During his argument to the court, defense counsel discussed what Canas had told Detective Shawn and argued that Canas' statement that the shooter was bald was exculpatory because his client had short hair. {33} Defendant was charged and convicted of conspiracy to commit a first-degree depraved-mind murder. He claims that the testimony came out during defense counsel's examination of Detective Shawn, during which defense counsel asked Shawn an open-ended question about one of his interviews. He took pride in everything he did and everything he did was for his sons. 2. Moreover, Defendant did not demonstrate that had his counsel moved for a continuance until Canas could be located, the motion would have been granted. This rule expressly requires that the proffered statement have equivalent circumstantial guarantees of trustworthiness. I believe that Ortiz had a motive to lie and therefore his statement lacked circumstantial guarantees and was inherently untrustworthy. Trujillo was a member of Ozzy Osbourne's band for a number of years starting in the late 1990s. When he just-when like-they just started shooting when he said, Juaritos. When he said, I could be anywhere I want, Juaritos, they just started shooting. For further information contact Arvin Trujillo, CEO Four Corners Economic Development at (505) 5663702 or by email at atrujillo@4cornersed.com. Pound was taken to the hospital and removed from. We review each of Defendant's allegations of prosecutorial misconduct individually in addition to considering their cumulative effect. See Sutphin, 107 N.M. at 131, 753 P.2d at 1319. The State initially proffered the out of court statements under Rule 11-803(E) NMRA 2002. Do you see one of those people in the courtroom today? Although we did not have an extensive analysis on this issue and we noted that the defendant did not persuade us otherwise, we recognized that the district court found that the circumstances of the original statement, the proximity in time to the shooting itself, all are indicia of reliability in that statement. Id. {18} With respect to ambiguity, we conclude that there is no danger that the meaning intended by Ortiz will be misinterpreted because the taped statement was played to the jury and the jury had the opportunity to interpret Ortiz's statement themselves rather than rely on some other witness's interpretation.
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