Christopher Smelser case heads to trial after years of hearings and motions
Check the Sun-News website, lcsun-news.com, for live updates on the Christopher Smelser trial from July 11 to 22.
LAS CRUCES - Two-and-a-half years after the man he detained died in his custody, Christopher Smelser will face a jury destined to decide if he is guilty of murder.
Before the two weeks of testimony commence Monday, the court made a few things clear.
Third Judicial Judge Douglas Driggers said there will be no signs or clothing with statements such as “Justice for Tony,” referring to the victim, Antonio Valenzuela, in the courtroom.
More: Smelser's attorney says jury could be tainted after victim's sister called for jury duty
Conversely, the only uniformed police officers allowed in the courtroom will be those on duty. Friends and coworkers of Smelser, a former Las Cruces Police Department officer, will not be allowed to stuff the court with uniforms. Prosecutors said they feared such action would intimidate the family and the jury.
The warnings and rules end at the courtroom doors. Or, in this case, at the end of the 3rd Judicial District Courthouse parking lot. Across Main Street, organizers with NM CAFé plan to host a protest in support of Valenzuela’s family at Albert Johnson Park.
On Monday, attorneys representing Smelser, 29, and attorneys representing the State of New Mexico will start the trial in earnest. The process launches two weeks of a scheduled trial set to end on July 22.
Smelser restrained and choked Valenzuela, 40, during a police encounter in the early morning hours of Feb. 29, 2020 on the 200 block of 3 Crosses Avenue. Valenzuela died later that morning.
More: Smelser trial locks in for mid-July after judge tosses request for dismissal
In July 2020, the New Mexico Attorney General's office took over the prosecution of the case and AG Hector Balderas announced Smelser would be charged with second-degree murder.
Smelser was first scheduled to go on trial in July 2021, but court proceedings were delayed at least three times, including once to accommodate his attorney's vacation plans.
In hearings leading up to the trial, attorneys have raised issues with evidence and jury selection procedures. For example, Assistant Attorney General and the case’s lead prosecutor Zack Jones wanted to include photos of Valenzuela’s body to support testimony about the cause of his death. But Driggers said he could have one or the other — but not both. Jones chose the testimony.
Smelser’s attorney, former 3rd Judicial District Attorney Amy Orlando, raised concerns about a mishap in the jury selection process. Because the case is high profile, Driggers implemented a unique method for jury selection. First, dozens of residents received questionnaires to assess their knowledge of the case and their feelings about the police. Then, from that large pool, the lawyers could select the 12 jurors and two alternate jurors destined to decide Smelser’s fate.
As luck would have it, the court called Valenzuela’s sister for jury duty. After 15 minutes in the courtroom filling out the questionnaire, the sister sought out court staff to reveal her kinship. Still, Orlando said in a motion that the incident could’ve tainted the jury pool. Jones disagreed. Ultimately, Driggers settled the matter by moving the jurors who may have met the sister to the end of the line. Those jurors would only be selected if all the other jurors were deemed unfit.
More: Smelser trial moved to March 2022 to accommodate attorney's New Zealand trip
The court started the proceedings early. They selected a jury on Friday, July 8.
After hearing opening arguments Monday, the jury will hear testimony from at least 32 witnesses and experts. Additionally, body cameras of officers involved in the chase, drone footage of the area, and photos of Valenzuela’s body are some exhibits Jones and Orlando plan to present.
The schedule for the trial, while not set in stone, will likely start with prosecutors taking the first week to present their case. Then, at the closing of their presentation, likely on Friday, the defense attorneys will take center stage to present their case. Finally, jury deliberations will most likely occur on July 21 or 22 until the jury reaches a verdict.
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Justin Garcia covers public safety for the Las Cruces Sun-News. He can be reached via email at JEGarcia@lcsun-news.com.
This article originally appeared on Las Cruces Sun-News: Christopher Smelser case heads to trial after hearings, motions
