Court officials expect first-degree murder charges against a Cortez woman to be reduced to second-degree murder.<\/p>\n
At a scheduled bond hearing on Wednesday, Oct. 9, District Court Judge Todd Plewe told Valerie Espinoza, 38, that a grand jury indicted her earlier in the week with a single count of second-degree murder for the stabbing death of 62-year-old Charles Chaves. A motion to drop the initial first-degree murder charge is expected.<\/p>\n
\u201cThis case has a taken a different posture,\u201d said Judge Plewe.<\/p>\n
Judge Plewe informed Espinoza, her hair pulled back into a ponytail, that instead of a life sentence, the new lesser Class 2 felony carries an eight- to 24-year prison term, if she\u2019s convicted. Because of the new filing of charges, Judge Plewe rescheduled the bond hearing for 11 a.m. Oct. 21.<\/p>\n
The charges stem from a Sept. 19 stabbing on the 200 block of S. Madison Street that resulted in the victim\u2019s death. Court records reveal the victim suffered from seven stab wounds to his upper body during the early-morning attack.<\/p>\n
Court records reveal a roommate discovered the victim lying on his bed \u201cgasping for air.\u201d The roommate told police that he recovered a bloody butcher knife from the defendant before she left the scene.<\/p>\n
During Wednesday\u2019s proceedings, public defender Amy Smith argued that defense counsel should be present during police photo lineups. She said her presence at the lineups would allow her to better defend her client.<\/p>\n
\u201cThis is necessary to protect Ms. Espinoza\u2019s constitutional rights to a fair trial,\u201d Smith argued.<\/p>\n
District Attorney Will Furse disagreed, saying it was impractical to expect law enforcement to wait for defense counsel to drive some 50 miles from Durango to attend such photo lineups.<\/p>\n
\u201cThe defense can question witnesses at trial about any influence law enforcement may have had on a witness during a photo identification lineup,\u201d he said.<\/p>\n
Judge Plewe sided with prosecutors, saying he based his ruling on the constitution rather than any inconveniences that law enforcement may encounter if the defense motion was granted.<\/p>\n
\u201cThe U.S. Supreme Court has ruled that there is no right for defense counsel at photo lineups,\u201d he said.<\/p>\n