Attorney plans to subpoena Governor Martinez
Posted at: 07/16/2012 8:05 PM
| Updated at: 07/16/2012 9:09 PM
By: Peter St. Cyr, KOB Eyewitness News 4
The attorney representing a fired state corrections department employee said he plans to subpoena Governor Susana Martinez to testify at Larry Flynn's wrongful termination hearing.
Attorney Sam Bregman said he learned Sunday that Martinez's Deputy Chief of Staff Ryan Cangiolosi used a personal Yahoo e-mail account to forward a secret New Mexico State Police background report on Flynn to the governor's personal campaign e-mail account.
The governor's staff said the report, which was written by Crime Analysis Unit investigator Rosa E. Manning and sent to State Police Chief Robert Schilling, was requested after they found out Flynn was living with then Correction Secretary Lupe Martinez on state prison grounds south of Santa Fe.
Manning's report includes information about Flynn's car registrations, foreclosure, bankruptcy, and links to his social media accounts. Manning also included links to press stories on Flynn and his girlfriend.
Bregman said he does not think it is appropriate for the governor to target classified employees with secret investigations conducted by the state police.
"It appears she's acting almost Nixonian," Bregman said. "Quite frankly getting state police to do an investigation on a classified employee and then using private emails to disseminate it. It's very scary."
After the report surfaced, Administrative Judge Leonard Padilla delayed Flynn's hearing. Last week, he denied the governor's claim of executive privilege and ordered Chief of Staff Keith Gardner to answer Bregman's question regarding his clients termination.
The governor's staff said the police report isn't unusual.
"The governor is briefed on all sorts of situations, particularly when an employee is discovered to be improperly living in state housing with a cabinet secretary on prison grounds, after having just recently discharged a firearm under unusual circumstances while being investigated for allegations of time card fraud," wrote Martinez Spokesman Scott Darnell in an e-mail to KOB Eyewitness News 4.
Bregman said all criminal charges against Flynn have been dismissed.