Monday’s mistrial in the case of former State Treasurer Robert Vigil doesn’t mean the charges are going away, doesn’t mean criticism of Attorney General Patricia Madrid is going away, and is likely to increase calls for ethics reform in the state, sources told me.
In case anyone didn’t hear, 11 of 12 jurors told the judge they did not believe they could reach a verdict on any of the 24 counts against Vigil in the massive public corruption case. Apparently, there was one juror who insisted that Vigil was innocent.
It was Vigil’s attorney, Sam Bregman, who made the motion for a mistrial. One source who is a lawyer told me Bregman pulled a classic move by not presenting a defense, a move that was criticized by many during the trial. But Bregman probably had a sense from watching the jury and the prosecution’s case that a mistrial was likely.
Now he has seen the cards held by federal prosecutors, and they’ve seen none of his.
A gamble, but it paid off in a big way
On to round two.
What an expensive fight. Jurors from around the state spent weeks in Albuquerque. A new jury will have to do it all over again.
Gov. Bill Richardson immediately released a statement saying that, despite the verdict, testimony revealed “corruption and a serious breach of public trust within the treasurer’s office” that “clearly demonstrates the need for comprehensive ethics and campaign finance reform.”
Another source told me the mistrial would increase pressure on the legislature and governor to pass meaningful ethics reform. The others charged in this scandal, including Vigil’s predecessor, Michael Montoya, quietly pleaded guilty to charges they faced.
Guilty or not, Vigil has become the face of this scandal. The failure of prosecutors to get a conviction on the first try might make the public impatient and shift some of the pressure for action to lawmakers.
Rumors of a special session abound.
Attorney General Patricia Madrid, who has faced allegations that she was asked years before the feds to investigate the treasurer’s office but did nothing, won’t be helped in her bid for Congress by Monday’s mistrial, one source told me. For starters, the Republicans will use the fact that so many others, including Montoya, pleaded guilty. They don’t need a Vigil conviction to attack Madrid.
Second, the retrial will probably take place before November. Federal courts are much more efficient than the state court system.
“I think the federal prosecutors – headed by Republicans – will work very hard to get this thing retried before November,” one source told me.
Some think Republicans are desperate in New Mexico, seeing little chance to win any statewide races. That leaves them to put most of their resources into the battle between Madrid and U.S. Rep. Heather Wilson, R-N.M.
“They want to hold on to the House seat. That’s the only thing they’ve got in New Mexico,” the source said. “If they lose the House, it will be impeachment season.”
Madrid called for Vigil’s resignation months ago, and said Monday she will review testimony from the federal case to search for violations of state laws.
One source said that is too little too late. I guess we’ll see in November whether the voters agree, but it appears that a lot is going to happen before the election.
Fortunately for Madrid, the problems plaguing Republicans in the federal government rival those plaguing Democrats in New Mexico, so the scandals may cancel each other out on Election Day.
That might mean voters will just stay home. I hope not.
***
While politicians fight about what to do with the U.S.-Mexico border, people are dying.
Beeatriz Sanchez Nicholas, 27, of Ciudad Juarez, Mexico, was found dead Saturday in the desert north of Las Cruces. She and her husband were abandoned by guides after she showed signs of heat exhaustion. He went for help, but Border Patrol agents returned to find his wife dead.
Some will say she deserved it, or that she shouldn’t have been here in the first place. Maybe she didn’t have a right to be here, but that doesn’t mean we can’t be compassionate. Congress needs to put politics aside and act, now. It’s hot out here in the desert. People are dying.
In the meantime, perhaps the National Guard troops President Bush is sending this way should set up shade tents and hand out water, like they often do at public events in Las Cruces.
They would probably save a few lives.
***
I wrote last week about many people expressing concern that Magistrate Judge Olivia N. Garcia had reported so many anonymous donations on her May campaign contribution report.
Of the almost $7,000 she raised, Garcia reported $1,700 as anonymous contributions, including 15 of $100 each.
As it turns out, state law only allows $500 in anonymous contributions. I called Garcia’s treasurer, Nadine Handy, to inquire about that Monday, and found that she already knew about and had corrected the problem. Garcia’s fundraising committee filed an amended report Friday that includes two anonymous contributions of $100 each.
The other donors who were previously listed as anonymous are now named in the report.
The mistake was Handy’s, not Garcia’s. Judges are required to set up committees to handle their money and then stay away from it all. In theory, Garcia didn’t even know who was donating to her campaign, except when people called her to say they wanted to donate. Garcia told me she refers those callers to Handy.
You can view Garcia’s and other campaign finance reports by clicking here.
***
Gov. Bill Richardson will be in Las Cruces Wednesday at the home of State Rep. Joni Gutierrez and her husband, Lowell Catlett, for a reception and book signing. You have to pay to get in – $30 for the reception and $25 for the book signing.
It’s what happens next that’s interesting: one of those infamous “Richardson Roundtable” events.
It’s a gathering of the inner circle – those willing to pay big to hang out with Big Bill. Unless you’re already in good standing (you’ve paid a few times before), you have to put up $1,000 to joint the governor for “cigars and cognac,” according to the invitation. (If you’re already a friend, it’ll only cost you $100 this time.)
The invitation has a sort of watermark of a sword with jewels on the handle behind the text.
Cognac and cigars conjure images of a bunch of White men in suits hanging out in the study while the wives wash dishes and play bridge. Speaking of cigars, let’s not forget that the White House tried to give Monica Lewinsky a job with Richardson after that cigar incident.
Does the governor really want to associate his campaign with those images?
***
There’s lots going on in the political arena. Come back tomorrow for more.
An earlier version of this posting incorrectly stated that Richardson sent Lewinsky to the White House, not the other way around.