- Associated Press - Sunday, December 20, 2015

SANTA FE, N.M. (AP) - The office where Gov. Susana Martinez once served as Dona Ana County’s top prosecutor was asked to turn over documents including a variety of payroll, expense and law enforcement records connected to her.

The 3rd Judicial District Attorney’s Office was called on to give the records for a federal grand jury that met in October “in connection with a criminal investigation being conducted in this District,” according to the Sept. 22 subpoena. The Santa Fe New Mexican obtained a copy through a public records request.

Chris Sanchez, Martinez’s spokesman, said in an email to the New Mexican (http://bit.ly/1PjihmX ) that the governor is not the subject of an investigation.

“The Governor has not received a target letter, and she is not the target of an investigation,” Sanchez wrote. “She has not testified before a grand jury, and has not hired a lawyer. The subpoena frankly underscores our previous statements that any investigation is based on the same old tired allegations made by opponents with an ax to grind, apparently Anissa Ford in this instance.”

Former Martinez campaign aide Ford has said that in October 2010, Martinez asked her to send an investigator in the DA’s office a photo of a license plate to determine the owner because the vehicle bore an anti-Martinez bumper sticker. Ford told the newspaper that it was “very common” for Martinez to ask about the identities of anyone tracking her during the 2010 race or who didn’t politically back her.

The investigator, Aaron “Kip” Scarborough,” is among those whose records were being subpoenaed.

Georgetown University Law Center professor Paul Rothstein said in an email that while it’s uncertain what the subpoena means, it looks like federal prosecutors may have been looking to add to possible evidence regarding misused government resources.

“If there was such use of public resources for political (i.e. personal) purposes, this would be deemed tantamount to theft of government resources, a diversion of or appropriation of public resources to or for personal political benefit, which, of course, would be illegal,” he said Friday.

The U.S. Justice Department, which includes the New Mexico U.S. attorney and the FBI’s Albuquerque office, declined to comment.

Martinez is already facing criticism after audio recordings came out Friday in which she can be heard talking to Santa Fe County dispatchers over a noise complaint. The governor can be heard demanding to know who lodged a complaint about noise coming from a room at a hotel rented by one of her staff.

She issued an apology for the actions of her staff during her annual holiday party at the hotel and for how she handled it.

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Information from: The Santa Fe New Mexican, http://www.sfnewmexican.com

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