Judge denies a new trial for Astorga

ALBUQUERQUE (KRQE) - A district court judge denied Michael Astorga's request for a new trial Tuesday.

Gary Mitchell, Astorga's attorney, argued in front of Judge Neil Candelaria   that his client deserved a new trial because of lack of evidence and massive pre-trial publicity.

Mitchell said he was "deeply disappointed" with the guilty verdict.

He told the judge that high-profile cases put too much pressure on jurors to reach guilty verdicts, and that coupled with lack of evidence were reason enough to give Astorga a new trial.

"If this wasn't Michael Astorga and this wasn't a deputy sheriff, this case in my legal experience, would have been hands down an acquittal in any courtroom in the state," Mitchell said.

But the judge disagreed, and said that there was no evidence Astorga received an unfair trial. Judge Candelaria said it wasn't his job to reweigh the evidence, and that it would be improper for him to say whether the jury was wrong or right in their decision to find Astorga guilty last month.

"I don't feel that anything indicates that Astorga didn't get a fair trial," said the judge during the hearing.

""I feel great, I mean I think that's the right decision," said the victim's father, Jim McGrane. "Gary Mitchell talks about all the publicity in this case, but he created most of it."

Mitchell also questioned allowing the Bernalillo County Sheriff's Office to provide court security when one of its deputies, James McGrane Jr., was the victim of the murder. Astorga was convicted of shooting the deputy during a traffic stop in Tijeras in March 2006.

But Candelaria pointed out that it is law sheriff's offices are to provide security for district courts, and that no deputy on the McGrane murder was allowed to work the trial.

Astorga now faces either life in prison or a death sentence as determined by a new jury in a separate hearing, which Astorga's attorney, Gary Mitchell, said he plans to fight as well.

State prosecutors said more than 200 jurors were questioned before a jury was selected, and the judge agreed. Judge Candelaria said that there was no evidence Astorga did not get a fair trial, and denied the request for another chance.

There is an automatic appeal to the Supreme Court on the murder conviction.

"That always concerns me," said McGrane. "But we just have to keep our hopes up; that's all."

Another jury will be selected this fall to decide whether Astorga deserves the death penalty for his sentence, but Mitchell said he plans to file for a change of venue for that phase.

"I should've won this case," Mitchell said. "It should've been an acquittal, now to ask me to go in front of...the same county, to the same people again, I think is really unfair."