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Monday, January 08, 2024

Trial That Could Rock State Political Scene Still Delayed; Update On Williams Stapleton's Plea Bargain Efforts, Plus: Nibert Appointed To Senate; Replaces Ingle, And: Recent Passages Of Prominent Politicos

Sheryl Williams Stapleton
Welcome back fellow political junkies. This is the first full biz week of the new year and the political news is stacking up. Let's get to it. . . 

A long-delayed corruption trial that could rock the political scene this election year and be exceptionally troublesome for Democrats remains delayed as plea bargain negotiations that started months ago continue. 

The trial of former state House Majority Leader Sheryl Willams Stapleton had been set to begin January 2 but both federal authorities and the Attorney General's office  continue efforts to make a deal with Stapleton. For now a trial is a nonstarter. 

The charges against Williams Stapleton, a former high level APS employee, are epic in the annals of state corruption history. The saga began back in 2021 when a search warrant was executed at her ABQ home:
 
(She)is accused of using her position as a powerful lawmaker and APS employee to funnel money to her personal and business bank accounts and is at the center of a criminal investigation by both state and federal authorities. A 32-page search warrant outlined how Stapleton is accused of stealing more than $5.3 million from APS, starting 13 years ago. . .The search warrant uncovered evidence of possible racketeering, money laundering and receiving kickbacks. They allege that Stapleton convinced APS to contract with a software company to provide services to students. However, they allege that the company never produced a workable program and was not a legitimate company. They were paid more than $5 million over 13 years.  
 
Stapleton, the first black woman elected to the legislature, resigned soon after the scandal broke in 2021. 

She is charged with 28 counts, including racketeering, money laundering, fraud, bribery and other allegations. Three judges have rescued themselves from the case and defense attorneys and prosecutors asked for more time to review case documents.

BACKSTORY PLEASE
 
Okay, so what's the backstory here? A reader who has consulted in NM politics and who wishes to remain anonymous tracked down more for us:

Joe, I learned from Bernalillo County court officials that the Stapleton case was given a continuance on Dec 8th because the state (read AG Torrez) and the Feds and Stapleton attorney Ahmad Assed are trying to reach an agreement on a plea deal that would satisfy both the state and Feds. 
 
The sticking point is where is the $6 million in federal dollars that was unaccounted for in Stapleton's bank accounts as well as large expenditures paid out to several entities that Stapleton had formed (read money laundering). That is a pretty big amount lying around in a "mattress" somewhere and a good bargaining chit for Stapleton/Assed to bring to the table---the Feds and State could claim they got the money back and justify a potential slap on the wrist for Stapleton who goes to "Club Fed" for a "nickel" (using the prison lingo). 
 
New Mexico voters are no virgins when it comes to political corruption charges and there is no guarantee that the Republicans could take advantage of a high-profile Stapleton trial in the middle of a campaign. Nevertheless it would be a gift for the minority party. Stay tuned.

IT'S SENATOR NIBERT

Sen. Nibert
She dropped it late Friday afternoon but it's not lost on La Politica that the state Senate now has another staunch supporter of the oil and gas industry. 
 
That was done with the Governor's appointment of Republican state Rep and House Minority Whip Greg Nibert of Roswell to fill the vacancy created by the resignation of GOP state Sen. Stuart Ingle. 

There was speculation that the Guv might go for a Republican outside of the oil industry as she did in filling a Senate vacancy in the oil counties of Eddy and Lea last year. 

However, even if he had not received MLG's blessing Nibert, an attorney for the oil crowd and a well-liked persona in GOP circles, was poised to run for the seat in the June primary and take the win. 

The enviros may not be pleased with the appointment replacing farmer/rancher Ingle but it makes much political sense. Besides, Nibert has not been overly critical of the Guv in his public messaging. 

Now it's on to the House vacancy created by Nibert's appointment to the Senate. That one will be filled by the Chaves County Commission because Nibert's district is only in that county. 

In multi-county districts the county commissions from those districts send names to the Guv and she makes the final choice--as she did in the case of the Ingle seat which includes parts of Chaves, DeBaca, Curry, Lea and Roosevelt.

PASSAGES

Sen. Garcia
Some well-known state political personalities passed away over the holidays and into the new year. With the help of longtime readers we present their stories.

Former state Senator Mary Jane Garcia of Las Cruces has died and veteran legislative analyst and attorney Cliff Rees has this tribute from the Capitol:

Joe, I was saddened to hear of the death of state Senator Mary Jane Garcia of Dona Ana County who served in the Senate from 1988-2012. I was privileged to work with her as a Legislative Analyst for the Senate Public Affairs Committee in the 2007 Legislative Session when she successfully sponsored SB 10 to prohibit cockfighting in New Mexico as a form of cruelty to animals. 

Senator Garcia demonstrated courage and persistence in the face of repeated threats of violence against her (sound like anything we're seeing today?) by the extreme opponents of the bill. Former Senator Dede Feldman, then Chair of Public Affairs, detailed this profile in courage in her book, "Inside the New Mexico Senate: Boots, Suits and Citizens."

Senator Garcia served as Vice Chair of the Senate Public Affairs Commitee and Senate Majority Whip. She will be missed!   

Mary Jane Garcia was 87.

SHIRLEY SCARAFIOTTI

She was a gubernatorial chief of staff not to be trifled with. Old timers will well remember Shirley Scarafiotti who headed up the Guv's office under Dem Toney Anaya from 1983-87. Reader David Oakley was there then and now has this remembrance:

In the rough and tumble world of politics elected officials and candidates are very dependent on those loyal to them. That aptly describes the relationship between former Governor Anaya and his faithful long time executive assistant Shirley Scarafiotti who passed away Dec. 29 at 92. 

She was active in Anaya's 1974 successful campaign for Attorney General and as in all of his campaigns, was cognizant of those who supported Anaya, but also those who didn't. She was also involved in Anaya's close but unsuccessful effort to oust incumbent GOP U.S. Senator Pete Domenici in 1978, and later was a major part of Anaya's successful 1982 campaign for Governor.

In the Governor's office she was a powerful keeper of the gate. As a political newbie (I was the press secretary) I sometimes was stunned at what I thought was unnecessary harshness in her approach, but I soon learned that every elected executive needs a Shirley Scarafiotti to play the heavy. As a result she had detractors, but in the world of politics, I don't think it bothered her one bit. I also should point out that she was very intelligent, fun loving, and could be very charming. 

 Que descanse en paz, Shirley.  (May her soul rest in peace).

DAVID NORVELL

David Norvell, who served as the youngest Speaker of the NM House in the 60's and later served a term as attorney general from 1971-75, was a prominent fixture in state Democratic politics whose views on the events of the day were eagerly sought by several generations of politicos. We were always pleased to have this true gentleman among our longtime readers and field his occasional email. From his obit:

Norvell was clearly a legislative visionary. He led fights against capital punishment, for higher minimum wages, for a public employee collective bargaining act, for civil rights legislation and court reform. Speaker Norvell was a prime sponsor of the Human Rights Act. . .He joined with a number of other states’ Attorneys General to oppose the Vietnam war, hired a record number of women as Assistant AGs and issued many consequential opinions, such as the protection of the rights of students in public education to speak in their Native languages on campus

We first met Norvell in 1976 as a reporter for KRKE radio covering his ABQ federal trial in which he was accused of an extortion attempt in a water well dispute. He was charged with failing to report $40,000 on his 1972 tax return he allegedly received for issuing a favorable attorney general's opinion.

Norvell, who served as Gaming Control Board chairman under Gov. Richardson, firmly maintained the case brought by a Republican US attorney was in retaliation for his opposition to the Nixon administration and he prevailed. At the memorable trial, which featured the flamboyant F. Lee Bailey as one Norvell's attorneys, he was acquitted

Norvell will lie in state at the Capitol Rotunda at noon on January 12. Speaker of the House Javier Martinez will preside. Governor Lujan Grisham, former Democratic Speakers of the House--Raymond Sanchez, Ken Martinez, and Brian Egolf--will also make remarks. A Celebration of Life is set for 2:00 PM, Saturday, January 13 at the Cathedral of St. John in Albuquerque.

David Norvell was 88.

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(c)NM POLITICS WITH JOE MONAHAN 2024