SANTA FE, N.M. (AP) — A New Mexico judge postponed a murder trial after learning a defense attorney was in contact with people who contracted COVID-19.
District Judge Maria Sanchez-Gagne called a mistrial Monday after learning of the contact involving the attorney for defendant Mark Hice, The Santa Fe New Mexican reported.
Hice, 24, of Ojo Caliente was charged with first-degree murder and 21 other counts tied to an October 2018 shooting that killed 18-year-old Cameron Martinez and wounded three others.
Hice’s trial began Monday with jury selection and was to be the first case in the First Judicial District since the start of the COVID-19 pandemic.
Defense attorney Sheri Raphaelson informed Deputy Chief District Attorney Blake Nichols she was exposed to COVID-19 patients 11 days earlier while working as a midwife.
Sanchez-Gagne called the mistrial after Nichols informed the court of the exposure.
Raphaelson said the judge found her in contempt of court and accused the defense attorney of endangering jurors and other participants.
Raphaelson disclosed her contact with patients at a quarantine site to a sheriff’s deputy who screened her at the courthouse entrance and allowed her to enter, she said.
Raphaelson said she wore full personal protective gear during her volunteer work with patients.
“Medically, this wouldn’t even be considered exposure,” Raphaelson said. “I was just trying to give complete answers.”
A new trial date was not immediately set. But Raphaelson said the judge informed her the delay could not be used in an argument that her client's right to a speedy trial was violated.
For most people, the coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. But for some — especially older adults and people with existing health problems — it can cause more severe illness, including pneumonia, and death.
