Flyer “Processed” (Arrested?) in NM After Declining to Show ID
Feb 2, 2011, 9:31 am
#1741
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Incidentally, does he really pronounce his name "DIE-lley" (as Phil referred to him) instead of the more usual "DIL-ley" ?
Feb 2, 2011, 9:33 am
#1742
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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
Bruce
Feb 2, 2011, 9:58 am
#1743
Join Date: Mar 2009
Posts: 1,972
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.
Feb 2, 2011, 10:25 am
#1744
Join Date: Jul 2003
Location: Salish Sea
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Posts: 8,974
.
Last edited by Wally Bird; Feb 2, 2011 at 1:17 pm Reason: wrong assumption
Feb 2, 2011, 11:05 am
#1745
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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.
Feb 2, 2011, 11:40 am
#1746
Join Date: Apr 2008
Location: USA
Posts: 1,439
ABQ arrest: He's a John Doe. We don't have to give him anything back, actually.
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").
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 Peńa, 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:
I suspect this MySpace page is from the same person.
I don't know.
That seems to be the case.
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.
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.
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
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 Peńa, 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
October 27, 2009 at 3:30pm
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
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.
Last edited by pmocek; Feb 2, 2011 at 11:51 am
Feb 2, 2011, 11:49 am
#1747
Join Date: Mar 2009
Posts: 1,972
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.
Feb 2, 2011, 12:05 pm
#1748
Join Date: Apr 2008
Location: USA
Posts: 1,439
condition surrounding Officer Dilley's retirement; his past testimony; my camera
The clock on my camera, as with that of most, is set by the user. I used a Canon Powershot A570IS with stock firmware.
Feb 2, 2011, 12:08 pm
#1749
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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.
Feb 2, 2011, 12:54 pm
#1750
Join Date: Dec 2010
Posts: 173
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[%
Feb 2, 2011, 4:03 pm
#1751
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Posts: 2,726
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.
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.
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 that the other 'witnesses' were not called to 'testify'-- they all got the details a little more out of the realm of wrong.
Last edited by n4zhg; Feb 2, 2011 at 4:17 pm
Feb 2, 2011, 4:21 pm
#1752
Join Date: Jan 2008
Posts: 1,145
He tried.....
Feb 2, 2011, 4:36 pm
#1754
Join Date: Nov 2010
Posts: 569
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.
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.
Feb 2, 2011, 4:39 pm
#1755
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Join Date: Jul 2008
Posts: 2,726
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.