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

[AnneTheBelgian]

http://www.krqe.com/dpp/news/crime/jury-selection-begins-in-astorga-case

Jury selection begins in Astorga case

Updated: Monday, 09 Apr 2012, 11:34 AM MDT

Published : Monday, 09 Apr 2012, 11:34 AM MDT

SANTA FE (AP) - Jury selection was scheduled to begin Monday in the sentencing phase of a trial of a man convicted of killing a Bernalillo County deputy.

Jurors will be asked to sentence Michael Paul Astorga to life in prison or to death, even though New Mexico repealed the death penalty in 2009.

The state Supreme Court ruled that he was eligible for the death penalty since the crime occurred before the repeal. The court ruled that it applied to crimes committed after July 1, 2009, when the repeal took effect.

His attorney, Gary Mitchell, said he will present new evidence, including DNA evidence that he says will prove his client's innocence. District Attorney Kari Brandenburg said she will call witnesses to prove the aggravating circumstances required to impose the death penalty.

Astorga was convicted in the 2006 killing of Deputy James McGrane Jr. Jurors in Las Cruces found Astorga guilty of second-degree murder, tampering with evidence and being a felon in possession of a firearm in connection to the death of 27-year-old Candido Martinez over a car back in 2005. That trial moved to Las Cruces after a judge ruled Astorga wouldn't get a fair trial in Albuquerque.

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. More states are looking to New Mexico on how to handle executions after the death penalty is repealed, The Albuquerque Journal reported (http://bit.ly/Ia2t4E ).

In Connecticut, lawmakers brought up New Mexico last week when they debated, then passed, a state bill repealing the death penalty.





Anne

[AnneTheBelgian]

http://www.koat.com/news/new-mexico/albuquerque/4-tapped-for-Astorga-jury-pool-so-far/-/9153728/10519952/-/m8vxqu/-/

4 tapped for Astorga jury pool so far

UPDATED 9:15 AM MDT Apr 11, 2012

ALBUQUERQUE, N.M. -

Wednesday is the third day of jury selection in the death penalty phase of the Michael Astorga case.

Jury selection could end up being a long process because only four people have been selected for a jury pool of 60. From those 60 people, a jury will be seated.

Astorga was convicted of killing Bernalillo County deputy James McGrane Jr. in 2006.






Photo : The murderer Michael Paul Astorga






Anne

[AnneTheBelgian]

http://www.lcsun-news.com/las_cruces-news/ci_20624227/jurors-deliberating-astorgas-nm-death-penalty-trial

Jurors deliberating in Astorga's NM death penalty trial

By The Associated Press

Posted:   05/15/2012 07:36:31 AM MDT

SANTA FE - Jurors on Monday began deliberating whether to allow prosecutors to seek the death penalty in the case of a man convicted of murdering a Bernalillo County sheriff's deputy.

The prosecution and defense delivered their closing arguments in the case of Michael Astorga after more than two weeks of testimony. It will be up to jurors to decide whether the prosecution proved the aggravating circumstances required for the state to seek the death penalty.

Astorga's attorney, Gary Mitchell, continued to argue that his client did not kill the deputy.

"This is a new jury," Mitchell said during closing arguments. "This is a new presentation far greater than what any jury has ever heard with more witnesses, more clarity and frankly more information."

Mitchell attacked the state's evidence during his closing arguments. He contends there's no evidence that Astorga's pickup truck was ever pulled over the night Deputy James McGrane was killed in the mountains east of Albuquerque.

Astorga was convicted of the 2006 killing of the deputy during a traffic stop. He faces life in prison or death, even though New Mexico repealed the death penalty in 2009. He is eligible for the death penalty since the crime occurred before the repeal.

District Attorney Kari Brandenburg said jurors should use their own common sense about what had happened, the Albuquerque Journal reported (http://bit.ly/JRBaYZ). Brandenburg argued that Astorga lied on the stand about possessing a gun, and she mocked what she called his "psychic abilities" that led him to flee to Mexico before he was identified as a suspect.

Astorga was convicted in 2010.

By Monday afternoon, jurors had sent several questions to state District Judge Neil Candelaria. They asked if Astorga would get a life sentence if they did not find the required aggravated circumstances. The judge answered yes.






Anne

[k"KKK"hirschkorn]

That question says it all....

[AnneTheBelgian]

http://www.abqjournal.com/main/2012/05/18/abqnewsseeker/astorga-jurors-express-concern-for-their-safety.html

Friday, May 18, 2012

Astorga Jurors Express Concern for Their Safety

By ABQnews Staff on Fri, May 18, 2012

POSTED AT: 9:37 am

Jurors in the penalty phase of the Michael Astorga trial came out of deliberation this morning to ask the court about personal safety after their decision.

At about 9 a.m., jurors expressed concerns about their personal safety after they announced their decision, and they wanted to know what the court would do to assure their protection.

The jury began deliberating again this morning at about 8:30 a.m. on whether to penalize Astorga with the death penalty for the 2006 killing of Bernalillo County Sheriff’s Deputy James McGrane.

Jurors have been in deliberation since Wednesday.






Anne

[JTiscool]

Jurors should always be hidden. No other way around it. That way, Sore losers like the scumbag they convict can't do horrible things to them.

Too bad they can't execute him ASAP.

[AnneTheBelgian]

http://www.krqe.com/dpp/news/crime/jurors-signal-theyre-close-to-verdict

Michael Astorga gets life

Jury could not agree on death penalty

Updated: Friday, 18 May 2012, 1:34 PM MDT

Published : Friday, 18 May 2012, 1:05 PM MDT

Alex Tomlin

ALBUQUERQUE (KRQE) - After three days of deliberating a jury has reached a verdict in the death penalty case against Michael Astorga, sentencing him to life in prison.

On Friday the jury said they were unable to unanimously agree on the death penalty for Astorga who was convicted of murdering Bernalillo County Deputy James McGrane back in 2006.

Earlier in the day Friday, jurors sent a note to the judge expressing concern for their safety and asked the judge if court officers would escort them out of the courthouse when they were done.

The defense took their note as an opportunity to request a mistrial, saying jurors could be making a decision out of fear, something they are not allowed to do.

The judge rejected that claim, saying the jury knew the case was high profile and affirmed they could be fair in deciding verdict.

If Astorga was sentenced to death he would have joined Robert Frye and Timothy Allen on New Mexico’s Death Row.

Astorga will not be eligible for parole until he is 73 years old, the defense says they will appeal that.





Anne