Albuquerque Journal

Gonzales asks for rehearing of appeal

- JOURNAL STAFF REPORTS

Sheriff Manuel Gonzales is asking a state judge to rehear his appeal that he was improperly denied public money to fund his mayoral campaign.

Judge Bryan Biedscheid of the 1st Judicial District ruled Aug. 27 that City Clerk Ethan Watson had not given Gonzales due process before making his July decision not to certify Gonzales for over $600,000 in taxpayer money.

Biedscheid ordered Watson to remake the decision, stipulatin­g that a denial was allowed only if Gonzales was able to see and respond to the evidence Watson said showed that the sheriff violated code and regulation­s.

Watson held a hearing for Gonzales on Wednesday. He subsequent­ly denied Gonzales the money again.

In a motion for rehearing filed Thursday, the sheriff’s attorneys say Biedscheid never addressed the key question about whether Watson — who was appointed by Gonzales’ opponent, Mayor Tim Keller — is biased, which they have contended means he cannot truly grant Gonzales due process.

Biedscheid on Friday ordered Watson to respond to Gonzales’ motion within five business days.

The District Court action is occurring while Gonzales has a pending request with the state Supreme Court to intervene in the case.

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