Metro Courthouse indictments: Media Analysis

Written and photographed by MARK G. BRALLEY

When federal grand jury indictments alleging 26 counts of corruption in the 2004 construction of the State Metropolitan Courthouse for Bernalillo County were unsealed last month, none of the four named individual defendants were immediately arrested.

New Mexico Metropolitan Courthouse for Bernalillo County seen from the Federal District Courthouse at Lomas Blvd. and 4th Street N.W. in Albuquerque.

Their first appearance was April 12, at the Pete V. Domenici Federal District Courthouse in downtown Albuquerque.

Former Senate Pro-Tem Manny Aragon, left, and Contractor Raul Parra, center, were arraigned separately from former Metropolitan Court Administrator Toby Martinez and his wife Sandra Mata Martinez, right. The four pleaded not guilty to multiple counts of the 24-page indictmentsin the alleged kickback scheme of $4.2 million.

U.S. Marshals processed the four, obtaining their fingerprints and taking mug shots, before releasing them on their own recognizance.

Three other defendants were charged in separate charging documents: former Albuquerque Mayor Ken Schultz, left, architect Marc Schiff and electronics subcontractor Manuel Guara, have agreed to enter guilty pleas to two counts each of conspiracy and mail fraud, and to testify against the other four.

Members of the state and local media were out in force to cover the proceedings. About 20 reporters and photographers swarmed the defendants and their lawyers as they entered and exited the courthouse.

This was not the classic perp-walk, where law enforcement lead handcuffed perpetrators to jail through a gauntlet of photographers. You’ve seen the classic shots of gangsters with their coats over their heads or with their hats in front of their face.

Police often times will tip off the press as to where such staged events will take place. The perp-walk serves a symbiotic relationship for both the police and press in an effort for the public and victims to put a face to the name.

For the perpetrator however, there is the feeling that the legal concept of innocent until proven guilty is merely a myth when forced before the cameras.

The courthouse stakeout serves a like purpose. No one seemed to have a current picture of Mata Martinez

Journal Photographer Roberto E. Rosales with Investigative Reporter Mike Gallagher in front of the Federal Courthouse on April 12, when former Metropolitan Court Administrator Toby Martinez and his wife Sandra Mata Martinez, two of the four indicted defendants in the Metropolitan Courthouse case, appeared for arraignment.

There is wide disagreement among journalists as to the appropriateness of the opportunity to speak with the accused. A former Albuquerque Journal police beat reporter Steve Shoup, said that all he would ask was if the person wanted to say anything and then he would record what they said.

TV reporters, like KOB’s Shelton Dodson, are more aggressive and ask controversial and provocative questions. He asked of Aragon, how he felt at the prospect of possibly spending the rest of his life in prison. This was just after Aragon had said he was totally innocent of all charges. All Dodson got in response was a dirty look.

KOB TV’s Eyewitness News team, above, had three cameras and two reporters, shown here with the competition, KOAT TV's Rod Green, seen here on the right .

The Journal had four staffers; Scott Sandlin, the courts beat reporter, joined Gallagher, Rosales and a backup photographer. The Associated Press had two reporters, an assignment editor and photographer Jake Schoellkop present. The other outlets had a more normal complement of staffers for reporting a major story.

The media seems to be missing a point about this case. Three defendants: Schultz, Schiff and Guara, have agreed to enter guilty pleas to two counts each, conspiracy and mail fraud, in exchange for testifying against those indicted.

Their guilty pleas have not yet been accepted in court, contrary to what several outlets have reported. The pleas are conditioned, in the agreements, on their testifying consistent with the statements they have made to investigators and prosecutors.

Schultz, now a lobbyist at the state legislature, was a Democrat when he was mayor from 1985 to 1989. More recently he switched party affiliation and is now listed as a Republican.

According to a story published April 20, by Santa Fe Associated Press Bureau’s reporter Barry Massey, Schultz made a written statement through his attorney Bill Tryon, of Albuquerque. He contends his role was minor, acting only as a go-between. Schultz had been a lobbyist for the architectural firm, Design Collaborative Southwest, when they won the $83 million courthouse construction contract.

Aragon served as the City of Albuquerque’s chief trial attorney during Schultz’ term as mayor.

Though the four indicted defendants: Aragon, Raul Parra and the Martinez’ pleaded not guilty, there were two separate arraignment sessions before Federal Magistrate Alan Torgerson signaling a possible rift in a unified defense strategy. The reason was hinted at by the Martinez’ attorney, that a plea for them was not out of the question. "Any lawyer who tells you that under no circumstances is their client going to plea is lying to you,” Billy Blackburn told the assembled press.

Blackburn left the courthouse without his clients and initially bypassed the press. The Journal’s Sandlin reported that he refused to comment. The TV cameramen didn’t settle for that as they chased him down and Blackburn paused to give his quote.

The possibility of a solid defense is further undermined because three defendants already agreed to plead guilty and the Martinez’ are publicly contemplating it. The word on the press line was that there was bad blood between the Martinez’ and Aragon.

Contractor Parra, right, is seen here with his attorney, Robert Gorence, left, the former first assistant U.S. Attorney for New Mexico during the Clinton administration and former son-in-law of Sen. Domenici. He was married to Lisa Domenici. Gorence said that after a trial where Metropolitan Court judges would testify, reporters would be writing a different story.

The corruption case is at the center of the U.S. Attorney firings investigation. Both the House and Senate Judiciary committees are investigating whether the firing of eight U.S. Attorneys, announced Dec. 7 of last year, was based on political interference.

U.S. Attorneys are political appointees and serve at the pleasure of the president. Questions of why these particular individuals were asked to resign arose when it appeared that politics might have intruded on the perceived independence of the office. Several of the eight had been involved in cases that had political overtones. One of the U.S. Attorneys, Carol Lam, of San Diego, had prosecuted prominent former Republican Congressman Duke Cunningham and obtained a guilty plea to corruption charges including bribery and agreed to a 100-month sentence to federal prison.

New Mexico’s former U.S. Attorney, David Iglesias, did not release the sealed federal grand jury indictments, though the FBI had completed its initial investigation in the summer of 2006, according to press reports at the time.

During last years hotly contested race for the Congressional District 1 seat held by Republican incumbent Rep. Heather Wilson, left, and then Democrat N.M. Attorney General Patricia Madrid, center, governmental corruption and ethics were issues.

Wilson, in negative attack ads, during the campaign, attempted to link Madrid’s handling of racketeering charges against two former state treasurers, handled by federal prosecutors, as evidence of her being soft on corruption.

Wilson called Iglesias, right, asking about sealed indictments. Domenici, above right, later also called Iglesias asking about the timing of the opening of the sealed indictments, whether they would be released before November, apparently referring to prior to the election. Both denied pressuring Iglesias. The former prosecutor testified before two congressional committees that he felt pressured by the calls from those whom he described as political allies.

The congressional probes have focused on the communications of Wilson and Domenici with Iglesias. Further, is the question of whether the U.S. Attorneys were removed for failing to engage in politically motivated prosecution against rivals and for not engaging on prosecution of Republican cronies? The investigation has revealed that Domenici and other New Mexico Republicans used political channels to the JusticeDepartment and directly to the White House seeking Iglesias removal.

An informal ethics investigation has been opened into Domenici’s activities and he has hired a high profile attorney, K. Lee Blalack II, who was Cunningham's lawyer. The House has not opened an investigation of Wilson, lacking the required complaint from a fellow representative.

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