Fierro defense accuses DA of misconduct

Posted at: 09/22/2009 11:28 AM | Updated at: 09/22/2009 12:20 PM
By: Reed Upton, KOB.com

The lawyer for prominent Santa Fe attorney Carlos Fierro on Tuesday accused the prosecution of misconduct during the second morning of the vehicular homicide trial.

Attorney Robert Gorence says the prosecution’s use of information from the National Crime Information Center to vet potential jurors constitutes prosecutorial misconduct. Bowles has moved to have the case dismissed. Judge Michael Vigil took the motion under advisement.

Fierro is accused of driving drunk the November evening his car struck and killed William Tenorio outside of a Santa Fe bar.

Fierro’s attorney is arguing that the accident was unavoidable because it was dark, Tenorio was wearing dark clothes and may have been walking backwards outside of the crosswalk.

Prosecutors argue that if Fierro wasn’t intoxicated, Tenorio would still be alive.

Fierro, a prominent attorney who has served as an aide to officials such as senators John McCain and Tom Udall, was accompanied the evening of Tenorio’s death by then-State Police Sergeant Alfred Lovato, a member of Governor Bill Richardson’s security detail.

Lovato has since resigned and is also charged with vehicular homicide for failing to stop Fierro from driving.

The Fierro trial is expected to last a week and a half.

Eyewitness News 4 has a crew in the courtroom. Tune into Eyewitness News 4 at noon, 5:00 and 6:00 for the latest.

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