New Mexico AG Raul Torrez Declines to Prosecute NCSWA Perjury CasesDA Seeks Appointment of Predecessor as Special Prosecutor

By Jake Arnold
 
First Judicial District Attorney Mary Carmack-Altwies this week renewed her request to District Judge Matthew Wilson for appointment of a special prosecutor in the perjury cases against current Rio Arriba County Board of Commissioners Chair Alex Naranjo and former County Manager Tomás Campos.
 
Both defendants are facing indictments handed up in May by a special grand jury that investigated allegations of corruption/criminal conduct on the part of employees and board members of the beleaguered North Central Solid Waster Authority, (NCSWA) a joint-powers governmental entity created by the county, the City of Española and other units of local government.  Both Naranjo and Campos served on the NCSWA during Naranjo's previous tenue as a county commissioner and Campos' service as county manager.
 
The indictments do not recount any such criminal activity as NCSWA officials, but rather charge both defendants with lying in their respective testimonies related to their knowledge of possible wrongdoing within the NCSWA when they were board members.  The special investigative grand jury was convened pursuit to a citizen petition circulated by Antonio (Ike) DeVargas, a former county official, a longtime critic of Naranjo and numerous other county officials.  DeVargas began his petition-gathering efforts in 2019, when Marco Serna was DA.
 
Carmack-Altweis had filed a notice with the court requesting that either the AG take over prosecution of the perjury cases or that a special prosecutor be assigned to the case.  The DA stated in her initial request of early August (and reiterated in her filing this week) that the relations between her office, DeVargas, and the special grand jury members was so contentious  that the DA could not continue to prosecute these cases. 
 
Carmack-Altweis also identifies a conflict prohibiting her continued involvement in these cases since one of her prosecutors, Douglas Woods, is likely to be a to be a witness in these perjury cases both scheduled for trial in early May, 2024, just a month before next year's primary elections.

In her renewed request, the DA revealed that AG Raul Torrez had declined to take over the case.  Consequently, the DA is asking Judge Wilson to appoint a special prosecutor and recommends that her predecessor, former DA Marco Serna receive that appointment. 
 
The special grand jury, in their report to the court, recommended that additional investigation into what they perceived likely to be internal NCSWA criminal conduct continue since they could not complete such a task before their statutory term of authority to do so ended.   It is unclear if an appointed special prosecutor in the Naranjo/Campos perjury cases would also pursue the perceived internal criminal NCSWA conduct suggest in in the special grand jury report.
 
Serna returned to private practice after choosing not to seek re-election as DA  in 2020 and losing a bid for a congressional seat in the Democratic primary that same year. Later, Serna accepted a position with the statewide NM District Attorney's Association (NMDDA), which is effectively an adjunct agency affiliated with the AODA.  In that role, Serna serves as an auxiliary prosecutor/special prosecutor on behalf of local DAs who may need specialized assistance provided by those agencies. 

Carmack-Altwies has indicated if she will seek reelection as DA next year.
 
Serna recently hinted that he might run for First District Attorney (the position his successor, Carmack-Altweis now holds) again in 2024.  The First District includes Rio Arriba, Santa Fe and Los Alamos Counties.   

A story earlier this month by courts reporter Phaedra Haywood of the Santa Fe New Mexican stated:
 
"... (Serna) said in a phone interview supporters have approached him about again seeking the post.  “It’s humbling,” Serna said. “I have not made any decisions, but if people want to continue to speak to me about it, I’m not going to deny them that. I’m considering all opportunities at this point. ... It’s a big decision, one I won’t take lightly.”

In her letter to Judge Wilson, Carmack-Altweis identifies Serna as a special prosecutor (in his role with the AODA/NMDDA, with a relatively light case load, thereby allowing him to prosecute the perjury cases. Carmack-Altweis also proposes that Serna is familiar with the continuing efforts by DeVargas to have a special grand just convened since Serna was DA in 2019 when DeVargas initiated his petition-gathering.  

Carmack-Altwies asked Judge Wilson to hold a hearing re: her request. The judge has not yet set a hearing date.