Gary King
Much has been said and written about the recent court ruling that removed my office from the public corruption prosecution of former N.M. Secretary of State Rebecca Vigil-Giron and three others.
I think it is important that New Mexicans understand that the grand jury indictment of these defendants still stands. The prosecution of this case will continue and I am confident that sufficient evidence exists to show beyond a reasonable doubt such crimes have been committed.
I also think it is important that New Mexicans know that the judge who disqualified my office from prosecuting the case said he did not believe we did anything improper; he said he saw no evidence of bias or vindictive prosecution; he said he did not see any political agenda in the prosecution; and he said that there was no actual conflict of interest for my office to handle this case.
The judge simply said that, in his opinion, there were issues that cast shadows on the process and that, in an important case of government corruption such as this, those shadows had to be removed in order for justice to best be served and for the community to have complete confidence in the judicial process.
While I may not necessarily agree with that assessment of potential doubt cast upon the process, I must respect the ruling.
Again, let’s be clear about what has happened in this case. The charges remain against former Secretary of State Rebecca Vigil-Giron; former attorney general’s office employee Elizabeth “Daisy” Kupfer and her husband, political consultant Joe Kupfer; and Armando Gutierrez, a consultant hired to produce voter education media materials for the 2004 and 2006 elections. In 2009, all four were indicted on 50 counts each, including conspiracy, fraud, embezzlement and money laundering in an amount exceeding $100,000.
They must be held accountable
Some have asked how this turn of events may affect other government corruption cases currently being prosecuted by my office. For example, my office is prosecuting the Region III Housing Authority case that involves a former state lawmaker and others charged with fraud, money laundering and other crimes.
Just recently, the N.M. Supreme Court denied defendants’ appeals to reverse lower court rulings that found no reasons why the AG’s office should be barred from prosecuting them. Now that this procedural roadblock has been eliminated, we are already taking steps to bring this case to trial expeditiously.
It is unlikely that the Vigil-Giron case ruling will affect the Region III prosecution.
Finally, many are asking us what happens next in the Vigil-Giron case and the others indicted with her. There are some options that my office is considering, including an appeal of the judge’s ruling or appointing a special prosecutor. Many factors come into play in making this decision, but I will make my choice based upon what I think best serves justice and what best serves the people of New Mexico.
It is the public’s money involved in these cases, and it is the public confidence in good honest government that has been shaken. Those who have violated the public trust must be held accountable.
King, a Democrat, is New Mexico’s attorney general.