The attorney for former state Treasurer Robert Vigil has asked a federal judge to transfer Vigil's corruption trial out of state because his client can't get a fair trial in New Mexico.
Attorney Sam Bregman said in a motion filed Thursday that the Vigil case has become an issue in the congressional race between Democratic challenger Patricia Madrid, who is the current attorney general, and Republican incumbent Rep. Heather Wilson.
Federal criminal cases can be transferred to another district if a judge determines the prejudice against a defendant is so great that a fair trial is not possible.
Vigil was indicted in September 2005 on charges of operating a kickback scheme in exchange for state investment contracts. Vigil's first trial ended in a hung jury, but a retrial is scheduled to begin Sept. 5 before U.S. District Judge James O. Browning.
Bregman said questionnaires mailed to prospective jurors found that 73% of prospective jurors had seen media reports about Vigil. More than a third of those who reported hearing about the case said they have already formed an opinion, and almost all believe Vigil is guilty.
Vigil has pleaded not guilty to the latest amended federal complaint.
