Alternate juror says feds set up Vigil

Will former state Treasurer Robert Vigil escape conviction a second time?

The jury in the case has begun deliberations. Meanwhile, one of the alternate jurors, dismissed from duty last night, told KOAT-TV in Albuquerque that the prosecution “didn’t have everything they needed” to prove the case. She said evidence was unconvincing, according to the TV station’s Web site.

Asked about hidden video camera that recorded Vigil taking cash from an investment advisor, the alternate juror had this to say: “I seen all of that, and I think that was just a big setup,” according to KOAT.

Attorneys who have watched both trials have told me they were surprised that the prosecution’s case wasn’t stronger.

The political fallout from a potential acquittal could be twofold. Many speculate that Republican U.S. Attorney David Iglesias might make another attempt at elected office at some point. To do that, he probably needs this conviction.

More immediate is the hot 1st Congressional District race. Democratic Attorney General Patricia Madrid, seeking to unseat U.S. Rep. Heather Wilson, a Republican, will likely be blamed by Republicans if Vigil gets off.

Following the first trial, Madrid’s office indicted others in the case who had already pleaded guilty to federal charges, based on their testimony against Vigil. The prosecution’s star witness, investment advisor Kent Nelson, refused to testify in the second federal trial because of the state charges.

Though his testimony from the first trial was read into the record, it certainly didn’t have the same impact.

It only takes one juror to stop a conviction. The last time around, a lone holdout refused to vote for a conviction on at least some of the counts of extortion and racketeering Vigil faces.

Had the alternate’s services been required further for whatever reason, we might be in the same place. It’s unlikely prosecutors would attempt a third trial against Vigil.

Stay tuned.

A prior version of this posting incorrectly stated that Madrid is challenging Wilson in the 2nd Congressional District.

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