NEWS
Defense attorney claims he was unwitting dupe in an inmate's narcotic smuggling scheme
State Supreme Court rejects a suspension from legal practice for now; criminal case in limbo
If ever sa国际传媒官网网页入口 defense attorney Brian Pori hoped for the presumption of innocence, it was when his law license and professional reputation were on the line at the state鈥檚 highest court Thursday.
Pori was winding down his 38-year criminal defense practice in state and federal courts when a client鈥檚 family used him as an 鈥渦nwitting drug mule鈥 to smuggle a narcotic into the Cibola County Correctional Center near Grants on March 11, according to court records.
鈥淚 could not even imagine that any client would be so cruel or indifferent as to subject me to such an ordeal,鈥 Pori, 65, said in a sworn affidavit.
After Pori arrived at the visitors鈥 entrance to see clients, Cibola County correctional officers searched his belongings and found the drug suboxone stitched into the lining of an eyeglass case Pori planned to deliver to inmate Paul Lujan, court records state.
When confronted, Pori protested that he had no knowledge of the presence of the drug, which is used to treat people addicted to opiates, in the eyeglass case. He said he didn鈥檛 even know what suboxone looked like.
A Milan Police Department officer called to the scene arrested him anyway, on a felony charge of 鈥渒nowingly鈥 attempting to smuggle contraband into prison.
A client鈥檚 relative had previously contacted him, and at his instruction, placed the eyeglasses and case in a dropbox at his sa国际传媒官网网页入口 office, he contended. The woman claimed that Lujan needed his prescription glasses to read legal documents and was getting headaches as a result, Pori recalled.
Pori said he had delivered eyeglasses to incarcerated clients in the past and opened the case to ensure the plastic glasses adhered to corrections policy but didn鈥檛 search it further.
鈥淚 had no motive to introduce contraband,鈥 he stated in his affidavit. 鈥淚 had not received any unexplained infusion of cash 鈥 In my 38 years, I have never had a client ask me to smuggle contraband or unknowingly involve me in the unwitting introduction of contraband.鈥
While waiting to be arraigned, Pori was incarcerated for about 24 hours, during which time he was stripped and given a 鈥渟uicide suit鈥 fastened by Velcro that didn鈥檛 work. He stayed in a cell without running water, reading materials or a mattress and was given only sandwiches and one powdered-milk drink, his affidavit stated.
鈥淔ollowing my arrest, my family did not know where I was and could not reach me and they became very worried for my safety. At no time after my arrest until I was released from custody was I ever offered a telephone call to contact my family,鈥 wrote Pori, who said his relatives found out after the U.S. Marshals Service and/or the FBI issued a news release.
Two days after his arrest, Pori stated that he ended up in the emergency department of the University of New Mexico Hospital in sa国际传媒官网网页入口 suffering from severe hypotension caused by the fact that Cibola County jail staff 鈥渘ever made any attempt to give me any of my prescribed medications during my incarceration.鈥
On April 6, the Cibola County District Attorney鈥檚 Office dismissed Pori鈥檚 state felony charge without specifying why. The prosecutor referred the case to the U.S. Attorney鈥檚 Office in New Mexico for possible prosecution. No charges have been filed.
A U.S. Attorney鈥檚 Office spokeswoman declined to comment about Pori鈥檚 case on Thursday, adding that 鈥渨e generally can鈥檛 comment on potential investigations or prosecutorial decisions unless and until something is filed in public record.鈥
Even with the now-dismissed state criminal complaint, the state chief disciplinary counsel asked the state Supreme Court at a hearing on Thursday to summarily suspend Pori from the practice of law.
Asked by Senior Justice Michael Vigil why, chief disciplinary counsel Anne Taylor replied, 鈥渢o protect the public.鈥
She said the allegations, which are still under investigation by her office, involve the 鈥減ractice of law.鈥
But Pori鈥檚 attorney Nicholas Hart said his client wasn鈥檛 taking on new clients. He also has admitted to a 鈥渓ack of judgment鈥 in agreeing to deliver the glasses to Lujan, Hart told the justices.
鈥淏ut a lack of judgment alone shouldn鈥檛 be enough in order for the court to summarily suspend him,鈥 Hart said.
鈥淭his Court should compromise Pori鈥檚 license to practice law only after a complete investigation, one that will allow him to maintain a storied career鈥檚 worth of goodwill in serving the indigent population of New Mexico,鈥 Hart stated in a written response to the court.
The Supreme Court voted unanimously to deny the suspension request. Instead, the court put Pori under the supervision of another attorney while the State Bar disciplinary board continues to look into the case. Pori didn鈥檛 address the court.
鈥淔rom the moment he was informed of the allegations and arrested, Pori has asserted his innocence,鈥 Hart said in a filing. 鈥淚n so doing, Pori has attempted to mitigate the catastrophic damage to his professional reputation and the legal fallout of being duped by his client鈥檚 family.鈥
He signed a consent to search his cellphone and computer, as requested by the FBI. Now he has 鈥渄evoted himself to trying to figure out precisely who conned him,鈥 Hart told the court.
Pori, a graduate of Yale who has served as an assistant federal public defender, couldn鈥檛 be reached for comment after the hearing.
But his affidavit states, 鈥淔or 38 years, I have accepted some of the most emotionally challenging criminal cases, with the most gruesome facts and the most difficult clients. I have defended multiple cases of murder where prosecutors sought the death penalty.
鈥淎s a recovering addict who actively participated in Narcotics Anonymous and the Judges and Lawyers Assistance Program, I have spent the latter part of my legal career helping clients and others who struggled with an addiction to narcotics.鈥
He added: 鈥淚 have been subjected to adverse conditions of confinement which I believe amounted to punishment 鈥 I have paid a very high price because of my arrest, despite my presumption of innocence.鈥