{"id":2677,"date":"2008-01-02T16:52:00","date_gmt":"2008-01-02T22:52:00","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/2008\/01\/charges-against-foley-wont-be-re-filed\/"},"modified":"2008-01-02T16:52:00","modified_gmt":"2008-01-02T22:52:00","slug":"charges-against-foley-wont-be-re-filed","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2008\/01\/charges-against-foley-wont-be-re-filed\/","title":{"rendered":"Charges against Foley won&#8217;t be re-filed"},"content":{"rendered":"<p><a onblur=\"try {parent.deselectBloggerImageGracefully();} catch(e) {}\" href=\"http:\/\/3.bp.blogspot.com\/_IabUCQmoheQ\/R3wVyMTQ7dI\/AAAAAAAAEVw\/Gpe14NF9a9Y\/s1600-h\/Foley,+Dan.jpg\"><img decoding=\"async\" style=\"margin: 0pt 0pt 10px 10px; float: right; cursor: pointer;\" src=\"http:\/\/3.bp.blogspot.com\/_IabUCQmoheQ\/R3wVyMTQ7dI\/AAAAAAAAEVw\/Gpe14NF9a9Y\/s200\/Foley,+Dan.jpg\" alt=\"\" id=\"BLOGGER_PHOTO_ID_5151016025844674002\" border=\"0\" \/><\/a>I\u2019ve <a href=\"http:\/\/haussamen.blogspot.com\/2007\/08\/charges-against-foley-may-not-be-re.html\">speculated for months<\/a> that the criminal case against House Minority Whip <a href=\"http:\/\/legis.state.nm.us\/lcs\/legdetails.asp?Name=190&amp;Submit=Search\" target=\"_blank\">Dan Foley<\/a> had some major holes and might not go forward. Now, a special prosecutor assigned to consider the case has decided there are no charges to be filed.  <\/p>\n<p class=\"MsoNormal\"><o:p> <\/o:p><\/p>\n<p class=\"MsoNormal\">\u201cI\u2019ve basically found that there is insufficient evidence to prosecute on those charges and that case law, in other words appellate decisions, are totally against us here in New Mexico,\u201d former district court Judge Ralph W. Gallini told the <a href=\"http:\/\/www.roswell-record.com\/main.asp?FromHome=1&amp;TypeID=1&amp;ArticleID=20527&amp;SectionID=49&amp;SubSectionID=112\" target=\"_blank\">Roswell Daily Record<\/a> last week.<\/p>\n<p class=\"MsoNormal\">\n<p class=\"MsoNormal\">That effectively closes the book on the case.<\/p>\n<p class=\"MsoNormal\">\n<p class=\"MsoNormal\"><o:p> <\/o:p><\/p>\n<p class=\"MsoNormal\">Foley was charged in June with disorderly conduct, obstructing an officer and resisting arrest \u2013 all misdemeanors \u2013 stemming from a fight between two teens at a basketball tournament in <st1:city st=\"on\"><st1:place st=\"on\">Roswell<\/st1:place><\/st1:city>. He 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.<\/p>\n<p class=\"MsoNormal\"><o:p> <\/o:p><\/p>\n<p class=\"MsoNormal\">The case was initially dismissed by the charging officer in municipal court after one judge recused himself and another refused to do so even though it was revealed that he gave a campaign contribution to Foley several years ago, his son is a close friend and backer of Foley, and the judge made public statements about a pending motion in the case that may have been inappropriate.<\/p>\n<p class=\"MsoNormal\"><o:p> <\/o:p><\/p>\n<p class=\"MsoNormal\">The officer wrote on the dismissal that the case would be refilled in magistrate court. Instead, the case was given to the district attorney\u2019s office, which initially said charges would be filed but later handed the case over to Gallini to decide whether to charge Foley.<\/p>\n<p class=\"MsoNormal\"><o:p> <\/o:p><\/p>\n<p class=\"MsoNormal\">\n<p class=\"MsoNormal\">\n<p class=\"MsoNormal\">So Foley won\u2019t have to spend any more money on legal fees to defend himself against criminal prosecution. Still, his booking mug and the <a href=\"http:\/\/haussamen.blogspot.com\/2007\/06\/police-account-of-arrest-differs-from.html\">allegations in the police report<\/a> may be used by Foley opponents in future elections to try to end his career. This incident might still come back to haunt him.<\/p>\n<p class=\"MsoNormal\">\n<p class=\"MsoNormal\">\n","protected":false},"excerpt":{"rendered":"<p>I\u2019ve speculated for months that the criminal case against House Minority Whip Dan Foley had some major holes and might not go forward. Now, a special prosecutor assigned to consider the case has decided there are no charges to be filed. \u201cI\u2019ve basically found that there is insufficient evidence to prosecute on those charges and [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2677","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/2677","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=2677"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/2677\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=2677"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=2677"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=2677"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}