Prosecutor wants change of venue in Murphy case

District Attorney Matt Chandler

District Judge Mike Murphy could face trial on bribery charges somewhere other than Doña Ana County if the case’s prosecutor gets his way.

Ninth Judicial District Attorney Matt Chandler, the case’s special prosecutor, filed a motion seeking change of venue on Wednesday. His reasons, according to the motion:

The case has been heavily scrutinized by media including NMPolitics.net, and Murphy’s booking photograph has been published by numerous outlets. There’s been lots of commentary about the case on news outlets’ websites.

Murphy is an elected, public official in Doña Ana County and has “interacted extensively in the community as an advocate, political figure, and a judge.”

The state’s witness list includes people who are well-known in the county including almost every elected judge. “It will be impossible, if not infeasible, to select an impartial panel” because of the ties between “witnesses and their associates and constituents in this small county.”

Murphy’s attorney has issued statements to the press about the prosecution that are negative and go beyond a claim of innocence. One in particular “has the effect of undermining and manipulating public confidence in the judicial system as well as impugning the character of the prosecutor” when it claims that the only intent of the latest charge against Murphy, and his arrest, were “to seek to humiliate through images of incarceration for an apparent political purpose.”

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That newest bribery charge, which Chandler filed late last month, alleges that Murphy offered to help defend District Judge Lisa Schultz against an investigation into an ethical complaint if she agreed to be the tie-breaking vote to make Douglas R. Driggers the chief judge in Las Cruces.

A magistrate judge approved Murphy’s arrest, and he was booked into the Doña Ana County Detention Center before being released on bond.

Murphy is already on suspension without pay because of the other bribery case against him. In that case, Murphy is facing felony bribery charges and a misdemeanor charge of violating the state’s Governmental Conduct Act.

Prosecutors allege in that case that Murphy solicited a bribe from potential judicial applicant Beverly Singleman, told District Judge Lisa Schultz to tell Singleman she needed to pay the bribe, and threatened to destroy Singleman’s reputation for telling others that he solicited a bribe from her.

Murphy has pleaded not guilty. His trial is scheduled to start Oct. 31, but his attorney is seeking dismissal of the charges.

Chandler intends to join the two cases, so Murphy could face trial on all charges at once.

A prior version of this article incorrectly stated that Murphy is charged with paying a bribe for his position.

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