Sentencing phase begins in Astorga case

SANTA FE (KRQE) - Michael Astorga was back in court Monday waiting to hear if he will be put to death for killing a sheriff's deputy .

The sentencing phase in the now infamous murder case began Monday in Santa Fe.

The first group of potential jurors were questioned and more than 3,000 people were sent questionnaires to see if they could be fair in this case.

Astorga murdered James McGrane Junior during a 2006 traffic stop making him eligible for the death penalty.

Since the state repealed the death penalty in 2009, Astorga will have to have a second sentencing trial with a separate jury to decide his fate.

It will take weeks for both sides to decide on a jury and Defense Attorney Gary Mitchell made it clear Monday morning he already has concerns about who may be trying to get on the jury.

He showed the court a blog posted on another media site where someone has posted how to fool attorneys and claim to be in partial in the hopes of getting on the jury and quote "send him to the gallows."

“Whenever you can have a small group of people who so hate other people that they can go out and tell people how to get on a jury so they can kill somebody, there is something totally un-American about that and insane about it,” Attorney Mitchell said.

District Attorney Kari Brandenburg says she can understand the concerns.

“I wasn't aware of it and I can see why he would be very concerned with it I think that the process and the individual vior dire would be able to get all that information out,” Brandenburg said.

There was also a disagreement about who Mitchell may want to testify in this case

If Astorga is not sentenced to death, he still faces life in prison.