Judge: DA office off case because cops recorded lawyer call

FARMINGTON, N.M. (AP) — A New Mexico judge has ruled that a district attorney’s office must be replaced as prosecutors in a homicide case in which Farmington police violated the defendant’s constitutional rights by recording him talking with his attorney.

However, state District Judge David Pederson declined in his Nov. 5 ruling to also dismiss charges against John ”Johnny” Marlowe Davidson in the 2020 fatal shooting of Justin Tapaha.

Pederson said doing so would be too harsh as it could deprive the victim’s family of justice.

Davidson is charged with second-degree murder and of shooting at or from a motor vehicle and causing great bodily harm.