{"id":41355,"date":"2024-09-30T16:30:06","date_gmt":"2024-09-30T20:30:06","guid":{"rendered":"https:\/\/indianz.com\/News\/?p=41355"},"modified":"2024-09-30T16:30:06","modified_gmt":"2024-09-30T20:30:06","slug":"source-new-mexico-jury-selection-scheduled-for-shooting-of-native-activist","status":"publish","type":"post","link":"https:\/\/indianz.com\/News\/2024\/09\/30\/source-new-mexico-jury-selection-scheduled-for-shooting-of-native-activist\/","title":{"rendered":"Source New Mexico: Jury selection scheduled for shooting of Native activist"},"content":{"rendered":"\"Rio<\/a>
The Rio Arriba County Courthouse in Tierra Amarilla, New Mexico. Photo by Austin Fisher \/ Source NM<\/a><\/figcaption>\r\n
Judge in 2023 O\u00f1ate shooting case to call 80 potential jurors<\/div>\r\n
Prospective jurors\u2019 knowledge of the case could disqualify them<\/div>\r\n
Monday, September 30, 2024<\/div>\r\n
By Austin Fisher, Source New Mexico<\/a><\/div>\r\n

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The judge overseeing the attempted murder case against a man who shot someone at a protest of a statue in northern New Mexico is summoning 80 people to serve as potential jurors, because some of them may know too much about the case to objectively rule on it.<\/p>

First Judicial District Court Judge Jason Lidyard said Thursday he doesn\u2019t know how jury selection will go in the trial of Ryan Martinez, who was recorded on video shooting a climate activist during a prayer ceremony and protest of a monument to genocidal Spanish conquistador Juan de O\u00f1ate in Rio Arriba County last fall.<\/p>

\u201cI don\u2019t know how many people are going to know things about this case that are going to disqualify them from being able to serve,\u201d Lidyard said.<\/p>

Lidyard and the opposing legal teams previously agreed to begin jury selection on October 7 in his courtroom in Tierra Amarilla, a small, remote village in the county\u2019s northern reaches. So far, two sessions \u2014 or panels \u2014 of jury selection have been scheduled in the case.<\/p>

\u201cWe\u2019re not going to be able to pick the jury from the very first session. I\u2019m sure of that,\u201d Lidyard said, but they might be able to choose jurors from the second.<\/p>\r\n

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\n\t\t\n\t\t\tSource New Mexico: Shooter remains behind bars pending trial in hate crime case\t\t<\/a>\n\t<\/div>\n\t
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A New Mexico man is accused of a near fatal shooting and an assault at a Native-led protest on Pueblo homelands.<\/p>\n\t\t<\/a>\n\t<\/div>\n\t

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Out of an abundance of caution, he said, he\u2019s spoken to the court\u2019s Jury Services department about constructing a third panel of people to come in on the morning of October 8 \u201cif absolutely necessary.\u201d That would be needed only if he and the attorneys are concerned about their ability to choose a jury by the end of the previous day, Lidyard said.<\/p>

\u201cI want to have this arranged so that we can immediately continue on with the selection,\u201d he said.<\/p>

Lidyard said they should be able to seat a jury within the planned time frame, even if the trial can\u2019t begin until October 9.<\/p>

The trial\u2019s first leg is scheduled for October 8 through October 11, when state prosecutors are expected to make their case and call their witnesses to testify. The second leg is scheduled for October 16 through October 18, when defense lawyers for Martinez will make their case and call their own witnesses.<\/p>

Chief Deputy District Attorney Anthony Long said he\u2019s relatively confident they\u2019ll be able to pick a jury in the first two sessions, because Martinez is not charged with a capital offense, which means each side is limited in how many jurors they can try to disqualify without giving a reason.<\/p>

Since Martinez is charged with attempted murder, if convicted he would be guilty of a second-degree felony, which gets a basic sentence<\/a> of nine years under state law. In those kinds of cases, the defense is allowed five peremptory challenges and the state gets three, according to court rule<\/a>.<\/p>

Still, there is no limit on how many potential jurors either side can disqualify, so long as they have a good reason and articulate that to the judge, who rules on each disqualification.<\/p>\r\n

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\n\t\t\n\t\t\tPueblo leaders condemn shooting and call for consultation on colonial monument\t\t<\/a>\n\t<\/div>\n\t
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Leaders of New Mexico\u2019s Pueblo tribes are speaking out following the near deadly shooting of a Native activist on their homelands.<\/p>\n\t\t<\/a>\n\t<\/div>\n\t

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A busy time in northern Rio Arriba<\/div>\t

Another logistical challenge, Long said, is \u201cthere are no hotel rooms \u2014 nothing is available,\u201d in the area.<\/p>

\u201cThere are a host of things happening in northern Rio Arriba County right now, your honor, that make finding lodging impossible, or even changing that lodging,\u201d he said.<\/p>

He said a wedding is happening nearby, the Cumbres & Toltec Scenic Railroad is reaching the end of its season, and the trees are turning their fall colors, which typically attracts an influx of tourists.<\/p>

Lidyard\u2019s comments about jury selection came at the end of a two-and-a-half hour hearing on Thursday afternoon, where attorneys argued over half a dozen disputes about whether to include certain evidence and witnesses in the trial.<\/p>

Lidyard told them he will announce his rulings on those disputes in a virtual hearing at 4 p.m. on Monday.<\/p>