Murphy, shown here interviewing in 2006 for the judgeship he currently holds. (Photo by Heath Haussamen)
A grand jury that was scheduled to consider indicting Third Judicial District Judge Mike Murphy on Tuesday on charges including bribery has been delayed.
A source with knowledge of the case confirmed that the grand jury has been delayed – and said this is the second time that has happened. The source said the grand jury has been rescheduled for a later date.
NMPolitics.net was not able to verify the reason the grand jury was delayed or the date it’s now scheduled to meet.
As NMPolitics.net first reported Thursday, the allegations under investigation are that Murphy, a Democrat, paid a bribe in exchange for then-Gov. Bill Richardson appointing him to the bench in 2006, and that he may have solicited bribes for Richardson from applicants for other judgeships.
The bribe or bribes were allegedly paid as political contributions. No one besides Murphy, including Richardson, has received notification that they may be indicted.
Payments allegedly went to ‘local political figure’
The Albuquerque Journal published some previously unreported details about the investigation on Saturday. According to the newspaper, the allegations are that “one or more state court judges in Las Cruces paid kickbacks to a local political figure for their judicial appointments by Gov. Bill Richardson.” The newspaper did not name that political figure but said he or she had “ties to the Richardson administration.”
In addition, the Journal reported, the allegations “involved one or more judicial hopefuls making weekly or biweekly payments,” normally in cash but on “a few occasions” by check.
The Journal reported that the investigation “began last year and resulted in both the U.S. Attorney’s Office in New Mexico and then-District Attorney Susana Martinez of Las Cruces removing their offices from overseeing the investigation because of potential conflicts.”
The Journal didn’t say what happened to the federal probe after it was handed to the Department of Justice in Washington or why the New Mexico U.S. attorney had a conflict.
Martinez appointed Chandler to handle case
The pending grand jury will consider state charges brought by Ninth Judicial District Attorney Matthew Chandler from Clovis. Martinez, when she was running the Third Judicial District Attorney’s Office in Las Cruces, appointed Chandler as a special prosecutor because of a conflict – Murphy is currently assigned to hear criminal cases prosecuted by the Las Cruces district attorney.
Martinez, a Republican, left the DA’s office in January to become New Mexico’s governor. Chandler, also a Republican, ran unsuccessfully last year for attorney general.
A grand jury indictment is a formal accusation that a person has committed a crime, brought by prosecutors with permission of a grand jury. It is not a conviction or statement of guilt.
Murphy has refused to comment on the situation. A spokeswoman for Richardson has not gotten back to NMPolitics.net with comment.