don't delete any text messages that's what I'm saying and if you delete them then I guess we'll deal with that but this is your notice to not delete them okay but it's not uh it's your telling me that but it is not a notice from legal to do that so you're just a like a lawyer who's telling me stuff so I'm not I don't I don't as mayor and CEO I am not going to follow your orders just because you want me to what you're listening to here is New Mexico attorney Tom Grover deposing Albuquerque mayor Tim Keller in the deposition mayor Tim Keller admits to failing to maintain Andor destroying public records on a regular basis which is a fourth degree felony in New Mexico and did you preserve those records or are they going uh in general we don't I don't preserve text messages unless they're pursuant to like when you give an order or substance and after mayor Tim Keller admits to committing a fourth deegree felony of tampering with records attorney Tom Grover tells mayor Tim Keller to stop committing this felony you have obligation to preserve them and not delete anything from here on out okay mayor Tim Keller told him I will wait to hear what my lawyer say don't delete any text messages that's what I'm saying and if you delete them then I guess we'll deal with that but this is your notice to not delete them okay but it's not uh it's your telling me that but it is not a notice from legal to do that so you're just a like a lawyer who's telling me stuff so I'm not I don't I don't as mayor and CEO I am not not going to follow your orders just cuz you want me to I'll put a link to the statutes down below so you can go and look at them yourself if you want but in New Mexico electronic communications between government employees or officials or whatever are officially public records that includes emails text messages social media correspondents Etc they are legally required to preserve these records under New Mexico section 30-26 D1 tampering with public records part e says knowingly destroying concealing mutilating or removing without lawful Authority any public record or public document is a fourth-degree felony did you preserve those records or they going uh in general we don't I don't preserve text messages um previously in Discovery requests um they are made for text messages between yourself and her Medina between yourself and miss and then to you um if you go to exhibit 5 please so that should be a four page exibit do you have it yeah all right so request number five s copies of all text messages sent by you to Harold Medina between July 10th 2020 and August 31 2021 do you see that uhhuh were you were you ever did you ever receive a copy of this request uh I believe so do you recall when you received a copy of this request uh it was a while ago um so not not exactly several months ago if not years um at any time did you have text messages that fell within this time frame between yourself and Herold Medina uh no I mean I wouldn't expect to these are these are too old no but at any time did you have text messages between you and him in other words did you communicate with him via text between those day periods probably okay and you didn't preserve him no um the next page is request seven and this is for text messages from Medina to you um for the same time period And as with the other one um it references I'm sorry with request number 7 it references text from Medina to you on the 0451 number and your city issued cell phone you see that yeah you recall having text messages but between Medina and you on both those phones back in for that time period from July of 2020 to August of 2021 I mean nothing specific I believe that there were uh some just given it's I I would imagine I have text messages between almost all our Deputy Chiefs from time to time um and did you preserve those records or are they going uh in general we don't I don't preserve text messages unless they're pursuant to like when you give an order or substance and our text messages are they're they're more things like I shared earlier like there was a shooting is everyone okay things of that nature so um that's why they're not uh there's in general there's not a we don't preserve every text message without identifying the actual advice they gave you who is the one that gave you legal advice on those text messages I get requests like this a lot and uh I really am not personally involved in any of them we have record custodians we have theer office we have legal what happens from time to time is they will say you know this warrants us looking at your phone or whatever it may be and I hand over my material and they look at it and then I hand it back so um uh or if there's a you know an affidavit or something that I have to sign obviously I would look at that but these kinds of requests are actually really routine um and they're handled by the appropriate people so what attorney told you that these records your text messages don't have to be preserved or retained uh I have never been in a uh like in like no attorney has ever specifically said that to me theyve also not said anything different so I have never had a hey you have to do x uh given to me by an attorney okay I'm going to State here on the record and give you notice that you're to preserve the text message between yourself and Herold Medina and any of the Deputy Chiefs on any of your cellular devices and I'll address that either with Miss Rita or subsequent action okay I'll wait to hear what the lawyers say okay and the lawyers will deal with it but you have an obligation to preserve them and not delete anything from here on out okay I will wait to hear what my lawyers say do you understand what I've said though is there anything unclear about it uh I think there's a lot of things unclear about it I I just I don't feel that's legally appropriate but again we'll let the lawyers decide but you understand what I've said I understand you don't agree with it but you understand what I've said right kind of well don't delete any text messages that's what I'm saying and if you delete them then I guess we'll deal with that but this is your notice to not delete them okay but it's not uh it's your telling me that but it is not a notice from legal to do that so that's why it's to you as the city CEO yeah but you're just a like a lawyer who's telling me stuff so I'm not I don't I don't as mayor and CEO I am not going to follow your orders just because you want me to these depositions were taken in December of 2023 I will let you guys know as soon as I know who exactly is Prosecuting mayor Keller for the 4th deegree felony of deleting public records me and my buddy Josh over at accountability for all were curious what it would sound like if we told the mayor not to commit other felonies and he responded in the exact same way as he did when told not to commit this felony so we patched it together to see what it would sound like check it out from this point forward I'm going to need you to not commit the crime of burglary like no attorney has ever specifically said that to me well it's it's a felony so you just can't whether your lawyer says so or not I have never had a hey you have to do x uh given to me by an attorney okay so if your lawyer doesn't tell you not to spread Anthrax in a kindergarten playground your responses it's your telling me that but it is not a notice from legal to do that so I will wait to hear what my lawyers say okay well I'm gonna need you to not go ahead and roundhouse Judo chop a pregnant woman Square in her gullet yeah but you're just a like a lawyer who's telling me stuff so I'm not I don't well the state is about to rest it case here okay I'm going to need you to not go ahead and murder your attorney as mayor and CEO I am not going to follow your orders just because you want me to