APD DWI officers placed on Brady-Giglio list amid federal probe
ALBUQUERQUE, N.M. — For two weeks, KOB 4 has been uncovering a federal investigation into several officers from the Albuquerque Police Department’s DWI unit.
Four officers and a former supervisor are on leave, but beyond that, there has been a larger impact on the community.
Through our investigation, KOB 4 has identified the officers involved as Honorio Alba Jr., Harvey Johnson Jr., Joshua Montano, and Nelson Ortiz. All have been added to the Brady-Giglio list – which is essentially a list of untrustworthy law enforcement officers.
The local attorney being investigated is Thomas Clear III.
Defense attorney Ahmad Assed says this is a crucial issue and will permanently affect these officers moving forward.
When you go to court, a jury considers witness testimony and evidence. When an officer is on that list, credibility always becomes an issue.
Assed also discussed how defense attorneys can use the Brady-Giglio list to their advantage.
“If there’s evidence that questions the reliability and credibility, truthworthiness of what they have to say, I am definitely going to benefit my client in that regard, because its’ the right thing to do,” Assed said.
Out of the nearly 160 active DWI cases that were dismissed, about 53 were misdemeanor DWIs and around 75 were aggravated charges.
Breaking that down further, around 67 were first offenses, 16 were second offenses, and about 10 were third or fourth offenses.
As KOB 4 has previously reported, these cases were dismissed because of the federal investigation where these officers were allegedly involved in a scheme with a local attorney – Thomas Clear III – to not show up in court to get cases dismissed, and let DWI suspects back on the streets.
“With regards to the allegations that they failed to appear at this level of nonappearance or trials is quite frankly, very disturbing and very concerning,” Assed said.
APD has not officially named these officers and charges have not been brought forward at this time.
As for the Brady-Giglio list, the Bernalillo County District Attorney’s Office is publishing and updating that list online.