Former House majority leader seeks separate trial on 35 federal counts

Attorneys for Sheryl Williams Stapleton argued this week that the former New Mexico House majority leader should be tried separately from her co-defendant because he has publicly accused her of crimes.

A federal judge signaled at a hearing on Tuesday that he is unlikely to set separate trials for Stapleton and her co-defendant, Joseph Johnson, owner of Robotics Management Learning Systems.

A federal grand jury indicted Stapleton and Johnson in March, charging them with 35 federal criminal counts, including multiple counts of mail fraud, money laundering, bribery and a count of conspiring to defraud the United States.

Federal prosecutors allege that Stapleton, a former Albuquerque Public Schools official, conspired with Johnson to fraudulently procure services from Johnson’s company and, in return, Johnson issued kickback payments to Stapleton, according to the indictment.

Their trial is tentatively scheduled to begin Sept. 30 in U.S. District Court in Albuquerque.

Stapleton appeared in person Tuesday in U.S. District Court. Johnson viewed the hearing remotely. Neither spoke during the two-hour hearing.

Stapleton’s attorney, Ahmad Assed, argued Tuesday that Johnson has alleged in public court records that he did not authorize payments from his company to Stapleton’s businesses and organizations.

Johnson also said in an interview with FBI investigators that he had not been aware of kickback payments to Stapleton’s organizations, Assed and Albuquerque attorney Ryan Villa wrote in a Dec. 5 motion.

“Essentially, Mr. Johnson has accused Ms. Stapleton of stealing from him,” the motion said. “To be sure, this is a defense to the charges for Mr. Johnson, but unfairly prejudices Ms. Stapleton who cannot confront and cross-examine Mr. Johnson about these accusations.”

Assed told U.S. District Judge James O. Browning on Tuesday that if Johnson raises those criminal allegations at trial, Stapleton would be required to defend herself, resulting in a “mini-trial” within a federal trial.

{span}If Johnson were to raise the allegations at trial, it would likely be as he is testifying in his own defense, if he chooses to do so, attorneys said.{/span}

Browning said at the conclusion of the hearing that he is unlikely to approve Stapleton’s request for a separate trial.

Browning said it is likely that federal prosecutors have evidence showing that Johnson knew of the payments to Stapleton’s businesses and organizations. If Johnson chose to testify, prosecutors could use that evidence to impeach his testimony, Browning said. The judge had not filed an opinion on Wednesday.

The U.S. Attorney’s Office, which is prosecuting the case, has filed a motion opposing separate trials for Johnson and Stapleton.

Assistant U.S. Attorney Jeremy Peña said Tuesday that prosecutors want a single trial because the evidence against the two co-defendants is virtually identical. Peña also said that prosecutors don’t intend to introduce Johnson’s statements about Stapleton.

Johnson’s attorney, Marc Lowry, said Tuesday that Johnson remains adamant that he didn’t authorize the payments to Stapleton’s businesses and declined to rule out that Johnson may testify in his defense at trial. Lowry has not filed a motion responding to Stapleton’s request for a separate trial.

The federal indictment centers on money sent to Robotics, a Washington, D.C.-based company that APS paid so teachers could use Robotics’ computer learning program called CyberQuest in classrooms, according to the indictment.

From 2013 to 2021, APS paid $3,251,550 to Robotics, the indictment says. Most of that — $2,518,550 — came from federal funds intended for career-technical education programs.

Johnson, according to the indictment, provided blank checks for Robotics’ checking account to Stapleton, who in turn allegedly wrote around 233 checks “for her own benefit” that totaled about $1,152,506.

The federal indictment alleges Stapleton wrote checks from Robotics to companies she controlled. They included 104 checks totaling about $480,000 to Ujima Foundation, a nonprofit entity that Stapleton and Johnson operated and controlled together.

Another 56 checks totaling about $313,000 were made to Taste of the Caribbean, an Albuquerque restaurant Stapleton and her family owned and operated, the indictment said. About 60 checks totaling $286,772 were written to her personal consulting firm, S. Williams & Associates, it said.

The indictment also alleges Stapleton wrote 11 checks from Robotics totaling about $72,649 to other parties that provided goods and services to Stapleton, including for a remodeling of her home.