Update on Federal Motion re: Indian Status of Defense Counsel in Criminal Trial

Here is the order — US v Diaz Order on Motion in Limine

It reads in relevant part:

Defense Counsel will be permitted to mention his former employment as well as his status as a Native American, during the voir dire process, but not during any other portion of the trial.

The government motion is here.

News coverage from Indianz (and H/T):

A federal judge says an attorney can talk about his status as an Indian and can mention his prior work as a federal prosecutor during jury selection for the trial of a Pueblo leader.

But Sam Winder, a member of the Southern Ute Tribe of Colorado, can’t bring up his status or his past employment during the actual trial, the judge ruled.

Winder, who used to work in the U.S. Attorney’s Office in New Mexico, is representing Pojoaque Pueblo Lt. Gov Linda Diaz. She is accused of leaving the scene of a fatal accident and failing to render aid in connection with the hit and run death of a non-Indian man on the reservation.

Diaz’s trial is due to start on February 16. The judge has yet to rule whether jurors can hear evidence that she was drinking before the incident last April.

Get the Story:

Race A Hot Issue in Trial (The Abuquerque Journal 2/12)

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