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State v. House2/24/1999
a single prior conviction of driving while intoxicated from magistrate court in McKinley County, New Mexico, in December 1987.
{8} The accident and all its consequences became one of the most widely publicized cases in New Mexico history. Within days of the accident, newspapers reported that many members of the public reacted with outrage and demanded tougher DWI laws. The accident, and the defendant himself, became figureheads for those who were urging more punitive DWI laws in New Mexico. Statements by members of the victims' families were frequently reported by the media. Nadine Milford, Melanie Craven's mother, was the subject of a feature on national television.
{9} House's family, members of the Navajo nation, and others publicly decried the news coverage and prosecutorial tactics as racist and one sided. The advocacy of attorneys for both the prosecution and the defense made for colorful reportage.
{10} Editorialists heatedly expostulated about the case. Newspaper readers frequently expressed their opinions in letters to the editor. Talk show listeners expressed their feelings. Human interest portraits were published about almost anyone who had any relationship with any of the people involved in the accident. The evening TV news and front-page news stories covered even minor developments in the case. As reported by the news media, the court, on more than one occasion, felt compelled to issue gag orders to the parties in the case, forbidding them from making statements to the news media. Even these orders provoked litigation which itself became newsworthy. Inevitably, the media coverage itself became an inextricable part of the story.
{11} The Criminal Complaint was filed on July 13, 1993. In addition to charges of vehicular homicide, great bodily injury by vehicle, driving while intoxicated, reckless driving, and eluding an officer, the prosecution brought charges of first-degree depraved-mind murder. On September 22, 1993, House submitted to this Court a Verified Petition for Extraordinary Writ, asking that we order the State to proceed no further in the first-degree-murder prosecution. We denied the writ. The trial court held a preliminary hearing on the matter. Upon hearing the evidence, Honorable Frank H. Allen Jr. dismissed the depraved-mind-murder charges on October 27, 1993. Public reactions of outrage and relief were duly reported.
{12} Both the prosecution and the defense became concerned that House could not receive a fair trial in Bernalillo County because of the extensive pretrial publicity. House made a motion, unopposed by the State, for a venue change. On March 23, 1994, Judge Allen changed the venue of the trial to Taos County.
{13} Amid extensive print and broadcast coverage, the first of the Taos trials began on June 6, 1994. On June 21, 1994, the jury convicted House on the misdemeanor charge of driving while intoxicated but declared that it was deadlocked nine to three in favor of conviction on all the remaining counts including the vehicular homicide counts. News of the hung jury incited a furious round of media attention. The court entered an Order declaring a mistrial on the remaining six counts on June 28, 1994.
{14} The prosecution made a public avowal to seek a retrial and, on July 29, 1994, filed a Motion for Change of Venue in which the District Attorney stated that it was impossible for the State to receive a fair trial in Taos County. This motion was opposed by House. The motion to change venue was denied on August 23, 1994. State v. House, CR-93-1693, slip op. (N.M. Dist. Ct. Aug. 23, 1994) (Findings of Facts and Conclusions of Law re: States Motion to Change Venue)
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