Supreme Court protects juror from testifying in Lunsford case

LAS CRUCES — The case against Brad Lunsford, a former Las Cruces police officer seeking a new trial after being convicted earlier this year of voluntary manslaughter, can move forward after the state Supreme Court lifted a stay on proceedings Monday afternoon.

The high court also ordered New Mexico’s 3rd District Court to quash an order that a member of the jury that convicted Lunsford be called to testify as Lunsford’s defense seeks a new trial.

Lunsford, 39, was convicted in the 2022 killing of 36-year-old Presley Eze during an altercation at a gas station, after officers removed Eze from his vehicle in the course of an investigation.

Matthew Chandler, who took over as Lunsford’s attorney following his conviction, argued that the court had made errors involving the substitution of two jurors and other procedural details, for which state District Judge James Foy accepted responsibility during a March hearing. Foy declined to overturn the jury’s verdict.

Chandler also argued that the jury’s foreperson had concealed views hostile to police during jury selection and sought the juror’s testimony at a public hearing. Foy ruled that the juror would give testimony in camera, a proceeding excluding the public or press.

State prosecutors requested that the Supreme Court pause the proceedings and order a permanent seal on records identifying the juror, who became a target of community harassment, and to protect the juror from giving testimony.

“The justice system must protect those who serve their communities as jurors,” state Attorney General Raúl Torrez’s office stated in a court petition. “If it fails to do so, jurors will not be free to return verdicts based solely on the evidence before them, without fear of public retribution.”

The Justices unanimously agreed to seal portions of the record that would disclose the juror’s identity, and a 4-1 majority directed the trial court to quash any order requiring the juror to testify. Justice Michael Vigil dissented from that order, but there was no court opinion explaining his objection.

The second order also lifted the stay on proceedings, allowing Lunsford — who is free on bond with restrictions on his travel — to proceed with his case for a new trial.

Chandler was in court Tuesday and did not respond to a request for comment.

“Protecting the finality and integrity of a jury’s decision is essential to maintaining public trust in our criminal justice system,” Torrez stated in a new release. “Jurors must be able to deliberate freely, without fear of being called to testify or having their identities exposed after a verdict is rendered. This ruling sends a clear message that those protections matter.”