Atty General: No bribery, intimidation charges against Brandenburg

Attorney General Hector Balderas announced Thursday morning that District Attorney Kari Brandenburg will not face bribery and intimidation charges referred to his office by the Albuquerque Police Department. A letter to APD chief Gorden Eden outlined the reasoning and also dinged both the police department and Brandenburg for how the situation was handled. In a […]

Atty General: No bribery, intimidation charges against Brandenburg

Attorney General Hector Balderas announced Thursday morning that District Attorney Kari Brandenburg will not face bribery and intimidation charges referred to his office by the Albuquerque Police Department.

District Attorney Kari Brandenburg
District Attorney Kari Brandenburg

A letter to APD chief Gorden Eden outlined the reasoning and also dinged both the police department and Brandenburg for how the situation was handled.

In a release, the AG said there is “insufficient evidence” that any crime took place.

“This conclusion was based on APD case materials, and additional evidence gathered by my office during its expanded, independent investigation,” Balderas said in his statement. “While we did not find sufficient evidence of criminal conduct, there were identifiable leadership failures to which both agencies can take immediate corrective action and begin to re-focus on serving the people of Albuquerque and Bernalillo County.”

APD referred a case to Balderas’ office that Brandenburg bribed and intimidated victims of alleged crimes involving her son, Justin Koch. Brandenburg denied the allegations in a press conference late last year.

New Mexico Political Report has contacted both Brandenburg and the Albuquerque Police Department for a response to the decision and criticisms from Balderas. This piece will be updated with any response received.

Political timing by APD, appearance of impropriety by Brandenburg

Much of the letter from Balderas was devoted to the reasoning in the case, however there were portions that criticized actions taken by APD and Brandenburg.

The letter says the Brandenburg case appeared to be delayed for political reasons involving Brandenburg’s decision to pursue murder charges against APD officers Keith Sandy and Dominique Perez.

“APD’s own analysis of the evidence in this matter leads us to conclude that the decision to delay was based on political reasons unrelated to the alleged conduct of Koch or Brandenburg,” the letter states.

APD finished the investigation into the alleged wrongdoing by Brandenburg in late July of 2014. However, the case was referred to the Attorney General’s office “soon after Brandenburg notified the lawyers for Keith Sandy and Dominique Perez that she was going to charge their clients with an open count of murder in October of 2014.” A report by Detective David Nix was turned over to the Attorney General on November 25, 2014.

Brandenburg’s actions were also criticized in the letter.

Upon learning of a criminal investigation involving her son within her jurisdiction, District Attorney Brandenburg should have immediately arranged for a special prosecutor and refrained from personally engaging potential witnesses and alleged victims in this matter involving her son. She also should have notified the Albuquerque Police Department that she was aware of the investigation, and that she had made arrangements for a special prosecutor.

The letter says that “her conduct did not rise to the level of being criminal” but her actions “clearly created an appearance of impropriety.”

No evidence of bribery or intimidation

One case involved an allegedly stolen gun.

From Balderas’ letter:

There was no evidence presented that Brandenburg intimidated or threatened Andrew or Victoria Baros or gave or offered to give anything of value to Andrew or Victoria Baros with the intent to keep either person from truthfully reporting to a law enforcement officer, or any agency of government that is responsible for enforcing criminal laws, information relating to the commission or possible commission of a felony offense. There was no evidence presented that Brandenburg intimidated or threatened either Andrew or Victoria Baros.

After the alleged larceny, an $800 reimbursement check was sent to Andrew Baros, “from Koch’s trust account.” Despite “something of value” being given to the couple, Balderas says there was no evidence that the payment was made with the intention of stopping the couple from reporting the crime.

“In fact, by the time Andrew Baros first communicated with Brandenburg, Victoria Baros had already called the police and named Koch as the only suspect,” the letter says.

Brandenburg did tell Baros that she wanted to keep her son out of jail, but the letter noted it was five days after the payment.

Another case involved an alleged burglary in June of 2013. Brandenburg communicated with Ryan Sena through Facebook and asked Sena to let her know the value of the stolen items.

“It appears that Sena and [Shane] Anaya submitted a list of items to Brandenburg because they wanted to get reimbursed, not because they were threatened or intimidated to do so,” the letter says.

Sena says that Brandenburg “contacted him from a blocked number” and said she would reimburse him for the stolen items if he did not go to police. Balderas’ investigators were unable to find any evidence to confirm that this took place and found some evidence that contradicted the claim by Sena and Anaya.

Read the full letter below.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Politics Newsletter: Special Session recap

Politics Newsletter: Special Session recap

Hello fellow political junkies! Gov. Michelle Lujan Grisham called a special session on July 18 to tackle public safety issues ranging from criminal competency…
Legislators pass disaster assistance funding, end special session quickly

Legislators pass disaster assistance funding, end special session quickly

The two issues passed were only a fraction of what Gov. Michelle Lujan Grisham had on her special session agenda.
House votes to pass bill for fire relief, behavioral health treatments

House votes to pass bill for fire relief, behavioral health treatments

The House voted overwhelmingly to pass HB 1, the appropriations bill that provides funding for the special session, fire relief and behavioral health court…
PRC approves NM Gas Co. rate increase agreement

PRC approves NM Gas Co. rate increase agreement

The New Mexico Public Regulation Commission approved a stipulated agreement which is expected to result in a rate increase for customers.  The stipulated agreement…
12 tribes and pueblos in New Mexico could benefit from pending water rights settlements

12 tribes and pueblos in New Mexico could benefit from pending water rights settlements

For generations, the Zuni people were able to grow food in the New Mexico desert through what Pueblo of Zuni Gov. Arden Kucate described…

Climate change is bringing more deadly heat to New Mexico

Heat-related deaths and illnesses are increasing in New Mexico, as the state has experienced greater increases in temperature than many other parts of the…
Early childhood summit convened to discuss future of program

Early childhood summit convened to discuss future of program

About 200 people from tribal governors to legislators to advocates and teachers gathered at Bishop’s Lodge to discuss Early Childhood Education’s future in New…
Stansbury outlines funding secured for early childhood and youth services programs

Stansbury outlines funding secured for early childhood and youth services programs

U.S. Rep. Melanie Stansbury secured $8.3 million for childhood development and youth services in the 1st congressional district through federal community project funding. Stansbury,…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Some mental health issues on the rise in New Mexico

Some mental health issues on the rise in New Mexico

A recent report by KFF, a foundation that provides health policy analysis, found mental health issues on the rise and disparities in mental health…
Heinrich questions FDA leadership on baby formula safety, mifepristone

Heinrich questions FDA leadership on baby formula safety, mifepristone

U.S. Food and Drug Administration Commissioner Dr. Robert Califf answered questions about the safety of human milk formula and mifepristone on Wednesday. Sen. Martin…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Harris could excite Democratic voters on reproductive health

Harris could excite Democratic voters on reproductive health

Data indicates Vice President Kamala Harris could excite the Democratic base around the issue of abortion in a way that President Joe Biden struggled…
Reproductive rights groups endorse Vice President Kamala Harris for president

Reproductive rights groups endorse Vice President Kamala Harris for president

Vice President Kamala Harris, who announced on Sunday her intention to replace President Joe Biden as the presidential Democratic nominee, received immediate support from…
Heinrich files amendment to protect reproductive rights for the military

Heinrich files amendment to protect reproductive rights for the military

U.S. Sen. Martin Heinrich filed an amendment on Tuesday to codify a rule protecting veteran access to abortion in the case of rape, incest…
Supreme Court upends environmental and reproductive rights protections

Supreme Court upends environmental and reproductive rights protections

Two years after the U.S. Supreme Court overturned Roe v. Wade, the high court overturned another long-standing precedent on Friday that could undue both…
Supreme Court dismisses abortion case, advocates say it keeps legal questions open

Supreme Court dismisses abortion case, advocates say it keeps legal questions open

The Supreme Court punted on Thursday on a second abortion decision it heard this term, leaving open the question of whether a federal law…
Biden will protect reproductive access, Health Secretary says during a multi-state reproductive access tour 

Biden will protect reproductive access, Health Secretary says during a multi-state reproductive access tour 

U.S. Health and Human Services Secretary Xavier Becerra said at a Planned Parenthood space for LGBTQ youth in Albuquerque that if President Joe Biden…
Harris could excite Democratic voters on reproductive health

Harris could excite Democratic voters on reproductive health

Data indicates Vice President Kamala Harris could excite the Democratic base around the issue of abortion in a way that President Joe Biden struggled…
Reproductive rights groups endorse Vice President Kamala Harris for president

Reproductive rights groups endorse Vice President Kamala Harris for president

Vice President Kamala Harris, who announced on Sunday her intention to replace President Joe Biden as the presidential Democratic nominee, received immediate support from…
Talking to NM Democratic delegates after Biden leaves race, endorses Harris

Talking to NM Democratic delegates after Biden leaves race, endorses Harris

President Joe Biden ended his re-election campaign on Sunday leaving questions about what happens to the ballot now. Rules were already in place for…
MLG public safety town hall draws crowd

MLG public safety town hall draws crowd

Gov. Michelle Lujan Grisham held the first of three planned public safety town hall meetings in Las Cruces on Thursday to promote her special…
Harris could excite Democratic voters on reproductive health

Harris could excite Democratic voters on reproductive health

Data indicates Vice President Kamala Harris could excite the Democratic base around the issue of abortion in a way that President Joe Biden struggled…
Reproductive rights groups endorse Vice President Kamala Harris for president

Reproductive rights groups endorse Vice President Kamala Harris for president

Vice President Kamala Harris, who announced on Sunday her intention to replace President Joe Biden as the presidential Democratic nominee, received immediate support from…

GET INVOLVED

© 2023 New Mexico Political Report