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Tuesday, August 12, 2008

Political, Ethnic Claims Rejected

By Mike Gallagher
Copyright © 2008 Albuquerque Journal
Journal Investigative Reporter
          A federal judge has rejected defense claims that charges in the Metropolitan Courthouse corruption case stemmed from political and ethnic prosecution.
        U.S. District Judge William "Chip" Johnson has denied defense motions asking to throw out the federal charges against former state Sen. Manny Aragon, former court administrator Toby Martinez and engineer Raul Parra.
        Defense attorneys contended that the indictments were the product of the Bush Administration's plan to target Democrats for criminal prosecution and were related to the firing of former U.S. Attorney David Iglesias.
        In rejecting the argument and refusing a defense request to allow an evidentiary hearing on the allegations, Johnson ruled that the indictment was the result of testimonial evidence rather than political pressure.
        He noted that the indictment against Aragon, Martinez and Parra was returned only after other people allegedly involved in the scheme pleaded guilty to federal charges based on the courthouse investigation.
        Johnson said in a memorandum opinion and order "that the timing of the initial indictment related more to the newly obtained testimonial evidence rather than political pressure."
        He also ruled that it would be a "gigantic leap to assume, in the absence of evidence, that Larry Gomez, a career prosecutor, brought the indictments for the improper purpose of targeting Democrats to avoid removal from office."
        Gomez was named acting U.S. Attorney after Iglesias departed under pressure in February 2007. Gomez was in the position when the indictments were handed up.
        The indictment against Aragon, Martinez and Parra was returned at the end of March 2007 after court architect Marc Schiff, the court's lobbyist Ken Schultz and a subcontractor, Manuel Guara, pleaded guilty to federal charges in the case.
        All three agreed to testify for federal prosecutors as part of their plea agreements.
        Attorneys for two other defendants, construction manager Michael Murphy and Martinez's wife, Sandra Martinez, did not join in the motion.
        All five have pleaded not guilty to charges of conspiracy, mail fraud and money laundering in an alleged scheme to take more than $4 million from the $83 million courthouse construction project through phony change orders and inflated invoices.
        Johnson also concluded that the defendants failed to show they were targeted because they were Hispanic Democrats. He noted, among other factors, that former Albuquerque Mayor Schultz was a Republican.
        Johnson's ruling means defense lawyers won't be able to mount a direct defense of political prosecution by calling witnesses to testify about it. The ruling can't be appealed until after the trial.
        Meanwhile, attorneys for Aragon, Martinez and Parra are asking the 10th Circuit Court of Appeals to review Johnson's refusal to remove himself from hearing the case, which is now scheduled for trial in October.
        The attorneys are questioning Johnson's impartiality. Prosecutors have said that the defense attorneys are judge shopping.