State watchdog sues Bernalillo County alleging it withheld jail records in inmate death, warden complaints

Jul. 25—A state watchdog group filed a lawsuit against Bernalillo County on Wednesday, alleging public records violations for withholding video and other records from the Metropolitan Detention Center.

The requests sought access to video of MDC Sgt. Stephen Gabaldon slamming inmate John Sanchez on his head — fatally injuring him — and, separately, complaints against former Warden Jason Jones.

The New Mexico Foundation for Open Government (FOG) on Thursday announced the suit against the Bernalillo County Board of Commissioners and the county's public records custodian, Jennifer Rodriguez.

FOG attorney Amanda Lavin said the suit revolved around violations of the Inspection of Public Records Act (IPRA) in separate requests filed by Albuquerque Journal reporters Matthew Reisen and Alaina Mencinger.

The suit seeks a judge's order directing the county to fulfill the IPRA requests and prohibiting it from claiming MDC records are "law enforcement records" in any future IPRA request, according to the lawsuit.

The suit also seeks relief for the county's failure to comply with the time limits and "an award of damages, costs, and reasonable attorneys' fees.

"It's important for the public to understand that IPRA is a very strong law," Lavin said in a news conference Thursday. "It guarantees the public's access to what our government is up to, what our public officials, who are paid with tax dollars, are doing, especially if there's instances where maybe abuse or harm is being perpetrated."

MDC spokeswoman Candace Hopkins said the county "will review the lawsuit and address it accordingly."

The Bernalillo County Sheriff's Office investigated the homicide of Sanchez and forwarded its case to the 2nd Judicial District Attorney's Office in November, where it was reviewed by January and has sat for months.

Nancy Laflin, spokeswoman for the DA's Office, said of the case Thursday, "We have not made a decision whether or not to prosecute."

Hopkins said Gabaldon is still on paid administrative leave since at least last September, "pending the final resolution of his employment agreement rights." Joseph Trujeque, Gabaldon's attorney, said MDC moved to terminate Gabaldon and they are appealing that decision.

Trujeque declined to comment further.

In its lawsuit against the county, FOG alleges "distinct instances where Defendants have failed to comply with their statutory obligations under IPRA to allow inspection of public records of MDC."

One involved a July 2023 request for video "showing the confrontation between MDC officers and John Sanchez," another in November 2023 involved Mencinger's request for "all complaints filed against Metropolitan Detention Center Warden Jason Jones from January 1, 2023 to Nov. 28, 2023."

MDC denied the first request using an IPRA amendment made in the 2023 legislative session that exempted "law enforcement records" showing "acts of severe violence resulting in great bodily harm, unless a law enforcement officer, acting in that capacity, caused or is reasonably alleged or suspected to have caused the great bodily harm or act of severe violence."

After the denial, FOG referred the matter to the New Mexico Attorney General's Office, which ultimately found the county complied with IPRA and that the video was a "law enforcement record" due to the video being provided to BCSO during the investigation, according to the lawsuit.

The lawsuit argued the video is not a law enforcement record and, even if it was considered one, it depicts an "act of severe violence resulting in great bodily harm" caused by a law enforcement officer, Gabaldon.

The lawsuit states MDC's "invocation of the law enforcement exception to restrict access to jail security video undermines the legislative intent of the exception, which was to improve transparency and public access to information regarding the misconduct of public officials."

"Defendants exploit the exception to hide abuse perpetrated by MDC corrections officers," according to the lawsuit.

The lawsuit states MDC denied Mencinger's request by citing an exemption due to complaints being "letters or memoranda that are matters of opinion in personnel records."

"Unlike other materials in the personnel file, the officer does not have a reasonable expectation of privacy in a citizen complaint, and a complaint is not a personnel record generated by an employer or employee in support of the working relationship between them," according to the lawsuit. "... (C)omplaints against public officials are public records and not subject to the exception."

FOG Executive Director Melanie Majors said Thursday was "a big day for FOG and it's a big day for the people of New Mexico."

"If the government is open and accountable and transparent, we all win," she said. "Because don't we want to know where our tax dollars are being spent? Don't we want to know that everybody is being treated equally? Don't we want to know if there are bad apples, that they can be found and rooted out?"