The heat gets turned up another notch... We are told Mr. Bailey has received a response from Ms. Samuels and the matter has been referred to the DOJs Criminal and Special Litigation Sections. ------------------------------------------------------------- July 13, 2014 Jocelyn Samuels Acting Assistant Attorney general U.S. Department of Justice Civil Rights Division Washington, DC 20530 Re: Complaint against the Office of District Attorney, 2nd Judicial District of New Mexico Dear Ms. Samuels: This letter is to serve as a formal document of Complaint against the Bernalillo County District Attorney’s Office (DA) in general and District Attorney Kari Brandenburg in specific. This complaint is predicated on the apparent failures, omissions, inaction and perceived constitutionally impermissible conduct demonstrated by the Albuquerque Police Department (APD) and this Office. The Albuquerque NAACP, the Mitchell Family and a coalition of community groups and organizations strongly urge your office to conduct a fact finding inquiry into our joint assertions. They surround the shooting death of a young African American Iraq War Veteran, Jonathan Mitchell, by Donnie Pearson. We contend that the DA’s Office worked in concert with APD to deny Jonathan his right to a preliminary hearing and a fair review of his case. Further, there is documented credible evidence and sworn testimony that will ground and substantiate our request for federal intervention. On March 19, 2013, Jonathan was shot and killed by Donnie Pearson. We contend that Mr. Pearson had no law enforcement authority or legal right to commit this killing. After, careful review of the facts, any fair minded thinking person will conclude that Mr. Pearson should not have been in the area to engage Jonathan in the first place. During this deadly encounter, Mr. Pearson made a clear and conscious decision to bring his teenage son with him who witnessed this horrific event. The NAACP, the Mitchell Family and a coalition of community groups and organizations have consistently demanded that Mr. Pearson be charged with at least Child Abuse/Reckless Endangerment and Manslaughter, but to no avail. Because of apparent failures, omissions, inaction, perceived negligence on the part of APD investigators and the DA’s Office, and a blatant disregard to consider sworn testimony of a direct eye witness to the events surrounding this killing, Jonathan’s brother, Benjamin Mitchell, it is our collective belief that Jonathan has been denied his constitutional and civil rights of due process and equal protection. The following will provide additional specificity to support our request for a federal review: 1. DA Brandenburg demonstrated reckless and deliberate conduct by denying Jonathan his right to a preliminary hearing, regardless of the credible evidence and sworn testimony presented. 2. Questionable investigative work during the discovery period and collection of evidence by APD officers have influenced the NAACP and the Mitchell Family to believe that there could be some elements of collusion with the DA’s Office that produce discriminatory results. In particular, the denial of two requests for a preliminary hearing for an objective and fair review of the facts. 3. This perceived relationship between APD and the DA’s Office establishes a nexus that produced constitutionally impermissible results that adversely affected Jonathan’s case and denied him certain rights and privileges guaranteed and protected under federal law. 4. Regardless of the controversies surrounding witness testimony, collection of evidence, omission of some relevant evidence and documents and conflicting accounts of what actually transpired before, during and after the shooting, the perceived collusion between APD and the DA’s Office continues to cause harm to Jonathan’s efforts to receive a fair review of the facts. 5. It seems that a pattern or historical practice has been established between APD and the DA’s Office to consistently deny requests for preliminary hearings when issues of controversy exist. 6. Jonathan’s due process and equal protection rights are continuingly being violated by the inaction of DA Brandenburg. 7. The NAACP and others are suspicious that the decision made by DA Brandenburg, not to call for a preliminary hearing, is biased and possibly made to clear APD investigators of any wrong doing. 8. We further believe that there was questionable scrutiny demonstrated by APD during the discovery process and that they failed to collect forensic and other evidence that would have influenced them to file some criminal charges against Mr. Pearson. 9. We also contend that the inaction, on the part of DA Brandenburg, is an egregious oversight and it appears that she is not being held accountable for her apparent constitutionally impermissible conduct. 10. We jointly feel that race could be a factor in this matter of controversy because Jonathan Mitchell was an African American male. The Albuquerque NAACP and the Mitchell Family request that your office assign a fact finding investigator to determine the credibility of this request. Related documents, sworn testimony, and pertinent evidence can be provided for your review and inspection upon your request. Thank you for your attention and consideration. Respectfully, Harold Bailey, Ph.D. President Albuquerque NAACP 1408 San Pablo NE Albuquerque, New Mexico 87110 505.908.0796 Cc: DA Brandenburg, Mitchell Family, Coalition Groups, New Mexico U.S Attorney
Posted on: Tue, 15 Jul 2014 14:05:04 +0000
Trending Topics
Recently Viewed Topics
© 2015