Albuquerque Journal

Griego witness says exchange ‘uncomforta­ble’

Judge admonishes defendant for chat

- BY DAN MCKAY JOURNAL CAPITOL BUREAU

SANTA FE — A witness in the corruption trial of former state Sen. Phil Griego testified Thursday that he was uncomforta­ble earlier this week when the exlawmaker approached him outside the courtroom, just before he was called to testify.

The interactio­n prompted District Judge Brett Loveless to admonish Griego late Wednesday, outside the jury’s presence.

But jurors learned about the conversati­on Thursday morning as prosecutor­s for the Attorney General’s Office characteri­zed it as an attempt by Griego to offer a future business deal to someone who was about to provide testimony in his case.

The defense suggested it was just an innocuous interactio­n between two people who have known each other for a long time.

Deputy Attorney General Sharon Pino revealed the conversati­on to jurors as she questioned the witness, John Mahoney, on the stand.

Mahoney, a real-estate broker who used to supervise Griego, acknowledg­ed that the ex-lawmaker had approached him in the courthouse shortly before he testified Wednesday. Griego said he’d like to talk after the case concludes because he had “someone who might be interested in a property I have,” Mahoney testified.

“I was a little uncomforta­ble having the conversati­on standing outside the courtroom,” Mahoney said. “I’m a witness, so I wasn’t sure we were supposed to be having a conversati­on.”

But Mahoney also said he didn’t think Griego was trying to influence his testimony.

And under questionin­g from Griego attorney Tom Clark, Mahoney said he had testified honestly and that Griego hadn’t influenced him.

Mahoney’s testimony is important because prosecutor­s consider him a victim of fraud — one of the charges against Griego.

Prosecutor­s allege that Griego didn’t properly disclose to Mahoney that he was working on a deal involving a state building and that the two should have negotiated whether or how to split the commission.

Mahoney testified Thursday that he isn’t sure whether Griego owes him a share of the commission. But he said that, under the terms of their contract at the time, he would have been entitled to know about Griego’s work so they could at least talk about the commission.

Prosecutor­s say Griego, a San Jose Democrat, used his position as a legislator to push the sale of a state building and then pocketed a $50,000 commission as a broker on the transactio­n.

Griego resigned in 2015 after an ethics investigat­ion by a legislativ­e committee.

His attorneys say he didn’t commit a crime. He didn’t actually vote on legislatio­n authorizin­g the sale, they say, and his role as broker didn’t start until after the 2014 legislativ­e session had concluded.

The trial is now in its second week and will continue Monday.

 ?? EDDIE MOORE/JOURNAL ?? Former state Sen. Phil Griego, left, with one of his attorneys, Elden Pennington, watches retired Secretary of Energy Minerals and Natural Resources David Martin walk to the witness stand during the corruption trial of Griego on Thursday in Santa Fe.
EDDIE MOORE/JOURNAL Former state Sen. Phil Griego, left, with one of his attorneys, Elden Pennington, watches retired Secretary of Energy Minerals and Natural Resources David Martin walk to the witness stand during the corruption trial of Griego on Thursday in Santa Fe.

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