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New Mexico police chief claims he had constitutional right to leave his body cam off after crash: report

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New Mexico police chief claims he had constitutional right to leave his body cam off after crash: report

A police chief in New Mexico told investigators he intentionally left his body camera off after he crashed into another driver earlier this year, citing his Fifth Amendment right against self incrimination, according to a new internal investigation.

“It blew my mind because it’s so preposterous,” lawyer and former Albuquerque police officer Tom Grover told KOAT last Friday.

Albuquerque Police Chief Harold Medina ran a red light on Feb. 17, 2024, after someone fired a shot near his pickup truck. He hit and seriously injured another driver, but did not turn on his body camera, violating department policy, according to an internal investigation. (City of Albuquerque)

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Albuquerque Police Chief Harold Medina and his wife were in an unmarked police pickup truck the morning of Feb. 17, heading to a press conference. Medina had stopped at a red light when he said two people started fighting on the sidewalk next to his truck, according to the report. Then one of the individuals pulled out a gun and fired a shot, Medina said after the incident. 

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Surveillance video shows Medina accelerating across the busy intersection, through the red light. His pickup darted between two cars and then T-boned a Mustang. The other driver was hospitalized with severe injuries, including eight broken ribs, a broken collarbone, a broken shoulder blade, a collapsed lung and multiple cuts, KOAT reported in March.

Medina powered his body camera on “to prove he had it with him,” the recently-released Internal Affairs report notes. But he told investigators he “intentionally and purposefully did not record the interaction of the crash because he was invoking his 5th Amendment right not to self-incriminate.”

Grover compared that admission to a “nuclear bomb.”

“The notion that he has a Fifth Amendment right would suggest that he’s in custody,” Grover told KOAT. “He’s not in custody. He’s at work.”

Excerpt from Albuquerque Internal Affairs report

An excerpt from the Internal Affairs investigation into Medina’s Feb. 17, 2024, crash. (Albuquerque Police Department IA Professional Standards)

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Albuquerque Police Department rules do not allow officers to avoid recording “mandatory recording incidents based on the fact that the evidence captured on that video may be used in a subsequent criminal investigation,” the investigation notes.

Medina accepted and signed two letters of reprimand in July — one for unsafe driving in a department-issued vehicle and one for failing to record the incident.

KOAT legal analyst John Day told the outlet Medina’s actions may violate state law.

New Mexico statute requires activation of a body-worn camera “whenever a peace officer is responding to a call for service or at the initiation of any other law enforcement or investigative encounter between a peace officer and a member of the public.” 

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It also prohibits “deactivation of a body-worn camera until the conclusion of a law enforcement or investigative encounter.”

The Albuquerque Police Department did not respond to a request for comment on the Internal Affairs report Monday.

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Southwest

Texas lawmaker proposes bill to abolish death penalty in Lone Star State: 'I think sentiment is changing'

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Texas lawmaker proposes bill to abolish death penalty in Lone Star State: 'I think sentiment is changing'

A Texas state lawmaker has introduced legislation to eliminate the death penalty in the state amid a high-profile death row case currently unfolding.

Democrat state Rep. John Bucy III filed the bill for the upcoming legislative session.

“I think I’ve been opposed to the death penalty my whole life as I’ve thought about its use, and should it exist in our society,” Bucy said, according to Fox 7.

“Financially, if you just want to look at it economically, we spend more money to execute than to keep someone in prison, so it’s really a lose-lose situation with a high risk stake if we get it wrong,” he continued.

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Photo shows the gurney in the execution chamber at the Oklahoma State Penitentiary in McAlester, Oklahoma. (AP Photo/Sue Ogrocki, File)

This comes after the Texas Supreme Court cleared the way last week for the state to schedule a new execution date for inmate Robert Roberson, whose initial execution was delayed last month.

Roberson is currently on death row over his conviction in which prosecutors say he killed his two-year-old daughter, Nikki Curtis, by shaking her to death, known as shaken baby syndrome. But his lawyers say Nikki actually died from other health issues such as pneumonia and that new evidence proves his innocence. His lawyers also said doctors had failed to rule out these other medical explanations for the child’s symptoms.

Roberson was scheduled to be put to death on Oct. 17 before the state Supreme Court issued a stay to delay his execution shortly before it was set to take place. 

If he is put to death, he would be the first person in the U.S. to be executed in a case based on shaken baby syndrome.

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More than 80 Texas state lawmakers, as well as the detective who helped the prosecution, medical experts, parental rights groups, human rights groups, bestselling novelist John Grisham and other advocates have called for the state to grant Roberson clemency over the belief that he is innocent. A group of state lawmakers have also visited Roberson in prison to encourage him.

“I feel like I’ve gotten more engaged with this Robert Roberson case and wanted to make sure that we’re continuing this conversation about the lack of humanity tied to the death penalty,” Bucy said.

Texas Execution

Texas lawmakers meet with Robert Roberson at a prison in Livingston, Texas, Sept. 27, 2024.  (Criminal Justice Reform Caucus via AP)

Texas has executed nearly 600 people since 1982, according to Texas Coalition to Abolish The Death Penalty executive director Kristin Houle Cuellar.

“Which is far more than any other state in the nation,” Houle Cuellar told Fox 7. “We have quite a reputation when it comes to the use of the death penalty in Texas.”

Houle Cuellar said that there have been fewer death sentences in the state in the last decade, which she partially attributes to the introduction in 2005 of life without parole.

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“Prosecutors have used that discretion in opting not to seek the death penalty,” Houle Cuellar said. “Even in about 30 percent of the cases that they’ve taken to trial where they’ve sought the death penalty, jurors have rejected it.”

Houle Cuellar said that Harris, Dallas, Tarrant and Bexar counties lead the state in death sentences and more than half of all Texas counties have never issued a death sentence.

Since 2007, multiple Texas lawmakers have unsuccessfully sought to abolish the death penalty. But Bucy says there is now enough momentum regarding the issue to reintroduce legislation to eliminate the practice.

TEXAS JUDGE GRANTS INJUNCTION AHEAD OF MAN’S EXECUTION IN ‘SHAKEN BABY SYNDROME’ CASE

execution bed

The execution bed sits empty on Death Row on April 25, 1997 at Texas Death Row in Huntsville, Texas. (Getty Images)

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“While it’s an uphill battle to end the death penalty in Texas, we’ve seen the number of executions go down,” he said. “I think sentiment is changing, and I also think as we see these specific cases come to life, and we start learning the specific stories, people are going to get more and more concerned about the possibility of getting it wrong.”

State Sen. Sarah Eckhardt and state Rep. Joe Moody, both Democrats, have filed similar bills to abolish the death penalty, which will need to be voted on by fellow lawmakers when the legislative session begins early next year.

In another Texas death row case, a judge found last month that Melissa Lucio was innocent in the 2007 death of her two-year-old daughter, Mariah. Senior State District Judge Arturo Nelson recommended that Lucio’s conviction and death sentence be overturned. The judge also found that prosecutors suppressed evidence and testimony, including statements from Lucio’s other children, that could support the claim that she was not abusive and that Mariah’s death was accidental from falling down the stairs.

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Los Angeles, Ca

Fort Irwin soldier allegedly murdered comrade

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Fort Irwin soldier allegedly murdered comrade

A soldier from Fontana has been charged with murder in the death of another soldier at Fort Irwin in San Bernardino County.

Spc. George Cornejo, 26, is accused of killing Spc. Andrew P. Smith on Oct. 28, military officials said in a press release.

Smith, 27, was found injured in his residence that day and later succumbed to his wounds, officials said when announcing his death. The Rye, New York, native had been stationed at Fort Irwin for more than two years.

The manner and possible motivation for the alleged murder were not released.

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Cornejo has been in pre-trial custody since Oct. 29, and he’s expected to be transferred to the Naval Consolidated Brig in Miramar.

A preliminary hearing will be held to determine if Cornejo will be tried by court-martial.

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Texas man convicted after saying he mutilated victims, ate human heart as part of 'ritualistic sacrifices'

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Texas man convicted after saying he mutilated victims, ate human heart as part of 'ritualistic sacrifices'

A Texas man was convicted of killing three people, dismembering them and burning their bodies after admitting to investigators that he was called to “commit sacrifices.”

Jason Thornburg was found guilty of capital murder on Wednesday and now, the same Tarrant County jury that convicted him must determine whether he receives a death sentence or if he will spend the rest of his life in prison without the possibility of parole, according to Fox 4.

In September 2021, Thornburg killed three people, dismembered their bodies and stored them under his bed at a motel in Euless, Texas, before lighting the bodies on fire inside a dumpster in Fort Worth.

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Jason Thornburg (Tarrant County Jail)

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Thornburg confessed to investigators that he felt a compulsion to commit “ritualistic sacrifices” and that he ate a victim’s heart and other parts of the victims’ bodies.

His attorneys argued he was insane when he carried out the murders and suffered from a severe mental disease.

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Jail

Thornburg confessed to investigators that he was being called to “commit sacrifices” and that he ate a victim’s heart and other parts of the victims’ bodies. (iStock)

When he was arrested on murder allegations, Thornburg confessed to police he killed his roommate in May 2021 during a suspicious home explosion and his girlfriend in Arizona back in 2017.

These two previous murders were brought up in court on Thursday when the punishment aspect of the trial began.

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Handcuffs on man

The jury must now determine whether he receives a death sentence or if he will spend the rest of his life in prison without the possibility of parole. (iStock)

The victims’ families cannot speak publicly until the punishment phase is finished.

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