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Solomon Pe帽a's attorney seeks testimony by election skeptics
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An attorney for defeated Republican candidate Solomon Pe帽a told a judge Friday she wants to call as witnesses a Las Cruces couple who have built a national reputation as election skeptics.
Pe帽a faces trial on federal charges alleging he orchestrated a string of shootings targeting the homes of Democratic elected officials in 2022 after he lost his race for a state House seat.
Pe帽a鈥檚 attorney, Elizabeth Honce, told a federal judge that she wants David and Erin Clements to testify that Pe帽a was working 鈥渓egally and lawfully鈥� to gather information from county officials about the result of his election.
U.S. District Judge Kea Riggs scheduled a Sept. 16 hearing to hear from the Clements themselves about the nature of their proposed testimony.
鈥淚 want to make it clear that we are not retrying the results of the 2022 election, at all,鈥� Riggs said.
The Clements were not in the courtroom Friday in U.S. District Court in Albuquerque.
Pe帽a, dressed in a red and white striped prisoner uniform, sat at the defense table throughout the hearing. Honce participated in the hearing remotely by video.
The judge questioned Honce about the purpose of having the Clements鈥� testify in the trial.
Honce described the Clements as 鈥渇act witnesses鈥� who would tell jurors 鈥渢hat Mr. Pe帽a was working legally and lawfully to gather information鈥� about the 2022 election.
The Clements鈥� testimony could bolster Pe帽a鈥檚 argument that he was trying to collect data from county officials about the election results, Honce told the judge.
鈥淧art of our defense is that he was trying to pursue this in a non-violent way,鈥� Honce said. 鈥淲hy would he resort to violence when he was gathering information legally and lawfully?鈥�
Assistant U.S. Attorney Patrick Cordova told the judge that David Clements is a 鈥渒nown election denier鈥� and questioned the value of the Clements鈥� testimony to a jury.
鈥淲e鈥檙e very concerned about what direction this could go,鈥� Cordova said.
Pe帽a鈥檚 trial on 13 federal counts is expected to begin later this year, but the date of the trial has not been finalized.
Pe帽a was indicted by a federal grand jury in May 2023, alleging 鈥淧e帽a organized a shooting spree that targeted the homes of four elected officials and their families鈥� in December and January 2022.
Prosecutors allege that Pe帽a was motivated by his election loss to incumbent Democratic Rep. Miguel Garcia in November 2022. Pe帽a later said on social media that he believed the election was 鈥渞igged.鈥�
David Clements said in a phone interview Friday that he and his wife, Erin, have analyzed problems with election machines and have given 鈥済eneral advice鈥� to people who suspect they have unfairly lost an election.
But Clements said he has not communicated with Pe帽a or relied on him to collect data about the 2022 election.
鈥淗e鈥檚 not an expert,鈥� Clements said of Pe帽a. 鈥淲e wouldn鈥檛 rely on a layperson that doesn鈥檛 have a discipline or subject matter expertise to do the work that we did.鈥�
Federal prosecutors allege Pe帽a paid two co-defendants to help target the homes of Bernalillo County Commissioner Adriann Barboa, former commissioner Debbie O鈥橫alley, House Speaker Javier Mart铆nez and state Sen. Linda Lopez.
No one was injured in the incidents, but a bullet penetrated the bedroom where Lopez鈥檚 daughter, then 10, was sleeping.
Pe帽a is accused of hiring co-defendants Demetrio Trujillo, 42, and his son, Jose Trujillo, 22, to help carry out the shootings.
Both co-defendants pleaded guilty earlier this year to multiple federal charges and face sentences of up to life in prison. Neither man has been scheduled for sentencing.
Honce also said Friday she plans to contest information provided by Demetrio Trujillo that Pe帽a himself fired an AR-style rifle while sitting in a truck between Demetrio Trujillo and his son.
