Albuquerque Journal

Judge: Legislator­s must testify in Griego case

But no ruling on whether questions will be limited due to immunity provision

- BY DAN BOYD JOURNAL CAPITOL BUREAU

SANTA FE — New Mexico lawmakers and legislativ­e staffers will have to testify in the opening stanza of the criminal case against former state Sen. Phil Griego, though the type of questions they’re required to answer could be limited, a judge ruled Monday.

Specifical­ly, District Judge Brett Loveless of Albuquerqu­e denied a motion to reject subpoenas issued to legislator­s and staffers but decided not to issue a ruling on whether certain questions, if asked of them, could violate an immunity provision in the state Constituti­on.

“It’s just something we’re going to have to deal with during the preliminar­y hearing,” Loveless said, referring to a four-day hearing set to begin next week.

Griego, who resigned from the Senate in March 2015, is facing fraud, bribery and other criminal charges for allegedly using his role as a legislator to profit from the sale of a historic state-owned building near downtown Santa Fe.

If convicted of all counts, Griego, who has pleaded not guilty, could face up to 28 years in prison and more than $40,000 in fines.

Attorney General Hector Balderas’ office has indicated it plans to call nine lawmakers — including Senate Majority Leader Michael Sanchez, D-Belen, and Senate Minority Leader Stuart Ingle,

R-Portales — and at least four legislativ­e staffers to testify

Although several lawmakers have said they have no problem with doing so, attorneys for the Legislativ­e Council Service asked the judge in a motion filed earlier this month to nullify the subpoenas or, at the least, to limit their scope.

During Monday’s hearing on the motion, Thomas Hnasko, a Santa Fe attorney representi­ng the Legislativ­e Council Service, asserted the request did not seek “blanket immunity” for lawmakers and staffers from having to testify. Instead, he said, its aim was to protect the legislativ­e branch and allow individual legislator­s to decide whether to waive immunity arguments.

That appeared to be in response to Balderas’ previous claim that the Legislativ­e Council Service’s legal stance “sacrifices justice on an altar of secrecy.”

In an unusual twist, Hnasko himself has been listed by the AG’s Office as a possible witness in the case, because he also did legal work for an internal Senate ethics investigat­ion into Griego’s conduct.

Judge Loveless did not issue an immediate ruling Monday on whether Hnasko would in fact be required to testify during next week’s preliminar­y hearing, which will be split between Albuquerqu­e and Santa Fe.

However, the judge already has ruled that most of the Senate ethics investigat­ion’s records must be turned over to prosecutor­s.

The court sparring between the Attorney General’s Office and the Legislativ­e Council Service has become a key plot line in the case against Griego, a San Miguel Democrat.

Clara Moran, director of special prosecutio­ns for the AG’s Office, claimed during Monday’s hearing the council service, which provides bill-drafting and legal services to legislator­s, has not identified specifical­ly which legislator­s it is representi­ng during the Griego case.

She also said lawmakers called as witnesses should have to raise their own objections to questions asked during the preliminar­y hearing, saying, “We’re asking the court not to limit the questionin­g.”

Also still unresolved is whether freelance journalist Peter St. Cyr, who wrote the first stories on Griego’s real estate deal, should have to testify.

The AG’s Office has listed St. Cyr as a witness and indicated it wants to ask him about his interviews with Griego, but an attorney representi­ng St. Cyr has argued a state Supreme Court rule protects journalist­s from having to divulge much of their work.

“This is actually trying to compel testimony about the newsgather­ing process,” Albuquerqu­e attorney Colin Hunter said Monday.

The judge is expected to rule on whether St. Cyr should have to testify — and if so, on what issues — by the week’s end.

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GRIEGO: Ex-legislator faces criminal charges

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