It’s too early to condemn Reps. Foley or Vigil

There has been a lot of controversy swirling lately around state Reps. Dan Foley and Richard Vigil. It’s important to remember that neither has been convicted of doing anything wrong.

In fact, at this point Vigil isn’t even formally accused of anything.

But let’s start with Foley. The GOP representative from Roswell is scheduled to go to trial next month on charges of disorderly conduct, obstructing an officer and resisting arrest in a few weeks.

The charges against Foley stem from a fight between two teens at a basketball tournament in Roswell last month. Foley ran onto the court after his son was knocked over by the opposing coach. Police say Foley pushed his way past one officer and spit tobacco on him before having to be forcibly taken to the ground by two other officers. Foley says he remained calm throughout the event and does not chew tobacco.

Foley, who is scheduled to go on trial on Aug. 2, has pleaded not guilty. He faces a maximum fine of $784 and 20 days in jail.

Foley’s case is – and should be – getting quite a bit of media attention. Any time a public official stands accused, public scrutiny is a vital part of the process, both to ensure the official is treated fairly and so the public can decide what the allegations mean for the politician’s future.

But it’s too soon to judge Foley. A number of lawyers I’ve spoken with who are following the case think there are several weaknesses. One is that Foley says the officers were wearing T-shirts and shorts that, on the front – the side of their uniforms facing Foley during the incident – don’t identify them as officers. In addition, Foley says the officers didn’t verbally identify themselves.

There’s some question about whether charges of obstructing an officer and resisting arrest will stand if Foley didn’t have reason to know the men approaching him were officers.

In addition, Foley insists he doesn’t chew tobacco and didn’t spit it at the officer. A number of members of the House and others who know Foley – both Democrats and Republicans – have told me they have never seen Foley chewing tobacco. Asking how the brown stain got on his shirt during the incident is a valid question, but the appearance could be misleading. Then again, it might not. It’s too soon to tell.

Such issues haven’t been thoroughly explored by the Roswell Daily Record. The newspaper instead ran a non-scientific poll on its Web site asking if Foley, “as a result of his actions leading to his arrest,” should resign as a state representative, resign as House minority whip, take anger management classes or be left alone. Some 59 percent picked one of the three negative answers, leaving 41 percent to defend Foley.

That’s fine. I run non-scientific polls on this site all the time. But I don’t quote them in articles as proof of anything.

The Record did. In an article last week, it cited the poll. Though doing so was certainly the prerogative of the newspaper, I thought it was irresponsible and suggested the poll had credibility when it does not. Such polls are easily manipulated. I post them for curiosity and fun.

Vigil isn’t facing charges

On to Vigil, the Democrat from Ribera. His wife used to run the bilingual education program for the West Las Vegas schools. In that job she held an annual, invitation only party – one that took place late at night and included an expensive band – under the guise of a staff training event.

She did it with public money secured through the capital outlay process by her husband.

Now Vigil’s wife and three others are indicted on a number of felony counts that could send them to prison for quite some stemming, in part, from the party Vigil funded.

That’s not all. The funding Vigil got his wife also helped pay for a number of plush items for the program, including a 42-inch plasma screen television – a TV that was picked up from Sears, according to the receipt, by Vigil, and has since vanished.

First the obvious: Vigil’s actions do create an appearance of impropriety, and the situation is egregious. Why was someone who wasn’t an employee of the district picking up equipment for the district? Shouldn’t Vigil have known the party he was funding was inappropriate? Should he have been seeking funding for his wife’s program in the first place?

So, as is the case with the allegations against Foley, there are some serious questions here that need thorough examination. But, again, the issue isn’t black and white, and the current evidence against Vigil isn’t damning.

He has voluntarily stepped down from his position as vice chair of the House Education Committee – a move that was wise, considering the circumstances, and one for which he should be commended.

The attorney general’s investigation is ongoing, and the office won’t say whether Vigil is a target. But, at this point, there’s no reason to assume any sort of criminal guilt on his part simply because there is strong evidence against his wife and the others who have been charged.

The point is this: Both men, who their colleagues have generally characterized to me as hard workers, have become entangled in serious situations that require additional scrutiny. That process is ongoing. In the meantime, the public doesn’t have enough facts about the situations to condemn either.

I don’t plan to give either lawmaker the benefit of the doubt. I’m just going to wait a bit and see how things shake out.