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Wednesday, May 17, 2006

Vigil Jury Begins Its Deliberations

By Scott Sandlin
Journal Staff Writer
    Jurors deciding public corruption charges against former state Treasurer Robert Vigil are conscientious and polite, based on their communications to the judge.
    In notes to the judge, starting "Your honor," they have asked to get a display stand for the charts, a dry eraser board or chart paper, sticky notes, AA batteries, an exhibit list and the court reporter's transcript.
    Yes to the supplies. No to the transcript.
    The government has charged Vigil with continuing to operate a kickback scheme developed by his predecessor as state treasurer, Michael Montoya. The trial is in its fifth week.
    The jury foreperson also inquired, in a meticulous script, the jury's wish to start deliberating with Counts 26, 27 and 28. The judge approved.
    In instructions that preceded closing argument Monday, Senior U.S. District Judge James A. Parker told jurors to begin with the Hobbs Act violations charges— also known as extortion under color of official right— before proceeding to the racketeering and racketeering conspiracy charges.
    That's because the racketeering and conspiracy counts require them to unanimously agree on at least two of the extortion charges as a basis for the others.
    Counts seven through 28 of the indictment are extortion counts alleging that Vigil took or directed payment in exchange for an official act.
    Two of the three counts the jury is starting off with relate to alleged cash payments to Vigil by former investment adviser Kent Nelson— one of $11,500 and the other of $1,900. The third deals with Vigil's alleged pressuring of George Everage, who was preparing a contract to be the Securities Lending Oversight Manager for the Treasurer's office, to hire Samantha Sais-Montoya, Michael Montoya's wife.
    Jurors adjourned at 5 p.m. and will resume deliberations at 2:30 p.m today. The late start is because a juror will attend a funeral.