal probe, Elizabeth Martinez, a spokeswoman for the U.S. Attorney’s Office in Albuquerque, said in an emailed response to questions from New Mexico In Depth.

“The Justice Department will decline to comment further due to its ongoing investigation into this matter,” Martinez wrote in a rare public confirmation of a federal criminal investigation.

APD referred a reporter to Mayor Richard Berry’s spokeswoman for comment. She did not immediately respond.

District Attorney Kari Brandenburg and the city’s citizen police watchdog group asked for a federal investigation after Reynaldo Chavez, APD’s former records supervisor, accused APD employees and higher-ups in a sworn affidavit of a scheme to alter, delete and leave out of police reports mentions of videos that would be damaging to the department’s reputation.

Chavez’s allegations — which included statements that video showing the events surrounding the 2014 fatal shootings of 19-year-old Mary Hawkes and law enforcement informant Jeremy Robertson had been altered or deleted — roiled the city after NMID reported on his affidavit Nov. 18.

Chavez said he reviewed copies of the videos from officers’ body cameras and business surveillance cameras provided to Hawkes’ and Robertson’s families and determined they had been altered.

Police and city officials have had little to say about the claims from Chavez, who was fired last year. City Attorney Jessica Hernandez told the City Council on Nov. 21 that an initial review of department records showed no wrongdoing. And the department’s spokesman, officer Fred Duran, told KOAT-TV and the Albuquerque Journal that officers do not even have the capability to alter or delete videos.

But records obtained and reviewed by NMID suggest that officers have broad powers to change and delete video — and have done so. In a sworn, videotaped deposition, APD Detective Frank Pezzano testified in October that he altered video from officers’ body cameras and other sources such as surveillance cameras, including in the Hawkes shooting case.

Pezzano also revealed that he and others have used several software programs apart from the department’s cloud-based video storage system to manipulate video.

Also, documents obtained by NMID from a source show that dozens of APD employees, including Pezzano, handled videos inside the cloud from the April 2014 morning when then-officer Jeremy Dear shot Hawkes. The employees watched the videos, made copies of them and, in some cases, edited portions of the footage.

It is not clear whether anything described in the deposition or in the video “audit trails” reviewed by NMID constitutes criminal wrongdoing.

Neither the deposition nor audit trails definitively answers a host of outstanding questions, including whether original, unedited videos from critical incidents still exist in APD’s system, or whether videos the department has shared with prosecutors examining fatal shootings and other, more mundane cases have been changed.

Those and other questions have loomed over APD since last month, when Chavez’s claims spilled into public view.

Bending to pressure from a city councilor, Mayor Richard Berry’s administration has agreed to hire an outside investigator for an administrative review of Chavez’s claims. That inquiry is separate from the Justice Department’s criminal investigation.

Hernandez told the City Council on Nov. 21 that APD’s system maintained original videos from officers’ body cameras and that a preliminary review she conducted with the department showed no evidence to support Chavez’s claims.

NMID’s review of records appears to support Hernandez’s contention that original videos still exist, although the documents do not provide details about whether videos uploaded to the cloud had been altered beforehand.

In a brief interview last week, Hernandez would not repeat the claim about original video. And she declined to concede that APD employees have the capability to alter videos.

“I don’t have any position right now on the results of this investigation,” she told NMID. “I think we need to wait for this independent person to do that review. And then they’ll be able to answer all the detailed technical questions.”

Pezzano, a crime scene investigator who was once assigned as a “forensic video technician,” was named in Chavez’s Oct. 28 affidavit as one of several agency officials who had altered police camera videos. Chavez’s affidavit is part of a public records lawsuit filed against the city of Albuquerque by Hawkes’ family.

In his affidavit, Chavez said much of the department’s video altering took place in Evidence.com, a cloud-based video storage system APD purchased along with hundreds of body cameras from Taser International, Inc., in 2013. A user manual details how anyone with system administrator privileges can blur entire videos or portions of them, delete videos wholesale or in part, and remove audio.

Three days before Chavez signed his affidavit, the family’s attorneys sat down with Pezzano in Albuquerque for a five-hour deposition as part of a separate civil rights lawsuit the Hawkes’ family has filed.

Pezzano did not respond to Chavez’s specific claims during the deposition, which runs to more than 170 pages.

Instead, Pezzano described his alteration of the videos as attempts to “clarify” them, according to the deposition. Using a software program called VideoFOCUS Pro, Pezzano sought to enhance surveillance video of Mary Hawkes running through a Southeast Albuquerque carwash minutes before she was fatally shot by Dear.

In addition to trying to “clarify” video of Hawkes to show that she was armed, he created several still frames from that video, which were later distributed to the news media, he said in his deposition. Neither the carwash video nor Pezzano’s still frames answers whether Hawkes was carrying a gun.

Officers in jobs like Pezzano’s and other APD employees used software outside the Evidence.com system to alter video, according to Pezzano’s deposition. In some cases, that video came directly from officers’ body cameras and other sources, such as surveillance video. Officers also downloaded video from Evidence.com, then used other programs on laptop computers to change those videos.

Pezzano said in his deposition that he and others were often ordered by their superiors to review videos from critical incidents such as police shootings for anything “relevant,” then burn portions of the videos onto discs. It is not clear from the deposition what was done with the discs.

According to his deposition, Pezzano could not recall whether he was asked to “clarify” any body cameras from the officers who witnessed the shooting or the events surrounding it.

APD has not responded to multiple requests by NMID to interview Pezzano. The department has ignored detailed questions about its handling of body camera video.

Chavez claimed in his affidavit that video from three witness officers — Daniel Brokaw, Tanner Tixier and Isaac Romero — had been either altered or partially deleted. He also said the Evidence.com system automatically creates an “audit trail” showing who has accessed videos.

Audit trails from the Hawkes shooting case obtained by New Mexico In Depth show that Pezzano was one of numerous APD employees who watched the three officers’ videos. The records also show multiple APD employees downloaded copies of those videos. Twelve individuals accessed video from Romero’s camera; 33 performed various functions with Tixier’s; and 42 employees accessed Brokaw’s.

The documents show homicide detectives, Internal Affairs investigators and records staffers shared the videos among each other, watched them and made copies. That’s to be expected, given the multiple investigations launched and intense media scrutiny after every police shooting. Officers and civilian employees from numerous other divisions within the department also accessed the videos. For example, the police union vice president accessed video from Tixier’s and Brokaw’s cameras on Oct. 15, 2015 — a year and a half after the Hawkes shooting.

The audit trails do not indicate what employees did with copies of the videos they downloaded from Evidence.com.

In his deposition, Pezzano said video from Tixier’s and Brokaw’s cameras suffered from poor resolution and other issues, making it difficult to see what was happening

Along with the audit trails, NMID also obtained a log sheet of videos from the Hawkes shooting. Missing from the log sheet were any videos from Dear, the officer who shot Hawkes, and two other officers who either witnessed the shooting or arrived at the scene in its immediate aftermath. Both of those officers have said they believed their cameras were turned on at the time of the shooting, but there is no record of any video from them.

A city-commissioned analysis from Taser showed that Dear’s camera was functioning, but APD has said it did not capture video of the shooting.

The city fired Chavez last year after temporary employees alleged he and others in the records division harassed them. Chavez says he was fired for raising concerns about how the department handled public records requests, and he has since filed a whistleblower lawsuit against the city.

NMID will update this story if the city responds to a request for comment. 

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
Economic Development Department announces Energy Transition Act funding awards

Economic Development Department announces Energy Transition Act funding awards

Funding to assist with economic development following the closure of the San Juan Generating Station will be distributed to four projects in San Juan,…
BLM increases what companies must pay to extract oil and gas 

BLM increases what companies must pay to extract oil and gas 

The U.S. Bureau of Land Management announced a new rule Friday governing onshore oil and gas production that advocacy groups say will help protect…
Court hears arguments in oil and gas pollution case

Court hears arguments in oil and gas pollution case

A district court judge heard arguments Friday about whether to dismiss a lawsuit that could have major implications for the oil and gas industry…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

While the U.S. Supreme Court considers the future of access to the abortion medication, mifepristone, another lawsuit against the FDA that would expand access…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

While the U.S. Supreme Court considers the future of access to the abortion medication, mifepristone, another lawsuit against the FDA that would expand access…
Vasquez calls out Republicans for ‘inaction’ on border policy

Vasquez calls out Republicans for ‘inaction’ on border policy

U.S. Rep. Gabriel “Gabe” Vasquez, a Democrat who represents the state’s 2nd Congressional District along the U.S.-Mexico border, cosponsored a resolution on Monday calling…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
Politics Newsletter: Early and absentee voting

Politics Newsletter: Early and absentee voting

Good morning fellow political junkies! Early and absentee voting for the June 4 New Mexico primary begins in about a month. The nonprofit election…

Can the Albuquerque Police Department ever be reformed?

by Joshua Bowling, Searchlight New Mexico In the past decade, reforming the Albuquerque Police Department has cost nearly $40 million and generated 5,600 pages…
Politics Newsletter: Uncommitted primary voting

Politics Newsletter: Uncommitted primary voting

Hello fellow political junkies! Early and absentee voting in the New Mexico Primary begin on May 7. With many voters readying their choice for…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…

GET INVOLVED

© 2023 New Mexico Political Report