Judge rules AG can't prosecute former secretary of state

a big setback in the case against former secretary of state accused of embezzlement and taking kickbacks. after four days of testimony -- this afternoon a judge made a ruling in a motion to stop the a-g's office from prosecuting the case. kayla anderson is live at district court with our big story. nicole, just a couple hours ago, judge pat murdoch ruled the a-g's office can not prosecute the case against rebecca vigil- giron and three others. the defense argued it wouldn't be fair for the a- g's office to prosecute the case ... because the defedents think the a-g's office is out to get them. vigil-giron and three others are accused of misusing taxpayer money on a campaign to educate new mexico voters back in 2006. these are ads that ran on t-v as part of that campaign. we caught up with vigil-giron after the judge's ruling: "we're going to have a fair trial now, with a special prosecutor who has no axe to grind against us, any of us, any of the defendants, and so i am very very pleased that judge murdoch was very fair in his decision." today's ruling does not mean the charges will be thrown out. it just means someone else will have to prosecute the case ... that could be a district attorney in new mexico. as it stands now, the trial is scheduled to start in october. reporting live at district court, kayla anderson, kob eyewitness news 4.

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