Created: November 07, 2019 10:15 PM
ALBUQUERQUE, N.M.- A judge threw out the case against former New Mexico sheriff and current judge Heath White.
But prosecutors plan on forging ahead.
White was charged with embezzlement and fraud. But District Court Judge Charles Brown threw out the case. He said there was no probable cause.
“This case will not go forward with my name on it,” Judge Brown said at the hearing.
However, the attorney general filed a motion that asks the judge to reconsider suppressing some evidence and recusing himself.
Prosecutors don't believe Judge Brown can be impartial.
“The court indicated the case would be decided based on the court's personal moral standard rather than a legal standard," the motion reads.
White's attorney, Sam Bregman, disagrees.
“The state is now fully aware that this case was filed without merit and is resulting to shenanigans in an attempt to have a case persevere that should never have been brought in the first place,” Bregman stated.
Judge Brown has not responded to the state's motion to reconsider.
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