Open Space Work Ends

I quit doing volunteer work in the Open Space in early September 2009. I had enough of the harassment. Besides the contacts noted on the blog, there were several contacts that weren't mentioned. For example, on one occasion two officers on mountain bikes showed up on Juan Tabo Road, stopped and yelled taunts at me. On another occasion my 2005 vehicle was tagged as an abandoned vehicle. Meaning, a large orange tag was placed on my driver side window saying if my vehicle was not moved within 72 hours, it would be towed. Considering my vehicle was properly parked, fully registered, insured, with no indications of being an abandoned vehicle, like damage, uneven color patterns, missing parts, etc., the tagging of my vehicle was obvious harassment.

I have not been back since and do not intend on doing so. For me, the Open Space project had become a drug. I loved doing it and I loved being outside. So going back there could possibly draw me in - again. No thank you. In any case, my 600 to 700 hours of work resulted in removal of tons of trash, removal of most tumbleweeds, goat head and Kochia plants (all non-native invasive plants), improved walking trails, and erosion control. And the personal satisfaction of giving back to the community. Also, I got to meet and know many people (and their dogs) in addition to learning the names of many of the plants growing in the area. Just wish I had been able to keep the rabid animals (APD) away.

Why, APD, Why?

Why APD, Why? On February 6th I was minding my own business when one of your officer's came along, saw my parked car, made a decision that it was illegally parked, got on a bullhorn calling out to me a quarter mile away to return to my car. When I arrived I was told I couldn't park my car at that location to which I replied, "Bullshit". The cop pointed at a sign 50 feet away that said: No Vehicles Beyond This Point, as evidence of my illegal parking. Since I was parked 50 feet in FRONT of the sign, I told the cop he was wrong to which he responded I was getting cited: Vehicle Trespassing on Open Space, a criminal misdemeanor. Fortunately I had a camera to capture the situation but didn't need it to beat the citation. The law requires an "Open Space" sign to be posted (there wasn't), nor was I parked on Open Space land anyway as the boundary (based on survey stakes) lined up with sign mentioned above which was 50 feet away. Pissed-off the Mayor, the APD and the cop that I got away with a "contempt of cop" charge. Or so I thought. I filed a complaint with city Police Oversight Commission against the cop which is still active. Then who do you think shows up on May 15th at the Open Space, yep the cop I filed the complaint against (although I didn't know it until later). This time he comes to stalk and observe, moving his vehicle three different times, getting closer with each move and TRESPASSING on adjacent private land in the process. I captured all of this on film. After waiting about 40 minutes I went to get a closeup of the vehicle ID number, that's when the cop steps out to stop me. Seeing "the cop" shocked me but I got off two shots with my camera before retreating. Then on Monday I spotted a cop vehicle parked across the street from my house and yes, took pictures. How can a city where the crime rate is above the national average (Crime Statistics) have cops running around harassing an old retired soldier who volunteers in City Open Space picking up garbage, pulling tumbleweeds, maintaining trails and a host of other issues, and oh yeah, putting up with rogue cops, one of whom is unable to understand the word, "beyond", and that one is a supervisor. Go figure.
Why, APD, Why? Why, Mr Mayor, Why?

Complaint Filed Against Rogue APD Officer

Today I filed a formal complaint with the City of Albuquerque's Police Oversight Commission against APD Officer Mark Dietz. This is the second complaint I've filed against him. The first was for wrongful detention and violation of civil rights stemming from a "contempt of cop" citation issued me for Vehicle Trespassing on February 6, 2009 that made the front page of the Albuquerque Journal newspaper on February 16. That complaint against him is still active. Follow this link for additional details: APD Cites Volunteer for Contempt of Cop. This latest complaint stems from a stalking/harassment issue perpetrated by Officer Dietz this past Friday, May 15, 2009. Officer Dietz purposely and willfully sought me out with the obvious intention of intimidating/harassing me. An article about this incident was published May 15 on this blog (Incident #3 Officer Dietz and I Meet Again).

It is obvious that the City of Albuquerque tolerates rogue cops and given the numerous reported allegations of improprieties and wrongdoings about our Mayor (Mayor for Life, Hugo "Marty" Chavez) its no surprise. Read more about the The Almighty Alcalde here: Eye on Albuquerque.

Incident # 3 Officer Dietz and I Meet Again

Officer Dietz is a supervisory cop who issued me a criminal citation in February. You can read all about the incident if you like, it's the first story on this blog. Even though the citation was dismissed at the request of Officer Dietz, I ended up filing a complaint against this guy with the City. We met again today in the Tijeras Arroyo Open Space while I was doing some volunteer maintenance work.

Today as I was walking down a trail on my way to do some work I noticed a cop vehicle - the type that supervisors use, parked on the other side of the arroyo. The cop vehicle changed locations several times and kept getting closer, finally choosing a vantage point (on posted private property) to view me. The vehicle continued to remain in the area and after about 40 minutes I walked towards it as I wanted a picture. Once I got within about a hundred feet the cop got out - it was Officer Mark Dietz, the dumb ass cop who illegally cited me for trespassing and whom I had filed a citizen complaint against with the Police Oversight Commission (CPC# 072-09) for violating my rights. He told me not to come closer. I told him all I wanted was a picture and asked him why he was harassing me. He repeated "don't come any closer" and "stay back" several times and did so in a calm controlled voice so he will always look like the "good" guy when someone reviews his belt tape recording. Of course cops can also use this procedure to bait someone. Anyway I took my picture (fortunately I have a built in telephoto so I was able to capture enough detail)and returned back to where I was working. Dietz too decided to leave, no doubt because he had been caught red handed "harassing" me. Actually I think the word "intimidation" is a better and a more correct term especially given there is an active complaint pending against him. In any case this dumb ass cop has a bone to pick with me so I'm not real comfortable since he has a badge & weapon and I don't. I do believe he would love to "put me down" if he had a chance. I think he was hoping I would go in the attack mode so he could "defend" himself. Sorry Dietz, I'm not falling for it.

Can You Legally Cuss the Cops?

Like it or not, you can swear at a police officer. Now don't get me wrong, I don't go out of my way to cuss them nor do I swear at them if asked a simple question but as soon as I detect wrongful behavior or "attitude" on their part I let them have it. Swearing at a police officer may be disrespectful, but it's not criminal. The courts have sided with citizens and rightfully so. The APD is schooled on this subject at the Academy, see this article done by their legal instructor: www.dps.nm.org/training/docs/Legal_Update_in_NM.pdf. By the way, I do not have a history of hassling cops. Never been arrested and no, never had any problems with my neighbors, just the cops who have tried to give me grief. Now I'm out to give them some oversight which it seems they need. A badge does not give them the right to tell a citizen what to do; they have to comply with the legislated laws just like anyone else. Most people will automatically comply with a cop EVEN if they know the officer is wrong. These spineless citizens willingly give up their Constitutional rights thus reinforcing the "bully with a badge" mentality of our police forces. Now I'm sure some "law and order" types might find that cussing a cop IS "criminal" despite not being codified as such. Thank God we have a Constitution to protect us from those types too. An article regarding resisting the police: http://politicalinquirer.com/2008/06/25/resisting-unlawful-arrest-constitutional-legal-and-our-duty/

Although you can legally cuss the cops, its not recommended. IF you have done something wrong then it will surely earn you a citation plus a judge is not likely to lessen the charge or penalty. And IF an officer violates your rights and you cuss them then your chances of winning a lawsuit are decreased because its highly likely that the officer is recording the conversation and a jury may be offended especially if the officer is being professional and talking respectively (which they usually do because the recording will be heard by their supervisors).

Incident Number Two - April 19, 2009

I was again doing some volunteer work in City Open Space when I noticed a trespassing vehicle. I used a visitor's cell phone to contact the police to report the violator. When the cop arrived he stopped by me to ask some questions which I answered. I then made a comment that "he needed to cite" the trespassor. I unknowingly "raised" my voice when I said this and the cop asked my "why was I raising my voice at him". Needless to say I had a few choice words for him in which he replied that if I didn't cease he would arrest me for "disorderly conduct" which happens to be the "contempt of cop" weapon of choice. Pictures of the offending vehicle and the offensive APD officer. By the way, the cop did nothing, didn't even get out to check the trespassing vehicle's license number, whether there were dead bodies in it or not, nothing - let it go without even a word. This cop is a supervisor too. When you talk to an APD officer, make sure you get on your knees, bow and of course say "pretty please" to get them to do their job.

APD Cites Volunteer for Contempt of Cop

On February 6, 2009 I was cited by the APD for "Vehicle Trespassing", which happens to be a criminal misdemeanor. Why was I cited? Because I committed two serious offenses in the eyes of law enforcement: (1) I disagreed with a cop's judgement and (2) used profanity. Thus I had committed the unofficial but serious offense of "Contempt of Cop". The trespassing charge was dismissed on February 20th. It seems the DA refused to prosecute the case because no violation had taken place; the citing officer, "errored". Although in an official statement to the Albuquerque Journal, published February 26th, APD stated the reason for dropping the charge was "confusion of posted signs". Confusion!!! I was parked 50 feet in FRONT of the sign shown in the newspaper. The real kicker, this happened while I was doing volunteer work on City of Albuquerque Open Space property. This incident made the front page of the Albuquerque Journal on Feb 16, 2009. Link: ((http://www.abqjournal.com/cgi-bin/decision.pl?attempted=www.abqjournal.com/news/state/16117414449newsstate02-16-09.htm) .

There is also a video available of the incident (does not require a password): http://abqjournal.magnify.net/video/Man-Volunteers-Over-300-Hours