ALBUQUERQUE, N.M. (KRQE) – With the murder trial just months away against two former Albuquerque police officers for the shooting death of homeless camper James Boyd, KRQE News 13 has learned more on what the State does not think a jury should be allowed to hear from the defense.
This comes two years after former officers Dominique Perez and Keith Sandy shot Boyd in the back, killing him as he turned away with two knives in his hands.
The special prosecutor has filed 65 pages of paperwork detailing what evidence the jury should and should not hear, including what the men told an investigator days after the shooting.
While the prosecution plans to play parts of Sandy’s police interview, they don’t believe the defense can do the same.
“If the defense wishes to have their clients’ stories heard, they may put their clients on the stand,” a motion from the prosecution states.
That would, of course, allow the state to question them too during cross-examination.
The prosecution also wants to block other APD officers who testify from weighing in on questions that the jury is ultimately supposed to answer, like were the men acting in self-defense? Was it justified? Would another officer have shot Boyd under similar circumstances?
“A police officer who is charged with murder is not entitled to a jury of police officers; that police officer’s fate is decided the same way in which every other defendant’s fate is decided: by a jury of ordinary citizens,” the prosecution wrote in a motion to the judge.
These issues will be raised in a hearing scheduled for July 28.
KRQE News 13 reached out to the defense attorneys on Monday. They did not comment.