Not Guilty

In her first public appearance since the state attorney general slapped down a criminal indictment against her, New Mexico's Secretary of State Dianna Duran sat mostly stonefaced in a Santa Fe courtroom this morning.

Duran entered a not guilty plea in connection with a 64-count complaint alleging she spent more than $400,000 of campaign contributions at several casinos, after funneling the funds into her personal bank accounts.

And despite the hype on both sides of the political aisle about the case, no big names from the state's Democrat or Republican leadership showed up at the arraignment, which was sparsely attended—mainly by members of the press.

Dressed in a turquoise blouse and a black jacket, Duran expressed little emotion and remained silent during the 40-minute proceeding before Judge T Glenn Ellington, who said he wants to hold a preliminary hearing by Oct. 30 but pointed out that Duran is "presumed innocent until proven guilty."

As such, Duran, a two-term Republican who served nearly two decades in the state Senate, can still assume her role as the secretary of state, and she will still have access to state funds.

Joseph Spindle, an assistant attorney general, asked the judge to deny Duran both those privileges. But in the end, she was released on her own personal recognizance on condition that she not enter any casinos or leave the state (unless she gives the court a 72-hour notice of her departure).

She's also to refrain from the use of alcohol and drugs, and she and her immediate staff are not to talk about the case while she oversees the day-to-day duties associated with her job, Judge Ellington said.

Duran, who earns an $85,000 salary, was notified of the charges against her in late August; they range from fraud to embezzlement (after she allegedly drew on some of her campaign contributions for purposes of gambling while also also cashing personal checks that were supposed to go into her campaign contribution coffers).

Attorney General Hector Balderas didn't hold a press conference at the time of the filing and has since kept a tight lip, even amid accusations from Republicans that the charges are politically motivated. Earlier this year, Balderas and Duran jointly announced they would work together on a campaign finance task force, but they ended up sparring about Balderas' personal campaign reports instead.

Throughout the court proceeding, Erlinda Johnson, Duran's attorney, asked the judge to throw out more than a dozen of the felony counts, contending that Duran was never properly notified of the charges, but the judge denied the motion.

She also asked the judge at the outset to change the venue of the case, saying the alleged crimes did not occur in Santa Fe County, but Judge Ellington denied that motion as well.

In all, at least a half-dozen of Johnson's motions got tossed, the last among them that the preliminary hearing be set at a later date and not within the required 60 days from Tuesday's court hearing.

Johnson claimed it was only last week that she'd received the state's discovery, mounds of evidence that she called "voluminous" and would need more time to examine.

But Spindle countered that "60 days is plenty of time for any attorney" to examine the evidence, something Johnson refuted, saying the state has had more than a year to prepare its case, compared with her time frame.

The judge denied that request too.

In the meantime, the state has until Oct. 5 to file its motions, and the defense has until Oct. 15 to respond, with a final response due back by the state by Oct. 22.  A motions hearing is set for Oct. 23.

Santa Fe Reporter