| SUBSCRIBE | | Why we charge |
|
|
|
Front Page
opinion guest_columns
Monday, July 07, 2008
APD Has Safeguards for Victims, Suspects
By Raymond Schultz
Albuquerque Police Chief
Your editorial of July 2nd states, “APD, DA must answer some hard questions.” Here are some of those answers.
Let me begin by stating that I am extremely proud of the work that is done each and every day by the men and women of the Albuquerque Police Department. These officers, detectives and civilian support employees do a job that most people cannot or will not do. They respond to tragic situations and deal with the worst that society has to offer, 24 hours a day, seven days a week. When personnel respond to a violent crime scene, they do so with only one goal, “Hold the person responsible for the act accountable.” We do not arrive at any scene with any preconceived notions of what occurred. As a 26-year veteran of law enforcement, I know that things are often not as they may appear. The stories of the victims, witnesses and suspects may or may not be accurate, the evidence alone may not tell the whole story, and even after every detail is examined and re-examined, we still may not know exactly what happened. That is what occurred in the case of 11-year-old Victoria Sandoval. After all, this case is about her, the victim.
When APD responded to the scene of Victoria's murder, we did not respond alone. A team of highly trained experts responded as per normal protocol. Detectives, criminalists, the district attorney and an investigator from the office of the medical investigator all responded as part of the investigative team.
Nothing starts until all members of the team are present. All hear the initial briefing and conduct the scene walk-through. It is this process that has allowed us to be successful in identifying the suspects in these types of crimes more often then not. Before any collection of evidence begins, a search warrant is drafted by the on-scene detective, reviewed by the assistant district attorney and reviewed and approved by a judge. As the case progresses, the district attorney is kept apprised as to the status of the investigation. Eventually, evidence is presented to a grand jury, as was the case in this investigation.
The Albuquerque Police Department utilizes standardized and approved evidence collection and interrogation techniques in the performance of our duties. As a five-time nationally accredited police department, we exceed the normal standards. Detectives are trained and certified by the “Reid School of Interviewing and Interrogation” (referred to by the United States Supreme Court in Stansbury v. California). Interviews are conducted by at least two detectives and video/audio taped. This evidence is always made available to the criminal defense team.
In the case of Robert Gonzales, even after his confession, neither the Albuquerque Police Department nor the District Attorney's Office stopped the investigation. We continued to conduct interviews and analyze evidence. It was the Albuquerque Police Department who made the DNA match to Israel Diaz. We (APD) then notified the District Attorney's Office, which in turn notified the defense team of Robert Gonzales. Again, our investigation did not stall; we now had to see if Gonzales and Diaz were connected, an obligation we had to Victoria and her family. When it was determined that no link could be established, Mr. Gonzales was released.
When asked why the DNA match took so long, the answer is because there was no DNA in the database from Diaz to be matched with. His DNA was not submitted until April of this year after his arrest in another unrelated case.
In his editorial of July 3rd, Mr. Buckles labels his client as “retarded” and states that “Retarded and youthful suspects are like putty...” — not necessarily true. Mr. Gonzales was afforded all rights and protections under the constitution. There were numerous reasons why Gonzales was a person of interest in the early stages of the investigation. Gonzales knew the victim, described her as his girlfriend, and had a “relationship” with Victoria. Throughout the course of the investigation detectives learned that Gonzales had a learning disability, but retardation was never brought forward as an issue.
Without question, law enforcement and the rest of the criminal justice system have a tough job to do, and no one knows that better than we do. We have a system that has numerous safeguards in place: continuing independent investigations, regular case and evidence review, case debriefings, the utilization of internal and external analysis and expert review. We know what is at stake for everyone involved, whether it is closure, accountability or vindication. The family of the victim and the community want justice, and the suspect wants a fair and impartial investigation. We recognize that it is our responsibility to do the best we can for everyone involved, and we did exactly that in the case of Victoria Sandoval and Robert Gonzales.
...go to bookmarks
E-mail Story
Print Friendly
