Drinking at issue for Pueblo leader's hit-run case
Wednesday, November 4, 2009
Filed Under:
Law
A leader of
Pojoaque
Pueblo is scheduled to go to trial in January 2010 on hit-and-run charges
Lt. Governor Linda Diaz, 52, is accused of striking Phillip Espinosa, 31, along a highway on the reservation. She allegedly fled the scene and did not report the incident to tribal police until April 5, a day later.
Federal prosecutors want to introduce evidence of Diaz's alcohol consumption even though she isn't facing drunk-driving charges. She allegedly had at least one beer at her tribe's casino and possibly more at a nightclub.
Diaz's attorney, a former federal prosecutor, opposes the introduction of such evidence. But a judge allows he, Sam Winder wants the jury to know that Espinosa, a non-Indian, was also drinking before he died.
Get the Story:
Pojoaque hit-and-run: Motions focus on drinking
(The Santa Fe New Mexican 11/4)
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