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State v. House11/20/1997
asonable inference that the requisite juror impartiality could not be obtained for a third trial in Taos County. See Williams, 774 P.2d at 155-56.
{116}Prospective jurors in the first mistrial made several statements indicating their belief that the case had racial or emotional overtones which led them to sympathize with Defendant. These statements by individual Taos residents also support the inference that there were "fixed opinions" which would frustrate any further attempt to seat an impartial jury at a third trial in Taos County.
{117}In addition, the voir dire from the two prior mistrials, which involved detailed juror questionnaires and individual sequestered voir dire of some prospective jurors, supports a reasonable inference that, even with such protective measures in place, the voir dire of a third Taos County jury pool would be no more reliable than the other evidence that the trial court already had accumulated in the record regarding public excitement and local prejudice in Taos County. See 1980 ABA Standards, supra 8-3.3. Some jurors appeared to be guided toward "the right answer" by the lawyers' leading questions. Others indicated that they wanted to serve on the jury to have "input" on the case even though they had already formed opinions about it. Many prospective jurors expressed ambivalence about their opinions, vacillated back and forth on the question of whether they could be impartial, or insisted they could be fair and impartial even though they had strong opinions about the case. Under these circumstances, the trial court did not abuse its discretion in moving Defendant's third trial from Taos County.
D. Conclusion
{118}Because I would not find an abuse of discretion where the trial court followed the correct legal standard for granting a change of venue under Section 38-3-3 and premised its ruling on detailed factual findings which are amply supported by substantial evidence, I respectfully Dissent from the majority's Conclusion that it was reversible error to move Defendant's third trial from Taos County. I concur in the majority's affirmance of Defendant's DWI conviction.
M. CHRISTINA ARMIJO, Judge
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