Dianna Duran’s attorney asks for more time before preliminary hearing; AG’s Office asks judge to say no

The New Mexico Attorney General’s Office responded Wednesday to a motion filed Tuesday by Secretary of State Dianna Duran’s attorney, Erlinda Johnson, that asked a judge to extend deadlines for discovery in the case and to push back a preliminary hearing for Duran.

The response from the AG’s Office Wednesday asks the First Judicial District judge presiding over the case to deny Johnson’s motion for many reasons.

The motion, signed by Assistant Attorneys General Clara Moran, Joseph M. Spindle and Zachary Jones, says Duran and her attorney have not shown good cause for an extension of time for discovery and that Duran’s argument that Johnson does not have time to prepare for the preliminary hearing is invalid according to law.

Duran and Johnson’s motion for more time says “discovery is voluminous and partially outstanding, [Johnson] has a working legal practice in addition to representing Duran, and [Johnson] needs more time to establish a meaningful attorney-client relationship with Duran,” according to the AG’s Office’s response.

The AG’s Office argues that Johnson framed her request for further discovery and an independent investigation “as though she is preparing for trial, rather than a preliminary hearing.”

In Duran’s case, the preliminary hearing will determine whether there is probable cause to proceed to trial.

She is charged with 64 counts, including fraud and embezzlement, in a criminal information filed by Attorney General Hector Balderas that alleges she used campaign contributions to help pay off gambling debts.

New Mexico law appears to agree with the AG’s Office in its response that Johnson should not be allowed more time for discovery, saying the right to discovery before a preliminary hearing “is limited to what is available and in the prosecutor’s immediate possession.”

The AG’s Office argues that Johnson appears to be preparing for trial rather than a preliminary hearing.

Johnson brought the issues up at Duran’s Sept. 15 arraignment, at which she pleaded not guilty to the charges.

“They’ve had over a year to prepare,” defense lawyer Erlinda Johnson complained about the prosecution. “Obviously they were prepared. I just received this discovery last week – talk about an ambush! I would respectfully request, Your Honor, that the court would extend the deadline.”

“60 days is plenty of time for any attorney to become adequately advised as to what the allegations are,” said assistant Attorney General Joe Spindle at the arraignment. “We think that there is no reason to extend it further out than that.”

The judge agreed with the prosecution that day, saying the preliminary hearing should be held within 45 days, to be completed by the end of the first week in December. Prosecutors said they will need about a week to present the case against the Secretary of State. Johnson said it was too early for the defense to provide an estimate for how much time they will need.

Duran was finally back at work Tuesday and spoke with KOB, saying her office is busy preparing for upcoming elections.