Attorney General Gary King (Photo by Heath Haussamen)
After reviewing a complaint from the N.M. Corrections Department, Attorney General Gary King’s office declined last year to investigate a former corrections official accused of bribery.
“After a review of the information provided, it does not appear that a possible criminal violation has been identified,” Investigations Division Director Earl Holmes wrote in a Sept. 3 letter to the Corrections Department’s general counsel.
The FBI and U.S. Attorney’s Office, however, believe they have found significant criminal activity. A federal investigation proceeded, and last week Laurie Chapman was indicted by a federal grand jury on 30 felony counts of bribery. Chapman is accused of soliciting and accepting $237,080 in bribes to steer Corrections Department construction contracts to a particular roofing company.
“Corruption of this nature strikes at the heart of good government and erodes public confidence,” U.S. Attorney Kenneth J. Gonzales said last week. “… This kind of betrayal of the public’s trust cannot and will not be tolerated.”
That’s not the answer the Corrections Department got when it went to King’s office.
“We are concerned with the allegation of criminal activity within the state government,” Holmes wrote to Corrections General Counsel James R. Brewster. “However, without additional information we cannot pursue this issue.”
“If in the future you do find new information concerning this matter, please feel free to contact our office,” Holmes wrote.
Questions for the AG
Friday morning, NMPolitics.net sent these questions about the situation to AG spokesman Phil Sisneros:
- Can you say anything about what information the AG reviewed before determining that there was no identified criminal violation?
- Does the AG’s Office stand by its decision in this case?
- Any additional comment?
Monday morning, NMPolitics.net had not heard back and sent Sisneros a follow-up e-mail, and received this response:
“I am working on this…waiting to hear back from some folks. As soon as I can I will give you a comment.”
NMPolitics.net has received nothing since. When Sisneros provides comment, NMPolitics.net will publish it.
Update, 5:40 p.m.
Sisneros wrote in an e-mail that the request from Brewster to investigate “did not set out facts sufficient to constitute probable cause to believe that a felony had been committed.” He said the Sept. 3 letter detailed in this article “properly reflects that without additional information the AGO could not pursue the issue.”
He also noted that the state auditor is conducting an audit of the situation – an audit that could be referred to the AG if possible criminal violations are found. That audit is not yet complete and has not been sent to the AG’s office for consideration.
The AG doesn’t normally talk about “pending criminal matters” such as this federal case, Sisneros pointed out, but he said “certain comments are allowed to counter the potential for undue prejudice to the adjudicative process caused by the statements of others.”
Specifically, he said he could make comments on this case “in light of the indictment of Ms. Chapman and the disclosure of the 9/3/2010 letter to Mr. Brewster.”
Update, 5:55 p.m.
State Auditor Hector Balderas has been working with the feds on their case against Chapman, auditor spokeswoman Caroline Buerkle said.
“The state auditor has been working with the Federal Bureau of Investigation on the Chapman case since last summer,” Buerkle said. “He has also been providing them special audit documentation to assist them with their case.”