Editorial: Vigil-Giron Justice Delayed and Denied

In the three years since former Secretary of State Rebecca Vigil-Giron was indicted in a case involving millions in federal election education funds unaccounted for since the 2004 and 2006 elections:

♦ A key witness died;

♦ Eight judges presided;

♦ Three co-defendants — also facing some 50 counts each including conspiracy, fraud and embezzlement — filed dozens of motions;

♦ The New Mexico Attorney General’s Office fought to remain as prosecutor;

♦ A state judge removed the AG from the case because of the appearance of a conflict of interest;

♦ The new contract prosecutor filed 30 requests for hearings that would take three full weeks to hear.

So it’s no surprise that last week, Judge Reed Sheppard, the presiding criminal judge in the 2nd Judicial District and the eighth to have this travesty dumped on his docket, dismissed the charges against Vigil-Giron. He found her defense was hurt by delays credited in great part to the prosecution.

We can assume he is using “prosecution” loosely.

Vigil-Giron’s attorney, Bob Gorence, says “…there was not a shred of real evidence against her. For 3 1/2 years, Rebecca was persecuted without the opportunity to clear her good name in a trial. She plans to return to public life and to serve her state again in the near future.”

He’s spot-on regarding her day in court. Like every defendant in the American system of jurisprudence, Vigil-Giron deserved the chance to face her accusers.

But taxpayers deserved something as well: the chance to find out what happened to millions in federal Help America Vote Act money. While the contract with Vigil-Giron’s office required receipts for services rendered, an audit found she had none and paid out based on estimates. More than $3 million of $6.3 million spent on the voter education campaign almost a decade ago remains unaccounted for.

As for that prospect of Vigil-Giron returning to the public payroll, it is worth noting that her best defense for millions in missing money appears to be irresponsibility and incompetence.

Taxpayers have picked up the tab for what at a minimum is Vigil-Giron’s disregard for contract law and shoddy record keeping. And they have picked up the tab for AG King’s embarrassing inability to try a case in a timely fashion for a defendant and the public alike.

This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.