Flyer “Processed” (Arrested?) in NM After Declining to Show ID
#571
Join Date: Apr 2008
Location: USA
Posts: 1,439
New Mexico v. Phillip Mocek: prosecutor changed
The other news I can share is that while we were previously informed that the arresting officer, Robert F. Dilley, would act as prosecutor (I'm told this is the norm for most misdemeanor charges in New Mexico) the district attorney will be prosecuting this case.
Trial date: June 14, 2010
Court: Bernalillo County Metropolitan Court
Case number: CR 25737/09 (if direct link doesn't work, go to search page, complete CAPTCHA, then search for criminal case 2573709)
Judge: Julie N. Altwies
Defense attorney: Nancy Hollander
Charges:
Trial date: June 14, 2010
Court: Bernalillo County Metropolitan Court
Case number: CR 25737/09 (if direct link doesn't work, go to search page, complete CAPTCHA, then search for criminal case 2573709)
Judge: Julie N. Altwies
Defense attorney: Nancy Hollander
Charges:
#572
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,513
Is it clear if they did that because they are taking the case seriously (possibly to avoid civil liability in the case of an acquittal) or is that their usual MO when they are up against a good defense attorney?
#574
Join Date: May 2006
Location: MYF/CMA/SAN/YYZ/YKF
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Posts: 5,839
The ACLU doesn't really handle criminal cases. Given my conversations with top ACLU attorneys both professionally and personally, I am sure they would be happy to take the civil end of Phil's case.
#575
FlyerTalk Evangelist
Join Date: Nov 2005
Location: Phoenix, AZ
Programs: AA Gold AAdvantage Elite, Rapids Reward
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If I were a defense attorney, I might want them to try to bring a charge of trespassing in an airport against a passenger who had purchased a ticket. (That's aside from all the technical stuff which throws out most of the charges, and the factual stuff that throws out the rest provided they don't "lose" the videotapes.)
#576
Join Date: Apr 2008
Location: USA
Posts: 1,439
Is it clear if they [changed from having the arresting officer prosecute to having the district attorney do so] because they are taking the case seriously (possibly to avoid civil liability in the case of an acquittal) or is that their usual MO when they are up against a good defense attorney?
I found a blog post from someone in South Dakota titled "Should police officers prosecute their own misdemeanor cases?". The author, Bobby G. Frederick, writes:
Personally, I do not think that they should, and I agree with the quote below.
In New Mexico, police unions have filed a lawsuit against District Attorney Janetta Hicks, who announced that her office would no longer prosecute misdemeanors except for DUI's and domestic violence cases.
In New Mexico, police unions have filed a lawsuit against District Attorney Janetta Hicks, who announced that her office would no longer prosecute misdemeanors except for DUI's and domestic violence cases.
From: Katz, Marshall
Sent: Tuesday, November 17, 2009 8:33 AM
To: 'Santiago, Magdalena'; Norman, Dave; Jiron, Daniel
Subject: FW: KOB
FYI
From: Anderson, Mike [mailto:MAnderson%AT%kob.com]
Sent: Tuesday, November 17, 2009 8:29 AM
To: Katz, Marshall
Subject: KOB
http://philosecurity.org/2009/11/16/...ing-to-show-id
764-2456 fax
With best regards!
Mike Anderson
Domestique KOB—TV News Desk
505-764-2453
Sent: Tuesday, November 17, 2009 8:33 AM
To: 'Santiago, Magdalena'; Norman, Dave; Jiron, Daniel
Subject: FW: KOB
FYI
From: Anderson, Mike [mailto:MAnderson%AT%kob.com]
Sent: Tuesday, November 17, 2009 8:29 AM
To: Katz, Marshall
Subject: KOB
http://philosecurity.org/2009/11/16/...ing-to-show-id
764-2456 fax
With best regards!
Mike Anderson
Domestique KOB—TV News Desk
505-764-2453
From: Anderson, Mike [mailto:MAnderson%AT%kob.com]
Sent: Tuesday, November 17, 2009 9:21 AM
To: Katz, Marshall
Subject: Folo Question
Looking at the complaint, it seems like this persons troubles began AFTER he was "trespassed" by offciers and refused to leave? Do you by chance have video that could be released or does that fall under TSA? Are there any laws stopping someone from operating a video camera in and about the security check pint area, or is that a TSA question? Thanks for the fax. lf it goes far, would you be avail for sound on this?
With best regards!
Mike Anderson
Domestique KOB-TV News Desk
505-764-2453
Sent: Tuesday, November 17, 2009 9:21 AM
To: Katz, Marshall
Subject: Folo Question
Looking at the complaint, it seems like this persons troubles began AFTER he was "trespassed" by offciers and refused to leave? Do you by chance have video that could be released or does that fall under TSA? Are there any laws stopping someone from operating a video camera in and about the security check pint area, or is that a TSA question? Thanks for the fax. lf it goes far, would you be avail for sound on this?
With best regards!
Mike Anderson
Domestique KOB-TV News Desk
505-764-2453
From: Katz, Marshall [mailto:mkatz%AT%cabq.gov]
Sent: Tuesday, November 17, 2009 10:37 AM
To: Anderson, Mike; Pierotti, Peter H.
Cc: Jiron, Daniel ; Romero, Charlotte T.; Santiago, Magdalena; Norman, Dave
Subject: RE: Folo Question
Mike, The TSA has specific regulations and policies independent of state statues and city ordinances. That said you might be better served by contacting TSA regarding those specific issues. My understanding is he was given an option to leave to avoid arrest.
Sent: Tuesday, November 17, 2009 10:37 AM
To: Anderson, Mike; Pierotti, Peter H.
Cc: Jiron, Daniel ; Romero, Charlotte T.; Santiago, Magdalena; Norman, Dave
Subject: RE: Folo Question
Mike, The TSA has specific regulations and policies independent of state statues and city ordinances. That said you might be better served by contacting TSA regarding those specific issues. My understanding is he was given an option to leave to avoid arrest.
From: Anderson, Mike [mailto:MAnderson%AT%kob.com]
Sent: Tuesday, November 17, 2009 10:40 AM
To: Katz, Marshall
Subject: RE: Folo Question
10-4. I have a call into Maggie to ask her much the same questions. Do you have video that could be released if this story grows legs? Would you be avail for sound as well?
With best regards!
Mike Anderson
Domestique
KOB-TV News Desk
505-764-2453
Sent: Tuesday, November 17, 2009 10:40 AM
To: Katz, Marshall
Subject: RE: Folo Question
10-4. I have a call into Maggie to ask her much the same questions. Do you have video that could be released if this story grows legs? Would you be avail for sound as well?
With best regards!
Mike Anderson
Domestique
KOB-TV News Desk
505-764-2453
From: Katz, Marshall
Sent: Tuesday, November 17, 2009 10:43 AM
To: 'Anderson, Mike'
Cc: Jiron, Daniel ; 'Santiago, Magdalena‘; Norman, Dave; Pierotti, Peter H.
Subject: RE: Folo Question
The video at the checkpoint is routinely controlled by the TSA. Yes on the sound bite. Please contact Daniel Jiron our PIO to let him know (328-8412).
Sent: Tuesday, November 17, 2009 10:43 AM
To: 'Anderson, Mike'
Cc: Jiron, Daniel ; 'Santiago, Magdalena‘; Norman, Dave; Pierotti, Peter H.
Subject: RE: Folo Question
The video at the checkpoint is routinely controlled by the TSA. Yes on the sound bite. Please contact Daniel Jiron our PIO to let him know (328-8412).
From: Katz, Marshall
Sent: Wednesday, December 16, 2009 11:17 AM
To: Pierotti, Peter H.
Subject: FW: Folo Question
From: Anderson, Mike [mailto:MAnderson%AT%kob.com]
Sent: Tuesday, November 17, 2009 10:47 AM
To: Katz, Marshall
Subject: RE: Folo Question 10-4.
i am still not sure we will do anything on it, but will call Dan and set up thru him. Thanks and be safe.
With best regards!
Mike Anderson
Domestique
KOB-TV News Desk
505-764-2453
Sent: Wednesday, December 16, 2009 11:17 AM
To: Pierotti, Peter H.
Subject: FW: Folo Question
From: Anderson, Mike [mailto:MAnderson%AT%kob.com]
Sent: Tuesday, November 17, 2009 10:47 AM
To: Katz, Marshall
Subject: RE: Folo Question 10-4.
i am still not sure we will do anything on it, but will call Dan and set up thru him. Thanks and be safe.
With best regards!
Mike Anderson
Domestique
KOB-TV News Desk
505-764-2453
From: Pierotti, Peter H. [mailtopierotti%AT%cabq.gov]
Sent: Tuesday, November 17, 2009 10:54 AM
To: Katz, Marshall
Cc: Jiron, Daniel ; Santiago, Magdalena; Norman, Dave
Subject: RE: Folo Question
Dear Marshall:
Earlier this year, we established a policy on release of video:
> Production of Closed Circuit Video Recordings (09-1)
>
> The Aviation Department from time to time is requested by media sources and
> others to produce closed circuit video recordings for review or copying. lt
> is the policy of the Aviation Department that all such requests must be
> reviewed by the Operations Director, who will determine whether any specific
> recordings exist, and whether any existing recordings are appropriate for
> production. lf the Operations Director determines that a requested video is
> appropriate for production but contains sensitive security information, a
> copy of the video will be forwarded to TSA for further review and
> disposition.
>
> Administrative Directive 2009-1
Sent: Tuesday, November 17, 2009 10:54 AM
To: Katz, Marshall
Cc: Jiron, Daniel ; Santiago, Magdalena; Norman, Dave
Subject: RE: Folo Question
Dear Marshall:
Earlier this year, we established a policy on release of video:
> Production of Closed Circuit Video Recordings (09-1)
>
> The Aviation Department from time to time is requested by media sources and
> others to produce closed circuit video recordings for review or copying. lt
> is the policy of the Aviation Department that all such requests must be
> reviewed by the Operations Director, who will determine whether any specific
> recordings exist, and whether any existing recordings are appropriate for
> production. lf the Operations Director determines that a requested video is
> appropriate for production but contains sensitive security information, a
> copy of the video will be forwarded to TSA for further review and
> disposition.
>
> Administrative Directive 2009-1
From: Katz, Marshall
Sent: Wednesday, December 16, 2009 11:23 AM
To: Pierotti, Peter H.
Subject: FW: Folo Question
From: Norman, Dave
Sent: Tuesday, November 17, 2009 11:08 AM
To: Pierotti, Peter H. Cc: Katz, Marshall ; Jiron, Daniel
Subject: RE: Folo Question
Peter ~
True! Good point! Any video in this case may likely be from TSA checkpoint cameras, which makes me say it will be a TSA call! If we have any video from Airport cameras that is useful, we shall follow the Admin Directive 2009-1 guidance.
Thanks.
N2
Sent: Wednesday, December 16, 2009 11:23 AM
To: Pierotti, Peter H.
Subject: FW: Folo Question
From: Norman, Dave
Sent: Tuesday, November 17, 2009 11:08 AM
To: Pierotti, Peter H. Cc: Katz, Marshall ; Jiron, Daniel
Subject: RE: Folo Question
Peter ~
True! Good point! Any video in this case may likely be from TSA checkpoint cameras, which makes me say it will be a TSA call! If we have any video from Airport cameras that is useful, we shall follow the Admin Directive 2009-1 guidance.
Thanks.
N2
From: Katz, Marshall
Sent: Wednesday, December 16, 2009 11:21 AM
To: Pierotti, Peter H.
Subject: FW: KOB
From: Norman, Dave
Sent: Tuesday, November 17, 2009 10:20 AM
To: Bakas, Nick S. Cc: Pierotti, Peter H.; Katz, Marshall ; Jiron, Daniel
Subject: FW: KOB
Nick ~
The link below details the Criminal Trespass issue I mentioned this morning, from the arrestee's point-of·view. I left a copy of our Police Report with Fontaine. I have no issue with Aviation's procedures or posture other than the officer's failing to mention or accomplish checked luggage retrieval from the air carrier.
N2
Sent: Wednesday, December 16, 2009 11:21 AM
To: Pierotti, Peter H.
Subject: FW: KOB
From: Norman, Dave
Sent: Tuesday, November 17, 2009 10:20 AM
To: Bakas, Nick S. Cc: Pierotti, Peter H.; Katz, Marshall ; Jiron, Daniel
Subject: FW: KOB
Nick ~
The link below details the Criminal Trespass issue I mentioned this morning, from the arrestee's point-of·view. I left a copy of our Police Report with Fontaine. I have no issue with Aviation's procedures or posture other than the officer's failing to mention or accomplish checked luggage retrieval from the air carrier.
N2
From: Katz, Marshall
Sent: Wednesday, December 16, 2009 11:22 AM
To: Pierotti, Peter H.
Subject: FW: Folo Question
From: Santiago, Magdalena [mailto:Maggie.Santiago%AT%dhs.gov]
Sent: Tuesday, November 17, 2009 1:07 PM
To: Pierotti, Peter H.; Katz, Marshall
Cc: Jiron, Daniel ; Norman, Dave
Subject: RE: Folo Question
FYI - there is no surveillance video of the incident as it is unfolding at the TDC station at the checkpoint. The camera that might have captured that area is a "pan and tilt" and was aimed in the opposite direction during this incident.
Maggie Santiago
Deputy Federal Security Director
Department of Homeland Security
Transportation Security Administration - ABQ/SAF/FMN/GUP/ROW
(505) 246-4106
Sent: Wednesday, December 16, 2009 11:22 AM
To: Pierotti, Peter H.
Subject: FW: Folo Question
From: Santiago, Magdalena [mailto:Maggie.Santiago%AT%dhs.gov]
Sent: Tuesday, November 17, 2009 1:07 PM
To: Pierotti, Peter H.; Katz, Marshall
Cc: Jiron, Daniel ; Norman, Dave
Subject: RE: Folo Question
FYI - there is no surveillance video of the incident as it is unfolding at the TDC station at the checkpoint. The camera that might have captured that area is a "pan and tilt" and was aimed in the opposite direction during this incident.
Maggie Santiago
Deputy Federal Security Director
Department of Homeland Security
Transportation Security Administration - ABQ/SAF/FMN/GUP/ROW
(505) 246-4106
From: Jiron, Daniel
Sent: Friday, November 20, 2009 3:54 PM
To: Pierotti, Peter H.
Cc: Bakas, Nick S.; Norman, Dave; Katz, Marshall ; 'Santiago, MagdaIena'
Subject: Phillip Mocek request
Attached please see the request for records relating to Mr. Mocek's arrest. Peter, I believe this is your arena, please let me know if you need anything from me. Thanks.
<< File: Mocek request.pdf >>
Daniel Jiron
Public information Officer
Albuquerque International Sunport
Office: 505.244.7780
Mobile: 505.328.8412
Fax: 505.244.7783
www.cabg.gov/airport
Sent: Friday, November 20, 2009 3:54 PM
To: Pierotti, Peter H.
Cc: Bakas, Nick S.; Norman, Dave; Katz, Marshall ; 'Santiago, MagdaIena'
Subject: Phillip Mocek request
Attached please see the request for records relating to Mr. Mocek's arrest. Peter, I believe this is your arena, please let me know if you need anything from me. Thanks.
<< File: Mocek request.pdf >>
Daniel Jiron
Public information Officer
Albuquerque International Sunport
Office: 505.244.7780
Mobile: 505.328.8412
Fax: 505.244.7783
www.cabg.gov/airport
From: Pierotti, Peter H.
Sent: Friday, November 20, 2009 4:41 PM
To: Jiron, Daniel ; Norman, Dave; Katz, Marshall ; 'Santiago, Magdalena'; Dilley, Bobby
Cc: Bakas, Nick S.
Subject: RE: Phillip Mocek request
To All involved in the Mocek incident and arrest:
I will respond to the records request, but I need to hear from each of you on what information is available. I ask each of you to review the list below, and e—mail me to advise of any items on the list which you have under your control. Your response to this e-mail likely will be sent with the information which is eventually produced.
Thank you,
Peter H. Pierotti
Assistant City Attorney
505-244-7784 Aviation
505-977-1014 Cell
List of items reguested:
* all audio recordings of radio and telephone communication between any
combination of TSA checkpoint staff, airport security staff, and airport
police at Albuquerque International Sunport Airport on Sunday, November 15,
2009, between 14:20 and 14:50 local time.
* all video recordings, audio recordings, and still images of TSA document
check station (the location at which staff at several podiums examine
passengers' documents prior to their entry to the queue for luggage
searches and walk-through metal detection) and also of the areas that
comprise the route from there to airport police department holding cell at
Albuquerque International Sunport Airport on Sunday, November 15,2009,
between 14:20 and 14:50 local time.
* all video recordings, audio recordings, and still images of Albuquerque
International Sunport Airport police department holding cell and the room
to which it is attached on Sunday, November 15,2009, during the time that
Phillip Mocek, a.k.a., Phillip Mosack, a.k.a., John Doe, was held there.
* all video recordings, audio recordings, and still images of Jesse Gallegos
being escorted off the Albuquerque International Sunport Airport property
on November 15, 2009 (this occurred at approximately 14:45).
* any other communication regarding passengers Jesse Gallegos and Phillip
Mocek, a.k.a., Phillip Mosack, a.k.a., John Doe, beginning Sunday November
15, 2009.
Sent: Friday, November 20, 2009 4:41 PM
To: Jiron, Daniel ; Norman, Dave; Katz, Marshall ; 'Santiago, Magdalena'; Dilley, Bobby
Cc: Bakas, Nick S.
Subject: RE: Phillip Mocek request
To All involved in the Mocek incident and arrest:
I will respond to the records request, but I need to hear from each of you on what information is available. I ask each of you to review the list below, and e—mail me to advise of any items on the list which you have under your control. Your response to this e-mail likely will be sent with the information which is eventually produced.
Thank you,
Peter H. Pierotti
Assistant City Attorney
505-244-7784 Aviation
505-977-1014 Cell
List of items reguested:
* all audio recordings of radio and telephone communication between any
combination of TSA checkpoint staff, airport security staff, and airport
police at Albuquerque International Sunport Airport on Sunday, November 15,
2009, between 14:20 and 14:50 local time.
* all video recordings, audio recordings, and still images of TSA document
check station (the location at which staff at several podiums examine
passengers' documents prior to their entry to the queue for luggage
searches and walk-through metal detection) and also of the areas that
comprise the route from there to airport police department holding cell at
Albuquerque International Sunport Airport on Sunday, November 15,2009,
between 14:20 and 14:50 local time.
* all video recordings, audio recordings, and still images of Albuquerque
International Sunport Airport police department holding cell and the room
to which it is attached on Sunday, November 15,2009, during the time that
Phillip Mocek, a.k.a., Phillip Mosack, a.k.a., John Doe, was held there.
* all video recordings, audio recordings, and still images of Jesse Gallegos
being escorted off the Albuquerque International Sunport Airport property
on November 15, 2009 (this occurred at approximately 14:45).
* any other communication regarding passengers Jesse Gallegos and Phillip
Mocek, a.k.a., Phillip Mosack, a.k.a., John Doe, beginning Sunday November
15, 2009.
From: Pierotti, Peter H.
Sent: Monday, November 23, 2009 12:31 PM
To: Pierotti, Peter H.; Jiron, Daniel ; Norman, Dave; Katz, Marshall ; 'Santiago, Magdalena'; Dilley, Bobby
Cc: Bakas, Nick S.
Subject: RE: Phillip Mocek request
I ask each of you to please review the list below and respond to me as soon as possible. The law requires a prompt response from us. Let me know what information exists and does not exist.
Thank you, Peter Peter H. Pierotti
Assistant City Attorney
PO Box 2248 Albuquerque NM 87103
505-244-7784 (Aviation)
505-977-1014 (Cell)
Sent: Monday, November 23, 2009 12:31 PM
To: Pierotti, Peter H.; Jiron, Daniel ; Norman, Dave; Katz, Marshall ; 'Santiago, Magdalena'; Dilley, Bobby
Cc: Bakas, Nick S.
Subject: RE: Phillip Mocek request
I ask each of you to please review the list below and respond to me as soon as possible. The law requires a prompt response from us. Let me know what information exists and does not exist.
Thank you, Peter Peter H. Pierotti
Assistant City Attorney
PO Box 2248 Albuquerque NM 87103
505-244-7784 (Aviation)
505-977-1014 (Cell)
From: Santiago, Magdalena [Maggie.Santiago%AT%dhs.gov]
Sent: Monday, November 23, 2009 1:03 PM
To: Pierotti, Peter H.; Jiron, Daniel; Norman, Dave; Katz, Marshall; Santiago, Maggie; Dilley, Bobby
Cc: Bakas, Nick S.
Subject: Re: Phillip Mocek request
I am away from the office today traveling back from out of state. I am not able to view Mr. Mocek's letter but based on the listed items Mr. Pierotti laid out I can tell you that TSA does NOT have any video or audio tape related to this incident. The one camera that could have captured the incident at the Ticket Document Checking Station that day is a pan and tilt (controlled by the airport Comm Center) and was aimed in the opposite direction that day during the incident. Our folks are not equipped with voice recorders as the Aviation Police are.
I will review the request closely when I return to the office and let you know if we have anything. Thanks.
Maggie Santiago
Deputy Federal Security Director
TSA—ABQ
Sent: Monday, November 23, 2009 1:03 PM
To: Pierotti, Peter H.; Jiron, Daniel; Norman, Dave; Katz, Marshall; Santiago, Maggie; Dilley, Bobby
Cc: Bakas, Nick S.
Subject: Re: Phillip Mocek request
I am away from the office today traveling back from out of state. I am not able to view Mr. Mocek's letter but based on the listed items Mr. Pierotti laid out I can tell you that TSA does NOT have any video or audio tape related to this incident. The one camera that could have captured the incident at the Ticket Document Checking Station that day is a pan and tilt (controlled by the airport Comm Center) and was aimed in the opposite direction that day during the incident. Our folks are not equipped with voice recorders as the Aviation Police are.
I will review the request closely when I return to the office and let you know if we have anything. Thanks.
Maggie Santiago
Deputy Federal Security Director
TSA—ABQ
From: Pierotti, Peter H. <ppierotti%AT%cabq.gov>
To: Pierotti, Peter H. <ppierotti%AT%cabq.gov>; Jiron, Daniel <djiron%AT%cabq.gov>; Norman, Dave <ndnorman%AT%cabq.gov>; Katz, Marshall <mkatz%AT%cabq.gov>; Santiago, Magdalena <Maggie.Santiago%AT%dhs.gov>; Dilley, Bobby <bdilley%AT%cabq.gov>
Cc: Bakas, Nick S. <NBakas%AT%cabq.gov>
Sent: Mon Nov 23 14:30:43 2009
Subject: RE: Phillip Mocek request
I ask each of you to please review the list below and respond to me as soon as possible. The law requires a prompt response from us. Let me know what information exists and does not exist.
Thank you,
Peter Peter H. Pierotti
Assistant City Attorney
PO Box 2248
Albuquerque NM 87103
505-244-7784 (Aviation)
505-977-1014 (Cell)
To: Pierotti, Peter H. <ppierotti%AT%cabq.gov>; Jiron, Daniel <djiron%AT%cabq.gov>; Norman, Dave <ndnorman%AT%cabq.gov>; Katz, Marshall <mkatz%AT%cabq.gov>; Santiago, Magdalena <Maggie.Santiago%AT%dhs.gov>; Dilley, Bobby <bdilley%AT%cabq.gov>
Cc: Bakas, Nick S. <NBakas%AT%cabq.gov>
Sent: Mon Nov 23 14:30:43 2009
Subject: RE: Phillip Mocek request
I ask each of you to please review the list below and respond to me as soon as possible. The law requires a prompt response from us. Let me know what information exists and does not exist.
Thank you,
Peter Peter H. Pierotti
Assistant City Attorney
PO Box 2248
Albuquerque NM 87103
505-244-7784 (Aviation)
505-977-1014 (Cell)
From: Norman, Dave
Sent: Monday, November 23, 2009 3:27 PM
To: Pierotti, Peter H.; Jiron, Daniel ; Katz, Marshall ; 'Santiago, Magdalena'; Dilley, Bobby
Cc: Bakas, Nick S.; Dickman, Jessica
Subject: RE: Phillip Mocek request
Peter ~
Marshall says that Bill Showalter @ SWA says that there was NO checked luggage activity on Sunday 11/15 for Philip Mocek.
N2
Sent: Monday, November 23, 2009 3:27 PM
To: Pierotti, Peter H.; Jiron, Daniel ; Katz, Marshall ; 'Santiago, Magdalena'; Dilley, Bobby
Cc: Bakas, Nick S.; Dickman, Jessica
Subject: RE: Phillip Mocek request
Peter ~
Marshall says that Bill Showalter @ SWA says that there was NO checked luggage activity on Sunday 11/15 for Philip Mocek.
N2
RE: Phillip Mocek request
From: Santiago, Magdalena [Maggie.Santiago%AT%dhs.gov]
Sent: Tuesday, November 24, 2009 10:14 AM
To: Pierotti, Peter H.
Subject: RE: Phillip Mocek request
Mr. Pierotti, TSA cannot provide any of the requested items. We do not record telephone conversations, we have no audio recording capability at the checkpoint during incidents and as noted previously, we have no video tape of the incident at the checkpoint. Thank you.
Maggie Santiago
Deputy Federal Security Director
Department of Homeland Security
Transportation Security Administration - ABQ/SAF/FMN/GUP/ROW
(505) 246-4106
From: Santiago, Magdalena [Maggie.Santiago%AT%dhs.gov]
Sent: Tuesday, November 24, 2009 10:14 AM
To: Pierotti, Peter H.
Subject: RE: Phillip Mocek request
Mr. Pierotti, TSA cannot provide any of the requested items. We do not record telephone conversations, we have no audio recording capability at the checkpoint during incidents and as noted previously, we have no video tape of the incident at the checkpoint. Thank you.
Maggie Santiago
Deputy Federal Security Director
Department of Homeland Security
Transportation Security Administration - ABQ/SAF/FMN/GUP/ROW
(505) 246-4106
Last edited by Kiwi Flyer; May 2, 2010 at 7:05 pm Reason: merge consecutive posts
#577
Suspended
Join Date: Jul 2008
Posts: 2,726
If I were sitting on that jury, it would be "no videotape, not guilty on presumption of innocence."
#578
Join Date: Feb 2010
Posts: 12
I would caution you to "never forget" that any attorney is an officer of the court & does not work for you. He has to be sure that he serves the devil in the black dress oops meant robe or he might just find himself out of a job. TSA is not a lawful agency they are contracted for hire cops= administrative in nature. You have the power to make your att behave propoerly by understanding that you can file bar grievances against him for not doing as you direct him to do in properly defending your rights hot privileges. Very powerful tool bar complaints 3 total = no insurance & out of work. Hope this helps you & thanks for your couregous stand against these criminals!
Please forgive the mispelled words> it's late & brain is misfiring!
Please forgive the mispelled words> it's late & brain is misfiring!
Last edited by Kiwi Flyer; May 2, 2010 at 7:06 pm Reason: merge consecutive posts
#579
FlyerTalk Evangelist
Join Date: Jun 2004
Location: MSP
Programs: DL PM, MM, NR; HH Diamond, Bonvoy LT Gold, Hyatt Explorist, IHG Diamond, others
Posts: 12,159
I would caution you to "never forget" that any attorney is an officer of the court & does not work for you. He has to be sure that he serves the devil in the black dress oops meant robe or he might just find himself out of a job. TSA is not a lawful agency they are contracted for hire cops= administrative in nature. You have the power to make your att behave propoerly by understanding that you can file bar grievances against him for not doing as you direct him to do in properly defending your rights hot privileges. Very powerful tool bar complaints 3 total = no insurance & out of work. Hope this helps you & thanks for your couregous stand against these criminals!
#580
Join Date: Jun 2008
Location: FLL
Posts: 393
I would caution you to "never forget" that any attorney is an officer of the court & does not work for you. He has to be sure that he serves the devil in the black dress oops meant robe or he might just find himself out of a job. TSA is not a lawful agency they are contracted for hire cops= administrative in nature. You have the power to make your att behave propoerly by understanding that you can file bar grievances against him for not doing as you direct him to do in properly defending your rights hot privileges. Very powerful tool bar complaints 3 total = no insurance & out of work. Hope this helps you & thanks for your couregous stand against these criminals!
Attorneys are "officers of the court" with respect to the rules of candor and respect. A defense attorney works for his client. His duty under the law is to diligently defend his client to the extent possible under the law. You breach that, you're being brought before the disciplinary committee to ask why.
#581
Join Date: Jan 2009
Location: Wherever liberty is threatened
Programs: TSA Disparager Silver
Posts: 314
The ACLU doesn't really handle criminal cases. Given my conversations with top ACLU attorneys both professionally and personally, I am sure they would be happy to take the civil end of Phil's case.
But since they seem interested, and a few months have passed, it would not be a bad time to call again and see if they're really interested in helping.
#582
Join Date: Feb 2002
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Is anyone planning on attending the trial? I am going to head out on Saturday and leave late Monday night (assunming this is scheduled as a one day trial). Should be VERY interesting if this actually goes to a jury trial.
Last edited by PDXbased1K; Apr 30, 2010 at 1:04 pm
#583
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However, the better way where he need to stay out of his mind own business and he doesn't have any problems at airport. He will have to take his advantage of the defense attorney will put him on the trials. If he will found not guilty of the charges or the judge will eventually to drop all of these charges against Mr. M. Likewise, he will not want to see ABQ police department anymore or anywhere near TSA personnel. He will have try to be respectable against Mr. M is doing his mind own business and he is never wrong anything more common sense. He should have to be discipline.
Obviously, he will have to be there at the courts on-time. If he will eventually to wins the case against ABQ police department or TSA. He will have to show up at the court on June 2010. He will have to do review the incident against the police officer. He cannot allow to have arrested him. He could have to do something for him. I think the attorney will have to get more investigated against ABQ police department. I can't allow to says anything about him at airport during his arrests.
#584
Join Date: Apr 2008
Location: USA
Posts: 1,439
info received from City of Albuquerque via 2009-11-19 public disclosure request
more public information:
Trial date: Monday, June 14, 2010, 9:30 a.m.
Court: Bernalillo County Metropolitan Court
Case number: CR 25737/09 (if direct link doesn't work, go to search page, complete CAPTCHA, then search for criminal case 2573709)
Judge: Julie N. Altwies
Defense attorney: Nancy Hollander
Charges:
Code:
# Overview # 46 printed pages and four CD-ROMs were provided by the Albuquerque City Attorney's office in response to my (Phillip Mocek's) November 19, 2009, public disclosure requests to the ABQ Airport Authority and Albuquerque Police Department. I scanned the pages, created a PDF file, and performed some rudimentary OCR to make the file somewhat searchable. For this document, I've extracted what seem to be the most significant portions of those documents, cleaned up the text and added some notes. last modified: 2010-02-09T12:00-0800 # Table of content # * New Mexico Uniform Incident Report and Criminal Complaint * Albuquerque Police Department Pre-booking Worksheet * Criminal Trespass Notification-Order Not to Return * Supplemental Report (Delapena) * Supplemental Report (Vigil) * Supplemental Report (Wiggins) * Initiation of Proceedings * Statement from Jonathan Breedon, TSA LTSO * Statement from Anthony M. Schreiner, TSA Supervisor * Notice of Hearing * Correspondence with Albuquerque re: public info request * Police Call History * E-mail * 2009-11-17 08:29, Mike Anderson, Marshall Katz * 2009-11-17 09:21, Mike Anderson * 2009-11-17 10:37, Marshall Katz * 2009-11-17 10:40, Mike Anderson * 2009-11-17 10:43, Marshall Katz * 2009-11-17 10:47, Mike Anderson, Marshall Katz * 2009-11-17 10:54, Peter Pierotti * 2009-11-17 11:08, Dave Norman, Marshall Katz * 2009-11-17 11:21, Dave Norman, Marshall Katz * 2009-11-17 13:07, Magdalena Santiago, Marshall Katz * 2009-11-20 15:54, Daniel Jiron * 2009-11-20 16:41, Peter Pierotti * 2009-11-23 12:31, Peter Pierotti * 2009-11-23 13:03, Magdalena Santiago * 2009-11-23 14:30, Peter Pierotti * 2009-11-23 15:27, Dave Norman * 2009-11-24 10:14, Magdalena Santiago # New Mexico Uniform Incident Report and Criminal Complaint # 2009-11-15 14:37 ORI nbr: NM 0010100 Case nbr: 090115050 Agency: Albuquerque Police Department District: 321AV Incident nbr: 091100445 ## Offense ## 1. Disorderly Conduct 5311, 30-20-1 2. Concealing Identity 4802, 12-2-16 3. Resisting/Obstructing/Refusing Ofc 4801, 12-2-19 4. Criminal Trespass 5707, 12-2-3 ## Subjects ## arrestee: Refused reporting party: Anthony Schreiner D.O.B.: 1960-06-28 TSA Supervisor reporting party: Jonathan Breedon D.O.B.: 1981-04-24 TSA "Lead" witness: Gerald Romero D.O.B.: 1952-09-21 TSA Supervisor victim: State of New Mexico ## Synopsis ## ALBUQUERQUE AVIATION POLICE DEPARTMENT: On the listed date, while at the T.S.A. Security checkpoint, at the Albuquerque Sunport, was refusing to identify himself which is required in order for him to enter past the checkpoint. He was causing a disturbance. Upon my arrival the listed defendant continued causing a disturbance by Disorderly Conduct, he was finally Issued a Criminal Trespass Order which he refused to obey, He refused to identify himself, all committed my presence ## Narrative ## I was on duty in full police uniform displaying my badge of office as a Albuquerque Aviation Police Officer, when I was contacted by an agent with the Transportation Services Administration (T.S.A.) who asked for immediate police assistance at the Ticket / Document Area of the Security checkpoint. Upon my arrival I was met by T.S.A. agents and a T.S.A. Supervisor. I was advised, while the listed offender was attempting to pass through the security checkpoint, he was asked to present an ID. I was further informed that he was refusing and began causing a disturbance, by yelling and then proceeded to photograph the surrounding checkpoint area T.S.A. Agents and passengers. I introduced myself to the offender and asked him to please comply with the requests of the T.S.A. agents so that he could proceed through the security checkpoint. He responded by telling me that he knew his rights. I explained to him that the T.S.A. has a procedure that has to be followed for all who enter through the security checkpoint. The T.S.A. supervisor asked the offender to stop taking photographs of the T.S.A. Agents, passengers and of the Security Checkpoint, pursuant to their policy. The offender continued to refuse and had his voice raised at a level that it was now creating a disturbance. I ordered the offender to lower his voice and stop creating a disturbance or I would have him leave the airport. He continued to refuse (four times), Finally, I issued him a verbal Criminal Trespass Order and ordered him to leave the airport he refused, and told me he knew his rights. At that point I informed him he was now under arrest for Disorderly Conduct and Refusing to Obey a lawful order of a police officer. I next asked the offender for his name. He refused several times to identify himself saying he wished to remain silent. I informed him if he did not provide his name he would be booked for Concealing Identity also. He acknowledged and told me he was not going to provide me with any identification of himself. His bags were searched pursuant to his arrest and no identification was found. F.B.I. was subsequently contacted. I placed the offender under arrest and transported him to the Albuquerque Aviation Police Office where I completed the arrest paperwork. Included in that paperwork was a Criminal Trespass Notification—Order Not to Return document. the offender refused to sign this document, however I read it to him and explained he was not allowed to return back to the Albuquerque Sunport. He responded by saying he knew his rights and still refused to sign the document. therefore I wrote "Refused" on the signature line of this document. Also I notified this offender that his travel bags would be held here at the Aviation Police Department Office for safekeeping. I next transported this offender to the Prisoner Transport Center where custody was exchanged. It shall noted the T.S.A. agents prepared statements explaining incident that occurred, for details please refer to those attached statements. ## Cert. / Status ## Reporting officer: Dilley, Robert F (rank P1C, ID A227) Assisting officer: Wiggins, Landra (rank P1C, ID A1671) Approving officer: Rojas, Ernesto (rank SGT, ID A1699) # Albuquerque Police Department Pre-booking Worksheet # Case nbr: 090115050 APD CAD nbr: 091100445 Name, SSN, alias, street address, city, state, place of birth: refused Arresting information: Arrest: Arrest date: 2009-11-15 Time: 14:37 Location: 2200 Sunport SE (security checkpoint) City: Albuquerque Beat: 321AV Arresting officer: Dilley, Robert F (ID: A227) Searched by: R.F. Dilley Arresting information: Charges: * Disorderly Conduct 5311, 30-20-1 * Concealing Identity 4802, 12-2-16 * Resisting/Obstructing/Refusing Ofc 4801, 12-2-19 * Criminal Trespass 5707, 12-2-3 Property: Cash property: 299.00 Other personal property: check #2162 Vehicle towed to: N/A Keys left with: N/A Officer's signature:(blank) Floor officer's signature: (blank) Detention center custody: (blank) Date: (blank) Arrestee accepted by: (blank) # Criminal Trespass Notification-Order Not to Return # Incident nbr: 091100445 Report nbr: 090115050 Business: Albuquerque Sunport Address: 2200 Sunport SE Proprietor: City of Albuquerque Date: 2009-11-15 This is to notify John Doe (AKA Phillip Mocek), that that you have hereby been denied consent to enter or remain on or about the property located at 2200 Sunport SE, which is in the City of Albuquerque, New Mexico. If you do return to this property you will be in violation of the Criminal Trespass New Mexico State Statute 30-14-1, dated 1978, or the City of Albuquerque Criminal Trespass Law, section 12-2-3, Ordinance No. 96-1973, dated August 1, 1994. Failure to comply with this notice can result in your arrest. Subject's Name: John Doe (AKA Phillip Mocek) Date of Birth: Refused Social Security: Refused Subject's signature: Refused Proprietor's signature: (blank) Officer's signature: (signed, illegible) PD #3085 Rev 8/99 # Supplemental Report (Delapena) # Orig offense date: 2009-11-15 Supp date: 2009-11-15 ALBUQUERQUE AVIATION POLICE ON NOVEMBER 15, 2009 I WAS ON DUTY IN FULL POLICE UNIFORM MONITORING THE TRANSPORTATION SECURITY ADMINISTRATION FEDERAL CHECKPOINT LOCATED AT THE ALBUOUEROUE INTERNATIONAL AIRPORT. THE CURRENT NATIONAL AVIATION ALERT LEVEL IS "HIGH". I OBSERVED TRANSPORTATION SECURITY OFFICERS ASK OFFICER B.DILLEY FOR POLICE ASSISTANCE WITH A PASSENGER AT THE IDENTIFICATION AND DOCUMENT DESK. THE T.S.A. OFFICERS STATED THE SUSPECT (JOHN DOE) REFUSED TO SHOW ANY OFFICIAL IDENTIFICATION WITH A PHOTO AND REFUSED TO HAVE HIS BACKPACKS SEARCHED. T.S.A. OFFICERS REPORTED (JOHN DOE) WAS CAUSING A DISTURBANCE AND YELLING. OFFICERS APPROACHED (JOHN DOE) AND HE WAS ASKED BY OFFICER B.DILLEY TO COMPLY WITH T.S.A PROCEDURES SO HE COULD GO THROUGH THE CHECKPOINT. I OVER HEAR (JOHN DOE ) STATE "I KNOW MY RIGHTS" WITH A LOUD VOICE CAUSING ATTENTION FROM OTHER PASSENGERS. IN FACT HIS VOICE WAS SO LOUD HE WAS CAUSING OTHER PASSENGERS TO HESITATE BEFORE CONTINUING THROUGH THE CHECKPOINT. AGAIN THE PROCEDURES WERE EXPLAINED TO (JOHN DOE) THAT ALL PASSENGERS MUST FOLLOW WHO ENTER THROUGH THE CHECKPOINT. I OBSERVED (JOHN DOE ) REFUSE TO COMPLY AND YELLED OUT LOUD "I KNOW MY RIGHTS" I REFUSE TO BE SEARCHED" . JOHN DOE CONTINUED TO RAISE HIS VOICE TO A LEVEL OF CREATING A DISTURBANCE REFUSING LAWFUL ORDERS TO CALM DOWN. JOHN DOE WAS ORDER TO LOWER HIS VOICE AND LEAVE THE AIRPORT HE REFUSED AND STATED "I KNOW MY RIGHTS" AND REFUSED SEVERAL ORDERS TO LEAVE. OFFICER DILLEY ISSUED A VERBAL ORDER TO LEAVE AGAIN OR FACE CRIMINAL TRESPASS AND REFUSING TO OBEY A LAWFUL ORDER OF A POLICE OFFICER. SUSPECT (JOHN DOE ) WAS ASKED AGAIN FOR IDENTIFICATION AND HE REFUSED SAYING I WANT TO REMAIN SILENT. SUSPECT REFUSED AND WAS PLACED UNDER ARREST. SUSPECT WAS ESCORTED TO AVIATION POLICE DEPARTMENT FOR PROCESSING WITHOUT INCIDENT. Status: Reporting officer: Delapena, Julio A Assisting officer: Dilley, Robert F Approving officer: Rojas, Ernesto # Supplemental Report (Vigil) # Orig offense date: 2009-11-15 Supp date: 2009-11-16 ALBUQUERQUE AVIATION POLICE DEPARTMENT On 11/16/09 at approximately 1230 hrs. I was contacted at the police station by Mr. Phillip Mocek who advised me that he had been arrested on Sunday evening on several different charges and his belongings were left here in the office. I located the three items in Sgt. Rojas office which were a black in color backpack, a black in color s computer type bag and a rolled up banner. I turned over the items to Mr. Mocek and he did state that everything s was in order and he left the area. Mr. Mocek returned to the police station a few minutes later and stated in front of Deputy Chief R. Szmania who was also present that his digital camera had been messed with and all the photos were erased but the memory card was still in the camera. I advised Mr. Mocek that I had no knowledge of the incident other then returning his items to him. Mr. Mocek advised me that he would be filing a complaint against the officers that had arrested him and then he left the area. Status: Reporting officer: Vigil, Raymond F Assisting officer: (blank) Approving officer: Szmania, Robert J # Supplemental Report (Wiggins) # Orig offense date: 2009-11-15 Supp date: 2009-11-15 Aviation Police Department While at the Albuquerque security checkpoint, I assisted Aviation Police Officer Robert Dilley with an individual who was disturbing the peace. The subject was talking in a loud tone of voice stating he did not do anything because it was his right to be able to take photos in a public accessible places. The subjects behavior caused the traveling public to stop and take notice. I observed the subject taking photos of TSA staff and of the Aviation Police Officers even after he was told not to. Officer Dilley asked the subject to clam down and tried to explain the procurers at the checkpoint, but he continued arguing. At that time, Officer Dilley asked him for his identification and he refused to supply any forms of I.D. I observed the subject verbally refuse to gave any form of written or verbal ID to Officer Dilley. I observed Officer Dilley, warn the subject if he did not supply him with any form of ID he could be arrested for concealing his identity. I obsewed the subject, continue to be recalcitrant toward Officer Dilley and would not answer any questions. He kept indicating he knew his rights and stated he choose the right to remain silent. At that point, the subject was arrested, searched and escort to the Aviation Police Department for processing without further incident. Status: Reporting officer: Wiggins, Landra Assisting officer: (blank) Approving officer: Rojas, Ernesto # Initiation of Proceedings # Name: John Doe (other identifying info: refused) Officer: Dilley, Robert F (APD A227) Criminal Complaint: I was on duty in full police uniform displaying my badge of office as a Albuquerque Aviation Police Officer, when I was contacted by an agent with the Transportation Services Administration (T.S.A.) who asked for immediate police assistance at the Ticket / Document Area of the Security checkpoint. Upon my arrival I was met by T.S.A. agents and a T.S.A. Supervisor. I was advised, while the listed defendant was attempting to pass through the security checkpoint, he was asked to present an ID. I was further told informed that he was refusing and began causing a disturbance, by yelling and then proceeded to photograph the surrounding checkpoint area T.S.A. Agents and passengers. I introduced myself to the defendant and asked him to please comply with the requests of the T.S.A. agents so that he could proceed through the security checkpoint. He responded by telling me that he knew his rights. I explained to him that the T.S.A. has a procedure that has to be followed for all who enter through the security checkpoint. The T.S.A. supervisor asked the defendant to stop taking photographs of the T.S.A. Agents, passengers and of the Security Checkpoint, pursuant to their policy. The Defendant continued to refuse and had his voice raised at a level that it was now creating a disturbance. I ordered the defendant to lower his voice and stop creating a disturbance or I would have him leave the airport. He continued to refuse (four times), Finally, I issued him a verbal Criminal Trespass Order and ordered him to leave the airport he refused, and told me he knew his rights. At that point I informed him he was now under arrest for Disorderly Conduct and Refusing to Obey a lawful order of a police officer. I next asked the defendant for his name. He refused several times to identify himself saying he wished to remain silent. I informed him if he did not provide his name he would be booked for Concealing Identity also. He acknowledged and told me he was not going to provide me with any identification of himself. His bags were searched pursuant to his arrest and no identification was found. F.B.I. was subsequently contacted. ## PAM: comparison to previously-filed complaint ## ## differences - summary ### The word "offender" was replaced with "defendant" throughout. The report stops just prior to arrest, omitting descriptions of arrest, completion of paperwork, issuance of a criminal trespass notification (and refusal to sign), reading and explanation of the notification, notification that belongings would be held for safe keeping, transportation away from airport, exchange of custody, and note that TSA agents prepared statements. ### differences - detail ### --- criminal complaint +++ initiation of proceedings @@ -3,44 +3,28 @@ Transportation Services Administration (T.S.A.) who asked for immediate police assistance at the Ticket / Document Area of the Security checkpoint. Upon my arrival I was met by T.S.A. agents and a T.S.A. Supervisor. I was advised, -while the listed offender was attempting to pass through the security -checkpoint, he was asked to present an ID. I was further informed that he was +while the listed defendant was attempting to pass through the security +checkpoint, he was asked to present an ID. I was further told informed that he was refusing and began causing a disturbance, by yelling and then proceeded to photograph the surrounding checkpoint area T.S.A. Agents and passengers. I -introduced myself to the offender and asked him to please comply with the +introduced myself to the defendant and asked him to please comply with the requests of the T.S.A. agents so that he could proceed through the security checkpoint. He responded by telling me that he knew his rights. I explained to him that the T.S.A. has a procedure that has to be followed for all who enter -through the security checkpoint. The T.S.A. supervisor asked the offender to +through the security checkpoint. The T.S.A. supervisor asked the defendant to stop taking photographs of the T.S.A. Agents, passengers and of the Security Checkpoint, pursuant to their policy. -The offender continued to refuse and had his voice raised at a level that it -was now creating a disturbance. I ordered the offender to lower his voice and +The Defendant continued to refuse and had his voice raised at a level that it +was now creating a disturbance. I ordered the defendant to lower his voice and stop creating a disturbance or I would have him leave the airport. He continued to refuse (four times), Finally, I issued him a verbal Criminal Trespass Order and ordered him to leave the airport he refused, and told me he knew his rights. At that point I informed him he was now under arrest for Disorderly Conduct and Refusing to Obey a lawful order of a police officer. I -next asked the offender for his name. He refused several times to identify +next asked the defendant for his name. He refused several times to identify himself saying he wished to remain silent. I informed him if he did not provide his name he would be booked for Concealing Identity also. He acknowledged and told me he was not going to provide me with any identification of himself. His bags were searched pursuant to his arrest and no identification was found. F.B.I. was subsequently contacted. - -I placed the offender under arrest and transported him to the Albuquerque -Aviation Police Office where I completed the arrest paperwork. Included in that -paperwork was a Criminal Trespass Notification—Order Not to Return document. -the offender refused to sign this document, however I read it to him and -explained he was not allowed to return back to the Albuquerque Sunport. He -responded by saying he knew his rights and still refused to sign the document. -therefore I wrote "Refused" on the signature line of this document. Also I -notified this offender that his travel bags would be held here at the Aviation -Police Department Office for safekeeping. - -I next transported this offender to the Prisoner Transport Center where -custody was exchanged. - -It shall noted the T.S.A. agents prepared statements explaining incident that -occurred, for details please refer to those attached statements. # Statement from Jonathan Breedon, TSA LTSO # Statement for record On 16 November 2009 at approximately 1430 ticketed Southwest Airlines passenger Phillp Mocek entered the A/B Security Checkpoint at the Albuquerque International Sunport Airport. Passenger Mocek presented his travel document, a boarding pass, to Lead Transportation Security Officer (LTSO) Greg Martinez. LTSO Martinez asked passenger Mocek for identification and Mocek responded that he did not have any form of identification. LTSO Martinez then notiied me that passenger Mocek required additional screening due to not having any identification. I took possession of passenger Moceks' boarding pass. I asked passenger Mocek if he had anything in his possession that would help me verify his identity. Passenger Mocek responded that he did not want to provide identification and that he was to understand that he was not required to. I informed passenger Mocek that he was correct and that I could verify his identity another way, however if he had anything with his name on it that it would help with the process. Passenger Mocek responded and stated that he wouldn't provide anything because it was his right not to. I informed passenger Mocek that I would contact our Security Operations Center at which point they would attempt to verify his identity with other information and if they could not verify his identity he would not be allowed to proceed through the checkpoint. I contacted Supervisory Transportation Security Officer (STSO) Anthony Schreiner via radio to request the assistance of a Behavior Detection Officer (BDO). BDO Laura Moots approached the area where I was located before STSO Schreiner could respond. I asked BDO Moots for assistance and informed her of the situation and events that had occurred up to that point. BDO Moots informed me that the request for BDO assistance had to come from a STSO. I contacted STSO Schreiner via radio and requested BDO assistance and informed him the request had to come from a STSO. I started to complete the documentation required by the Identity Verification Call Center (IVCC). I had filled out the passengers name and date portion of the form when I noticed that passenger Mocek had a camera in his hand and it appeared that he was taking pictures or videotaping the process I was conducting. I informed passenger Mocek that he need to stop immediately. Passenger Mocek responded that he didn't think it was illegal and it was his right to be able to take pictures in an area accessible to the public. I informed passenger Mocek that he was not allowed to take pictures of or video tape the processes at the checkpoint. I then, via radio, requested an STSO to have a Law Enforcement Officer respond to the Travel Document Checking (TDC) area immediately. STSO Schreiner approached the TDC area as I was again attempting to explain to passenger Mocek that he could not take pictures of or video tape the processes at the checkpoint. I informed STSO Schreiner of the events that had occurred and Transportation Security Manager (TSM) Gerald Romero also heard of those events as he approached the TDC area. TSM Romero asked passenger Mocek to put his camera away to which Mocek responded with the same statement as previously, he didn't think it was illegal and it was his right to be able to take pictures in an area accessible to the public. Albuquerque Aviation Police Department (AAPD) Officer Robert Dilley approached TSM Romero and asked what the situation was. TSM Romero informed Officer Diller of the events. Officer Dilley approached passenger Mocek with AAPD Officers Landra Vwfiggins and AAPD Ofncer Julio De La Pena. After engaging passenger Mocek, the AAPD officers asked Mocek several questions and the situation escalated to the point Where an AAPD officer informed Mocek he would not he allowed to fly. I then handed passenger Moceks' boarding pass to Officer De la Pena. The situation escalated again and Officer Dilley, Officer Wiggins, and Officer De La Pena escorted passenger Mocek from the A/B Security Checkpoint. LTSO Jonathan Breedon # Statement from Anthony M. Schreiner, TSA Supervisor # November 15, 2OO0 At approximately 1434 on this date I responded to a radio call from Jonathan Breedon who was stationed at the Travel Document Checker (TDC) position. He was asking for a Behavior Detection Officer (BDO) spot assist. I responded with noting that he was in immediate contact with the BDO team and he could ask for assistance directly. He told me that he was not allowed to ask directly and I began to head out to the TDC position to assist with the situation when Jonathan called for a LEO to his location immediately. I turned to STSO Adam Sena and advised him to call a LEO and again headed directly to the TDC. Upon reaching TDC I approached LTSO Jonathan Breedon and a hostile male individual. I was informed by LTSO Breedon that the individual did not show identification and was in the process of taking pictures and recording conversation of the identification process. The male interrupted the conversation between LTSO Breedon and myself and pointed a camera at me and as he took a picture asked, "You mean I'm not allowed to take pictures in a public place; in the public area of an airport." I tried to tell him that while I was trying to address his concerns I did not wish for him to take pictures of me without my consent. It was at this time that several Albuquerque Aviation Police Officers showed up and I quickly advised Officer Robert Dilley of the individual's resistance to comply with clearance procedures and his taping and picture taking. Officer Dilley moved right in front of the man and took control of the situation and was helped by AAPD Officers Landra Wiggins and Julio De La Pena. I noticed that the man became more belligerent with each question by the officers and in a threatening manner took photos of each of the officers. As the officers took care of the situation I was alerted that he had a flying companion whom I made sure had been cleared by the TDC process. When I found that he had been cleared I asked him to standby, but not to interfere with the officens procedure. I asked the second male to proceed through and he stated that he wanted to make sure that his friend was going to be alright. As I was escorting him out into the general area he commented that they didn't mean any harm and that, "This is something we do all the time. it keeps us all more alert." He asked to speak to one of the officers to find out what the status of his companion was stating that, "They can search us both. They're going to see that we have nothing on us. We are both clean; we have nothing to hide." He then approached the officers as they were escorting his companion out of hte checkpoint and started asking them questions about his traveling partner. The incident at the TDC ended at approximately 1440 hours. Anthony M. Schreiner Supervisor, TSA-ABQ # Notice of Hearing # State of New Mexico City of Albuquerque vs. Mosack Phillip Case nbr: CR 25737/09 Date of Notice: 2009-11-16 Date: Friday, 2010-02-05 Time: 2:00 p.m. Judge: Julie N. Altwies Court: Criminal Trial Room: 360 # Correspondence with Albuquerque re: public info request # Several pages of letters and e-mail are included, amounting to the entirety of Mocek's communications with Peter H. Pierotti, Assistant City Attorney. # Police Call History # Detailed History for Police Call #A091100445 As of 11/24/2009 11:06:33 Priority:2 Type:39 - Disturbance Location:SECURE CHECK POINT,AV1 at 2 CONNECTOR,AVI LocCross:btwn 3RD LEVEL and B CONCOURSE Created: 11/15/2009 14:37:29 ACAD05 A5103 Entered: 11/15/2009 14:37:29 ACAD05 A5103 Dispatch: 11/15/2009 14:37:29 ACAD05 A5103 Enroute: 11/15/2009 14:37:29 ACAD05 A5103 Onscene: 11/15/2009 14:37:29 ACAD05 A5103 Control: 11/15/2009 15:23:39 ACAD05 A5103 Transprt: 11/15/2009 16:43:16 ACAD05 A5103 Complete: 11/15/2009 16:55:29 ACAD05 A5103 Closed: 11/15/2009 17:15:58 ACAD06 A5101 PrimeUnit:AV116 Dispo:42 Type:39 - Disturbance Agency:AVI AreaC/Dist:AVI Sector:AVI Beat:321AV Case #:AP090115050 14:37:29 CREATE Location:SECURE CHECK POINT,AVI Type:31 AreaC/Dist:AVI BEAT/F-BOX:321AV TypeDesc:Susp Pers/Vehs LocDesc:at 2 CONNECTOR,AVI LocCross:btwn 3RD LEVEL and B CONCOURSE Priority:2 Response:20 Agency:AVI Sector/Sta:AVI LocType:C 14:37:29 -TEMPNO Number:A$ACAD05476 Series:A 14:37:29 ENTRY Comment:UNSECURE SIDE OF CHECKPOINT: WILL ADVISE 14:37:29 DISPOS AV116 Location:SECURE CHECK POINT,AVI Operator:A227 OperNames:DILLEY,ROBERT F 14:37:29 -PRIU AV116 14:37:29 -PREMIS Comment:PPR 14:37:30 -PERMNO Number:A$ACADO5476-->A091100445 14:44:43 BACKUP AV135 UnitID:AV116 Dperator:A3181 OperNames:DE LA PENA,JULIO 14:44:47 BACKUP AV137 UnitID:AV116 Operator:A1671 OperNames:WIGGINS,LANDRA 14:45:06 ONSCN AV135 14:45:10 ONSCN AV137 14:45:33 MISC AV116 Comment:10·16 ENROUTE 10-19 REF 10-39 14:45:53 CHANGE AV116 Type:31-->39 TypeDesc:Susp Pers/Vehs-->Disturbance 14:50:05 CLEAR AV135 Dispo:8 15:04:36 -TEMPNO Number:AP$ACAD0577 Series:AP 15:04:36 CASE Case#:AP090115050 15:04:38 -PERMNO Number:AP$ACAD0577-->AP09011505D 15:22:52 MISC AV137 Comment:10-21 FBI AND HAVE AN ON-DURTY AGENT TO CALL 15:23:39 OK AV116 15:54:25 OK AV116 15:54:27 OK AV137 16:40:16 OK AV116 16:40:18 OK AV137 16:42:09 CLEAR AV137 Dispo:8 16:43:16 TRANSP AV116 Location:PTC,ALB Mileage:13388 Comment:@ 1642 HRS 16:55:29 CMPLT AV116 Location:PTC,ALB M11eage:13393.2 Comment:@ 1654 HRS 17:05:46 CHGLOC AV116 Location:POLICE OFFICE,AVI 17:15:58 CLEAR AV116 Dispo:42 17:15:58 -CLEAR 17:15:58 CLOSE file://C:\HammerHead\Albuquerque\Live\DisplayDB600EA601CA6D30.dat 11/24/09 # E-mail # Note: Most e-mail messages in the materials provided by Albuquerque's public information officer (Peter Pierotti) contained quoted copies of other messages. For this document, those messages were separated and sorted into chronological order, then duplicates were removed. [removed; see previous comment]
Court: Bernalillo County Metropolitan Court
Case number: CR 25737/09 (if direct link doesn't work, go to search page, complete CAPTCHA, then search for criminal case 2573709)
Judge: Julie N. Altwies
Defense attorney: Nancy Hollander
Charges:
#585
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,513
They say all over the place that you were taking pictures or video, but then they deleted it. Looks like that might cause a very serious problem for them depending on laws concerning destruction of evidence and presumption of credibility.
Also, didn't the cops just copy the narratives from each other? It doesn't look like they each wrote their own.
Finally, can you upload the audio you got from the cops' audio recorders?
Also, didn't the cops just copy the narratives from each other? It doesn't look like they each wrote their own.
Finally, can you upload the audio you got from the cops' audio recorders?