Albuquerque, New Mexico (PRWEB) September 14, 2012
STATE OF NEW MEXICO
COUNTY OF BERNALILLO
IN THE SECOND JUDICIAL DISTRICT COURT
KATHERINE PIERCE, Individually
and as Personal Representative of the Estate
of SCOTT PIERCE, Deceased
THE CITY OF ALBUQUERQUE.
Nearly four years after Katherine's husband of only six days, Scott Pierce, was murdered, she has agreed to accept payment of a Tort Claims Act “occurrence cap plus costs” ($439,000, the maximum the city was ever obligated to pay) from the City of Albuquerque, to resolve litigation, but wishes to emphasize that her agreement to settle is not about money. According to her attorneys Ben Davis and Brad Hall, Katherine’s agreement to settle is driven by her reaching an end to her long fight for answers, as to how this could have happened to her husband. A trial will provide no more answers.
On June 28, 2008, Clifton Bloomfield invaded the Pierces’ new home, and murdered Scott Pierce, Katherine’s husband of six days, in front of her.
In litigation, Katherine learned that Bloomfield: (1) was on supervised probation at the time of her husband’s murder; (2) that APD’s Crime Lab already possessed Bloomfield’s DNA under the fingernail of an earlier victim, Tak Yi, killed seven months earlier by Bloomfield; (3) that partial samples of Bloomfield’s DNA were also in the crime lab from two other murders in Albuquerque; (4) that Bloomfield’s DNA was in the CODIS national database from Arizona crimes, before DNA was collected in these New Mexico murders and crimes; (5) that Judge Murdoch had ordered Bloomfield’s DNA be uploaded into the system in June, 2007, at the APD crime lab, after a conviction for a 2005 North Valley home invasion, which was not done, but would have led to a “hit”; (6) that Bloomfield’s DNA from the Yi crime scene was not discovered under Mr. Yi’s fingernail, nor timely tested, because APD detectives and supervisors were “all in” on a demonstrably false confession by a magazine salesman named Rowley; (7) and that APD had numerous other contacts with Clifton Bloomfield that should have required his arrest under both the Family Violence Protection Act, and our probation system, regardless of any ‘false confession’ by a magazine salesman.
Timeline of relevant police reports generated by Clifton Bloomfield:
October 24, 2005: Murder of Carlos Esquibel
October 27, 2005: Battery on a Household Member and Domestic Violence against his girlfriend
October 27, 2005: Murder of Josephine Selvage
November 29, 2005, BCSO CASE: Armed Robbery, Aggravated Burglary, Kidnapping wherein BCSO Det. J. Hampsten investigated and captured Bloomfield, leading to a guilty plea entered on 06/11/07, and a Court Order on 06/06/07 requiring DNA be processed and tested, and supervised probation for Bloomfield until June, 2011. The following APD involvement with Bloomfield then occurred:
August 5, 2007: Felony False Imprisonment, Telephone Harassment and Domestic Violence against his same girlfriend
October 12, 2007: Physical Altercation (Battery) against a male friend of this same girlfriend
November 16, 2007: Felony Aggravated Battery on a Household Member, Domestic Violence, Felony False Imprisonment against the same girlfriend
December 3, 2007: Murders of Tak and Pung Yi
February 19, 2008: Burglary investigation on Krim Drive NE.
Negligent Failure to Arrest and Investigate Bloomfield:
According to attorney Ben Davis, for all of Bloomfield's crimes occurring after June, 2007, an arrest order could easily have been obtained for probation violations relative to at least four separate events, under our probation system. In addition, the New Mexico Family Violence Protection Act mandates arrest in situations such as the August 5th and November 16th, 2007, incidents, separate from the probation system. In addition, “Katie’s Law” required that the City of Albuquerque Crime Lab upload Bloomfield’s DNA, which the City received in its crime lab per the Order of Judge Murdoch arising from the BCSO 2005 “Garcia home invasion” case. Also, partial DNA was in the crime lab for the Esquibel and Selvage murders. Ms. Pierce believes she learned from litigation that if APD officers and supervisors had not been negligent, Mr. and Mrs. Yi would not have been murdered by Bloomfield on December 3, 2007, and her husband would not have been murdered by Bloomfield on June 28, 2008.
Negligent Reliance on a False Confession:
After four years of litigation and investigation, Pirece's legal team discovered that APD detectives dynamically obtained what appears to be a fabricated confession from a mentally infirm magazine salesman named Rowley, after convincing him (falsely) that another magazine salesman had pointed the finger at Rowley. According to Ben Davis and Brad Hall, demonstrable efforts were made by Detectives that are on videotape to successfully obtain the fabricated confession, for which the city settled the Michael Lee federal civil rights case. As a result, testing evidence for DNA from the victim’s body was called off in the Yi case, and Detectives negligently stopped any further serious efforts to solve the Yi murders, even as waves of information came in establishing that the two magazine salesmen had no connection whatsoever to the Yi murders. Eventually, the District Attorney realized the cases against the magazine salesmen had to be dismissed because there was no evidence against them, but Scott Pierce had already been killed by Clifton Bloomfield.
Katherine Pierce does not hold any ill will towards any particular law enforcement personnel or members of the District Attorney’s office for negligence, and fully understands that Clifton Bloomfield killed her husband. She hopes her case and her loss will remind future investigators and supervisors to keep an open mind as evidence rolls in.
Further questions or requests to interview Katherine Pierce can be directed to her attorneys: Ben Davis: 505-750-8742 or 505-918-4444; or Brad Hall: 505-255-6300 or 505-400-1192;
To see more details about this case, please see "Katherine Pierce v. City of Albuququerque: Case Details" on Ben Davis' blog.