(('" )

GORENCE & OLIVEROS, P.C.

20/ /2/11 Street Nf.-V

Albuquerque, New JVfexico 87/02

(505) 244-02/4 Fax (505) 244-0888

RonliRT J. GOt!.ENcg
LOUt!.EII OLIVEROS
,VLIRJE LEGfl.Ai'lD

January 21,2009

Via FacsiJni!t! - 222-9009

Ann Bad\.vay
Assistant Attorney General
Attorney General's Office
II! Lomas Blvd., NW, Suite 300
Albuquerque, NM 87102

Re: Rebecca Vigil-Giron

Dear Ms.Badway:

I am in receipt of Y0Ll!" January 17, 2009 letIer which purportedly memorializes our telephone
conversation of Friday, January [6,2009. After reading your letter, I believe we mutually endured
in that conversation a failure to communicate "Cool Hand Luke" moment. To t-efresh your
recollection, [called you in an attempt to obtain information about the factual basis for the amended
target letter that has been sent to Ms. Vigil-Giron. You were not in, but called me back with ML
Lackmann on the line. 1proceeded to inform you that I \.I/as at a loss as [0 the factual basis for the
ta:'get letter notwithstanding your assertion that my "client is well aware of the basis for this
prosecution," My inquiry over the telephone, and what 1communicated in my January 9, 2009 letter
was straightforward: What is the evidence of any money or any other thing of value being
impermissibly transferred from Mr. Guiterrez to Ms. Vigil-Giron? As you are aware, kickback or
bribery cases are uSll:lliy substantiated by proof that a public official received money, or some
tangible thing ofpersol1al value, in exchange for the discharge of public responsibilities. I'vly review
of the evidence reveals that thel'e was no, a single penny or any other benefit that flowed from Mr.
Gui:erTez to Ms, Vigil·Giron, [n response to my inquiry. M:', Lnckmar.n was highly condescending
by reading me portions of New Mexico state statutes. He then added that the benefit to my client
was "in the Commission report and it was valued at $22 million by Ms. Vigil-Giron." As you
certainiy know from r~ading the repol"t, that was one estimate of the value oftlle HAVA (The Help
America Vote Act) advertising provided to the citizens of New Mexico that \.\l2S mandated by a
federalla·vv. You are also aware that the actual cost orthe voter education component of the HA VA
contract was approximately 6.2 million clotlai·s. hom that came a myriad of identifiable services
effectuated in the effort to edllcZlte New Mexico voters. Indeed, Ms, Vigi!~Gii'on received no
Ann Badway
Attorney General's Office
January 21, 2009
Page 2

personal benefit other than the fulfillment of her responsibilities as the Secretary of State by
spending the funds directed by HAVA for the purpose ofeducating New Mexico voters. If federal
funds had been misappropriated by Ms. Vigil-Giron, I am confident that the United States
Attorney's Office would pmsecute the matter under 18 U.S.c. 666.

Despite my plea that you share information concerning what is the basis for a kickback or bribe, it
appears that the Attorney General will now embark on some novel theory regarding the value of
federally required advertising as constituting some fm!1l of bribe or kickback. I am can fident that
this absurd theory will fail both factually and legally. [communicated to you, as [ will to Attorney
General King, that as· an elected official the people of New Mexico hold him accountable for
faithfully executing the laws of our state. Going off on a wild goose chase with a completely
preposterous theory should have consequences because of that accountability. That is not a threat
nor am I trying to derail a "productive dialogue for resolution of this case." [nstead, this is the
reality of what we expect of pub lic officials. Much !lice the Duke University LaCrosse pmsecution,
there must be accountability consequences for a woefully misbegotten proseclItion.

I have requested the Attorney General, and you have refused, to disclose the evidence which
purportedly suppmts the target letter so that a meaningful exculpatory presentation can be made to
avoid this train wreck. If! have missed something with regard to your theory ofa brLbe or kickback,
I continue to request that you inform me of what Lt is because I continue to remain clueless. After
that in formation has been pmv ided, and we understand the nature of the a llegations, I wi 11 most
certaLn Iy provide yOLl with an exculpatory package of information. [fyou continue to keep us in the
dark about the factual b2.sis for the allegations of a most novel theol"y, I wi Ii not engage in a game
of pinata. I look forward to Attorney General King's response.

RJG/llh

cc: Attorney General Gary King

Ms. Rebecca Vigil-Giron
Jason Bowles, Esq.
Miles Hanisee, Esq.
Hank ral':'ah, Esq.

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