DA: No sex charges against ex-mayor
Statute of limitations cited in allegations against Gonzales
SANTA FE — District Attorney Marco Serna said Tuesday that the statute of limitations has expired for any possible charges against former Santa Fe Mayor Javier Gonzales based on accusations from a relative who accused him of sexually assaulting her when they were children.
Serna also said in a news release that “an appropriate timeline cannot be established to support” a case against the former mayor.
The Santa Fe DA didn’t elaborate and did not return calls seeking comment.
According to State Police reports, the accuser, who is now in her 40s, told officers in February that the alleged abuse started in 1980 when she was 8 and Gonzales was 14 and ended around 1985.
“The statute of limitations for any possible charges lapsed before this case was brought to the attention
of the District Attorney and law enforcement,” said a press release from Serna Tuesday morning.
“In an extended attempt to explore the possibility of Criminal Sexual Penetration of a Minor in the First Degree, the appropriate timeline cannot be established to support such a charge.”
Political consultant Scott Forrester issued a statement on Gonzales’ behalf.
“From day one this was a false and politically-tainted charge meant to hurt me and my family,” the statement said. “It was thoroughly investigated and completely without merit, and I’m glad to put this behind us once and for all.
“Sexual assault is a serious problem in this country, and I join the District Attorney’s call to make sure every incident of abuse is reported to the authorities in a timely manner and investigated appropriately to protect children growing up in our communities.”
The accuser’s attorney, Blair Dunn, sent a letter to Serna on Tuesday critical of his decision.
Dunn said there’s no statute of limitations for first-degree criminal sexual penetration, which he believes Gonzales should be charged with.
“Having reviewed that state police report in this matter, this decision and statement by you is deeply concerning to the point of appearing to be a serious miscarriage of justice,” the letter said. “… To be blunt, your statement that a timeline cannot be established appears extremely suspect in light of even just an adequate review of the State Police Report.”
Dunn says that among the definitions of criminal sexual penetration in the first degree is language that includes all sexual penetration of a child under 13 years of age.
“The events described to the state police and corroborated by multiple witnesses clearly establish a timeline where the victim was under the age of 13 and the suspect was 18 years old when some of the criminal conduct occurred,” Dunn wrote.
Dunn wrote that Serna’s decision “gives the appearance of political impropriety.”
During the State Police investigation, several family members were interviewed and some of them said they were aware of the accuser’s allegations for years.
Gonzales declined to be interviewed by investigators, according to the investigation reports.
Amber Espinosa-Trujillo, the wife of former Santa Fe city councilor and mayoral candidate Ron Trujillo, was also interviewed by police. She said the accuser sought her help in making the allegations public. Ron Trujillo was a political rival of Gonzales’.
The Trujillos declined to comment Tuesday.
Gonzales abandoned his bid for lieutenant governor just days before the allegations surfaced, saying he wanted to spend more time with his family.
Gonzales’ accuser — who declined comment Tuesday— told police Gonzales would penetrate her and have her perform oral sex on him.
Some of the alleged abuse took place around a game based on the television show “I Dream of Jeannie.”
“She told me Javier would be the master and she was the Jeannie,” one officer wrote. “She said Javier gave orders and she would say your wish is my command.”
The woman said the game progressed from kissing to oral sex.