Judge refuses to declare mistrial in Davon Lymon case


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

There were reports that during the trial, the juror spoke about the case to others, prompting 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. 

The court heard testimony Friday that at one point the trial, the juror said her husband attempted to speak with her about the case through text messages. She claims didn’t discuss the case further.

The juror testified that she told another person about the scenario at a birthday party.

That person who heard the story is the said to have repeated the juror’s story at a social event, or mixer at a bar.

The Albuquerque city clerk, who was also at the bar for a Hispanic Bar Association law student event, overheard the story. The clerk then told Supreme Court Chief Justice Nakamura, also at the event, about the alleged jury misconduct who then reported the information to the Second Judicial District Court Judge.

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

“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. 

“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 a juror on the case. 

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

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