Request #16-141



January 15, 2016 via email


Albuquerque Police Department


Ryan Boetel






Point of Contact

Anthony Simoes


0 hours 21 minutes

Staff Cost


Request Closed   Hide Public

Mr. Boetel, we have denied your requests for production of: (1) the audio recording (Next Request no. 16-141) and (2) the transcript  (Next Request no. 16-652) of former Lt. Brachle’s interview regarding the shooting of Officer Jacob Grant.


The administrative, Internal Affairs interview conducted with Lt. Brachle  is exempt from disclosure pursuant to NMSA 1978, § 14-2-1(A)(3)[matters of opinion], and NMSA 1978, § 14-2-1(A)(8); case law from New Mexico’s appellate courts and the U.S. Supreme Court support this position, those cases include, but are not limited to, Garrity v. New Jersey, 385 U.S. 493 (1967), State ex rel. Newsome v. Alarid, 1977-NMSC-076, 90 N.M. 790 (1977), Cox v. New Mexico Dept. of Public Safety, 2010-NMCA-096, 148 NM 934 (2010), and Leirer v. New Mexico Dept. of Public Safety, 2016 WL 3958959 (unpublished opinion).


This matter will be closed.


Kind regards,


Office of the APD Records Custodian

Anthony Simoes

APD Records Custodian/IPRA Supervisor

400 Roma Avenue NW, Alb., NM 87102

Office (505) 768-2137

Cell (505) 980-4944
March 3, 2017, 9:45am
Request Published Public
February 4, 2016, 4:20pm
Department Assignment Public
Albuquerque Police Department
January 19, 2016, 9:26am
Request Opened Public
Request received via email
January 19, 2016, 9:26am