Second whistle-blower suit pending against DA D'Antonio

LAS CRUCES - Another whistle-blower lawsuit against Doña Ana County's top prosecutor is pending in state District Court, court records show.

The lawsuit against District Attorney Mark D'Antonio was filed last September by a former chief deputy, Paul Rubino, who worked in D'Antonio's office from Jan. 1, 2013, to Feb. 27, 2015.

The Sun-News learned about Rubino's lawsuit this week while reporting on another whistle-blower lawsuit against D'Antonio that was filed on Monday by his former office manager.

More:DA D'Antonio sued by ex-office manager over whistleblower corruption claims

"We are aware of this complaint, which was filed last year. It is currently pending litigation, and our official posture on each of these allegations has been filed with the court. Any further questions about the suit should be directed to our attorneys in this matter," a spokesman for D'Antonio's office said Thursday in a statement.

D'Antonio is being represented by Las Cruces attorney Cody Rodgers, who denied many of the allegations in Rubino's complaint in a written response to his lawsuit that was filed in January. She asked for the court to dismiss the claims against D'Antonio.

In the complaint, Rubino alleges he was subjected to a hostile work environment and retaliation, in violation of the state's Whistleblower Protection Act, after he claimed to have voiced concerns about alleged discrimination and retaliation by D'Antonio against another employee.

Rubino also claims to have to voiced concerns about "heavy, unmanageable, out of control caseloads" and "mismanagement" of the District Attorney's Office — two allegations he insists were "causing harm to the safety of the public and other personnel," according to the complaint.

After Rubino "suffered a serious medical condition" in January 2015, he alleges that D'Antonio and the other defendants in the lawsuit — the 3rd Judicial District Attorney's Office and state of New Mexico — treated Rubino "differently" and "discriminated against him" because of a "handicap."

Rubino also alleges that D'Antonio and the other defendants publicly stated that Rubino had been "disabled due to a heart attack," a statement he "protested" and prompted him to explain his "serious medical condition," according to the lawsuit.

But the lawsuit alleges the defendants refused to accept Rubino's explanation and retaliated and discriminated against him because of his medical condition, and ultimately discharged his employment.

Rubino is seeking compensation for damages that include lost wages and benefits, mental anguish, emotional pain and suffering, and other claims. He has requested a six-member jury trial, court records show. He is being represented by El Paso attorneys Daniela Labinoti and Brett Duke.

No trial date has been scheduled. The case has been assigned to 6th Judicial District Judge Jarod Hofacket.