David Iglesias

The hot and heavy race for the Democratic nomination for Bernalillo County District Attorney is down to two hopefuls after progressive attorney Mathias Swonger has dropped out after his campaign was unable to gather the required number of nominating signatures.

That word comes from an operative associated with former US Attorney Damon Martinez who is now the lone challenger to DA Sam Bregman who was appointed to fill a vacancy by MLG and is now seeking election.

The position is especially high profile this cycle because of the APD scandal that saw Bregman dismissing 200 DWI cases allegedly involving officers involved in a scheme with at least one defense attorney that had them failing to appear in court so their DWI arrest cases would be dismissed in exchange for bribes paid to them and the defense lawyers. 

Bregman said judicial ethics gave him no choice but to dismiss the 200 open cases that involved the APD officers.

The dismissals are drawing fire in a state with some of the highest rates of alcohol deaths and DWI arrests in the nation. Former GOP US attorney David Iglesias is one of the more prominent legal experts now blasting the Bregman decision:

Bregman’s handling of the DWI corruption cases is unacceptable. The District Attorney controls the prosecution of a case, including letting APD leadership know when officers fail to appear in court which results in the charges being dismissed. This procedure had been common practice. D.A. Bregman’s change in practice is an egregious failure. His attempt to shift blame by characterizing these notifications as a “courtesy” is shamefully wrong.  The DA’s mission, according to their website, is: “To be relentless in holding people accountable …  [by] unwavering commitment… [to] the community.” But when cops failed to appear, Bregman didn’t even bother to notify APD. This action is a dereliction of his duty to the community. 

When Bregman was a criminal defense attorney, he had DWI cases dismissed involving one of the main APD officers currently under federal investigation. Therefore, Bregman had the ethical responsibility to recuse himself from anything to do with the 195 dismissed DWI cases. Neither he nor his office can impartially prosecute this apparent public corruption. He should have turned the matter over to the New Mexico Attorney General, where I served as a prosecutor many years ago. 

On January 2nd, the US Attorney notified Bregman of a confidential investigation and his response was to issue a press release and speak to the press about dismissing the DWI cases by blaming the FBI investigation. This action allowed the news media to connect the dots with the FBI’s lawful searches of a defense attorney’s office and three police officers’ homes. Bregman’s conduct was inexcusable and politically motivated. Albuquerque needs an ethical District Attorney. Without that non-negotiable requirement, the fox has the keys to the henhouse. 

Of course, we welcome any reaction from DA Bregman. 

Iglesias served as the United States Attorney for New Mexico between 2001-2007 and retired from the U.S. Navy JAG Corps in 2014. He has not endorsed former US Attorney Martinez.

The departure of Swonger from the DA's race will have marginal impact as he was not expected to raise much campaign funding. However, a two way race could benefit Martinz since Swonger was positioned to win some of the anti-Bregman vote.

No Republican has yet announced for the position. Filing day is March 12. No R has been elected to the post since the 90's. 

NOT JUST PROGRESSIVES

On the Monday blog we pinned the legislative failure for an increase in the alcohol tax as a means of reducing the state's nation-leading rate of alcohol deaths on the progressives. But reader Bruce Shah has an addendum:

Perhaps it is simply a coalition of $$$ that blocks everything. Did you not say earlier that there are more registered lobbyists than legislators? 

GUN BILLS

(Journal)

She didn't get the tougher gun laws she wanted but the Legislature did approve four gun safety measures and that was enough for the Governor to set up a major photo op with the kids at ABQ's West Mesa high as she signed them into law. 

Meanwhile, the chances of her calling a special session to deal with more public safety legislation is seen as slim.

This is the Home of New Mexico Politics.