Second trial begins in bicycle death

ALBUQUERQUE (KRQE) - A woman accused of killing a man on a bicycle is back in court, facing vehicular homicide charges again after her first trial ended in a mistrial.

Last year a jury could not come to a decision on Miranda Pacheco's fate, so the judge called a mistrial.

Witnesses say Pacheco was speeding in march of 2010 when she lost control of her car on Paseo del Norte, crossed three lanes of traffic, went over an embankment, through a fence and killed David Anderson who was on a bike path some distance from the road.

Pacheco claimed another driver cut her off.

Monday morning judge Denise Barela shepherd heard motions from both sides.

The prosecution asked to have Pacheco's own admission of speeding to be allowed in court.

This time around, the victim's wife will not be allowed to give emotional testimony of future plans with her husband.

The judge was given new evidence from the defense, a video depicting the crash. she will be watching it and deciding if she'll allow it.

One issue is new barriers were added along Paseo since the crash.

“For a video re-enactment to be admissible, the situation has to be identical or very similar to testimony for supporting the facts in the re-enactment and this is just far too distinct from the testimony,” prosecutors said.

Opening statements are expected to be made Monday afternoon.

Prosecutors said during the first trial the hung jury was 11 to one to convict Pacheco for vehicular homicide.