What happens when a prosecutor actually tries to prosecute killer cops

[ksen]

http://krqe.com/2015/01/21/brandenburg-says-shes-staying-put-in-police-shooting-cases/

First: Prosecutors get frozen out of investigations

On Jan. 13, two APD officers fatally shot a man police say had first shot at the officers during a foot chase. A top prosecutor from Brandenburg’s office went to the scene, as required by a written agreement that spells out the way police shooting cases must be investigated in Bernalillo County.

But Deputy City Attorney Kathryn Levy barred the prosecutor from an incident briefing. Levy told Brandenburg by telephone that the DA’s Office had a conflict of interest. Their conversation was recorded and released to the news media.

Brandenburg told News 13 the night of the shooting that Levy’s actions violated the written agreement, which Levy herself had signed along with Brandenburg and others in September.

On Tuesday, U.S. Attorney Damon Martinez broke his silence and agreed.

Second: The police department opens up an investigation on the prosecutor

According to Brandenburg, her office notified an attorney for the police union and others at APD of a preliminary decision to file charges against Sandy and Perez in Early October — before she even knew the police were investigating her.

Detectives had been investigating her since October 2013 in secret.The allegations against Brandenburg are that she offered to bribe people her son allegedly stole from if they would agree not to pursue charges against him.

Based on a News 13 review of the case file, the detectives’ probe appears to have wrapped up last July. An APD spokesman has said it took four months to send the case for review because city officials were looking for a prosecuting agency that could take it.

In late November, the case was delivered to the AG’s Office with no heads-up that it was coming, according to the office’s former general counsel. City officials have repeatedly refused to say who ordered the case file sent to the AG’s Office.

Brandenburg has said she believes there are problems with the case.

News 13’s review of the file found numerous areas of concern, too. Among them was a recorded conversation between two APD detectives who said the case was “super weak,” “probably not gonna go anywhere,” but was going to “destroy a career.”

The detectives also talked about using APD’s clandestine Criminal Intelligence Unit in the investigation so that they could shred files and avoid New Mexico’s public records law.

American police forces are out of control.

 

[Loren Pechtel]

It sounds like you are saying it's a very weak case--something that shouldn't be prosecuted.

 

[ksen]

Is that what it sounds like I'm saying?

 

[Jason Harvestdancer]

It sounds like the government class doesn't like one who turns on their own.

 

[fast]

She was apart of the initial investigation. She isn't being told that the officers shouldn't be prosecuted. She's being told that she should appoint another prosecutor (one that wasn't apart of the initial investigation). Yes, she should have been apart of the initial investigation. It's apparently essential that she be apart of them, but never before have actions went beyond the 'grand jury'. This time, they have. So, the foundation for there to be a conflict of interest has been in place long before the shooting. The logical thing to do given the nature of the process in its current state is to always appoint someone else.