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Copyright © 2013 Albuquerque Journal
What may be the final hurdle in the bribery trial of retired District Judge Michael T. Murphy of Las Cruces was cleared last week when the judge hearing the case refused to disqualify Murphy’s defense attorney.
Acting District Judge Leslie Smith refused to remove Las Cruces attorney Michael Stout from representing Murphy even if Stout’s wife, District Judge-elect Marci Beyer, is a witness for the prosecution.
District Attorney Matt Chandler of Clovis, the special prosecutor, was seeking to have Stout removed as Murphy’s attorney because he had a conflict since his wife was a potential prosecution witness.
No trial date has been set, but Smith has warned Chandler and Stout to be prepared to go to trial soon after pre-trial matters were resolved.
One of those matters was resolved when the state Court of Appeals allowed Chandler to dismiss his appeal of Smith’s ruling that threw out a misdemeanor charge against Murphy of violating the Governmental Conduct Act.
Murphy was indicted in 2011 on charges of bribery, criminal solicitation and intimidation of a witness.
MURPHY: Resigned from bench last year
Murphy is alleged to have told a potential judicial candidate, attorney Beverly Singleman, in 2007 that she needed to make contributions to the local Democratic Party to better her chances for appointment to the bench.
Murphy, 65, a domestic relations specialist, was appointed by Gov. Bill Richardson in 2006.
He allegedly said he had paid $4,000 to a local politico, Edgar Lopez, to secure an appointment by Richardson to the bench and told Singleman she should make payments in cash to Lopez.
Richardson denied he ever received money from Lopez. Lopez has not been charged with any crime.
Singleman and Beyer worked at the same law firm at the time of the lunch meeting between Singleman and Murphy.
After the lunch meeting with Murphy, Singleman met with her paralegal Yolanda Garcia. Garcia, according to court records, said that Beyer was present while Singleman recounted the details of the lunch.
Beyer in a statement to one of Chandler’s investigators denied being present when Singleman recounted the details of her lunch with Murphy.
Smith, a retired U.S. magistrate judge was appointed to preside over the case, found that Murphy, an experienced attorney, wanted to keep Stout as his attorney even if Beyer was a witness for the prosecution.
He also ruled that Beyer, without evidence to the contrary, could be considered one of Murphy’s attorneys because Stout had invoked attorney client privilege on her behalf during the interview with Chandler’s investigator.
Murphy resigned from the bench last year when he was faced with the prospect of being questioned about alleged offensive and biased remarks he made to court employees and during his tenure as judge.
He agreed to never again hold, become a candidate for, run for, or stand for election to any New Mexico judicial office, according to a Supreme Court order.
— This article appeared on page A4 of the Albuquerque Journal
Reprint story -- Email the reporter at mgallagher@abqjournal.com. Call the reporter at 505-823-3971
