On the Rocks

And once again, Griego is claiming ignorance rather than purposeful misconduct.

Griego admits he allowed two men to excavate 8.8 cubic yards of rocks worth an estimated $5,000 from the state trust land last October to slow ditch erosion on private property in nearby Pecos, in exchange for using some of the rocks to block access to the dump ground, which archeologists consider to be a culturally rich area because of its connection to the historic Santa Fe Trail.

While he never applied for a state permit or sought prior approval to allow the men to remove the rocks, Griego insists that he never intended to sell them.

"There was no exchange of money," he tells SFR during a telephone interview. "If I had known I had to ask permission, then I would have done that."

But Griego's story contradicts information uncovered by SFR in an agency report marked "private and confidential," provided to the newspaper through a public records request.

Emily Strickler, the State Land Office's assistant commissioner for communications, says field division employees at the agency, including Compliance Officer Kenny Baca, who prepared the "San Jose Rock Theft/Illegal Dumping" investigative report, believe the rocks were being moved off the lease "in order to sell them."

"They were never sold because the state police and the SLO became involved and halted it," says Strickler.

Baca's report reveals that Griego, who first identified himself as "Senator Griego" when they contacted him months after he resigned, claimed he "never intended to violate the terms of his lease." But Griego, who eventually clarified to Baca that he is a retired senator, asked the investigator what the potential repercussions could be from the removal of the rocks.

Ultimately, Griego and the men could face civil penalties or criminal charges. SFR has confirmed state police referred the matter to the 4th Judicial District Attorney's office, but Chief Deputy Prosecutor Thomas Clayton says the incident is still under review and no charges have been filed.

State law prohibits individuals from soliciting, employing or counseling others to excavate, injure or destroy cultural property on state land without a permit.

Since violations could be deemed to be misdemeanor offenses punishable with up to a six-month jail sentence and a $500 fine, the State Land Office advises lessees like Griego to "always exercise due caution to ensure that cultural properties are not inadvertently" damaged by others.

Griego, who claims he hasn't read the terms of the lease in years, and the other men could also face depredation charges for destroying or injuring trees on the property.

The entire incident has some San Jose residents upset. One woman, who did not want to be identified because she says she fears retaliation, tells SFR, "Griego does whatever he wants and then tries to talk his way out of these things when he gets caught." She's also worried about flooding and mudslides now that the rocks are no longer shoring up the base of a hill that holds the community's water tower.

The person who anonymously tipped off authorities last fall told field division inspectors and New Mexico State Police officers that allowing the removal of the rocks "wasn't right."

Griego's perpetual lease, which is set to be reopened in 2018, could be in jeopardy. Before it's yanked, he and his attorney Robert Stranahan, who was employed as general counsel for the land office during Pat Lyons' administration, have the opportunity to discuss the matter with agency staff this week.

After meeting with Griego earlier in November, Land Commissioner Aubrey Dunn told him he wants him to pay restitution for the rocks, which haven't all been accounted for, fence the property and clean up the dump site, where investigators found abandoned vehicles, a school bus and an open septic tank. Griego contends the land is community property, but land office staff say maps show it is on state trust land.

For now, David Eck, a state archaeologist, has recommended Griego be instructed to contract an archaeological damage assessment survey to determine the level of damage to the site. Griego has requested and posted "No Trespassing" signs from the State Land Office.

Meanwhile, Griego tells SFR that he has no plans to campaign for his old Senate seat this year.

He voluntarily gave up the post in March 2015 as his colleagues in the Legislature reportedly prepared to vote on kicking him out over his role in the real estate sale of a historic state building to business associates in Santa Fe and in pushing through the resolution that allowed the building to be put up for sale in the first place.

Greigo avoided an expulsion vote by resigning, and he is collecting a pension because he wasn't charged or convicted in the matter.

That affair might not be over yet. A spokesman for New Mexico Attorney General Hector Balderas says staff attorneys are still reviewing potential violations of the Open Meetings Act in connection with Griego's 2014 real estate deal and potential perjury charges, after Griego failed to disclose his representation of Santa Fe hoteliers Ira and Sharif Seret with the New Mexico Energy, Minerals and Natural Resources Department on his 2015 financial disclosure form.

"We will inform the public of the disposition of this referral once that determination has been made. All complaints received by the Office of the Attorney General are fully reviewed, and appropriate action is taken," spokesman James Hallinan wrote. Editor's note: In an earlier version we misspelled the last names of Griego's attorney and the assistant commissioner for communications. 

Santa Fe Reporter