Rape charges against former top criminal judge Albert S. “Pat” Murdoch are being dropped for now, but police say they expect to refile them along with new charges unrelated to the original case.
The felony rape and witness intimidation charges against Murdoch, the former Second Judicial District Court judge, will be dismissed without prejudice today, officials confirmed, meaning they can be refiled.
The Santa Fe District Attorney’s Office, which is handling the prosecution, is taking the action pending completion of an investigation by Albuquerque police.
Police expect the rape charges to be refiled, in addition to new charges related to information that surfaced in a search of Murdoch’s house, office and telephone records.
The new area of investigation involves alleged relationships between Murdoch and female defendants, the Journal has learned.
Murdoch served on the Second District bench for 26 years before retiring after being arrested last month.
He was arrested on July 19 and charged with forcing a prostitute — whom he had allegedly paid on other occasions — to have oral sex.
Murdoch, through his attorneys, has denied any wrongdoing.
On Thursday, attorney Nancy Hollander said she welcomed the dismissal because Murdoch “should never have been charged in the first place.”
“I still believe my client is a victim and he will be fully vindicated,” Hollander said.
She declined to comment on possible new charges.
Albuquerque police would not confirm the nature of possible new charges, citing the ongoing investigation.
However, APD Commander Doug West, who oversees the Vice unit, said they were not related to the rape case and surfaced when detectives scoured through hundreds of phone and computer records.
Detectives are still examining records, which is the reason the charges are being temporarily dropped, West said. With so much material still left to review, police and prosecutors would likely not meet the 60-day deadline to prosecute after arrest, West said.
The rape investigation began on July 18, when a confidential informant told detectives about a video of Murdoch having sex with a prostitute, according to a criminal complaint.
APD — through the informant — purchased the video for $400. The woman, who is from Arizona and was in Albuquerque temporarily, later told police she had been solicited by Murdoch on backpage.com and went to his house about eight times.
She told police that, during their first encounter, Murdoch insisted on performing oral sex without her consent.
The intimidation of a witness charge stems from a conversation the woman had with Murdoch in which she said she posed a hypothetical situation involving a woman making allegations against him. She “said that Mr. Murdoch replied he would use the police and his connections to take care of the situation,” the complaint states.
Police were also investigating that woman for possible extortion, because she had apparently been trying to sell the video on the street. She has not been charged with any crime.
— This article appeared on page A1 of the Albuquerque Journal
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