A leader of Pojoaque Pueblo in New Mexico suffered a setback in a fatal hit-and-run case.

Lt. Governor Linda Diaz, 52, is accused of striking Phillip Espinosa, 31, along a highway on the reservation. She allegedly left the scene and did not report the incident to tribal police until April 5, a day later.

Diaz sought to introduce evidence that Espinosa was intoxicated when he died. But Judge C. Leroy Hansen said the victim's state was irrelevant to the case.

Hansen has yet to determine whether jurors will hear evidence that Diaz was drinking before the accident. The trial is set to begin on January 11, 2010.

Get the Story:
Drunk Walker Not Issue (The Albuquerque Journal 12/3)

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