Updated: January 25, 2021 08:07 PM
Created: January 25, 2021 07:59 PM
ALBUQUERQUE, N.M.— A case against a suspect involved in the Santa Fe obelisk incident will move forward after it was dismissed earlier this month due to a technical error.
Sean Sunderland is accused of criminal trespassing and resisting an officer during a protest on the Santa Fe Plaza in October.
The case was previously dismissed after Santa Fe Police Officer Jesse Campbell failed to appear in court.
On Monday, the court took some responsibility for that.
“The court is sorry the case has created confusion due the inability to authenticate or verify that notice of motion was emailed to the prosecuting officer,” said Judge Donita Sena.
Officer Campbell appeared in court Monday, and argued that the dozens of officers mentioned in his police records should be allowed to testify.
“I had no intention of calling any other witnesses other than law enforcement,” he said.
But Sunderland’s attorney argued those witnesses shouldn’t be allowed because the defense wasn’t notified properly.
“This does not suffice for a witness list,” said defense attorney Kathryn T. Fischer.
Judge Sena agreed.
“The court is going to rule in favor of defense counsel's motion to suppress any of the witnesses listed in that report because the rule was not met in terms of procedure,” the judge said.
The case now moves forward with jury selection, but it’s unclear how soon the case will be heard due to the State Supreme Court’s freeze on jury hearings due to COVID-19.
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