----- Original Message -----
From: Dr. Guttman
To: william h payne
Sent: Sunday, April 17, 2005 10:08 AM
Subject:
Albuquerque Journal
Please look at Albuquerque Journal per Article
about complaint to Judicial Statndards involving Donation to New Mexico Court
of Appeals Candidate written by Mike gallagher, Please put on Web-Site. Stuart

Donation Prompts Judicial
Complaint
from PAGE Al
show 4700 LLC has six board members - Frank M. Zanzucchi,
Patrick H. Zanzucchi, William Vincent Zanzucchi, Robert Matthew Zanzucchi,
James L. Zanzucchi, and Timothy E. Zanzucchi, The records did not include the
company's mission.
Family members control other companies that operate
topless nightclubs in Arizona and New Mexico.
Patrick and Robert Zanzucchi were convicted of drug
trafficking in the 1980s, and Patrick was involved in the shooting of an
undercover officer in Tucson after he got out of prison. Authorities ruled that
he acted in self- defense, but he was sent back to prison for a weapons-related
parole violation.
Vigil said he followed the law that prohibits judicial
candidates from soliciting campaign contributions and points out that the
contribution is perfectly legal. contribution.
The Zanzucchis and their attorney didn't return phone
calls.
Meanwhile, the state Republican Party, which blasted the
contribution last fall, has filed a formal complaint with the Judicial
Standards Commission.
"The Republican Party realizes that it is not illegal for
Judge Vigil to accept campaign contributions from convicted criminals," the
complaint said. "We do question, however, why Judge Vigil received a $4,000
contributions from an Arizona family with such strong ties to the underworld of
drug dealing and a police killing."
'I followed the law'
Vigil, in a telephone interview, said that, until
Republicans raised the issue, "I didn't know who had contributed to my
campaign. I followed the law."
Judges are prohibited from personal. ly soliciting
campaign donations. Campaign committees do the fund raising.
Greg Graves, who resigned earlier last week as executive
director of the state GOP to pursue political consulting, filed the complaint
and is named as the complainant.
Graves said judicial candidates know who contributes.
"The current law is bogus," he said "The law allows the
trial lawyers to control who the judges are."
"Be honest about it," Graves said. "That's what happens
now. Everyone just winks and looks the other way. We need to be honest about it
and the public has to know who really is contributing to judicial candidates."
State Democratic Party Chairman John Wertheim said the
complaint is "a remarkably desperate political attack. They're playing a
dangerous game of chicken with the public's confidence in the judiciary."
The largest contributor to Vigil's Republican opponent,
Paul Barber, was the American Tort Reform Association of Washington, D.C.,
which contributed $15,000.
The association supports limits on punitive damages,
product liability and other changes to cap jury awards in civil cases. The
association, in its 2004 Judicial Hellholes awards, gave the New Mexico
appellate courts a dishonorable mention.
There was an unsuccessful effort in this year's New Mexico
Legislature to provide public funding for statewide judicial races.
Sen. Dede Feldman, D-Albuquerque, and Rep. Kenneth
Martinez, D-Grants, introduced the legislation.
"These races are getting too expensive," Feldman said.
"It's costing hundreds of thousands of dollars."
The proposal would have required candidates to raise up to
$15,000 in "seed money" from individuals in small amounts, and, if they met
certain conditions, they would be eligible for up to $100,000 in state campaign
funds in contested statewide judicial elections.
The law would also have limited contributions from state
political parties.
Feldman said she was concerned that large contributions
for state judicial races were coming from out-of-state groups.
After passing their own chambers. Feldman's bill died in
the House and Martinez's bill was on the Senate calendar, but was not voted on
when the legislature adjourned.
Run by Democrats
Some see the Republican Party coin plaint as another step
in the effort to make inroads into a judiciary dominated by Democrats.
Democrats have controlled the New Mexico Supreme Court and
Court of Appeals for 70 years.
There are two Republicans on the 10 member Court of
Appeals and none or the state Supreme Court.
Nationally, Republicans have succeeded in states like
Alabama and Mississippi in challenging what had been considered safe judgeships
for the Democratic Party.
Brian Sanderoff, president of Research and Polling Inc.,
said Republicans traditionally have a difficult time winning lower-profile
statewide races in New Mexico because there are more registered Democrats than
Republicans.
"When people don't have a lot of information about a race,
they tend to fall back on party registration," Sanderoff said. "That's what
makes it so difficult for Republicans in these lower-profile races like court
of appeals, secretary of state or state treasurer."
"Filing a complaint like this demonstrates they have added
some new tactics to change the status quo," he said.
Michael F, Hart, president of the New Mexico Trial Lawyers
Association, said it is a fallacy that trial lawyers care if a judge is a
Democrat or Republican.
"Believe it or not, all good lawyers want are good, smart
judges," Hart said.
He noted that there have been Republican judges who have
received bipartisan support from trial lawyers, including Court of Appeals
Judge Roderick Kennedy and District Judge Denise Barela Shepard of Albuquerque.
Inapproprite forum
Vigil was reluctant to discuss the complaint after it had
been filed.
"A newspaper isn't the appropriate forum to discuss this
now that it's before the Judicial Standards Commission," he said.
In an interview before the filing, Vigil said that, when he
looked into the contributors, he found their convictions were more than 16
years old.
"They have a perfect right to contribute to anyone they
want to," Vigil said. "I never met them and didn't know who they were. My
understanding is they own nightclubs."
According to filings with the Secretary of State, Vigil
raised more than $250,000 for his campaign, but about half of that was in loans
he made to his campaign.
All of the money was reported spent, much of it for
television advertising.
Barber raised just over $30,000.
Besides personal loans to his campaign, Vigil's biggest
financial supporters were members of the Maloof family. The family, which owns
the state's largest liquor distributorship, a Las Vegas, Nev., casino and the
Sacramento Kings basketball franchise, contribute $30,000 to Vigil's campaign.
Another large contributor was Yanni's restaurant in
Albuquerque, owned by Nick Kapnison, who was convicted of federal bank fraud in
the 1980s. Campaign finance reports list a $10,000 contribution from Yanni's.
Kapnison's civil rights were reinstated by Repubilcan Gov. Gary Johnson.
Barber's other large contribution was $5,000 from Yates
Petroleum Corporation of Artesia. Members of the Yate family are longtime
Republican Part supporters.
Frank Zanzucchi also contribute $500 to the national
Republican party.
Served prison time
According to Arizona news reports Patrick and Robert
Zanzucchi were convicted in federal court of being part northern Arizona
cocaine network in 1986. Each served a minimum of seven years in federal
prison.
According to news reports, Patrick Zanzucchi was later
involved in the 1996 shooting death of off-duty Tucson police officer Gabriel
Abendano.
Abendano was an undercover officer who had once
investigated a topless bar in Tucson where Zanzucchi worked.
Police found that Zanzucchi shot Abendano in self-defense
after being confronted by the pistol-wielding officer, who was wearing a ski
mask at night outside the home of a Zanzucchi business associate. The two men
reportedly exchanged gunfire.
According to press reports at the time, Abendano was
off-duty, wearing dark clothing, a bullet-proof vest and carrying a gun that
hadn't been issued by the police department.
Abendano's shoes were wrapped in duct tape and the license
plate had been removed from his unmarked police car.
According to press reports, Zanzucci's federal parole was
revoked for carrying a pistol and he served an addional five months in prison.
Patrick Zanzucchi could not be reached for comment.
Neither of the two brothers with felony convictions are
listed as officers or directors of the topless bars, according to state liquor
license records in Arizona and New Mexico.
New Mexico liquor records show that Frank, Timothy, James
and Vincent Zanzucchi lease the liquor license and building for TD's Showclub,
6001 Brentwood Lane NE.
Albuquerque Tribune April 17, 2005