Font ResizeLAS CRUCES - A construction fraud and embezzlement case already years old was unexpectedly thrown out of 3rd Judicial District Court Friday afternoon.
Judge Stephen Bridgforth declared a mistrial after the defendant mentioned a bankruptcy case that both sides had agreed, pre-trial, would not be discussed.
Gary Winsor, 41, was indicted in 2007 on charges his family's businesses defrauded 16 sets of victims in incidents stretching back to 2002. Before his death in late October, his father, Raymond Winsor, 69, had also been facing similar allegations.
Though 17 victims had already testified, Winsor's reference to his 1995 bankruptcy during cross-examination by the state prompted Bridgforth to rule "a bell had rung that you can't un-ring," said Assistant District Attorney Richard Wellborn.
Winsor, he said, "got to benefit from disobeying the court orders, on the 11th hour."
The bankruptcy filing "has no bearing on the criminal case," Wellborn said. "Another way to look at that is, if you steal a Snickers bar from Circle K, you can't just file bankruptcy and say, 'You can't prosecute me because I filed for bankruptcy.' But, it's confusing for some people."
The state will now have to wait for a new trial to be scheduled before another judge, as Bridgforth is retiring at the end of the year, one of two vacancies at District Court. It's unknown how long it will take for the case to get back to trial.
"We need to seize justice in the form of a verdict as soon as
Ashley Meeks can be reached at (575) 541-5462
