By Vic Vela
Albuquerque Journal
Albuquerque, NM — A hearing officer has recommended that a former cop, who was allegedly caught on an FBI tape arranging shady deals with a known criminal, be stripped of his law enforcement certification.
Jose Valencia, a former detective with the Santa Fe Police Department, could have his license revoked for at least eight years when the Law Enforcement Academy Board takes up the matter at a meeting next week, according to board director Art Ortiz.
Hearing officer Mark Radosevich made his recommendation late last week, after three days of testimony - spanning a four-month period - that wrapped up May 24.
Chief among the allegations against Valencia is that he promised a gun to Maximiliano Gonzales, an alleged drug dealer whom Valencia has known for years, with the knowledge that Gonzales would use the weapon to commit murder.
Gonzales never followed through on the alleged plan and Valencia argued that the conversations were taken out of context.
Valencia has also been accused of providing descriptions of undercover drug officers to Gonzales, among other allegations.
The FBI contacted Santa Fe police about the February 2008 recordings, leading to an internal affairs investigation in which many of the original allegations were sustained. The city fired Valencia earlier this year. Valencia and his attorneys deny the allegations, saying they stemmed from dislike of Valencia, a former police union president, within the department. Valencia and his attorney also argued that the recordings - which have poor sound quality - were altered.
David Foster, Valencia’s attorney, said Radosevich’s recommendation is “a bit harsh” considering that the hearing officer refused to hear testimony from an audio technician, who was expected to say that the recordings had been edited or spliced.
“There was no reason to keep out testimony regarding the authenticity of the tapes,” Foster said. “Which is an essential part of the case.”
Foster said he does not expect a good outcome for his client when the board meets to determine Valencia’s fate on June 15. The attorney already plans to appeal the board’s upcoming decision to state District Court.
A spokesman for the Attorney General’s Office - the agency that handles prosecution of the administrative hearings - said he was pleased with Radosevich’s recommendation.
“But it’s not over, since the hearing officer’s recommendation still has to go to the board,” said spokesman Phil Sisneros.
Copyright 2010 Albuquerque Journal