The government intends to bring evidence at trial that proves hair found on Pojoaque Pueblo Lt. Gov. Linda Diaz’s car belonged to the pedestrian she allegedly killed on Highway 84/285 in Pojoaque, according to court documents.
A notice was filed Aug. 18 in federal District Court stating that state Department of Public Safety forensic scientist Kristin Radecki will testify during Diaz’s November trial that hair found on the damaged windshield of Diaz’s Mercury Grand Marquis belonged to Phillip Espinoza. The 31-year-old Chimayó man’s body was found the morning of April 4 on the side of the highway. He died of multiple blunt force injuries, according to an autopsy report.
Diaz has been charged with leaving the scene of an accident involving death.
On April 5, Diaz called Pojoaque Tribal Police and admitted to doing “something very bad,” according to a Santa Fe Sheriff’s Department report.
Diaz’s attorney Sam Winder has said the government won’t be able to prove Diaz knew she struck Espinoza.
Former Santa Fe Sheriff’s deputy Dennis O’Brien, who reconstructed the accident, will also testify, according to the notice. O’Brien was a deputy at the time. U.S. Attorney Greg Fouratt said he couldn’t comment on any information O’Brien would introduce about where in the road Espinoza was walking at the time of the collision.
State Office of the Medical Investigator forensic pathologist Dr. Ross Zumwalt, who performed Espinoza’s autopsy, will also testify. The notice states Zumwalt will testify toxicology tests were done on Espinoza’s blood. According to the autopsy report released by the Office, Espinoza had a blood alcohol concentration level of .10 in his vitreous (eye) fluid, indicating intoxication, the report states.
A witness told police that Diaz drank several beers at Club Tropicana in Española and at a Pojoaque residence before getting behind the wheel that night, according to a search warrant filed in the case. Since Diaz turned herself in at least a day after the incident, police were not able to verify whether she was drunk at the time of the incident.
Winder has not said whether Espinoza’s intoxication will be used to defend his client.