Judge: Vigil trial staying in New Mexico

A federal judge issued a preliminary ruling Tuesday morning denying a request to move the trial of former state Treasurer Robert Vigil out of New Mexico, according to the Associated Press.

The review is pending U.S. District Judge James Browning’s review of a few other cases, but the judge said he’s confident a jury can be found in the state, the Associated Press reported.

The retrial is set to begin Sept. 5. Vigil resigned in October and has pleaded not guilty to multiple counts of racketeering and extortion.

Vigil’s attorney, Sam Bregman of Albuquerque, had argued that pretrial publicity and the nasty congressional race in the central part of the state have made it impossible for Vigil to get a fair trial. Attacks in that race between Rep. Heather Wilson, R-N.M. and Democratic challenger Patria Madrid, the state’s attorney general, have focused on whether Madrid could have stopped corruption in the treasurer’s office earlier.

Television in that part of the state has been inundated with attack ads, as this is one of the most hotly contested congressional races in the nation. But those commercials have not run in the northern and southern parts of the state.

Bregman also argued that, under the prosecution’s theory, every potential juror in the state is a victim in the case.

Prosecutors, arguing against the change of venue request, said Bregman created much of the publicity he now complains about.

Bregman said he intends to appeal Browning’s decision, according to the Associated Press.

Bregman asked that the first trial earlier this year be held in Las Cruces, but a judge denied that request. Though the trial was held in Albuquerque, the judge expanded the jury pool to include the entire state.

That trial ended with a hung jury.