Jury fails to reach verdict in Cody Hopkins' trial

A jury failed to reach a verdict Monday in the embezzlement trial of Cody Hopkins, a former University of New Mexico director of men’s basketball operations.

Hopkins, 41, faces a single count of embezzlement, $20,000 or more, for allegedly taking UNM money for his own use in 2015, mostly in the form of cash withdrawals using his university-issued credit card.

Jurors had the option of convicting Hopkins of taking amounts less than $20,000, but also hung on those charges, said Lauren Rodriguez, a spokeswoman for the New Mexico Attorney General’s Office, which prosecuted the case.

“We remain confident that we can secure a conviction on all counts and are prepared to try this case again,” Rodriguez said in a written statement.

Prosecutors last week dismissed five felony counts of forgery under $2,500 that were listed in Hopkins’ indictment.

The five-day trial in 2nd Judicial District Court included emotional testimony from Hopkins, who told jurors last week he became depressed, drank heavily and gambled in the months before he resigned his post with the UNM men’s team in December 2015.

A 2nd Judicial District Court judge declared a mistrial after jurors reported the impasse shortly before noon. The jury began its deliberations late Friday afternoon and resumed Monday morning.

Prosecutors alleged that Hopkins withdrew thousands of dollars using his UNM purchasing card, or “P-card,” that coincided with his gambling activities at Sandia Resort & Casino.

In closing arguments Friday, Assistant Attorney General Andrew Coffing showed jurors a detailed list of Hopkins’ gambling activity at the casino, together with times and dates of cash advances made with his UNM P-card.

Hopkins’ attorney, Paul Kennedy, responded that Hopkins did not intend to steal UNM funds or deliberately defraud his employer.

Kennedy argued that Hopkins was directed by superiors to withdraw thousands of dollars in cash to pay expenses for players and assistant coaches.

Hopkins also was instructed to deposit the money in his personal Wells Fargo account if it was not needed immediately — a system Kennedy called “archaic and chaotic.”

Hopkins was directed in July 2015 to withdraw $12,000 with his P-card to pay assistant coaches for scouting trips to destinations as far away as Australia and Greece, he said.

Over time, Hopkins fell further and further behind in reconciling his withdrawals with receipts, Kennedy said.