Judge refuses to declare mistrial in Davon Lymon case

Davon Lymon was supposed to be sentenced Friday for the murder of Albuquerque Police Officer Daniel Webster. Instead, a juror from the trial took the stand to answer questions about her actions. 

The purpose of the hearing shifted after the court was made aware of a report that during the trial, a juror spoke about the case to others. The scenario prompted the defense to ask for a new trial. 

No cameras were allowed in the hearing Friday. Lymon, who was convicted last month, is facing life in prison without parole in sentencing for the case.

The court heard testimony Friday that at one point the trial, the juror in question said her husband attempted to speak with her about the case. The juror testified that she didn’t discuss the case with her husband.

The juror also testified that while at a birthday party, she told another person about the conversation between her and husband. That other person who heard the juror’s story was Albuquerque City Clerk Amy Duhigg. 

After the trial finished, Duhigg is then said to have reported the juror’s story to New Mexico Supreme Supreme Court Chief Justice Judy Nakamura as a possible situation of juror misconduct. Duhigg and Nakamura were at a local bar attending a mixer-social event put on by the Hispanic Bar Association law student group. Upon learning about the possible juror misconduct situation, Nakamura reportedly relayed the information to the Second Judicial District Court.

Ultimately, the judge decided that what happened wasn’t enough to warrant a mistrial.

KRQE News 13 spoke to Lymon’s defense attorney’s following Friday’s decision.

“The hearing raised more questions than it answered. You know the…there was, we believe, pretty serious inconsistencies between the lawyer who was bound to report this and the juror who…screwed up,” defense attorney Tom Clark said. 

The New Mexico Attorney General Office, which is prosecuting the case, said it agrees with the judge’s decision and is looking forward to sentencing.

“What I think is most important is about sentencing, is that this will be the opportunity for…the Webster the family to say what they need to say,” David Carl with the Attorney General’s office said. 

Judge Neil Candelaria also denied a motion by the state to admonish Davon Lymon who, through a family member, has apparently been trying to contact another juror on the case. 

The judge also set sentencing for the case for the afternoon of Tuesday, May 7. Lymon is already serving time in federal prison for gun charges connected to the Daniel Webster shooting.

Copyright 2019 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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