Michael Astorga Guilty in 2006 NM Murder of LEO James McGrane, May Face DP

[AnneTheBelgian]

http://www.koat.com/news/26007767/detail.html

(with video)

Judge Denies Motion, Astorga Still Faces Death Penalty

Astorga Shot Deputy In 2006

POSTED: 8:02 am MST December 3, 2010

UPDATED: 8:21 am MST December 3, 2010

ALBUQUERQUE, N.M. -- It will be up to a jury to decide if convicted deputy-killer Michael Astorga will get the death penalty, after a judge refused to take it off the table for his sentencing.

Astorga sat quietly in court Thursday as his attorney argued against the death penalty. In 2006, he shot and killed Bernalillo County Deputy James McGrane.

He was convicted in a trial earlier this year.

Capital punishment was repealed in New Mexico before the trial, but was still in effect when the crime was committed.

"New Mexico evolved whenever we repealed the death penalty. It was no longer a situation where we had to look at just the society here and make a guess what whether the death penalty was cruel and unusual punishment," defense attorney Gary Mitchell said.

Judge Neil Candelaria denied the defense's motion to dismiss the death penalty. The next step in the case is the sentencing phase.










Anne

[AnneTheBelgian]

http://www.krqe.com/dpp/news/crime/court-halts-astorga-execution-hearing

Court halts Astorga execution hearing

Updated: Friday, 10 Dec 2010, 5:12 PM MST

Published : Friday, 10 Dec 2010, 5:12 PM MST

* Web Producer: Bill Diven

ALBUQUERQUE (KRQE) - The New Mexico State Supreme Court late Friday halted the death-penalty phase of convicted cop killer Michael Astorga's trial.

That hearing had been set for Jan. 10 during which a newly seated jury would decide whether Astorga would be executed or sentenced to life in prison.

Now the Supreme Court has given Bernalillo County District Attorney Kari Brandenburg until Dec. 27 to respond to a petition from Astorga's attorney. Defense attorney Gary Mitchell had requested a hearing on several issues including his contention that the repeal of the state's death-penalty law was tailored unconstitutionally to exclude Astorga.

District Judge Neil Candelaria had rejected Mitchell's arguments earlier this month, and a spokesman for Brandenburg said the new petition appears to contain the same arguments.

The Supreme Court now is likely to review the petitions and then set a date for Mitchell and prosecutors to present oral arguments in Santa Fe.






Photo : The murderer Michael Astorga







Anne

[AnneTheBelgian]

http://www.koat.com/news/26770256/detail.html

(with video)

Death Penalty Still A Possibility For Astorga

Victim's Family Pleased Supreme Court Won't Intervene

POSTED: 8:45 pm MST February 6, 2011

UPDATED: 7:56 am MST February 7, 2011

ALBUQUERQUE, N.M. -- The family of a slain Bernalillo County Sheriff's deputy is relieved the death penalty could still be an option in the case against their son's killer.

Jim McGrane learned over the weekend that the New Mexico Supreme Court refused to hear a petition Friday from Michael Astorga's defense team about the constitutionality of the death penalty.

"It's time to get it over with so we can move on with our life," McGrane said.

Astorga was convicted last summer of killing Deputy James McGrane Jr. in a 2006 traffic stop. The initial trial, and now the sentencing phase of the case, have moved slowly for the McGrane family.

"We knew it was going to take a long time, not surprising, but we didn't know they'd come up with so many delays," McGrane said.

Attorney Gary Mitchell, who represents Astorga, said he is saddened the state's top court didn't at least consider the petition. He said he is preparing for a death penalty hearing.

The death penalty was repealed in New Mexico in 2009, but prosecutors have continually argued it should be a viable option for Astorga because he committed the murder in 2006. Mitchell has said because his client's trial began after the death penalty was repealed, Astorga shouldn't face it as a punishment.

The hearing is expected to begin in a few months, once jurors have been screened.












Anne

[JeffcoCitizen]

Another homicide survivor in favor of the death penalty.   I hope they use his testimony at legislative hearings to counter the anti's position. 

[AnneTheBelgian]

http://www.abqjournal.com/main/2011/08/12/abqnewsseeker/astorga-case-headed-to-state-supreme-court.html

Astorga Case Headed to State Supreme Court

By Scott Sandlin

/ Journal Staff Writer on Fri, Aug 12, 2011

By Monday, the political and legal hot potato of the Michael Paul Astorga murder case will be back before the New Mexico Supreme Court.

The defense will challenge the trial judge’s ruling Friday — a month before the penalty phase of the death penalty case is set to start —that bars the defense from calling witnesses intended to show that Astorga is innocent of the murder of Deputy James McGrane Jr. or arguing that to the jury.

Astorga was convicted of the murder in June 2010.

Neil Candelaria, now the presiding criminal judge in the Second Judicial District, also ruled Friday that Astorga attorney Gary Mitchell may not use the state’s 2009 death penalty repeal to argue that his client should not be executed.

District Attorney Kari Brandenburg and Deputy District Attorney Troy Davis had asked Candelaria to rule before the penalty phase of trial on the issues, and both prosecution and defense agreed that whatever the result, the outcome would be taken to the Supreme Court to decide.


















Anne

[JeffB]

Astorga's lawyer tries again to exclude death penalty 

Posted at: 08/16/2011 8:43 AM
By: Tracy Dingmann, KOB.com

The attorney for convicted cop-killer Michael Astorga has filed paperwork with the state Supreme Court to try to spare his client from the death penalty.



Astorga’s lawyer says the state’s 2009 repeal of the death penalty should be a mitigating factor when the jury considers a possible life or death sentence next month.

Astorga was convicted of killing Bernalillo County Sheriff’s Deputy James McGrane during a 2006 traffic stop in the East Mountains.

The murder happened before New Mexico repealed the death penalty.

http://www.kob.com/article/stories/s2242494.shtml

[AnneTheBelgian]

http://www.therepublic.com/view/story/6c78fd9b322a4afe9d7c45adc466e86e/NM--Death-Penalty/

Supreme Court sets hearing on questions about death penalty in Michael Astorga's murder case

BARRY MASSEY  Associated Press

First Posted: August 18, 2011 - 4:10 pm
   
Last Updated: August 18, 2011 - 4:10 pm

SANTA FE, N.M. — The state Supreme Court will consider whether New Mexico can impose the death penalty on an Albuquerque man for killing a Bernalillo County sheriff's deputy.

The court on Thursday scheduled a hearing for Sept. 1 on legal questions about the upcoming sentencing of Michael Astorga for the 2006 killing of Deputy James McGrane Jr.

Astorga's lawyer says the repeal of the death penalty in 2009 should be considered by a jury in deciding whether to sentence his client to death or life in prison. Astorga was convicted last year.

The court directed lawyers to submit arguments about a state statute that says after a criminal penalty is reduced by a change in law, the amended penalty is to be applied to those not previously sentenced.


















Anne

[AnneTheBelgian]

http://www.krqe.com/dpp/news/crime/attorney%3A-astorga-unfairly-targeted

(with video)

Attorney: Astorga unfairly targeted

State Supreme Court to hear arguments

Updated: Monday, 29 Aug 2011, 10:12 PM MDT

Published : Monday, 29 Aug 2011, 10:12 PM MDT

Reporter: Alex Tomlin

ALBUQUERQUE (KRQE) - Cop killer Michael Astorga is in the fight for his life. Monday was the deadline for Astorga's attorney and the state to tell the State Supreme Court why or why not the death penalty should still be on the table at his sentencing next month.

Astorga's attorney claims the state is unfairly and illegally singling out his client. Now, the State Supreme Court will have to decide if it agrees.

Astorga has fought the death penalty for five years, since being captured in Mexico after murdering Bernalillo County Deputy James McGrane during a traffic stop.

In 2009 the state repealed the death penalty but only for crimes committed after the repeal. Since then Astorga's attorney, Gary Mitchell, has argued it should apply to Astorga too.

"(New Mexico is) the only state to have repealed the death penalty but still keep it in effect for those whose cases were pending at the time,” Mitchell said in an interview earlier this month.

In his argument to the Supreme Court, Mitchell took his fight to a new level. He claims Astorga is being unfairly targeted.

When the legislature did away with capital punishment, there were two men on death row and three more, including Astorga, who could possibly end up there. The repeal didn't affect the men who had already been sentenced, and Mitchell said the state made deals with the other two men to avoided execution.

Mitchell claims Astorga has been singled out by the state and even by powerful politicians who have called for his death.

Former Governor Bill Richardson, just one day after the death penalty was repealed, said, “I support the death penalty in the most heinous of cases, I think Astoria should go to the death penalty.”

Both sides are arguing a state statute saying if a penalty is reduced before a person is sentenced, then they should be sentenced under the new rules.

The state's argument to the Supreme Court claims this doesn't matter because the state made it clear when Astorga was arrested in 2006 that it would go for the death penalty. Therefore death was already on the table when the legislature repealed capital punishment.

Astorga is also fighting to be able to proclaim his innocence at sentencing. The state said he's been convicted, and his sentencing should only be about life or death.

The State Supreme Court will hear from both sides Thursday in Santa Fe. News 13 will be there.














Anne

[AnneTheBelgian]

http://www.newstimes.com/news/article/NM-high-court-hears-Astorga-death-penalty-case-2151060.php

Thursday, September 01, 2011

NM high court hears Astorga death penalty case

RUSSELL CONTRERAS, Associated Press

Published 01:30 p.m., Thursday, September 1, 2011

SANTA FE, N.M. (AP) — The state's highest court has heard arguments about whether an Albuquerque man convicted of murdering of a Bernalillo County sheriff's deputy can be sentenced to death.

A defense attorney for Michael Astorga on Thursday asked the New Mexico Supreme Court to allow him to present new DNA evidence when jurors consider the sentencing.

The court did not immediately make a ruling.

A jury is set to meet next month to decide whether to impose the death penalty on Astorga for the 2006 killing of Deputy James McGrane Jr.

Defense lawyer Gary Mitchell has said the repeal of the death penalty in 2009 should also be a mitigating factor for the jury.

But the state says the repeal doesn't matter since prosecutors said they would seek the death penalty in 2006.
















Anne

[AnneTheBelgian]

http://www.abqjournal.com/main/2011/09/01/news/state-supreme-court-hears-arguments-in-astorga-death-penalty-case.html

UPDATED: State Supreme Court: Astorga Death Penalty Case To Go On

By Russell Contreras / The Associated Press on Thu, Sep 1, 2011

SANTA FE — A jury can consider the death penalty for an Albuquerque man convicted of murdering a Bernalillo County sheriff’s deputy in 2006 despite the state’s 2009 repeal of capital punishment, the New Mexico Supreme Court ruled Thursday.

The state’s highest court issued the ruling after hearing arguments from a defense attorney for Michael Astorga about whether the death penalty should even be considered since state lawmakers voted to repeal it.

Sentencing for Astorga was scheduled to begin Sept. 12. Jurors will have to decide whether to impose the death penalty or life in prison for Astorga, who was convicted in the 2006 killing of Deputy James McGrane Jr.

The state’s death penalty repeal took effect on July 1, 2009, and applied to crimes committed after that date. Astorga was convicted in the slaying nearly a year after the repeal took effect.

The Supreme Court ruled that defense attorney Gary Mitchell cannot call in experts or legislators to testify about the repeal during sentencing. But the high court said it would allow the trial judge to give the jury instructions and to be notified that lawmakers voted on the repeal.

“We are the only state that is facing this problem,” Mitchell told justices, referring to confusion about whether Astorga could be sentenced to death. “When the people change what the state can ask for, the state can no longer ask for it.”

Prosecutors said the repeal was irrelevant in the Astorga case.

“At some point, we have to recognize that we have to have a final judgment,” said Victoria Wilson, a prosecutor with Attorney General Gary King’s office. “A jury has already found (Astorga) guilty beyond a reasonable doubt.”

New Mexico Supreme Court justices did rule that defense attorneys could present new evidence during sentencing but couldn’t change their theory concerning Astorga’s innocence.

Mitchell had told justices that he had planned on introducing new DNA evidence and eyewitness testimony that would cast doubt on Astorga’s conviction.

“There’s no DNA evidence that puts him at the scene of the crime,” Mitchell told justices.

New Mexico has executed one person since 1960, child killer Terry Clark in 2001. Two men remain on death row, and then-Gov. Bill Richardson declined to commute their sentences after he signed the death penalty repeal.

—————————————————————————————————————————————————–

Sept. 1, 2011 12:30 p.m. — State Supreme Court Rules in Astorga Death Penalty Case

SANTA FE — The New Mexico Supreme Court has ruled that attorneys for a man convicted of murdering a Bernalillo County sheriff’s deputy cannot call witnesses to talk about the state’s repeal of the death penalty during sentencing.

A jury is set to meet next month to decide whether to impose the death penalty on Michael Astorga for the 2006 killing of Deputy James McGrane Jr.

The high court heard arguments Thursday before ruling on which witnesses would be allowed to testify during Astorga’s sentencing.

The justices say the trial judge will be allowed to give jury instructions regarding the death penalty and that jurors can be informed that such a punishment can be imposed even though the death penalty was repealed in New Mexico.

State prosecutors say the repeal doesn’t matter since prosecutors said they would seek the death penalty in 2006.

















Anne

[AnneTheBelgian]

http://www.kasa.com/dpps/news/crime/court-gives-cop-killer-small-victory_3930245

(with video)

Court gives cop killer small victory

Astorga's death-sentence hearing may be delayed

Updated: Thursday, 01 Sep 2011, 6:43 PM MDT

Published : Thursday, 01 Sep 2011, 4:41 PM MDT

News Anchor: Deanna Sauceda

SANTA FE (KRQE) - The New Mexico Supreme Court Thursday gave convicted cop killer Michael Astorga's attorney some of what he wanted but refused to drop a death sentence as potential punishment for his client.

Attorney Gary Mitchell argued the people of New Mexico through the Legislature had repealed capital punishment and that Astorga should instead be sentenced to life in prison.

However, the justices sided with prosecutors who said the death penalty was still on the books when Astorga shot and killed Bernalillo County sheriff's Deputy James McGrane Jr. during a traffic stop in Tijeras in 2006.

The repeal of the death penalty took effect in 2009, and a District Court jury in Albuquerque convicted Astorga in March 2010. Under the earlier law, a person convicted of a capital crime would then have a sentencing trial with a new jury deciding whether to impose a death sentence.

The justices did allow Mitchell to tell the sentencing jury that the death-sentence law had been repealed but said he could not call experts or legislators as witnesses to tell jurors Astorga had been singled out for the potential sentence.

The second item Mitchell wanted was to allow new DNA evidence that he says would prove Astorga's innocence.

Justice Patricio Serna quizzed Mitchell on whether there were limits on what he was proposing and it he could be specific about his request.

"Yes," Mitchell replied. "I intend to present evidence of innocence based on new DNA studies and new scientific studies that we have and based on new alibi witnesses that we learned of."

The justices ruled Mitchell could present the new DNA evidence as long as the defense doesn't change its theory concerning Astorga's innocence.

Astorga's attorneys have said all along that it was not Astorga, but someone else who killed deputy McGrane.

The sentencing hearing for Astorga was scheduled to begin Sept. 12. But prosecutors and Mitchell said that could be delayed by weeks because of the Supreme Court rulings.

Even if the jury buys Astorga's argument that he's not the killer--or that the death penalty would be unfair--he'd still get life behind bars.










Photo : The victim Deputy James McGane Jr.









Rest in Peace Deputy McGrane God bless you





Anne

[AnneTheBelgian]

http://www.koat.com/news/29064084/detail.html

Astorga Can’t Go To Mother’s Funeral

POSTED: 2:01 pm MDT September 2, 2011

UPDATED: 2:20 pm MDT September 2, 2011

ALBUQUERQUE, N.M. -- Convicted cop-killer Michael Astorga will not be allowed to attend his mother’s funeral, a judge ruled Friday.

Astorga’s mother, Theresa Romero, died last weekend. He is currently in jail for shooting and killing Deputy James McGrane Jr. in 2006.

Astorga may still face the death penalty even though New Mexico repealed corporal punishment in 2009. A jury will decide whether or not he should be put to death.

Jury selection begins Sept. 12.















Anne

[AnneTheBelgian]

http://www.abqjournal.com/main/2011/09/08/news/astorga-penalty-phase-lacks-jurors.html

Astorga Penalty Phase Lacks Jurors

By Scott Sandlin / Journal Staff Writer on Thu, Sep 8, 2011

The penalty phase of the murder case against Michael Paul Astorga – asking jurors to decide life or death – has hit a major stumbling block that threatens to derail the second part of the death penalty trial.

The issue, put simply, is not enough jurors.

The court sent summonses to almost 1,000 prospective jurors, calling them in 250 at a time to complete a 30-page questionnaire about attitudes toward the death penalty and knowledge of the Astorga case, among other issues.

The crime – the fatal shooting of Bernalillo County sheriff’s Deputy James McGrane Jr. during a “routine” traffic stop in 2005 – has gotten extensive publicity from the day it occurred through Astorga’s trial over a year ago.

He was convicted of committing the crime, but under a procedure established by the New Mexico Supreme Court, separate juries are tasked with deciding on guilt or innocence and with imposition of the appropriate penalty.

The latest problem in attempting to seat a jury for the penalty phase is that there simply aren’t enough potential jurors who don’t have strong opinions one way or the other.

Here are the numbers:

Of the 1,000 or so summonses sent out by court staff, about 520 responded.

“Out of that, we’re looking at approximately 16 percent that qualify to be questioned, and probably we’ll get rid of half of those,” District Attorney Kari Brandenburg said Wednesday.

She said the number has been whittled to about 60 people who can be called in for questioning, and attorneys estimate about only 30 of those will be called back for more close questioning.

“A lot seem polarized on the death penalty. … It’s very extreme. Most people are not undecided, and that’s the problem,” she said. “This is important. When you’re taking somebody’s life, you can’t cut corners.”

Astorga’s attorney Gary Mitchell couldn’t be reached for comment.

The penalty phase is scheduled to begin Monday, but Brandenburg said Mitchell is preparing a motion for a change of venue based on the responses to the questionnaires. That motion is likely to be heard Monday instead of actual jury selection.

— This article appeared on page C1 of the Albuquerque Journal


















Anne

[AnneTheBelgian]

http://www.chron.com/news/article/Astorga-death-penalty-case-moved-delayed-2166441.php

Monday, September 12, 2011

Astorga death penalty case moved, delayed

RUSSELL CONTRERAS, Associated Press

Updated 12:21 p.m., Monday, September 12, 2011

ALBUQUERQUE, N.M. (AP) — The sentencing phase for an Albuquerque man convicted of murdering a Bernalillo County sheriff's deputy is moving out of Bernalillo County.

Judge Neil Candelaria granted a request Monday from Michael Astorga's attorney to change venues for a jury selection hearing and rescheduled the trial for March.

Defense attorney Gary Mitchell argued that too any potential jurors in Bernalillo County knew about the case and that Astorga may not get a fair trial.

Jurors have to decide whether to impose the death penalty or life in prison for Astorga, who was convicted in the 2006 killing of Deputy James McGrane Jr. nearly a year after a state repeal of the death penalty took effect.

The state's highest court ruled last week that Astorga could still face the death penalty.















Anne

[AnneTheBelgian]

http://www.kob.com/article/stories/S2450585.shtml?cat=504

Astorga jury hears from officer who processed deadly bullet

Posted at: 01/12/2012 10:58 AM

By: Chris Ramirez, KOB Eyewitness News 4

The murder trial of Michael Astorga continued Thursday with testimony from a forensic scientist who processed the bullet that killed Candido Martinez of Albuquerque.

Astorga is on trial for killing Martinez in 2005 in an argument over a car. His trial was moved to Las Cruces after his defense said Astorga couldn’t get a fair trial in Albuquerque.

Astorga has already been convicted of killing Bernalillo County Sheriff’s Deputy James McGrane during a traffic stop in 2006. The death penalty phase in that trial is scheduled to begin this April in Santa Fe.

Michael Haag, a forensic scientist for APD who processed the bullet used to kill Martinez, testified Thursday that the bullet likely ricocheted off of a car and landed in Martinez's head.

Next on the stand Thursdsay will be a retired detective who worked for BCSO at the time of the murder and who was one of the primary investigators in this case.

We are also expecting to hear from the OMI investigator who processed Martinez’s body sometime Thursday afternoon.































Anne