Defense seeks mistrial over Pueblo man's death

Law

Wednesday, September 23, 2009

Attorneys for the man accused of killing William Tenorio of San Felipe Pueblo filed a motion for a mistrial on Tuesday, citing alleged prosecutorial misconduct.

Attorneys for Carlos Fierro, 36, said the lead prosecutor hired a jury selection expert but didn't inform other prosecutors or the defense about it. The attorneys also said the prosecution used the National Crime Information Center database to look up information about potential jurors to determine whether any had been arrested for drunken driving.

Fierro is on trial for vehicular homicide and causing a fatal accident. He admits he was drinking before he struck Tenorio, who was 46, in the early morning hours of November 26, 2008.

Fierro denies intentionally striking Tenorio. He also claims he did not realize he hit someone before he drove away from the scene in downtown Santa Fe.

The jury heard from witnesses who met, saw or talked to Fierro and Tenorio before the fatal accident. Reyes Romero, of Nambe Pueblo, testified that he was almost run down by Fierro's car shortly before Tenorio was hit.

Vangie Red Steer, a member of the Navajo Nation, testified that talked to Fierro and Alfred Lovato, his passenger in the car. She said Lovato, who faces the same charges as Fierro, was intoxicated.

Raeann Herrera testified that Fierro and Tenorio talked about tribal law and tribal government before the accident. Fierro is an attorney who worked on Indian issues on Capitol Hill.

The trial is expected to conclude on October 1.

Get the Story:
Fierro trial: Witness says car almost hit others (The Santa Fe New Mexican 9/23)
Defense attorney claims prosecutorial misconduct in Fierro case (The Santa Fe New Mexican 9/23)
Defense Alleges Misconduct, 'Vindictiveness' by DA's Office (The Albuquerque Journal 9/23)