Saturday, November 29, 2008

Attorney for former county manager asks that charges be dismissed based on conflict of interest

Julia M. Dendinger News-Bulletin Staff Writer; jdendinger@news-bulletin.com

An Albuquerque attorney has asked that a recent grand jury indictment of a former Valencia County manager be set aside, citing conflict of interest.

On Nov. 18, Edward L. Benavidez, attorney for former Valencia County manager Francisco Apodaca, filed a motion to set aside an indictment against Apodaca on two counts of alleged embezzlement over $250.

The motion says that it came to Benavidez's attention that the 13th Judicial District Attorney's Office may be currently representing Valencia County and handling its legal matters in the absence of an acting county attorney.

His motion goes on to say that if the district attorney's office is currently representing the county, Benavidez didn't believe that Assistant District Attorney Robert Cates advised the grand jury of the situation and, even if he did, there existed a conflict of interest. Cates presented the case to the grand jury on Nov. 13.

Randy Collins of the district attorney's office represented the county for a brief time earlier this year after former county attorney Cynthia Wimberly resigned her position at the end of March.

In June, the commission voted to hire the law firm of Nance, Pato and Stout on a contract basis to do all of the legal work required by the county.

While the county commission debated the best course of action to secure legal services for the county, it availed itself of the district attorney's office free of charge.

In a phone interview Tuesday morning, Adren Nance said the firm has taken over all of the legal work on behalf of the county. "As far as I know, the district attorney's office has not represented the county since we were hired," he said.

In June, the county discovered that in April 2008 $700 was withdrawn from a county account at an Albuquerque branch of Wells Fargo Bank. The name on the withdrawal slip was that of former county manager Francisco Apodaca.

A second unauthorized withdrawal of $250 later that month from the same bank account prompted county officials to file additional charges with the sheriff's department.

On Nov. 13, a grand jury indicted Apodaca on a fourth-degree felony, fraud over $500, and a misdemeanor, fraud over $250.

Apodaca's contract with the county was terminated on April 6, 2007. The commission fired the manager without cause, as was its option under the contract.

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