Jury set to mull Fierro case for third day

Sep 30, 2009 Read more: The Santa Fe New Mexican 145
Photo: Carlos Fierro talks with his attorney, Jason Bowles, after it was announced that the jury did not have a verdict Wednesday. Read more
Jus sayin

Albuquerque, NM

#53 Oct 1, 2009
I'm disgusted at the "poor kid" slant to the story. It has nothing to do with the case and is a thinly veiled attempt to muster support and sympathy for the slimy defendant. Shame on you, New Mexican.
Read the law

Santa Fe, NM

#56 Oct 1, 2009
Another example of what your DA "Spence" is not doing correctly.

http://www.riograndesun.com/articles/2009/09/...

“Jimmy Tha Most”

Since: Sep 08

Sangre De Cristos

#58 Oct 1, 2009
The writing has been on the wall on this case since the beginning. Who else has ever been locked up in the drunk tank with their cell phones? Who else has ever been arrested for dwi where the case was never prosecuted? Who else has ever successfully argued that the victim, a pedestrian walking across a street with a 20 mph speed limit, was a "substantial contributor" to his own death? Yes. The victim is obviously guilty of being hit by a drunk LAWYER. The DA's office so badly handled this case, they all need to be tossed into the RGR. Off the RGB. Only in New Mexico. It's the way wee doo et. "New Mexico. Not much different than the old one".

“Jimmy Tha Most”

Since: Sep 08

Sangre De Cristos

#59 Oct 1, 2009
Luckily for your embarrassment and mine, this story hasn't gone national yet... New Mexico is already the laughing stock of the rest of the country in so many ways...
kwijibo

AOL

#60 Oct 1, 2009
Nancy R in KC wrote:
<quoted text>
Susan, was he thinking of his daughter even when he went out drinking? A professional man with a prestigious job and some reputation in the community goes out drinking, for gods sakes? No, you just don't do that.
Duhhh....Most of those guys go out drinking plenty. It's certainly done here!
Concerned

Los Alamos, NM

#62 Oct 1, 2009
Poor Rock, see what you have caused!
republikansbite

Las Vegas, NM

#63 Oct 1, 2009
Question: what is taking them so long?

Answers 1: They are trying to get the free lunch.

Answer 2: the fix is in.
KittenInChrist

Los Alamos, NM

#64 Oct 1, 2009
Wow wrote:
All this proves is that "justice" is for those that can afford it....If you pay big $$$ you get a "fair" trial. Poor idiots that can't afford good legal defense. Don't blame the cops, don't blame the DA's office blame yourselves, as society doesn't teach respect any more. Respect is a lost virtue that is tearing the fabric of society. That lost respect shows when idiots get behind the wheel drunk and disregard the safety of others.
Amen to that, "Wow"!
I love how everybody is an arm-chair lawyer these days. You sit at home at your comfy computer and have the audacity to judge the DA's office. Have you called their office, asked to speak to a DA and get the other side, before you blast them? These people work on a salary that most of you would laugh at, NOT because they can't earn better, but because they believe in supporting the community. Have you seen the number of cases they have to deal with EACH DAY, when numerous lawyers like Fierro's are ALL paid a fortune to focus just on this one case? He who has the money wins, believe me. We pay one sports star millions of dollars a year, yet we expect the entire legal system of Santa Fe, horribly overworked and underpaid, to function on a tiny fraction of that amount. Guess we know where our priorities are, don't we? Entertainment, not law and order, is king. No, the DA's office isn't perfect, but they're doing the best job they can, especially when their resources are spread so thin. Threaten to replace Angela (Spence) Pacheco all you want, but it won't solve a thing. No, she's not perfect. But she's darned good, and she believes in what she's doing; otherwise, she wouldn't be working for such lousy pay. Replace her, and you'll wind up with someone else of equal or lesser caliber and someone who would have to take time to build up to the experience and awareness that Ms. Spencer has already accumulated. Quit focusing on the dedicated people who are trying their best, and focus on changing the laws that limit them so much instead!
Megan

Albuquerque, NM

#65 Oct 1, 2009
Totally agree. Plus her little comment about the penalty for jaywalking was the worst thing she could say. That plays right into the hands of the defense!
Citizen wrote:
The New Mexican will probably delete this because they don't want to upset Ana Pacheco-the DA's sister who works there. That's why they delete negative comments about the DA-all in the family.
The public has completely lost sight about what this is about!
The DA presented an absolutely horrible case. She couldn't even get the step-down charge of Aggravated DWI right since his blood/breath result is over .16.
The problem is that the DA tried this case as a "simple" DWI with a death. This case is so much more than that.
She had to prove "causation" (BEYOND A REASONABLE DOUBT) in that she had to prove that Mr. Tenorio's death was a forseeable result of Fierro's actions and that Tenorio's actions did not significantly contribute to his own death. The DA failed in this regard.
One of many Examples: througout the trial and during closing arguments she comes out waving Tenorio's BLACK CLOTHES around in front of the jury. Are you kidding me???? In her stupid attempt to be dramatic, she built in reasonable doubt by doing this.
This DA has no idea what she is doing.
As guilty as Fierro is and as horrible and tragic the death of Mr. Tenorio is, the real crime is in the way the DA completely botched this case from the outset.
At the very best, the DA and the community should hope for a hung jury. Then, maybe your DA will go to a class to learn how to be a prosecutor and come back and do her job correctly in a second trial.
At the worst, Fierro walks on the vehicular homicide and leaving the scene and only does 90 days for simple DWI.
Either way, Santa Fe: Wake up and realize that no matter how strong your sentiments are on criminal activity in our community, the DA is inept, ill-equipped and incompetent to prosecute even "simple" cases. Don't blame Fierro's defense lawyers-they are just doing their job.
Blame the DA and her team of defense lawyers that don't know how to be PROSECUTORS!
Dee

Albuquerque, NM

#66 Oct 1, 2009
I have started a poll on whether we believe the Rio Chama overserved Fierro and Lavato. I am shocked that they were not cited after reading the long list of alcohol in the paper. Please if you have a moment. Lets make ourselves heard.
BMR

Albuquerque, NM

#67 Oct 1, 2009
Dee
I agree 100%. Rio Chama should be held responsible. Bartenders caryy cards saying they are qualified.

Enough is enough!
Medium Lebowski

Santa Fe, NM

#68 Oct 1, 2009
Citizen wrote:
The New Mexican will probably delete this because they don't want to upset Ana Pacheco-the DA's sister who works there. That's why they delete negative comments about the DA-all in the family.
The public has completely lost sight about what this is about!
The DA presented an absolutely horrible case. She couldn't even get the step-down charge of Aggravated DWI right since his blood/breath result is over .16.
The problem is that the DA tried this case as a "simple" DWI with a death. This case is so much more than that.
She had to prove "causation" (BEYOND A REASONABLE DOUBT) in that she had to prove that Mr. Tenorio's death was a forseeable result of Fierro's actions and that Tenorio's actions did not significantly contribute to his own death. The DA failed in this regard.
One of many Examples: througout the trial and during closing arguments she comes out waving Tenorio's BLACK CLOTHES around in front of the jury. Are you kidding me???? In her stupid attempt to be dramatic, she built in reasonable doubt by doing this.
This DA has no idea what she is doing.
As guilty as Fierro is and as horrible and tragic the death of Mr. Tenorio is, the real crime is in the way the DA completely botched this case from the outset.
At the very best, the DA and the community should hope for a hung jury. Then, maybe your DA will go to a class to learn how to be a prosecutor and come back and do her job correctly in a second trial.
At the worst, Fierro walks on the vehicular homicide and leaving the scene and only does 90 days for simple DWI.
Either way, Santa Fe: Wake up and realize that no matter how strong your sentiments are on criminal activity in our community, the DA is inept, ill-equipped and incompetent to prosecute even "simple" cases. Don't blame Fierro's defense lawyers-they are just doing their job.
Blame the DA and her team of defense lawyers that don't know how to be PROSECUTORS!
Another thing they could have done was only charge the vehicular homicide. Then if the jury hangs, you can at least retry the case because double jeopardy does not attach.
Dee

Albuquerque, NM

#69 Oct 1, 2009
A poll has been started on whether you think the Rio Chama should have been cited. Please make your vote be heard.
Lame

Albuquerque, NM

#70 Oct 1, 2009
Dee wrote:
A poll has been started on whether you think the Rio Chama should have been cited. Please make your vote be heard.
Heard by who precisely? Prosecutions are based on evidence not by a "vote" of the peanut gallery.
Resident

Albuquerque, NM

#72 Oct 1, 2009
He is so guilty. Years ago we were driver and a little boy about 6 ran out right in front of the car and my husband was going 25 mph and the boy had no injurys. Was totally fine. You have the be going damn fast to kill someone. Drinking or not he is guilty!
Mike

AOL

#73 Oct 1, 2009
Hey Rock or no rock a person is dead a drunk person is impaired if he thought a rock hit him why did they leave you have a State police that knows or is trained to rendor aid what a comment and to not look at the overall accident a person is dead if all people cross the street and were hit would it not be someone at fault the person driving should stop for pedestrians or face the consequences look at the facts no one wins bad situation if he was so close with his daughter why was he out getting drunk did his daughter not need him then lets get real.
Not Likely

Albuquerque, NM

#74 Oct 1, 2009
Lame wrote:
<quoted text>
Heard by who precisely? Prosecutions are based on evidence not by a "vote" of the peanut gallery.
I think if they would have cut Fierro off like they were supposed to perhaps somebody wouldn't have been killed. I am so sick of those of you that post clueless, nuts, etc. This is a serious crime and I think it could have been avoided. So get off you arrogant self indulgent high horse.
Dee

Albuquerque, NM

#75 Oct 1, 2009
Lame wrote:
<quoted text>
Heard by who precisely? Prosecutions are based on evidence not by a "vote" of the peanut gallery.
Heard by whomever made the choice not to sight them..who do you thin? I don't know if you've been keeping up but the trial is just about over so this poll isn't going to have an impact on the trial. But there are many of us that read this long list of alcohol that was overserved to Mr. Fierro...so I ask again why weren't they sited? I'm pretty sure alot of us are sick of the arrogance and ignorgance Mr. Fierro's friends and family have shown throughout this whole fiasco. You notice that nobody has talked much about Mr. Lavato? Because his family knows enough to shut up and quit leaving ridiculous comments on why it isn't his fault.
Dee

Albuquerque, NM

#76 Oct 1, 2009
That is cite not sight.
Dee

Albuquerque, NM

#77 Oct 1, 2009
BMR wrote:
Dee
I agree 100%. Rio Chama should be held responsible. Bartenders caryy cards saying they are qualified.
Enough is enough!
I am a server and there is no way I would have served him that much alcohol. There is no way our manager would have let him be served that much alcohol and quite frankly I'm surprised the defense didn't even bring that up. When you're that intoxicated it is up to those serving you to cut you off....perhaps for your own good. This is a prime example.

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