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Defense Lawyers Allege Misconduct By The Prosecution In APD Case

Special prosecutor Randi McGinn waits to deliver opening statements on Monday, Sept. 19.
Juan Labreche / Associated Press

Defense attorneys filed a motion on Wednesday, Sept. 28, alleging misconduct by the prosecution in the trial of two former Albuquerque police officers who shot homeless camper James Boyd.

The motion says prosecutors have misrepresented evidence, defied the court’s orders and "pushed the boundaries of prosecutorial ethics and professionalism."

It calls out special prosecutor Randi McGinn’s opening statement, saying promises about what the evidence would show were proven wrong. The motion also accuses the prosecution of asking witnesses leading questions and coaching witnesses improperly.

Dominique Perez and Keith Sandy are charged with murder and face 15 years in prison.

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FULL TEXT of the motion

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Marisa Demarco began a career in radio at KUNM News in late 2013 and covered public health for much of her time at the station. During the pandemic, she is also the executive producer for Your NM Government and No More Normal, shows focused on the varied impacts of COVID-19 and community response, as well as racial and social justice. She joined Source New Mexico as editor-in-chief in 2021.