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Thursday, March 05, 2009
Aragon: 'It Grieves Me Deeply'
Documents in Aragon Case Manny Aragon in the news through the years
By Scott Sandlin And Mike Gallagher
Journal Staff Writers
Archbishop Michael J. Sheehan. Former Albuquerque Police Chief Bob Stover. Former UNM Athletic Director Rudy Davalos. Senate President Pro-Tem Tim Jennings.
They were among the notable New Mexicans who wrote letters on behalf of convicted political powerhouse Manny Aragon, who is to be sentenced in federal court March 17 for his role in a scheme to siphon $4.2 million from the Metropolitan Courthouse construction project.
Aragon has pleaded guilty and agreed to serve 67 months in federal prison. However, his attorneys are disputing how much Aragon personally profited from the crime, and Judge William P. "Chip" Johnson has not decided how much to impose in fines and restitution.
The letters generally ask Johnson to take into consideration Aragon's good work as a longtime legislator and community member.
"In his years in the Senate, Manny often fought especially hard for people who couldn't always stand up for themselves," wrote Jennings, D-Roswell, who holds the position Aragon once held.
"He was one of the most compassionate champions of the poor and those without a voice in government."
Most of the letter writers acknowledged Aragon's legal transgressions, as did Aragon — who had publicly proclaimed his innocence before pleading guilty.
In lieu of speaking at his sentencing, Aragon wrote to the court.
He describes his legislative accomplishments, apologizes to the public, asks that the court not strip all his resources and explains that his actions resulted from his devastation over being ousted as Senate president pro tem.
"I fell hard and fast from that position of power and influence," he wrote. "I let myself be drawn into this terrible scheme of an architect, court administrator and engineer that I admired and trusted."
There also is a document by his attorneys Ray Twohig, Tim Padilla and Miles Hanisee summarizing objections to a pre-sentence report that concludes Aragon's profit from the overall conspiracy was more than $814,000.
Aragon is scheduled for sentencing March 17, the first for the eight defendants who pleaded guilty in the wide-ranging corruption case.
Aragon, who served in the state Senate from 1975 to 2004, pleaded guilty to one count of conspiracy and two counts of mail fraud.
One letter talked about Aragon's support of the University of New Mexico Cancer Center.
Former state Rep. Richard "Dick" Minzner wrote that naming a "new hospital wing after him could have been easily justified."
The FBI had been investigating the case since 2005.
Aragon already forfeited $662,683 to the federal government from a retirement account valued at more than $800,000 at the time the government seized it, including $200,000 he was paid when he resigned as president of New Mexico Highlands University.
His attorneys dispute the amount he received in the initial scheme to rake money out of the architectural contract for the Metro Court, which dates to the late 1990s.
A separate scheme involving an inflated audiovisual contract for the court yielded a personal gain of $609,272 and was taken before he pleaded guilty.
On the first day of the 2001 legislative session, Aragon was removed as state Senate leader.
According to the document filed by his attorneys, Aragon "felt betrayed by this action. He became depressed, began to drink considerably more heavily than in the past and withdrew from much of the public life he had previously embraced."
The memorandum says Aragon was increasingly depressed and was considering resigning from his seat when he was approached about the Metro Court scheme by Raul Parra, an engineer, and Toby Martinez, the Metro Court administrator.
Parra and Martinez persuaded Aragon to remain in the Senate and assured him that funds would be available for his retirement — about $600,000.
He left the Senate in 2004 to become president at New Mexico Highlands University.
Aragon's letter says he didn't write to make excuses for his conduct, but to show the court that "these circumstances do not fully portray the manner in which I served the public."
Aragon offers his "great remorse and ... my deep apology to the people of New Mexico" and goes on to list accomplishments — among them a 1992 amendment that gave crime victims a voice in court.
"It grieves me deeply to find myself appearing in this court for sentencing for crimes such as this after all that I have attempted to accomplish in and for New Mexico and our nation," he wrote.
During the time he got involved in the audiovisual scheme, Aragon was dealing with the health of his mother, who was diagnosed with lung cancer in 2002. She passed away in 2006.
Also, his daughter was diagnosed with Crohn's disease and relies on Aragon for help with her medical expenses.
Aragon's own health is not good, according to his attorneys, because of his smoking and drinking. They ask the court to recommend that he participate in a program for drug and alcohol abuse while he serves his prison time.
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