By Mark Evans/
Associated Press
The public corruption trial of former Treasurer Robert Vigil abruptly ended Monday in a mistrial after jurors said they were at a hopeless impasse on all charges.
Vigil, who sat silent at the defense table through most of the five-week trial, jubilantly hugged his attorney, Sam Bregman, then silently embraced several members of his family.
"We are obviously thrilled,'' Bregman said later. "What we've seen all along, the government, despite indicting him five times, was unable to convict him on one charge in an open public court room.''
Prosecutor Jonathon Gerson sternly objected to Judge James A. Parker's dismissal of the jury, which came after less than 24 hours of deliberations spread over five days. He said he would retry the case as soon as reasonably possible.
With the jury rendering no conviction or acquittal, Vigil still stands charged with 24 counts of racketeering, extortion and conspiracy stemming from an alleged scheme that involved steering business to investment advisers in exchange for kickbacks.
"In our system, it's the jury that gets the last word. ... We'll try again to get a last word,'' Gerson said. A spokesman for U.S. Attorney David C. Iglesias said the office had no further comment.
Bregman said a retrial would be a waste of taxpayer money.
Parker declared the impasse after polling each of the jurors as to whether they thought a verdict was possible on any of the charges. The first juror polled said maybe. But then, one by one, the 11 others told Parker they did not think it was possible to reach a unanimous decision on any of the counts.
Outside the courthouse, several jury members said one male juror in particular was steadfast in his belief that Vigil was innocent.
"He had his mind made up already. No matter what evidence we showed him, he wouldn't buy it,'' said juror Lawrence Apodaca.
But Apodaca added: "The government, in my mind, could have done a better job.''
Jury forewoman Kathleen Perea said she was "really disappointed'' in the outcome, and that it was caused by "one juror holding us up.''
"He stated that it didn't matter what we did,'' and told others on the jury: "'I will not look at evidence. I will not change my mind,''' said Perea, a Santa Fe teacher.
Eleanor Singer, who took time off from her job a Deming truck stop to serve on the panel, said she was convinced of Vigil's guilt, at least on some counts.
"I felt it was easy to see on the videotapes. It stated right there that he did accept money,'' she said.
Gov. Bill Richardson said that notwithstanding the mistrial, testimony "revealed corruption and a serious breach of public trust within the treasurer's office. ... The scandalous conduct exposed during the trial clearly demonstrates the need for comprehensive ethics and campaign finance reform.''
Three prosecution witnesses — Vigil's predecessor as treasurer, Michael Montoya; a middleman in the kickback scheme, Angelo Garcia; and California investment adviser Kent Nelson all pleaded guilty to crimes and cooperated with prosecutors.
Attorney General Patricia Madrid said her call for Vigil's resignation last year was not premature. Vigil resigned in October as lawmakers were considering whether to impeach him.
"At the time I called for Vigil's resignation he was the sitting state treasurer and he had been indicted on very serious charges,'' she said. "Resignation was the appropriate course of action.''
Madrid also said she would review the testimony of several prosecution witnesses for any violation of state laws. She noted Garcia is to go on trial next month on state securities fraud charges she brought before Vigil's arrest.
Bregman did not call defense witnesses in the trial that began April 17. He surprised the courtroom after the prosecution rested its case May 10 by announcing he would not call witnesses because, he said, prosecutors failed to prove Vigil committed any crimes.
Two days later, Parker dismissed four money laundering counts against Vigil, leaving the extortion and racketeering charges.
During the trial, Bregman attacked the credibility of Garcia, who testified he received kickbacks from Nelson for himself and Vigil.
Nelson was a third-party investment adviser for the treasurer's office under Vigil and Montoya. Vigil had been Montoya's deputy treasurer.
Garcia told the FBI he had no direct knowledge that Vigil was involved in a kickback scheme. Under Bregman's questioning, Garcia said Vigil "didn't know it was kickbacks, but he knew it was from us,'' referring to Nelson, Montoya and himself.
A retired FBI agent who helped wrap up the prosecution case described how he and a partner posed as securities brokers from a fictional Texas company in an unsuccessful bid to nab Vigil in a kickback scheme.
Bregman called the undercover operation "playing make-believe.''
Gerson, for his part, played excerpts from videotapes that showed Vigil accepting cash from Nelson and tape-recorded phone conversations between Vigil and Garcia.
Testimony showed Vigil directed Garcia to use money from kickbacks to make campaign contributions and charitable donations, Gerson said. After jurors watched a video of Vigil accepting $11,500 from Nelson in May 2005, Gerson told them, "There is no chance that the defendant thought this was a legitimate campaign contribution.''
"This was a bribe,'' he said.
But Bregman stressed there was no testimony showing an "explicit agreement'' that Vigil would provide investment business in exchange for money.
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