N.M. PD Responds to Lawsuit Over Child Abuse Cases

Feb. 26, 2012
A Farmington officer claims he was retaliated against by superiors after he complained about a mishandled sex abuse case and reported that the department was misusing federal funds.

FARMINGTON, N.M. -- Farmington police officials adamantly deny recent allegations that the department does not allocate enough resources to handle the vast number of child abuse cases in the county.

The department instead maintains that those cases are a high priority.

The allegations surfaced Monday in a lawsuit filed by Farmington officer Frank Dart, who claims he was retaliated against by superiors after he complained about a mishandled sex abuse case and reported that the department was misusing federal funds.

"The Farmington Police Department has placed, and always will place, a high priority on the investigation of crimes involving children and the prosecution of those who would victimize children," a statement issued Thursday by city officials states. "The department has and will dedicate all resources necessary to assure the appropriate investigation of these crimes."

Dart, who is a 16-year-veteran of the department and who worked for more than a decade investigating child abuse cases, contends that for years he asked for additional help with the hundreds of cases that pour into the department each year.

Dart, a decorated detective who earned honors including Officer of the Year in 2009, was responsible for all child abuse cases, including all referrals made to the Children, Youth and Families Department. According to state statute, law enforcement are required to document within 48 hours any allegations of abuse and investigate the merit of those claims.

Every year there are hundreds of CYFD reports of abuse, and Dart handled an average of 30 to 40 abuse cases and 20 to 30 CYFD referrals at a time, according to the lawsuit. Dart handled numerous high-profile cases of abuse that resulted in lengthy prison terms for the offenders.

"Part of the purpose of the lawsuit it to shed light on the fact that there are inadequate resources" to properly investigate crimes against children, Dart's Albuquerque-based attorney Shannon Kennedy previously said.

Dart believes that after he complained his superiors began retaliating against him. He requested a transfer back to patrol, but wanted to continue working on his cases.

According to the lawsuit, he was disciplined for insubordination, kicked off the joint FBI-Farmington Police Department Task Force to investigate child abuse cases and all of his cases were taken away, some of which no longer were investigated.

Virginia Anderman, an attorney representing the city, called Monday's lawsuit "an extremely long and self-serving complaint."

"Obviously (city officials) disagree with officer Dart's assessment of the situation," Anderman said in an interview Thursday.

Having only a few days to read the complaint, Anderman declined to comment on the specifics of the lawsuit. The city has 30 days to file a response.

Police Chief Kyle Westall, in a phone interview Thursday, said his recollection of the circumstances was "quite different than what was published."

"Child abuse investigations have always been a high priority in this agency," he said.

He "takes exception to any statements" alleging that the detective division does not investigate child abuse.

Three to four detectives routinely take those cases, and while they are not the only cases assigned to the detectives, they are investigated, he said.

The department works with the FBI and state officials to investigate Internet sex crimes, which is done beyond normal case assignments, he said.

Child abuse is a high priority, Westall said, but "with that being said, it's always a struggle to adequately man all the divisions and all the areas that you need. Child abuse is very important, so is narcotics investigations, so is gang investigations."

The department often reviews resources and adjusts as necessary, he said.

Copyright 2012 - The Daily Times, Farmington, N.M.

McClatchy-Tribune News Service

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