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Defense motion claims DA employee lied to investigator in homicide case

Kai Porter
October 19, 2017 07:29 PM

ALBUQUERQUE, N.M. – The defense attorney for a man who allegedly stabbed an Albuquerque father to death in March is asking a judge to throw the case or to assign a new prosecutor.

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Police say several witnesses identified Muhammed Ameer as the suspect who murdered Aaron Sieben during the fight at a Northeast Heights gas station.

As it turns out, Grace Fonseca, one witness to the stabbing, works for the district attorney's office, a development which the defense claims is a conflict of interest. The defense is also claiming the prosecutor violated Ameer's rights.

According to the defense’s motion, Fonseca – who works as a prosecution specialist – lied to an investigator from the public defender's office.

The motion states, “she said she was another person when he attempted to serve her with a subpoena at her home to appear for a pretrial interview."

The motion further states that Fonseca told the investigator "she was instructed by (Assistant District Attorney) Les Romaine that she did not have to accept any subpoena and she did not have to talk to anyone.”

The motion argues that “the district attorney in this case caused a denial of due process, by the prosecutorial bias formed by the witness being an employee of the prosecutor's office."

The district attorney has 10 days to file a response to the motion from the defense before the judge will rule on it. Meanwhile, the DA’s office provided KOB with the following statement:

“We will file a response, and this is another attempt to delay this case as evidenced by their lack of effort to request pretrial interviews and retaliation for a motion filed by prosecutors to show the Court that the defense did absolutely no work on this case from April 20, 2017 thru August 4, 2017, when our office sent a request for pretrial interview dates and times.”

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Kai Porter

Copyright 2017 KOB-TV LLC, a Hubbard Broadcasting Company. All rights reserved

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