Family lawyer of teen killed in SWAT standoff says city taking too long to hand over evidence

ALBUQUERQUE, N.M. (KRQE) – It’s been six months considering that a teenager was killed in a SWAT standoff. Now, his family’s attorney said they are nonetheless functioning to get what they need to file a wrongful loss of life lawsuit and claimed the town is not coming as a result of with all the data they are requesting.

The lawful team of Brett Rosenau’s family stated they have only gained a small amount of money of the proof they requested. The household submitted a general public info ask for violation lawsuit in August, boasting the metropolis is withholding facts on the SWAT problem that led to the loss of life of 15-12 months-old Brett Rosenau.

“We’re presently litigating it now, and we’re hoping that the judge will aid us get the information and facts we’re in search of in the near long run,” mentioned Taylor Smith, the legal professional representing Rosenau’s loved ones.

Rosenau died right after that standoff turned into a fireplace an investigation later on showed the fireplace was probable induced by a pepper spray canister made use of by legislation enforcement.

The family’s legal professional said that every single other agency they have submitted a documents request with, which include the Bernalillo County Sheriff’s Office, which aided the Albuquerque Police Department on that SWAT callout, has turned around what they have requested for.

“Anytime we have asked the town for answers as to why it’s taking so very long, I would refer to this gaslighting, you know, they are inclined to explain to us that we are asking for as well considerably details as well rapidly.”

In courtroom Tuesday, the metropolis responded to the defense’s request for a motion to compel, stating they’ve informed the lawyer it will consider a extended time to method the ask for mainly because of how significant it is.

The metropolis reported the preliminary request was submitted on July 12, just days after the incident, and that they instructed the family members it would consider lengthier. The match was then filed on August 3.  

In accordance to that response in court docket, the metropolis claimed they have near to 300 movies, which are 8 to 10 hrs extended, which need to be sifted via and appropriately redacted. They explained that a request with these lengths of movie will consider months to make.

The city also said all the things that is out there has been appropriately redacted has been handed over, and no request has been denied. It stated its IPRA personnel proceeds to prepare the rest of the family’s requests.

In December, Brett Rosenau’s aunt also filed a lawsuit in opposition to the town and Albuquerque law enforcement, proclaiming a violation of public information law.