{"id":31349,"date":"2011-08-29T08:16:48","date_gmt":"2011-08-29T14:16:48","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/?p=31349"},"modified":"2011-10-20T09:49:56","modified_gmt":"2011-10-20T15:49:56","slug":"no-proof-of-widespread-judicial-bribery-at-least-yet","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2011\/08\/no-proof-of-widespread-judicial-bribery-at-least-yet\/","title":{"rendered":"No proof of widespread judicial bribery, at least yet"},"content":{"rendered":"
\"\"<\/a>

More than three months after his indictment, District Judge Mike Murphy remains the only person charged in a bribery case that raises the possibility of a widespread criminal scheme involving former Gov. Bill Richardson and the judges he appointed.<\/p><\/div>\n

District Judge Mike Murphy\u2019s bribery indictment has received national attention because it raises the possibility of a widespread criminal scheme involving former Gov. Bill Richardson and the judges he appointed.<\/p>\n

But the public has yet to see proof that such a scheme existed.<\/p>\n

More than three months after Murphy was indicted<\/a>, special prosecutor Matt Chandler isn\u2019t saying much about a larger case involving multiple defendants. NMPolitics.net recently asked whether other judges might be charged and if Chandler believes there was a wider pay-to-play scheme involving multiple judges and Richardson.<\/p>\n

\u201cAlthough I can confirm the investigation continues, I cannot comment on the details at this time,\u201d Chandler said.<\/p>\n

Murphy\u2019s own alleged statements are the basis for suspicions that a wider bribery scheme may have existed. If Chandler has uncovered proof, he\u2019s not revealed that publicly. And no one else \u2013 not Richardson, not any other judges, not even the alleged bagman in the case \u2013 has been charged or received noticed that they may be indicted.<\/p>\n

It may be possible that others will eventually be charged and proof of a wider scheme will come to light. But the early media hype surrounding Murphy\u2019s indictment has not been followed by a quick expansion of the case to include other defendants, as some expected it would.<\/p>\n

If you ask Murphy\u2019s attorney, Michael Stout, that\u2019s because there is no widespread conspiracy.<\/p>\n

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\u201cThere is no systemic judicial corruption in New Mexico, and individual foibles do not change that.\u201d – Michael Stout, Murphy’s attorney<\/h4>\n<\/dl>\n<\/div>\n

\u201cBeing human, individual judges make mistakes\u00a0in law and in life, but\u00a0as a group they are\u00a0dignified and honest and working for the common good,\u201d said Stout, who maintains Murphy\u2019s innocence. \u201cThere is no systemic judicial corruption in New Mexico, and individual foibles do not\u00a0change that.\u201d<\/p>\n

\u2018No one is off limits\u2019<\/h3>\n

It was a combination of statements and actions by Chandler, and the alleged statements by Murphy, that fueled early speculation that the case might go all the way to Richardson. Murphy allegedly said the money judicial applicants paid for their appointments was given to Richardson; Chandler included Richardson on a list of potential witnesses he might call during Murphy\u2019s trial.<\/p>\n

Chandler talked tough in a May interview with the New York Times<\/a> about the possibility of questioning Richardson, and he said there were \u201cother suspects.\u201d<\/p>\n

\u201cAt this time, the investigation is directed at Mr. Murphy, but I can assure you that law enforcement are following leads involving other suspects,\u201d the Times quoted Chandler as saying. \u201cNo one is off limits to get the truth.\u201d<\/p>\n

Court records have named some others who are likely among the \u201csuspects\u201d to whom Chandler was referring. One is local politico Edgar Lopez, the man Murphy allegedly said would \u201chand-deliver\u201d judicial hopefuls\u2019 envelopes of cash to Richardson.<\/p>\n

But Chandler hasn\u2019t presented any evidence that Murphy actually paid the $4,000 he allegedly claimed he gave in exchange for his 2006 appointment to the bench. NMPolitics.net has found campaign contributions totaling only a few hundred dollars.<\/p>\n

Several other judges and lawyers have told law enforcement that Murphy said he paid for his position, though some doubt he really did it. The defense appears to be preparing to claim that Murphy talks big but didn\u2019t pay a bribe to anyone.<\/p>\n

Chandler said most people involved in corruption cases \u201caren\u2019t writing \u2018bribe\u2019 on the memo line of their checks\u201d \u2013 they\u2019re paying with cash or political favors, which he said makes proving corruption cases a challenge.<\/p>\n

Showing that Murphy actually paid a bribe in exchange for his appointment \u201cis not an element the state has to prove at trial\u201d but is \u201cmore of an investigation in and of itself,\u201d the prosecutor said. Chandler is focused on convincing a jury of the crimes alleged in the indictment<\/a> \u2013 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\u2019s reputation for telling others that he solicited a bribe from her.<\/p>\n

So even if Murphy is convicted, the question of whether a larger criminal scheme existed might linger.<\/p>\n

A criminal conspiracy, or standard politicking?<\/h3>\n

Statements attributed to Murphy aren\u2019t the only ones that raise the possibility of a larger scheme. In a journal she kept about the situation, District Judge Lisa Schultz, who first reported the allegations against Murphy to law enforcement, wrote about a conversation she had with former Appeals Court Judge Rudy Apodaca.<\/p>\n

<\/p>\n

According to a law enforcement report released by Chandler, Schultz wrote that Apodaca told her, \u201cas terrible as it sounded, the system in fact did work in the manner described by Judge Murphy.\u201d<\/p>\n

District Judge Jim T. Martin, who Chandler\u2019s office has questioned<\/a>, explained to law enforcement the reality of the appointment process: The governor gets to make a political decision by appointing from among a handful of applicants recommended by a nominating commission. Martin said the governor picks someone who is active in his or her political party.<\/p>\n

\u201c\u2018A way to show that you\u2019re active in the party is to make donations to the party, participate in events, go to fundraisers, help a particular campaign, be a good Democrat or Republican. That\u2019s kind of the nature of politics; you have to be actively involved in the game,\u2019\u201d the law enforcement report quotes Martin as saying.<\/p>\n

Some say what Martin described \u2013 and what Murphy may have engaged in \u2013 is standard politicking, not bribery. Stout told NMPolitics.net that the judiciary \u201cis too important to allow one judge\u2019s political\u00a0comments to be used as a foundation for\u00a0attacking an entire institution.\u201d<\/p>\n

A politically motivated prosecution?<\/h3>\n

Some say the prosecution of Murphy, a Democrat, is designed to create one or more judicial vacancies for Republican Gov. Susana Martinez to fill, and to create another corruption scandal to taint Democrats headed into the 2012 election.<\/p>\n

Stout has accused Chandler, a Republican, of playing politics.<\/p>\n

\u201cThe only goal of this charge and this warrant is to seek to humiliate through images of incarceration for an apparent political purpose,\u201d Stout said earlier this month<\/a> when Chandler convinced a magistrate judge to approve a new bribery charge related to the selection of the 3rd Judicial District Court\u2019s chief judge, and an arrest warrant for Murphy.<\/p>\n

Stout accused Chandler of \u201cabuse of prosecutorial authority\u201d with the new charge and arrest of Murphy \u2013 an arrest that took place while Stout was out of town.<\/p>\n

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\u201cLeaving conduct such as this unchecked for fear of being called a \u2018political prosecutor\u2019 is exactly what those that support this conduct desire. That accusation doesn\u2019t describe me, and it won\u2019t deter me.\u201d \u2013 Prosecutor Matt Chandler<\/h4>\n<\/dl>\n<\/div>\n

Chandler, who ran unsuccessfully for attorney general in 2010 but remains a rising star in the GOP, told NMPolitics.net he\u2019s not playing politics.<\/p>\n

\u201cDespite what people on both sides want to claim, this is not a prosecution of a political party,\u201d he said. \u201cThis is the prosecution of an elected official that allegedly put a price tag on a judgeship, and he happens to be a registered Democrat.\u201d<\/p>\n

\u201cLeaving conduct such as this unchecked for fear of being called a \u2018political prosecutor\u2019 is exactly what those that support this conduct desire,\u201d Chandler said. \u201cThat accusation doesn\u2019t describe me, and it won\u2019t deter me.\u201d<\/p>\n

Will we eventually see proof of a conspiracy?<\/h3>\n

But the allegations against Chandler persist. Statements in law enforcement reports hinting at involvement by Supreme Court Chief Justice Charles W. Daniels<\/a> are among those some say Chandler included in court documents for political, rather than legal, purposes.<\/p>\n

While not citing the statement naming Daniels, Stout said, \u201cCorruption cases are difficult to prove when there is no corruption, when there is only speculation, gossip and conspiracy theories available.\u201d<\/p>\n

\u201cBy using only insinuation as proof, the problem is not with the judiciary but with those seeking to condemn it,\u201d he said.<\/p>\n

On the other hand, some say all Chandler has done is include Murphy\u2019s statements in court documents, and Murphy, not Chandler, is responsible for the fallout.<\/p>\n

Chandler recently tried to turn the tables by arguing that Stout is the one trying the case in the media. In filing a motion seeking a change of venue<\/a> \u2013 a motion that was denied<\/a> \u2013 Chandler said statements such as the one alleging \u201cabuse of prosecutorial authority\u201d manipulate public confidence in the judicial system and impugn the prosecutor.<\/p>\n

Time will tell whether Chandler will be able to prove that a wider conspiracy existed. But it\u2019s fair at this point to say that we\u2019re a long way from seeing proof of a criminal conspiracy involving Richardson and multiple judges he appointed to office.<\/p>\n

This article has been updated to clarify the allegations behind Murphy\u2019s indictment.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

District Judge Mike Murphy\u2019s bribery indictment has received national attention because it raises the possibility of a widespread criminal scheme involving former Gov. Bill Richardson and the judges he appointed. But the public has yet to see proof that such a scheme existed.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[112,142,115,216,161,114,107],"class_list":["post-31349","post","type-post","status-publish","format-standard","hentry","category-news-and-analysis","tag-bill-richardson","tag-crime","tag-dona-ana-county","tag-judge-murphy","tag-judiciary","tag-public-corruption","tag-roundhouse"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/31349","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=31349"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/31349\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=31349"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=31349"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=31349"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}