FOR IMMEDIATE RELEASE:
April 4, 2014
 
CONTACT: Micah McCoy, (505) 266-5915 x1003 or [email protected]
 
ALBUQUERQUE, NM—Today the American Civil Liberties Union (ACLU) of New Mexico responded to Albuquerque Mayor Richard Berry’s announcement that he had asked the Department of Justice to release their findings and install a federal monitor to implement the reforms in the Albuquerque Police Department (APD). The following statement can be attributed to ACLU of New Mexico Executive Director Peter Simonson:
 
“Mayor Berry’s call for federal intervention in Albuquerque’s troubled police department is a good first step towards reducing the excessive use of force and officer involved shootings in our city. It is a shame that the City’s leadership took so long to respond with aggressive action. Indeed, we might not be witnessing this action today if the Boyd shooting had not been captured by an officer-worn camera and made public. This fact makes one thing perfectly clear: body-worn cameras are an essential part of restoring transparency and accountability to our police department. Going forward, the City must set forth a policy of zero tolerance for any officer who fails to properly use a body-worn cameras to record encounters with civilians. Every single interaction between APD and the public must be recorded and preserved with serious consequences for officers who fail to do so. We furthermore urge the City Council to quickly adopt the recommendations put forward by the Police Oversight Task Force to overhaul the POC and establish meaningful, effective civilian oversight of law enforcement in Albuquerque.”
 

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ROSWELL, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico settled its lawsuit against the City of Roswell, NM alleging that police officers repeatedly violated the First Amendment free speech rights of two local street preachers, Joshua and Jeremy De Los Santos. Joshua and Jeremy are brothers and members of the Old Paths Baptist Church in Roswell, where Joshua is the pastor. Both believe they have a duty to preach the Gospel in public, and both regularly do so. However, the Roswell Police Department (RPD) arrested both brothers multiple times for expressing their sincerely held religious beliefs in public, as is their right under the First Amendment.
 
Under the terms of the settlement, the City of Roswell will pay $97,000 in compensatory and punitive damages.
 

“This settlement is a significant victory for free speech in New Mexico,” said ACLU-NM Executive Director Peter Simonson. “Police officers may disagree with the content of your speech, but that does not give them the right to arrest you. Today we affirm the right of every person to express their opinions—even unpopular opinions—without fear of arrest or harassment by the government.”
 
In the two years preceding the ACLU’s lawsuit, Roswell police officers arrested Jeremy De Los Santos five times for preaching in public and arrested Joshua twice for the same activity. In every case, the charges against the plaintiffs were either dropped, dismissed by a court of law, or overturned as unconstitutional.
 
The De Los Santos brothers alleged that the Roswell police falsely arrested them without probable cause for exercising their First Amendment right to Free Speech on public property. The brothers also claim that RPD confiscated phones, cameras, camcorders and a bullhorn, some of which were never returned. Jeremy De Los Santos also claimed that RPD officers used excessive force on two occasions.
 
“This settlement sends a strong message to police departments everywhere that you cannot target people for arrest or harassment simply for lawfully expressing their religious beliefs in public,” said Jeremy De Los Santos. “The right to free speech is one of our most precious freedoms, and today that freedom has been upheld.”
Read the original legal complaint here: De Los Santos v Roswell.

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On Sunday, March 16, the Albuquerque Police Department (APD) sent a heavily armed unit to confront James Boyd, a homeless man who was "camping illegally" in the Sandia Foothills. The encounter ended with officers shooting and killing him. This is just the latest in a series of APD-initiated shootings that have made headlines in recent years.
Enough is enough. Ask Albuquerque Mayor Richard Berry to change the training and culture of APD so these tragedies are not repeated.
Many of you have already watched the disturbing footage of the incident captured on one of the officer's helmet cameras as officers gun down a seemingly compliant Boyd. APD chief Gordon Eden was quick to proclaim the shooting "justified," but the video footage leaves us with questions.
Thankfully, the U.S. Department of Justice is already looking into the APD's use of force. The ACLU of New Mexico is pressing the Department of Justice to include Boyd's death in its investigation.
Urge Mayor Berry to take responsibility for implementing much-needed reforms of APD's officer training and use of force policies.