Albuquerque Journal from Albuquerque, New Mexico • Page 23

Suspect in Shooting Surrenders A man charged with the fatal shooting of a Belen jail guar at what police call a turned himself in but pleaded not guilty Monday. Page D2 Shelter Does Serve Gays The Joy Junction homeless shelter wants to set the record straight: It does provide services to New Mexico homosexuals. Page D2 Call soon Dive the coral reefs in the Bahamas to collect fish for the aquarium; $2,900 includes meals, tanks, gear and lodging on an 85- foot boat, but not airfare. The trip is Sept. 2026, call 8487176 or go to www for info.

Katrina slide show Take an ABQjournal.com photo tour of New Orleans and coastal Mississippi today, and a year ago to see for yourself how the recovery from Hurricane Katrina is going. Quote of the day be president of the United States if you think cockfighting is a good Mayor Martin about Gov. Bill failure to take a clear position on cockfighting. METRO NM Tu esday ugust 29, 2006 CLASSIFIED D4 TELEVISION D14 ALBUQUERQUEJOURNAL ABQjournal.com Bright days Tu esday should be mostly sunny across New Mexico D14 Transcripts Allowed in Vigil Retrial IM ORTE The Associated Press A federal judge said lawyers for both sides can present transcripts of FBI tape recordings and videotapes to jurors during Robert retrial, but the documents be admitted as evidence. The decision Monday by U.S.

District Judge James Browning mirrors a ruling by U.S. District Judge James Parker, who oversaw the former state first trial earlier this year. Browning went a step further by requiring defense attorneys and prosecutors to exchange competing versions of the transcripts before the retrial, scheduled to begin Sept. 5, to avoid complications that arose earlier. Vigil, who was treasurer from 2003 until he resigned last October, is accused of steering state busi- ness to investment advisers in exchange for kickbacks.

He has pleaded not guilty to the racketeering and extortion charges. Also Monday, lawyers filed a motion asking Browning to sanction prosecutors for not turning over evidence that could help to clear Vigil of charges. Among possible sanctions is for the judge to dismiss all the charges against Vigil. During the first trial, the sides often disagreed on the text of the transcripts offered to help the jury follow recordings while they were played in the courtroom. There are sounds in some recordings that prosecutors believe are affirmations by a speaker, while the defense team disputes that conclusion.

In many other instances, the tapes are muffled, inaudible or unintelligible. Each time prosecutors offered transcripts during the first trial, which ended May 22 in a mistrial, the defense team challenged the accuracy of the text and offered its version to jurors. Browning said lawyer, though, provided the United States with his version of the transcript moments before requesting the Court if he could submit it to the The defense versions often included handwritten notations on early prosecution transcripts, which were superseded by subsequent updates. In some instances, prosecutors complained the defense notes were in VIGIL: Retrial scheduled to begin Sept. 5 See JUDGE on PAGE D3 PAT Reuben Darlington of Missoula, climbs through part of the new playground equipment at the Rio Grande Zoo on Monday.

totally getting Darlington said of the climbing structure, which is part of the Colores Kids playground. It is constructed around a large cottonwood tree across from the giraffe exhibit. MONKEYING AROUND Downtown Library Gets New Entrance Court Receives Hyde Appeal Journal Staff Report An attempt by defense attorneys to stop a hearing on murder charges against John Hyde went to the state Court of Appeals on Monday. The defense team filed an emergency request to delay the competency hearing, scheduled for Wednesday in Albuquerque, while the Court of Appeals works out the question of whether Hyde can waive his right to the hearing. The hearing would include testimony on mental competence and potential threat to society, as well as evi- dence on whether he shot and killed five people a year ago in Albuquerque.

So far, Hyde has been found incompetent to stand trial because of mental illness. If the scheduled hearing finds he likely committed the killings and is a threat to society, he could be committed to a forensic mental institution for the maximum time he could get if found guilty for such crimes. District Court Judge Albert S. Murdoch ruled Friday that the hearing should be held but also approved the request to bring the question to the Court of Appeals. In their appeal, defense attorneys argued that the would make it unlikely Hyde could get a fair trial in New Mexico if he were ever found competent to stand trial.

That loss of a right to a fair trial would discriminate against Hyde because of his mental illness and violate the equal-protection right in the state and federal constitutions, according to request for a stay of the hearing. Attorneys Want Hearing Delayed Dem. Foe Challenges Nomination Copyright Albuquerque Journal EFF ONES Journal Politics Writer Perennial candidate Anselmo A. Chavez is going to court to get what voters have never given him: a win. Chavez, a write-in candidate against Gov.

Bill Richardson in New Democratic primary election in June, has filed a pair of lawsuits asking a judge to invalidate votes for the nomination to a second term. His argument? voter registration and declaration of candidacy used an incorrect name. The paperwork uses the name Richardson has always gone by Bill Richardson rather than his full name, William Blaine Richardson. votes, every single one, are Chavez said in a telephone interview Monday. Chavez, who has unsuccessfully sought elected offices in New Mexico and other states and now lists his address as Albuquerque, got 388 votes in the June 6 primary election and acknowledges he campaign.

do not need to said Chavez, who is representing himself in the case. needed one vote and one vote only to win An attorney for Richardson, Daniel J. Macke of Albuquerque, said allegations are without merit and should be dismissed. New Mexico Bureau of Elections director Ernie Marquez said voters required to register with their full name. Chavez unsuccessfully sought the Democratic nomination to run against Sen.

Pete Domenici, in 1984. In the 1970s, he lost bids in New Mexico for a U.S. Senate nomination, a U.S. House nomination and a state Senate seat. As of late May, Chavez reported having less than $400 in his campaign account for his write-in campaign for governor.

Richardson reported having $5.7 million. HYDE: Accused of killing five people in Aug. 2005 AN AY Journal Staff Writer Bookworms and others should find the Downtown library a bit more inviting these days. Workers have completed $1.8 million in renovation work that includes an entrance hall with large win- dows, an expanded bookshop, more computers and a host of other features. The major renovation is the first since it opened in 1975.

More improvements are on the way. Included in the foyer is 1,000 square-feet of retail space that could become a coffee shop, restaurant or other business. The library found a tenant yet. New furnishings throughout the library will be purchased with money from the state. The most eye-catching change is already in place the large atrium that looks out on Copper and Fifth NW.

It replaces the dim, dingy corridors people used to cross before entering the library. just has a big, grand said Brian Morris, board president of Friends for the Public Library. makes it more inviting to want to go in because you can see from Martha Huerta, a secretary who lives in Albuquerque, said she likes the changes and has noticed a difference since the renovations took place. just seems to have moved the bums away because they took out the said Huerta, who visits the library frequently to study. The renovation began last summer, and the bulk of the Facility ToHouse Retail Space See OFFICIALS on PAGE D3 Rail Runner Will Run to Wine Festival OZANNA M.

ARTINEZ Journal Staff Writer Visitors to this 19th New Mexico Wine Festival can save on gas and parking fees by hopping aboard New Mexico Rail Runner Express shuttles running to and from the event from the U.S. 550 rail station in Bernalillo. The Rail Runner Express commuter train will run from to 8p.m. Saturday, Sunday and Monday between the Downtown Albuquerque and U.S. 550 stations, with stops at the Los Center station.

A shuttle bus will provide free rides between the U.S. 550 station and the festival grounds, said Maria Rinaldi, executive director of the New Mexico Wine Festival. Those wanting to stretch their legs can walk to the event in about 10 minutes. Wine festival staff and signs will help eventgoers find their way. Rides on the Rail Runner Express will be free.

This will be the first time the Rail Runner Express has provided service for a weekend event, according to S.U. Mahesh, New Mexico Department of Transportation spokesman. The wine festival will be held from noon to 7p.m. Saturday, Sunday and Monday. Admission is $10 for adults.

Youth admission, for ages 13 to 20, is $5. The Rail Runner will provide service to this 19th New Mexico Wine Festival. To get aboard For directions to the festival, tickets and other information, visit www.newmexicowinefestival.com. or ABQjournal.com Items Be Part of Evidence CHAVEZ: Says registration used incorrect name.