Judge dismisses 2 counts against former state tax secretary
SANTA FE, N.M. (AP) — A New Mexico judge has dismissed two of three remaining criminal charges against former state Tax Secretary Demesia Padilla but prosecutors say those charges will be refiled in another court.
District Judge Mary Marlowe Sommer on Friday ruled that prosecutors didn't provide evidence that alleged acts underlying an embezzlement charge and another count occurred in the judicial district that includes Santa Fe County.
Attorney general's spokesman David Carl later said prosecutors will refile the two dismissed charges in another district.
The ruling leaves Padilla on track to face trial in Santa Fe on a felony charge of engaging in an official act for personal financial gain.
Sommer previously dismissed five misdemeanor ethics counts against Padilla.
Sommer also Friday ruled that Padilla's lawyers could inspect recording devices used by investigators.