It’s one of the most shocking and infamous cases to ever
come out of New Mexico: A man, falsely suspected of carrying drugs, forced to
undergo multiple anal cavity searches.
Now, a year and half after the incident and six months after
a settlement of $1.6 million in local taxpayer money was announced, New Mexico
Watchdog has learned at least three police officers involved in the case are
still on the job, while the status of three others remains a secret.
Deming Police Chief Brandon Gigante told New Mexico Watchdog
all three officers in his department who were listed as defendants in a
subsequent lawsuit are on active duty. Gigante wouldn’t say why or reveal if
the officers were disciplined.
“That is a personnel matter,” Gigante said in a telephone
interview.
Three members of the Hidalgo County Sheriff’s Office were
also listed in the lawsuit, but county officials refused to answer any
questions about their status in the aftermath of the case involving Lordsburg,
N.M., resident David Eckert.
A settlement was announced in January in which the
64-year-old Eckert will get $950,000 from the city of Deming and $650,000 from
Hidalgo County — a total of $1.6 million for which taxpayers in the two communities
are responsible.
According to the lawsuit, in early 2013 Eckert was pulled
over by Deming police allegedly for not coming to a full stop at a stop sign in
a Walmart parking lot in Deming. Hidalgo County sheriff’s officers also arrived
on the scene.
Authorities suspected Eckert was carrying drugs inside his
anal cavity and over a 14-hour period subjected Eckert to two rounds of X-rays
and three enemas and took him to a hospital in another county where Eckert was
forced to undergo a colonoscopy.
No drugs were found. Eckert also received a bill for $6,000
for the colonoscopy. The case made international headlines.
Two messages left with Hidalgo County Sheriff Saturnino
Madero have gone unreturned.
Hidalgo County Commissioner Darr Shannon told New Mexico
Watchdog, “I don’t know (about the status of the officers). I hate to admit it,
but I don’t know anything … A county commissioner cannot have anything to do
with personnel matters.”
Hidalgo County Commission Chairman Ed “Bim” Kerr referred
questions to the county manager, Jose Salazar, who referred questions to the
county’s attorney in the Eckert case, Damian Martinez.
“I can’t give any comment as to that,” Martinez said when
contacted by New Mexico Watchdog.
Why not?
“I know where you’re coming from, but I’m (part of a)
private law firm and my law firm’s policy is we don’t discuss litigation,”
Martinez said. “Sorry I couldn’t help you, but I like your website.”
If public money has been spent, don’t taxpayers have a right
to know if the officers involved are still on the force?
“It’s (Madero’s) department,” Shannon said. “I would be like
you, I would be wanting to find out for the public, but I’m here to tell you
government works in a way that is extremely odd, especially county government.”
New Mexico Watchdog is in the process of filing an
Inspection of Public Records Act request with Deming and Hidalgo County
authorities, seeking information about the case.
When news of the Eckert case broke, Deming Police Chief
Gigante told KOB-TV, “We follow the law in every aspect, and we follow policies
and protocols that we have in place.”
