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Wally Bird Feb 2, 2011 9:31 am


Originally Posted by bdschobel (Post 15778427)
Good idea, though I can't help wondering how many Robert F. Dilleys there are in the United States. I hope only one, but who knows?

Bruce

There's probably a reason why he works for the Airport PD and not a real force.

Incidentally, does he really pronounce his name "DIE-lley" (as Phil referred to him) instead of the more usual "DIL-ley" ?

bdschobel Feb 2, 2011 9:33 am

He pronounced his name "DILL-ee" when he testified. He retired from the regular police department as a respected detective. He has taught at the police academy.

Bruce

RichardKenner Feb 2, 2011 9:58 am


Originally Posted by bdschobel (Post 15786692)
The chain of custody was broken when Phil picked up his stuff and walked out of the room. The police could claim -- falsely, of course! -- that Phil himself hit the "delete" button. Without some sort of time-stamp, proving who did what is going to be impossible.

I suspect there is a time-stamp someplace on that card. But since it's likely possible to set the time on the camera to an arbitrary value at any time, that doesn't prove a whole lot.

Wally Bird Feb 2, 2011 10:25 am


Originally Posted by bdschobel (Post 15787010)
He pronounced his name "DILL-ee" when he testified. He retired from the regular police department as a respected detective. He has taught at the police academy.

Interesting. From gold shield to airport beat; no possibility of a 'chip' there then ;) .

sethb Feb 2, 2011 11:05 am


Originally Posted by bdschobel (Post 15787010)
He retired from the regular police department as a respected detective.

I wonder if anybody currently in prison due primarily to the testimony of Dilley (or the other perjurers in this case) could successfully appeal and demand a new trial. There is precedent for that in the case where the police officer in question was convicted of perjury.

pmocek Feb 2, 2011 11:40 am

ABQ arrest: He's a John Doe. We don't have to give him anything back, actually.
 

Originally Posted by TheGolfWidow (Post 15786595)
Did Phil ever get a receipt for the items they were holding?

No. The last thing that can be heard on my video is me asking Officer Dilley for a receipt after he confiscated my camera. I did not receive one from him or from anyone else at the Albuquerque Airport Police Department. The first document of the sort I received was at the county jail. Dilley dropped me at the downtown jail, where I stayed for about an hour before being tranferred to the county jail ("way out in the bushes").

Code:

14:39:07  Gallegos  So I'm flying with my partner, but um, I got my I.D., um,
                    What's the process that he's going through now?
14:39:13  Wiggins  He's gonna be arrested.
          Gallegos  He's gonna be arrested?
          Wiggins  Yes, sir, for being stupid.
          Gallegos  Really.
          Wiggins  Yep.
          Gallegos  Alright.  Hey, Phil.  Hey Phil, I'm staying.
                    Hey Phil.
14:39:22  Mocek    Yeah.
          Gallegos  I'll stay in Albuquerque.
          Mocek    Okay.  He said I'm under arrest.
          Gallegos  Yeah, that's what just I heard.  So, uh--
14:39:27  Mocek    Officer DIE-lee.
          Gallegos  So, um, what kind of info--  I'll jus-- I know, you'll be,
                    we'll be at downtown Albuquerque?  Is he going to
                    Albuquerque downtown?
14:39:36  Wiggins  He's gonna be way the-- way out in the bushes

As Bruce said, Officer Dilley's name is pronounced "DILL-ee" not "DIE-lee". At the time, I had only read it from his shirt, and I was a bit stressed.

Also, in one or more of the audio recordings I received via public records request, he is referred to as Bobby, not as Robert. In one or more of the written statements, someone else (De La Peña, if I remember correctly), referred to him as "B. Dilley". Someone uses a Bobby Dilley Facebook account to post on the Albuquerque Police Department wall, as well:


Bobby Dilley David you wont have any problem going through the academy. todays academy is mostly class room running of couse, but nothing like the military, and its not like it was when I went through, back then it was more like the military basic training. As far as making the transaition from bos to cadet. well thats something wou will have to handle for yourself. Before making that move simply remember as a police officer you are a public servent. If you are intending to become a police officer only to rise up the ranks as quickly as possible then you wont ever know what it is to be a COP, I retired from APD after twenty years and am still a COP.
October 27, 2009 at 3:30pm
I suspect this MySpace page is from the same person.


Originally Posted by TheGolfWidow (Post 15786595)
Was there really any chain-of-custody in place while they were holding the stuff??

I don't know.


Originally Posted by TheGolfWidow (Post 15786595)
Or did they just take his stuff and put it somewhere...and he was lucky to get it, albeit tampered with, when he came back for it?

That seems to be the case.


Originally Posted by Caradoc (Post 15785789)
Is the "unofficial locker" another threat the cops in ABQ use to try to avoid a "John Doe" booking, as in "If you fail to identify yourself, we'll just throw your stuff away instead of cataloging it?"

While Officers Dilley and Wiggins had me locked up in their office, Dilley hinted at not returning my belongings because of their decision to book me as John Doe instead of the name they used when Wiggins successfully checked with Southwest Airlines to find out if I had checked bags.

Code:

14:48:41 Dilley    In regards to booking [inaudible] they have to identify him
                  through the FBI now.
14:49:22 Wiggins  He must be a law student
        Dilley    Huh?
14:49:25 Wiggins  Must be a law student.
        Dilley    Well, he's getting a first-hand experience right now.
        Dilley    Come here for a second so we can witness me counting this
                  money. [inaudible]
        Wiggins  [inaudible] booking slip [inaudible]
14:50:18 Dilley    Hang on a second.  20, 40, 60, 80, 100, 20, 40, 60, 80, 200,
                  20, 40, 60, 80, 90, 95, 96, 97, 98, 99.  Two hundred and
                  ninety nine dollars inside his wallet.  Lemme double-check
                  to make sure there's not...  [inaudible] fifteen dollars
14:51:56 Dilley    He's John Doe, we don't have to give him-- we don't have to
                  give him anything back, actually.

14:52:06 Dilley    I would've at least made up a name if I were in that
                  situation.  He's a law student, he should know that.  He's
                  not even authorized to be flying because he doesn't
                  [inaudible]
14:52:21 Dilley    [inaudible] may find [inaudible]
14:53:05 Dilley    Take a seat, sir.  Have a seat, sir.  No, sit on the bench,
                  sir.  Thank you.
14:53:45 Dilley    [inaudible] enough to say
14:53:47 Wiggins  [inaudible] ID [inaudible] driver's license? [inaudible]
        Dilley    No, not even that.  He had a purpose to come here.  It
                  wasn't to fly.
        Wiggins  Mmm hmm.
        Dilley    10, 116. (radio 14:54:15 +00:00:02)
        Comm      110, go ahead.  (radio 14:54:15 +00:00:05)
14:54:28 Dilley    This individual has no I.D. with him.  Ask TSA if he was
                  presenting an I.D. to them and in their statement, have them
                  explain that, and have them, uh, describe how procedure is
                  for allowing someone to fly who does not have an I.D. please
                  (radio 14:54:15 +00:00:10)
        Comm      10-4. (radio 14:54:15 +00:00:35)
        Comm      Last unit calling, you can in extremely 10-1.  (radio
                  14:56:09)
                  116, 110, 49 was relayed, so we'll put that in the
                  statement. (radio 14:57:07)
        Comm      10-4 (radio 14:58:01 +00:00:08)
14:55:08 Wiggins  [inaudible]
        Dilley    Yeah, I just wanted to-- I wanna be, um...
14:55:26          You take all the [inaudible]?
                  Ah... Yeah
                  You might want to double-check it though,
14:56:03 Dilley    You know, I'm all for somebody having their, their beliefs,
                  but when you create a situation at the checkpoint that
                  causes a disturbance
14:56:51 Dilley    [inaudible] Ibuprofin [inaudible]
14:57:31 ?        [inaudible] yeah nasty .... [inaudible]
14:58:08 Dilley    [inaudible] so we can't verify him [inaudible] John Doe
                  [inaudible] He's gonna be [inaudible] for a month, 'cause,
                  uhm the feds won't release him 'cause they're under, uh,
                  [inaudible]
14:58:26 Wiggins  I'm gonna go out and talk to Southwest and see what's the
                  deal with this.  See if they presented.  If you need me to
                  come back just give me a holler.

        Dilley    Okay.
15:02:02 Dilley    [on phone] Hey girl.  Give me a case number, please.  Okay.
                  It's alright.  Yes.  The, uh-- you need the, um, nature of
                  the call.  Okay.  39, refusing to obey, and then, um, okay.
                  Hang on a second.  [radio interruptions, completes call]
15:05:16 Wiggins  They didn't check any bags, or didn't at check in with, uh,
                  with Southwest.

        Dilley    [inaudible] probably [inaudible] this for now

That's when the recording ends. The next one picks up when Dilley was unlocking me to take me to his car for the trip downtown.

The "take a seat, sir" part was kind of funny. I was standing near the cage door, watching what they were doing. Officer Dilley told me to sit down, so I immediately sat down -- on the floor next to the door, still watching. Then he told me to sit on the bench, which was at the back of the cage, so I moved there, where I was unable to see them.

RichardKenner Feb 2, 2011 11:49 am


Originally Posted by sethb (Post 15787664)
I wonder if anybody currently in prison due primarily to the testimony of Dilley (or the other perjurers in this case) could successfully appeal and demand a new trial. There is precedent for that in the case where the police officer in question was convicted of perjury.

No way. The testimony didn't come close to what would be needed to do that, let alone a conviction on perjury. All of it is well within the realm of wrong details. It just so happens that this case (unlike most) depends on details.

pmocek Feb 2, 2011 12:05 pm

condition surrounding Officer Dilley's retirement; his past testimony; my camera
 

Originally Posted by bdschobel (Post 15787010)
He retired from the regular police department as a respected detective. He has taught at the police academy.

Bruce, could you cite your source(s), please?


Originally Posted by sethb (Post 15787664)
I wonder if anybody currently in prison due primarily to the testimony of Dilley

I'm very curious about that. I'm also curious about all arrests by AAPD officers for the charges they threw at me. It would be interesting, I think, to get a picture of the accused disturber-of-the-peace. I really wish I had someone to put on such tasks. I can only do so much. How would "volunteer intern to some guy with lots of curiosity and not enough time" look on a resume?


Originally Posted by RichardKenner (Post 15787181)
it's likely possible to set the time on the camera to an arbitrary value at any time

The clock on my camera, as with that of most, is set by the user. I used a Canon Powershot A570IS with stock firmware.

Ari Feb 2, 2011 12:08 pm


Originally Posted by RichardKenner (Post 15787971)
All of it is well within the realm of wrong details. It just so happens that this case (unlike most) depends on details.

Be that as it may, the charges, the audio tapes and the deletion of the video tells a story of some very vexatious cops. It seems they tried to give Phil a first-hand lesson in the law (as we heard on the tape) and they did: never trust cops.

There is a reason that the other 'witnesses' were not called to 'testify'-- they all got the details a little more out of the realm of wrong.

Slide101 Feb 2, 2011 12:54 pm

Phil - Don't know how to research what you need but did find this and thought I would contribute in case you could use it and didn't have it -- Dilley was retired and working as a cop out at the airport after retirement. Made about $25+ per hour. Doesn't look like Wiggins or the other guy are listed as retired. Dilley looks young to be retired but then I don't know much about how long it takes for retirement to be an option for a cop or under what reasons a cop can and does retire. In any case here's the link: http://cognosout.cabq.gov/cognos8/cg...ntent%2Ffolder[%

n4zhg Feb 2, 2011 4:03 pm


Originally Posted by Boggie Dog (Post 15786027)
Phil discovered that the camera memory card had been erased after leaving the the office his camera had been stored in.

Chain of evidence was broken and while we certainly believe we know what happened proving that beyond a reasonable doubt might be difficult and expensive.

Moral of the story is to do a sight inventory and function check of all property before you leave. Matter of fact, there should have been an inventory of all property and a receipt listing same given to Phil at the time it was secured/confiscated by the police.


Originally Posted by Ari (Post 15788093)
Be that as it may, the charges, the audio tapes and the deletion of the video tells a story of some very vexatious cops. It seems they tried to give Phil a first-hand lesson in the law (as we heard on the tape) and they did: never trust cops.

There is a reason that the other 'witnesses' were not called to 'testify'-- they all got the details a little more out of the realm of wrong.

There is a reason why it is called "testilying".

TheGolfWidow Feb 2, 2011 4:21 pm


Originally Posted by n4zhg (Post 15789885)
Moral of the story is to do a sight inventory and function check of all property before you leave. Matter of fact, there should have been an inventory of all property and a receipt listing same given to Phil at the time it was secured/confiscated by the police.

He tried.....

pmocek Feb 2, 2011 4:24 pm


Originally Posted by n4zhg (Post 15789885)
Moral of the story is to do a sight inventory and function check of all property before you leave.

It's painful to know that I didn't do so.

Darkumbra Feb 2, 2011 4:36 pm


Originally Posted by Boggie Dog (Post 15786027)
Phil discovered that the camera memory card had been erased after leaving the the office his camera had been stored in.

Chain of evidence was broken and while we certainly believe we know what happened proving that beyond a reasonable doubt might be difficult and expensive.

Given how incompetent the TSA has proven themselves to be time and time again? I really doubt they had the ability to properly erase the files from the camera's SD card. It would take either very little effort, or at most an hour or two to recover all those files UNLESS Phil has used the card since then.

n4zhg Feb 2, 2011 4:39 pm


Originally Posted by pmocek (Post 15790026)
It's painful to know that I didn't do so.

I don't know if you want to stir the fecal matter any further, but if I had a tape like that I would be in the chief's office playing it, and demanding the SOPs concerning property "retained" by his police officers, recording, inventorying of same. And asking said chief if it was policy to allow his officers to steal from citizens.


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