Convicted drug co-conspirator Maureen Patterson-Montgomery said she sat in her bathtub and cooperated with officers when an Albuquerque police dog chomped on her left arm, leaving it bloodied, weak and with a loss of feeling.
The 22-year-old daughter of a former Jemez Springs police officer also testified at trial this week that she didn't hear officers' warnings before they entered her apartment. Police had issued three warnings, two after they broke in the door, that the dog would be sent in to find her and her boyfriend if they didn't come out of her small apartment.
Her story didn't fly.
After deliberating a little more than an hour Wednesday, a federal jury ruled Albuquerque police officer Andrew Lehocky did not use excessive force as alleged by Patterson-Montgomery.
Lawyers for Lehocky and the city were pleased.
"I believe the jury made clear with its verdict that ... Patterson-Montgomery had to be accountable for her conduct," said lawyer Stephen French, highlighting a point his co-counsel, Luis Robles, made in closing arguments.
Patterson-Montgomery sued Lehocky, the dog's handler, over the bites she received in April 2000. That's when Lehocky and other officers forced their way into her apartment, which housed meth lab evidence, near Academy and Marcheta NE.
In closings, Robles said that using the dog, Bart, was the safest and most effective way of taking her and her boyfriend into custody. Robles also said Patterson-Montgomery harbored her felon boyfriend, housed a meth lab and would not cooperate with police.
The day of the incident, police were after James Laney, 25, who Patterson-Montgomery has since married. Laney was wanted for a crash in a stolen Mazda that killed 27-year-old Sean Roseberry on April 14, 2000.
Police said Laney ran from the crash, which occurred just yards from the apartment and Patterson-Montgomery helped him leave the area.
On April 25, 2000, police watched over the apartment after getting information that Laney was there and learned he was making meth. Officers entered without a warrant to stop evidence from being destroyed, and the dog found the two hiding in the bathroom, Robles said.
Patterson-Montgomery's lawyer, Sam Bregman, could not be reached after the verdict. The defeat marked the third in as many dog-bite lawsuits he filed against Lehocky.
In closings, Bregman said his client's conduct did not justify the "reckless" actions of police.
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