Bernalillo District Attorney has now dismissed 195 DWI cases related to APD corruption probe

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The 2nd Judicial District Attorney’s Office has dismissed another 43 DWI cases related to a federal investigation into corruption at the Albuquerque Police Department.

Nancy Laflin, a spokeswoman for the District Attorney’s Office, said it had finished a review of all DWI cases related to APD officers being investigated. She said the total number of dismissed DWI cases is 195.

The last count given, on Jan. 19, was 152.

The dismissed cases were filed by DWI-unit officers Honorio Alba Jr., Joshua Montaño, Harvey Johnson Jr. and Nelson Ortiz — all of whom are being investigated by the FBI and APD in a corruption probe.

All four officers and Lt. Justin Hunt, who was formerly with the DWI unit, have been placed on paid administrative leave during the investigation. Local defense attorney Thomas Clear III and his paralegal, Ricardo “Rick” Mendez, have also been targeted by the federal investigation.

A Journal analysis found more than 100 DWI cases in which the officers dropped the ball — and the case was dismissed — almost exclusively when Clear was the defense attorney.

On Jan. 18, FBI agents raided the homes of Alba and Johnson along with Clear’s Albuquerque law office and the home of Mendez. There have been no charges filed or arrests. The federal search warrants are under seal. Those under scrutiny have not commented publicly.

Laflin said the DA’s office began reviewing DWI cases involving the four officers after the U.S. Attorney’s Office told them “multiple members of APD’s DWI unit have major integrity issues.”

“Unfortunately after this review, we had no choice but to dismiss 195 DWI cases because these officers were necessary witnesses to prove these cases beyond a reasonable doubt,” she said.

Laflin said not all cases involving the officers were dismissed, In some, the case can be prosecuted without having to call the officer to testify.

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