By Sue Major Holmes/
Associated Press
The U.S. 10th Circuit Court of Appeals in Denver has denied an appeal by former state Treasurer Robert Vigil, who was convicted of attempted extortion in a corruption scandal that prosecutors said spanned the terms of two state treasurers.
Vigil's appeal contended the evidence used to convict him was not sufficient, but the appellate court affirmed the conviction in a decision filed Tuesday.
Defense attorney Sam Bregman said he will ask the U.S. Supreme Court to overturn the 10th Circuit Court's decision.
"There's plenty of fight left, and we will continue to fight this legal issue because we believe we're right,'' Bregman said.
"We're still very firm in our belief that Robert Vigil committed no crime for which he was convicted,'' his attorney said.
Vigil was convicted in September 2006 of one count of attempted extortion by a jury that acquitted him on 23 other extortion and racketeering charges. The conviction came in Vigil's second trial; his first ended in a mistrial when jurors could not agree.
However, prosecutors contended at trial that Vigil used his influence as state treasurer to force former treasurer's office employee George Everage to hire the wife of former Treasurer Michael Montoya as a payback for political favors by Montoya, who was Vigil's predecessor in office.
Montoya was treasurer in 1995-2002 and started the scheme that involved kickbacks from investment advisers who helped arrange bids on investments.
Prosecutors alleged Vigil modified the scheme after succeeding Montoya as state treasurer in 2003. Vigil had been deputy treasurer during part of Montoya's tenure.
Defense lawyers argued in their appeal that prosecutors never proved Vigil's actions broke the law because Vigil didn't try to obtain property from Everage. They also argued that Vigil never threaten Everage with economic harm.
Vigil currently is serving a 37-month sentence at a correctional institution in Colorado.
Montoya, who pleaded guilty to a charge of racketeering in the case, was sentenced to 40 months in federal prison.
The 10th Circuit Court's opinion in the Vigil case was written by Judge Paul Kelly, a former New Mexico state legislator who practiced law in Roswell and Santa Fe.
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