Countdown to Wrongful Conviction Day: Friday, October 2, 2105; 30 days. For information: http://www.aidwyc.org/wcd-2015/
PUBLISHER'S NOTE: The allegation that the Albuquerque Police department maintains an "independent database" - if proven true - is a matter which should be of great concern to the public and the courts. Such an allegation can deeply impact on public confidence in the administration of justice if the police are suspected of using their independent database (read 'secret') to avoid disclosure obligations - and to protect the department and the city from law suits such as that brought by Mary Hans' family. Such a practice, if proven, would be hinder police accountability to the public - and perhaps also to those who are responsible for running the force. One thing is clear. The city cannot investigate itself. Nor can the police be allowed off the hook. It is up to the courts to use their inherent powers to get to fearlessly the heart of the matter - no matter where the trail may lead. The allegation, though unproven, also suggests that out of caution, the actions of the Albuquerque Police in the Han investigation should be submitted to the utmost scrutiny. Trust in the police and the justice system is at stake.
STORY: "Mary Han attorneys file motion for city, APD not to destroy databases with high-profile case info," by reporter Blair Miller, published by KOB on August 28 2015.
GIST: "Attorneys for the family and estate of Mary Han filed an emergency motion Wednesday in Bernalillo County District Court asking the court to require the city of Albuquerque and APD to "immediately preserve electronic information" related to her case and many other high-profile APD cases that have been stored on APD public records hard drives. The motion from Han's lawyers says they were informed Tuesday that APD has an independent database that stores the information that is backed up on hard drives and CDs. Reynaldo Chavez, APD's records custodian, signed a sworn affidavit Tuesday saying he believes the "database will most likely be destroyed now that it is out of his possession." Chavez and two other public records employees were placed on administrative leave in April. Chavez said the next day the department has not laid out specific reasons for the investigation against him or the other two employees. He hired a lawyer to file a whistleblower lawsuit against APD, though that has yet to be filed. His sworn affidavit says Deputy City Attorney Kathy Levy "has taken deliberate action to prevent [Han's estate] from obtaining relevant information concerning Ms. Han's death and the involvement of [APD] personnel." He says he was told by Levy in 2012 not to provide all the information from the investigation to Han's family......... Han's attorneys emailed lawyers for the city Tuesday requesting they agree to prevent the destruction of the database, but did not receive a response by Wednesday, which is why they filed the court motion. Han was found dead in her garage in 2010. The family sued the city, but a judge dismissed the case. The family sued the Office of the Medical Investigator on Aug. 3."
The entire story can be found at:
http://www.kob.com/article/stories/S3891891.shtml?cat=500#.VeHTQC5MH2z
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
