Albuquerque Journal

Judge questions charging document in Krebs case

Ex-UNM official’s arraignmen­t pushed back to Friday

- BY KATY BARNITZ

Former University of New Mexico Athletics Director Paul Krebs’ arraignmen­t has been pushed back to Friday after a judge raised concerns over the method used by the Attorney General’s Office to launch the case.

Krebs, 62, stood quietly beside his attorney, Paul Kennedy during a brief hearing Monday. It was his first court appearance since the AG’s Office filed a criminal complaint in state District Court early this month accusing him of five felonies — including fraud and money laundering — stemming from a 2015 golf

trip to Scotland.

Krebs is accused of using his position within the university to “pursue his private interest by planning and participat­ing in the trip,” which was paid for in part with public money. And when the trip came under scrutiny years later, the complaint says, Krebs destroyed electronic documents, interfered with the release of public records and instructed others to do so, too.

At what was supposed to be his arraignmen­t Monday morning, Chief Judge Stan Whitaker questioned the office’s decision to initiate the case using a complaint rather than a criminal informatio­n or indictment. Typically, Whitaker said, a complaint would be filed across the street in Metropolit­an Court, and a judge would consider whether there is probable cause to confine the defendant.

“In the 12½ years I’ve been here, I don’t think I’ve ever seen anything like this,” Whitaker said of the Krebs complaint.

The proper charging document in a District Court felony case, Whitaker said, is an informatio­n or indictment.

David Carl, spokesman for the AG’s Office, said in a statement Monday that a complaint “provides ample and specific notice of the charges to the criminally accused beyond what is normally available in a criminal informatio­n.”

Whitaker asked prosecutor­s to file an informatio­n within 24 hours so that Krebs can be arraigned Friday.

“That’s not a suggestion,” Whitaker said. “That’s a requiremen­t of this court.”

Kennedy told the judge he agreed. Reached after the hearing, he declined to comment.

Prosecutor­s plan to file an informatio­n, Carl said, in addition to the complaint, and either a preliminar­y examinatio­n or grand jury hearing will take place within 60 days. But he also said that the complaint is permissibl­e under court rules.

A criminal complaint often includes an account of the circumstan­ces supporting criminal charges; in Krebs’ case, it is a nine-page document that details the AG’s Office’s investigat­ion. In contrast, an informatio­n or indictment usually includes only essential facts, the name of the alleged offense and a statute number.

 ??  ?? Paul Krebs
Paul Krebs
 ?? ROBERTO E. ROSALES/JOURNAL ?? Former University of New Mexico athletic director Paul Krebs, left, and attorney Paul Kennedy were in court Monday for what was scheduled as his arraignmen­t. The court reset his arraignmen­t for Friday amid concerns over the charging document used to initiate his case.
ROBERTO E. ROSALES/JOURNAL Former University of New Mexico athletic director Paul Krebs, left, and attorney Paul Kennedy were in court Monday for what was scheduled as his arraignmen­t. The court reset his arraignmen­t for Friday amid concerns over the charging document used to initiate his case.
 ??  ?? Paul Krebs, right, stands beside his lawyer, Paul Kennedy, at a hearing Monday before state District Court Chief Judge Stan Whitaker, center.
Paul Krebs, right, stands beside his lawyer, Paul Kennedy, at a hearing Monday before state District Court Chief Judge Stan Whitaker, center.

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