10th Circuit affirms conviction in former Pueblo leader's case

Wednesday, May 9, 2012  

The 10th Circuit Court of Appeals on Tuesday affirmed the criminal conviction of Linda Diaz, the former lieutenant governor of Pojoaque Pueblo in New Mexico.

Diaz was convicted of leaving the scene of a fatal accident. She struck Philip Espinoza, 31, along a highway on the reservation, where he died in April 2009.

Among other issues, Diaz argued that she couldn't be prosecuted in federal court because the federal government failed to show Espinoza was not an Indian. The 10th Circuit, however, said the testimony of Espinoza's father was enough to prove that the victim was not Indian, as required by the federal law under which Diaz was charged.

Turtle Talk has posted documents from the case, US v. Diaz.

Get the Story:
Ex-Pojoaque Pueblo leader's hit-and-run conviction affirmed (The Santa Fe New Mexican 5/9)

10th Circuit Decision:
US v. Diaz (May 8, 2012)