Leonard Fresquez murder file
| Tracking # |
23-1944 |
| Submitted | Feb. 24, 2023 |
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Communications
From: Wesley Lowery
To Whom It May Concern:
Pursuant to the New Mexico Inspection of Public Records Act, I hereby request the following records:
The police incident report and investigative file concerning the June 25, 2022 armed robbery and deadly shooting of Leonard Fresquez.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.
Sincerely,
Wesley Lowery
From: Albuquerque Police Department
City of Albuquerque
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Your first City of Albuquerque record request (request number #23-1944) has been submitted.
It is currently unpublished and is not available for the general public to view.
Greetings:
We have received your request for public records and will begin processing your request. This correspondence is intended to acknowledge your request and alert you that it may take up to fifteen days to process your request. NMSA 1978 14-2-8(D). We will be in contact with you as we process your request if we need additional information or if it appears that your request is excessively burdensome and broad.
Please be advised, if you are requesting lapel and/or 911 audio from the Albuquerque Police Department (APD), your request may take a significant amount of time to review and provide the records. In lieu of the 911 audio, my office can provide the Computer Aided Dispatch (CAD). The CAD provides information of when the call was received, when and what officers were dispatched, and a description of what happens throughout the incident. In addition, please keep in mind a 5 minute lapel video can take up to 20 minutes to review depending on the type of redactions that are necessary to complete. Please do not hesitate to contact us if you would like to know the status of your request, and please communicate all questions and status updates via NextRequest.
You may access your request by signing into your NextRequest profile at the following website:
If you have not created a profile, go to the following link:
Sincerely,
Ethan Watson
City Clerk
Request #23-1944.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Albuquerque Police Department
City of Albuquerque
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A message was sent to you regarding record request #23-1944:
Hello,
Please be advised upon further review, we have determined your request is “excessively burdensome and broad,” and my office respectfully requests an “additional reasonable period of time” to complete the request. NMSA 1978, § 14-2-10. We will continue to update you on our progress. Finally, we will promptly contact you as soon as those documents become available for your inspection or pick up.
Please let me know if you have any questions.
Sincerely,
Diane Roberts
IPRA Specialist for APD
Office of the City Clerk
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Albuquerque Police Department
City of Albuquerque
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A message was sent to you regarding record request #23-1944:
Hello Wesley Lowery,
We are currently processing a high volume of requests for public records. Your request is still open with our office. We will be in touch as we have additional information about your request or as we complete processing your records.
Sincerely,
CHRISTOPHER C. COCKRELL
Police Public Records Clerk
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Albuquerque Police Department
City of Albuquerque
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A document has been released to you for record request #23-1944:
* INVOICE 23-1944.xls
Document links are valid for one month.
After June 10, you will need to sign in to view the document(s).
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
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INVOICE_23-1944
From: Albuquerque Police Department
City of Albuquerque
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An invoice has been created for record request #23-1944.
Hello Wesley Lowery,
This email will acknowledge completion of your public records request dated February 26, 2023. Please be aware that I redacted protected personal identifier information contained in the requested records, pursuant to NMSA 1978, Section 14-2-1.1. NOTE: This includes: all but the last four digits of a (1) taxpayer ID number; (2) financial account number; (3) credit/debit card number; (4) driver’s license number; AND (5) all but the year of a person’s date of birth; AND (6) social security number; AND (7) nonelected government employee’s home street address, but not the city state or zip code. I have redacted/exempted portion(s) of the records because they are exempt from disclosure under IPRA, NMSA 1978, Section 14-2-1(A) (medical records); Section 14-6-1(A) (medical records); Section 14-2-1(L) (as otherwise provided by law, including NMRA Rule 11-504 (physician-patient and psychotherapist-patient privilege)). See generally 45 C.F.R. §§ 160, 164 (HIPAA). Additional information was redacted and some records fully exempted. NMSA 1978, § 14-2-1(L) (as otherwise provided by law), including 34 U.S.C. § 40706 (federal DNA identification); New Mexico Constitution Article II, Section 24 (Rights of Crime Victims); NMSA 1978, Sections 31-26-1 to -16 (Victims of Crime Act); Section 29-16-8(A) (DNA Identification Act); NMAC 10.14.200.11(A)-(B)). I also redacted certain information which could reveal the identities of undercover police officers or informants. This information is exempt from the Inspection of Public Records Act. See NMSA 1978, § 14-2-1.2(A)(7) (confidential sources, methods or information). If made public, the redacted information would seriously interfere with the effectiveness of criminal investigations and prosecutions, and endanger undercover police officers or informants. I also redacted/exempted some confidential law enforcement information. See NMSA 1978, § 14-2-1(D) (law enforcement records), including §14-2-1.2(A)(7) (confidential sources, methods or information). Finally, I redacted trade secret information because it is exempt from disclosure under Section 14-2-1(F), NMSA 1978.
The City of Albuquerque has provided all records that are responsive to your request. If you believe that you have requested records that have not been provided, please contact us by 5/24/2023 with information concerning the records you believe were not provided.
Responsive records:
* Reports (on CD, per request)
Office of the City Clerk – 7th FLOOR
600 2nd Street NW
Albuquerque, NM 87102
Our hours of operation are 8:00AM – 5PM M-F. If mailing in payment, please mail a copy of the attached invoice with your payment
You may access your invoice by signing into your NextRequest profile at the following website:
https://nextrequest.cabq.gov/users/sign_in
If you have not created a profile, go to the following link:
https://nextrequest.cabq.gov/sign_in_help
Please make payment of ($6.75). Payment can be made online by credit card/debit card through the NextRequest portal or can be mailed to our office at the address above. Payment may also be made in person in our office. Additional options to pay are by cash or by company check or money order, payable to “City of Albuquerque”. For payments by mail, please provide a copy of the attached invoice.
If you are seeking to inspect the responsive records at no cost, the inspection will take place at the Office of the City Clerk, located at 600 2nd Street NW, Albuquerque, NM 87102. That office is located on the 7th floor of that building. Please contact the Office of the City Clerk (505) 924-3650 if you have any questions related to the inspection at their office.
Please let me know if you have any questions.
Sincerely,
CHRISTOPHER C. COCKRELL
Police Public Records Clerk
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Albuquerque Police Department
City of Albuquerque
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Record request #23-1944 has been closed. The closure reason supplied was:
Hello Wesley Lowery,
The City of Albuquerque has provided all records that are responsive to your request. If you believe that you have requested records that have not been provided, please contact us by 5/24/2023 with information concerning the records you believe were not provided.
Sincerely,
CHRISTOPHER C. COCKRELL
Police Public Records Clerk
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Wesley Lowery
To Whom It May Concern:
Please find enclosed a check for $6.75 to satisfy the fee associated with the attached public records request.
Thank you.
City of Albuquerque
IPRA Office
7th Floor
600 2nd Street NW
Albuquerque, NM 87102
From: Albuquerque Police Department
City of Albuquerque
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Your invoice for record request #23-1944 has been paid.
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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at City of Albuquerque.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Albuquerque Police Department
A copy of documents responsive to the request.
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Responsive Documents