Attorney Protects Cop from Police Chief, Sheriff

Bully Cops May Cost Taxpayers

Al Unser Sr.’s attorney is now seeking to protect the APD officer who testified on Unser’s behalf against three Bernalillo County sheriff’s deputies. The attorney has also filed for possible civil action against the Sheriff’s Office, a move that could cost taxpayers.

Unser, 67, was dragged from his truck, thrown to the ground and handcuffed while on his own property last August. He was unaware a police roadblock had been set up nearby to catch a criminal a half a mile north of the property, attorney Robert McNeill says.

APD Officer Sam Costales, who was manning the roadblock, witnessed the deputies’ assault.
A few minutes later, they also arrested 72-year-old Bobby Unser who lived nearby, and who also was not aware of the roadblock. Bobby’s trial is set for Jan.31. Costales is expected to be a witness for him as well.

On Dec. 14, Sheriff Darren White contacted Police Chief Ray Schultz to express his disappointment that an APD officer would contradict his deputies’ testimony.

The same day Schultz announced he will subject Costales to an internal investigation, claiming Costales had not followed procedures in notifying the chain of command about the deputies and for wearing his uniform in court.

The Albuquerque Journal ran the announcement Dec. 15, what ended up being the last day of the trial.

A jury acquitted Unser on both misdemeanors.

This week, McNeill sent Schultz a letter challenging his actions:

“An investigation of Officer Costales for doing the right thing is objectionable for obvious reasons. For such an investigation to be announced while the trial in question is still underway makes the action even more egregious.”

McNeill also sent letters to District Attorney Kari Brandenburg and Attorney General Patricia Madrid, asking them to intervene.

He cited an email between White and James Badway, secretary of the Albuquerque Police Officers’ Association, in which Badway says "We are embarrassed and ashamed of Ofc. Costales's testimony in the Unser trial."

White responds:

“Like you, I was shocked and dismayed when I learned that Sam was on the stand sucker-punching our deputies. Make no mistake, while his testimony was a work of fiction, it was pretty much game over after he finished…Sam Costales is incapable of breaking the brotherhood that bonds these great agencies.”

McNeill wrote Madrid and Brandenburg: “It is evident that an orchestrated effort to persecute and discredit an honest police officer is underway. APD Officer Sam Costales is the target of retaliation because he conducted himself honorably and with integrity, and testified truthfully under oath.”

Blue Wall of Silence
McNeill wrote the email shows White and Schultz feel Costales violated the “blue wall of silence.”

He explained:
“This unwritten rule is sufficiently recognized as… ‘the name coined to describe the perceived propensity of police officers to unite by limiting their cooperation with investigators when one of their own is accused of impropriety.’

“Officers who refuse to testify against another police officer are said to be saying the ‘standard police answer,’ which is that they cannot recall anything that has happened.”

Madrid could not be reached for comment.

“I am concerned about a conflict of interest since our office was a party in the case, and I need to evaluate that,” Brandenburg says. “Perhaps the AG would be the person that would be in the best position to address their concerns.”

Price of Silence
This is not the first time Costales saw police brutality during his 23-year career. He witnessed police break arms, crack ribs, and bang a prostitute’s head against a wall, then file false police reports to cover their actions. Costales kept the code of silence, never reporting them.

He left the force three years ago, but was asked to return when the department was trying to increase officers on the street. This time, he promised himself and his wife he would not stay silent.

While he’s not formally representing Costales, McNeill promises instead of a blue wall of silence, “There will be a wall of attorneys if they punish him.”

Taxpayers Lose
McNeill says he has already filed notice under the Tort Claims Act to pursue civil action against the Sheriff's Office. Both Al and Bobby have faced bad press nationally and even internationally due to the arrests, he says.

“They have been the butt of jokes on Jay Leno, Time magazine ran a note about Al running a roadblock, Auto Week had a picture of both wearing prison outfits.

“That doesn’t help getting speaking engagements, and makes them subject to ridicule. It hasn’t helped the Unser Racing Museum either. It’s been totally unfair. I believe (the deputies) need to be held accountable.”

If he sues and wins, taxpayers will be the ultimate losers.

Comments

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I'd really, really, like to see someone from the union or other representative of the departments explain the rationale for only wearing uniforms when the department likes the testimony. That seems to me to speak to them not understanding the role of the police in our society: to uphold law and order and testify to the truth, not to manipulate or spin it to benefit the department itself.