Latest news with #KRQEInvestigates
Yahoo
21-05-2025
- Yahoo
Will DWI corruption criminals have to pay victims?
ALBUQUERQUE, N.M. (KRQE) – The public may never know exactly how much money was pocketed from the DWI corruption scheme that went on for decades in New Mexico. Now, victims of the scheme are suing the culprits in response. But as KRQE Investigative Reporter Gabrielle Burkhart reports, there's a hurdle in their path to justice. Latest from KRQE Investigates Will DWI corruption criminals have to pay victims? DWI corruption case: Why can't we see officers plead guilty in federal court? 'We're not done yet': FBI discusses future of DWI scandal as another APD officer takes a plea Take a look at the plea deals in New Mexico's DWI scandal Disgraced Albuquerque lawyer let off the hook in construction zone speeding case What the feds call the 'DWI Enterprise' has operated for decades behind the scenes in New Mexico's criminal justice system. Officers would refer their DWI arrestees to a defense attorney, who'd guarantee a botched criminal case for a price. So far, there are eight convicted criminals in the DWI corruption scheme, including a defense attorney, his paralegal, and six former law enforcement officers. How much money did they all pocket over the years? The public may never know that answer. But today, some of the victims of the corruption scheme are taking the criminals to civil court. 'This cop had put me in so much financial debt that I constantly have to continue borrowing money from my family,' Carlos Smith explained to KRQE Investigates in an interview last year. Smith was one of the first to come forward after news of the scandal broke in 2024, revealing how the scheme worked. His arresting officer, former APD officer Joshua Montaño, stopped him for speeding in 2023, charged him with DWI, then handed off his bracelet to defense attorney Tom Clear's office, where Smith recorded the offered deal from Clear's paralegal, Rick Mendez. Below is a transcript of a portion of Smith's interaction with who he says is Rick Mendez: Paralegal: If you need to get off of this –Smith: I do. Paralegal: Okay. You're at the right place. If you're one of those people that can live with it, then go hire a cheap We're not the cheapest. Smith didn't end up paying Clear and Mendez for their $8,500 guaranteed dismissal. Instead, he dealt with a pending DWI for months, until it was dismissed by the District Attorney's office last year after Montaño was no longer a trusted witness in court. Montaño, Clear, and Mendez have since pleaded guilty in federal court to Rico conspiracy charges, and Smith is suing them for civil rights violations. 'He needs to definitely pay for what he did to me and for anybody else that he did this to,' Smith said. However, in the latest courtroom twist, there's now another party involved; one tied to money that could go to potential victims, like Smith. Thomas Clear III's insurance company, Travelers Casualty and Surety Company of America, has now filed its own lawsuit in federal court. 'We have to go back to what is covered by these kinds of insurance policies,' explained Albuquerque attorney Deena Buchanan. Buchanan is not involved with this case in any way, but she has a lengthy track record litigating cases involving insurance companies. Buchanan explains what Travelers is doing with its lawsuit against both Clear and Smith in federal court. Travelers claims Clear lied on his insurance application while engaging in a criminal enterprise, therefore, the former defense attorney's insurance policy should be null and void. 'Every year we have to resubmit to the insurance company and we have to get an updated policy,' Buchanan explained. 'And they ask us a series of questions that just say, 'Hey, do you know of any claims that could be brought against you? Do you know of anything that you might have done wrong in the last year that you need to report to us?' Travelers is citing Clear and Mendez's federal plea deals, showing Clear admitted to running the DWI scheme in his law office since 1995. 'So Travelers looked at that and said, first of all, if this law firm was doing a criminal enterprise and it was using our insurance to cover it while it was engaging in this criminal enterprise, that contract of insurance is invalid,' Buchanan explained. KRQE News 13 reached out to the attorneys in Smith's case against Montaño, the City of Albuquerque, Albuquerque Police Department, and Clear and Mendez. KRQE also reached out to attorneys for Travelers, but none of the parties would comment on the pending lawsuits. 'The judge is going to have to decide, are the acts the same?' Buchanan said. 'And has the plaintiff made allegations that are negligence, just pure negligence that are covered by the policy? Or are all of the allegations really about the criminal conduct or the intentional acts?' What does this insurance lawsuit mean for victims who are now coming forward? KRQE asked Buchanan if there would be compensation for them. 'Well, you know, it's difficult in a civil action,' she explained. 'Even if there's no insurance, you can still go after someone's personal assets. When there's no coverage, it always raises the question of potential bankruptcy,' Buchanan added. Clear's law office was seized by the feds as part of its investigation into the criminal enterprise. And today, Smith isn't alone in coming forward. Other victims of the scheme have joined a class action lawsuit against key players in the criminal enterprise. And victims suing the government – meaning APD and the City of Albuquerque – Buchanan explains, that's a different story in civil court if the judgment goes their way. 'Yes, bottom line, the government would be responsible for paying,' said Buchanan. 'And our city has a lot of challenges right now, the police department has a lot of challenges right now, so it does concern me as a taxpayer that that's where the money would come from.' Each of these lawsuits is still making its way through the court process. Buchanan said in cases like the one involving Clear's insurance company, a judge could make a decision within a few months. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
13-03-2025
- Yahoo
Does the DWI corruption scandal weaken faith in law enforcement?
ALBUQUERQUE, N.M. (KRQE) — We've seen one law enforcement officer after another admit to breaking the law in exchange for money, all part of a long-running DWI corruption scandal. Civil rights attorneys argue that changing policies won't be enough to regain public trust. KRQE Investigator Gabrielle Burkhart explains why they're now calling for 'consequences at the highest level' and how law enforcement leadership is responding. Latest from KRQE Investigates Does the DWI corruption scandal weaken faith in law enforcement? Attorney at center of DWI scheme officially disbarred Second New Mexico defense attorney implicated in DWI scheme 'I have nothing to hide': APD Chief says he never worked in DWI unit, talks building trust Key ringleader in DWI scheme allowed to leave the country A now disgraced paralegal, Rick Mendez, was the first domino to fall in January. Later, his boss, former defense attorney, Thomas Clear III, admitted to leading the so-called 'DWI Enterprise' since 1995, conspiring with law enforcement officers from Albuquerque Police, the Bernalillo County Sheriff's Office, and New Mexico State Police to get DWI cases dismissed in court in exchange for cash, extorting people arrested by the officers. 'As a community, I think we just have to let this sink in, feel the gravity of what is happening,' explained Leon Howard, Interim Executive Director of ACLU New Mexico. The gravity of what's happening includes officers admitting they profited by breaking laws they were entrusted to uphold. 'Their motive was not to keep the community safe,' said Howard. 'Their motive was to make money.' A growing list of officers who are now convicted criminals include former APD officers Honorio Alba Jr., Joshua Montaño, Neill Elsman, and former BCSO deputy, Jeff Hammerel. All of them pled guilty in federal court to conspiracy, extortion, and bribery charges. 'Medina has been a part of this police department for a long time, and if he didn't know, he should have known,' Howard told KRQE. 'I just don't know of any position of leadership or something to this scale that can happen, and there not be consequences.' Albuquerque Mayor Tim Keller told KRQE he stands by APD's leadership. 'It takes a lot, I think, to be the team that cleans it up and owns it,' said Keller. 'And that's what we've done.' APD Chief Harold Medina argues he's been proactive and transparent when it comes to how his department is handling the scheme and weeding out corruption. 'Who's sitting here now, who has made sure that he has been as proactive as possible, started internal investigations like no other entity?' Medina said. 'I have interviewed everybody we possibly can,' said Medina. 'We have had several individuals quit. I don't know how much more proactive we could have been to address this issue.' In January, APD announced DWI unit reforms in response to the scheme, including entering missed court notices into APD's internal affairs intake system to determine why an officer missed court. Administrative changes include a new DWI Unit handbook, daily briefings, and a more reliable case tracking system. Chief Medina also signed a Special Order officially capping gifts to officers at $50. The order also prohibits 'any gift from an attorney they regularly interact with in court.' As for BCSO, Sheriff John Allen said he's hiring a compliance officer to monitor court cases with his deputies, and trusting the FBI to handle the criminal investigation. 'I want to find everybody in this agency, in law enforcement that is doing this nonsense, because it makes everybody around the nation look like crap,' Sheriff Allen said during a news conference last month. Meanwhile, New Mexico State Police Chief Troy Weisler said he's doing an internal probe as one of his most prominent DWI Sergeants implicated in the scheme remains on leave.'We'll have to go through the whole process and see what turns out on the other side,' Chief Weisler told KRQE during a February interview. 'But, you know, we will be working day in and day out to regain the trust of the community.' When it comes to accountability at the top, Chief Medina responded to claims that he should lose his job over this. 'I think that it's pretty unfair,' said Chief Medina. 'The Albuquerque Police Department has been the most proactive entity,' he added. 'Has the bar come with any kind of recommendations, how they're going to hold lawyers accountable?' Medina said. 'Has the courts decided we're going to have training, we're going to keep statistics on this? Paralegals – has anybody said, 'Hey, maybe we should have a process to vet paralegals?' Mendez was a felon. Had drug arrests, and he became a paralegal with this confidential information, all the ripe background for corruption,' Medina added. Chief Medina argues changes beyond law enforcement are also needed. 'I just wish the other parties involved in the criminal justice system did one thing to be proactive and ensure that they're also doing their part because this was not orchestrated by law enforcement officers alone,' said Medina. When asked if he's confident that a scheme like this cannot perpetuate moving forward, Howard replied, 'We can't say with a bit of confidence that this is the end of it, that nothing like this can happen again. There's a culture of corruption in this police department. It's been going on for decades.' While citizens have options when it comes to picking private attorneys, Howard argues the public just has to trust any law enforcement officer they may interact with on the street, during a reported crime, or on a traffic stop. Trust in the police is paramount. 'We all implicitly want to trust officers,' said Howard. 'They were lying and getting away with it. And so we all have to question ourselves and hold them accountable and not just take their word for everything they say.' Each former officer faces lengthy prison time with their federal charges, but they will likely be given a break for their cooperation. At least two civil lawsuits filed on behalf of victims of the corruption scheme are also making their way through the courts. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
11-03-2025
- Yahoo
Second New Mexico defense attorney implicated in DWI scheme
ALBUQUERQUE, N.M. (KRQE) – A second New Mexico defense attorney has been publicly identified and accused of taking part in a scheme to get accused drunk drivers off the hook. A New Mexico board that disciplines attorneys said Rudolph 'Rudy' Chavez was part of a public corruption scandal that dates back to 1995. According to state law, an attorney's law license may be suspended when the disciplinary counsel is investigating that attorney for an alleged violation of the Rules of Professional Conduct. On March 6, the state's chief disciplinary counsel filed a petition for summary suspension saying Rudy Chavez is under investigation, so it wants the NM Supreme Court to suspend him. In the document, the Disciplinary Board claimed Chavez worked with former Albuquerque Police officer Honorio Alba, Jr. and paralegal Ricardo 'Rick' Mendez to get an accused drunk driver's case dismissed. Story continues below Video: Wrong way high-speed chase on I-25 in Albuquerque ends in arrest Environment: ABQ BioPark moves some birds indoors to protect them from avian flu Real Estate: Private lake retreat listed for $3.1 million in Santa Rosa Both Alba and Mendez admitted in plea agreements that they worked with an unnamed Albuquerque criminal defense attorney, who the state's chief disciplinary counsel recently identified as Chavez, to get the case dismissed. KRQE Investigates obtained video from the DWI case in question, where Alba conducted a DWI stop on a Sunday night in April 2023. In the video, Alba is seen conducting a field sobriety test on a driver he pulled over on I-25 north near the Jefferson exit. Alba claimed the driver swerved in and out of lanes and almost hit other cars while traveling 90 miles per hour. Alba then arrested the driver, who later blew a 0.14 and 0.15 on the alcohol breath test, nearly twice the legal limit. At that time, the driver already had two DWI convictions on his record. From that arrest, he was facing a 3rd DWI offense, along with reckless driving, no proof of insurance, and possession of open container charges. According to the petition submitted to the New Mexico Supreme Court, the driver then hired defense attorney Rudy Chavez to represent him in the case—a move that caught the attention of federal investigators. The driver told KRQE Investigative Reporter Ann Pierret that he found Chavez from a Google search. He reiterated several times that Chavez didn't make any promises, or do anything that raised red flags, or would make him question the attorney's integrity. The driver told KRQE Investigates that he paid Chavez $8,000 to represent him, which he claimed was lower than other attorneys he spoke with. The driver added that Chavez told him the price was that high because it was his third DWI. The driver's case was dismissed in January 2024, and according to court documents, the decision was 'in the interest of justice.' The driver explained to KRQE Investigates that he had his suit on and was ready to go to his court hearing when Chavez told him the news of his case getting dismissed. The driver said he thought he was just lucky, until the FBI called him last year. He said he told investigators that he didn't know anything about a scheme. The federal investigation had shown some clients were left in the dark, but KRQE Investigates learned one way Alba carried out the scheme was by taking their driver's license and/or email and giving those items to Mendez. Mendez, who worked with Defense Attorney Thomas Clear III, would later contact the driver and in exchange for payment, help get their case dismissed by making sure officers missed their court appearances. In this case, the driver said Alba took both his license and email, but he said he never heard from Clear's law office. The petition for summary suspension submitted to the New Mexico Supreme Court requests that Chavez be suspended from practicing law. KRQE Investigates called and emailed attorney Chavez for a comment on the petition and did not hear back. The court previously revoked Clear's law license for being the 'mastermind' of the DWI dismissal scheme. In February, Clear took a plea deal, admitting that he worked with DWI officers from around the metro to funnel drunk drivers to his office and convince them to pay him thousands of dollars to get them off the hook. While looking through court records, KRQE Investigates noticed Chavez took over a number of Clear's cases after the feds raided Clear's law office in January 2024. The two also worked on several cases together going back to June 2006. The State Bar of New Mexico shows Chavez joined in 1981 and practices in Bernalillo, Sandoval, and Taos counties. Chavez's website mentioned The National Advocacy for DUI Defense, LLC recognized him as one of the 'Top 50 DWI Attorneys' in New Mexico. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
07-03-2025
- Yahoo
‘I have nothing to hide': APD Chief says he never worked in DWI unit, talks building trust
ALBUQUERQUE, N.M. (KRQE) – He served as an Albuquerque police officer before running the department. And now a federal investigation uncovered that officers were involved in a scheme to help get DWI cases dismissed throughout Chief Harold Medina's tenure. With some community members questioning if the chief could have been involved, he sat down with KRQE Investigative Reporter Ann Pierret to address the speculation. 'I'm extremely transparent, I'm extremely honest, and I have nothing to hide. And I will hit these allegations head-on with the truth,' Medina said. Related Coverage 'Unconscionable:' Mayor talks DWI scheme, expresses trust in Albuquerque police 'We held people accountable': Chief takes credit for ending DWI scheme within APD Former APD officer named in scheme now trains DWI officers for state of New Mexico Former U.S. Attorney speaks out on DWI Unit scandal 2 Albuquerque police officers who resigned amid DWI Unit scandal now working for CYFD Governor, state's top cop respond to DWI corruption scheme The chief said he had heard the talk that he worked in or oversaw the DWI unit before he became Albuquerque's police chief, even though he never did. 'I was not over the traffic section. I was the commander of the special operations division, which included the swat team, K9, EOD, which is bombs, horses, and the prisoner transport unit. So any personnel record of mine would reflect that,' Medina explained. Prior to that, the chief told KRQE Investigates that as a sergeant and lieutenant in the late 2000s, his focus was the 'party patrol'—an effort to crack down on underage drinking. 'We shared a grant with the Department of Transportation where I did underage drinking and Mothers Against Drunk Drivers recognized me for my work with underage drinking, not DWI. So people go through paperwork and they make incorrect assumptions, and the rumors spread and they spread. So I just want the public to know that is my background,' said Medina. The awards from MADD on the chief's resume caught people's attention because, as KRQE Investigates previously reported, the organization honored other APD officers implicated in the DWI dismissal scheme. One of the officers who was honored was Honorio Alba Jr. He confessed to his role in the scheme and told federal investigators that he funneled suspected drunk drivers to now-former Albuquerque Defense Attorney Thomas Clear III and his Paralegal Ricardo 'Rick' Mendez. The two then paid Alba Jr. in cash or other bribes to not show up to court hearings or to not file charges. KRQE Investigative Reporter Ann Pierret asked Medina if he knew Mendez or Clear III. Medina: 'Have no clue who Rick Mendez was. Never dealt with him.' Pierret: 'Did you know Thomas Clear at all?' Medina: 'No. I remember him from court.' Court records show that Attorney Clear III handled six cases in which Medina was involved from 1999 to 2004. Of those six cases, two were dismissed. KRQE Investigates looked through the court dockets and saw that they did not contain explanations for the two dismissed cases, likely because they're two decades old. 'There's nothing there. Keep looking. And I just have nothing to hide, and I will asking them to find everything, my team, to find everything they can on my cases. And I will publicly release that. I have nothing to hide,' Medina said. Story continues below Weather: PNM to shut off power in the East Mountains due to high winds Don't Miss: KRQE becomes home for New Mexico United matches Video: Police investigate January crash that injured 6 people in Albuquerque According to APD, Medina is one of more than 635 law enforcement members who investigated or were witness officers in dismissed cases involving Tom Clear III. The department added that the cases could have been dismissed for a number of reasons and that they are working to get KRQE Investigates the case files involving Medina. The chief added that since he didn't serve in the DWI unit, he was never the arresting officer in those cases. Pierret: 'So you're just the first on scene? Medina: 'Yes.' Pierrett: 'Or the, okay, the holding officer? Medina: 'And I did. I used to at one point in my career. We used to, I used to get asked upon to do Spanish-speaking DWI quite frequently early in my career.' In one of the chief's first interviews, when the details of the public corruption scandal were revealed, he told KRQE Investigates he didn't believe that he lost the trust of the community. Recently he acknowledged there are 'sections that don't trust APD.' The chief said the department's been working on a way to regain that trust by creating 'a dashboard that is going to track every single DWI officer, their arrest, their conviction rate, their failure to appear rate, and the reasons why they failed to appear into categories,' Medina explained. Medina said dismantling the DWI scheme prompted this new tool, saying the department has been working on it for some time and met with community advocates to get their feedback. 'We've been extremely proactive, and I haven't come out and just said, 'Oh, we're doing this, this and this.' It comes out in bits and pieces because it is a lot of work. But I'm confident we're close, and I think this dashboard, public-facing is going to help the public understand that we are watching better than ever,' said Medina. The dashboard is now live; you can find it on the Albuquerque Police Department's website here. So far, APD has named 13 officers in connection to the DWI dismissal officers who all recently served in the DWI unit took plea deals in said this is just the 'tip of the iceberg' and that he expects more officers will be implicated. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
13-02-2025
- Yahoo
Who is the Albuquerque defense attorney at center of ‘DWI Enterprise' scandal?
ALBUQUERQUE, N.M. (KRQE) – On Wednesday, Albuquerque attorney Thomas Clear III admitted to running what the feds call the 'DWI Enterprise' scandal. He plead guilty to nine federal charges including RICO conspiracy, bribery, and extortion. Clear now faces up to 130 years in prison. KRQE Investigates started looking into Clear one year ago when the feds raided his law office in connection to what could be the state's largest public corruption scandal. Below is what KRQE Investigates has uncovered about Clear. Thomas Clear III started his law career in 1982, working alongside his dad. The two founded Clear & Clear together. When his dad died in 2002, Thomas Clear III took over the family business. Starting in 2014, he served on the Public Defender Commission. However, Clear said he stopped practicing law last summer, about six months after KRQE learned the feds investigation into his practice began. Before it was taken down, his law firm's website read Thomas Clear III is 'The attorney you want on your side when facing DWI/DUI, misdemeanor and/or felony criminal and drug charges. He will fight to get the best possible outcome for you and your situation.' It also stated that he represented more than 7,500 accused drunk drivers in Bernalillo, Sandoval, Valencia, and other surrounding New Mexico counties. On Jan. 19, 2024, the feds served a search warrant at Clear's law firm. Then, three weeks later, Albuquerque police officers responded to the law firm when Clear reported a burglary. Ring camera footage shows two masked suspects show up at the office around 5 a.m. that morning. Related Coverage 'Unconscionable:' Mayor talks DWI scheme, expresses trust in Albuquerque police 'We held people accountable': Chief takes credit for ending DWI scheme within APD Former APD officer named in scheme now trains DWI officers for state of New Mexico Former U.S. Attorney speaks out on DWI Unit scandal 2 Albuquerque police officers who resigned amid DWI Unit scandal now working for CYFD Governor, state's top cop respond to DWI corruption scheme Body camera video from the responding APD officers showed them going inside the law firm with Clear to assess the damage. Clear: 'They were looking for something.' Officer: 'Yeah, every cabinet has been opened. Every drawer.' Officers found hidden storage doors open, papers strewn throughout the office, and filing cabinets open. Clear: 'That's open.' Officer: 'Because who? For one it's just a bench. How would somebody know that? Clear: 'Nobody would know that unless…. but my paralegal.' His Paralegal, Ricardo 'Rick' Mendez, was the first to take a plea, and admitted to working with officers to funnel people they arrested for driving drunk to his boss. The feds say Mendez joined the scheme in 2008, paying officers to not file charges for those clients or to make sure they couldn't and wouldn't show up to certain court hearings, allowing attorney Clear to request the case be dismissed. In a previous KRQE Investigation, our team went through six years of Clear's DWI cases from 2018 through 2023 and found his average dismissal rate was 63.3%. With two APD officers who also admitted to their roles in the scheme, Honorio Alba Jr. and Joshua Montaño, during those six years, if one of them pulled you over and you hired Clear, the numbers say there was less than 10% chance you'd be held accountable. The scheme played out in license revocation hearings too, the administrative case that plays out simultaneously with the criminal one after a DWI charge. Mendez admitted to coordinating with those officers to guarantee they wouldn't show up to those MVD hearings, allowing the accused drunk driver to keep their license and drive without any restrictions. Records from the last three years reveal 87 officer no-shows in cases where DWI suspects hired attorney Clear. Overall, data shows that his clients kept their driver's licenses 74% of the time they had a license revocation hearing. Now caught, Clear has lost his license after 42 years. With Wednesday's plea, he also will have to give up his law office. The feds say he laundered money out of the property with the payments from DWI offenders, made in cash inside the office. They will be seizing it. Clear faces up to 130 years in prison. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
