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The attorney for ex-state Treasurer Robert Vigil declined today to present any evidence in his client's public corruption trial.

Immediately after jurors and lawyers returned from their lunch break, U.S. District Judge James Browning asked Sam Bregman if he wanted to present any evidence or witnesses.

Bregman stood up and said, "Your honor, the defense rests."

Bregman declined to put on a case when Vigil was tried last spring on 24 federal extortion, racketeering and conspiracy counts, saying prosecutors never met their burden to prove Vigil's guilt beyond a reasonable doubt.

That trial resulted in a mistrial May 22 when one juror held out for an acquittal.

Vigil has pleaded not guilty to all charges.

Browning began reading jury instructions today, and attorneys for both sides were expected to present closing statements.

The government wrapped up its case just before noon with testimony from FBI agents Margaret Russin and Drew McCandless. Immediately after the prosecution rested, defense attorney Jason Bowles asked U.S. District Judge James Browning to dismiss the case.

Browning heard arguments from both attorneys for sides, then said he was inclined to let the jury determine whether Vigil committed any crimes.

"I do think there is evidence Mr. Vigil took a payment for which he was not entitled and that it was given in exchange for his official acts," Browning said.

The judge also said he wanted to further consider a defense request to eliminate an extortion count involving George Everage, a former treasurer's office employee who said he was pressured by Vigil to hire the wife of former Treasurer Michael Montoya for a job.

Earlier, Russin testified about discrepancies in Vigil's campaign finance reports, which didn't include an $11,500 contribution from a California investment adviser until seven months after Vigil's arrest last September.

The figure represented the amount that investment adviser Kent Nelson gave to Vigil while he was cooperating with the FBI. McCandless testified that on the day Vigil was arrested, Vigil denied receiving such a contribution