258 P.3d 474
N.M. Ct. App.2011Background
- Defendant Manuel Turrietta, BBK member, was convicted of murder in the second degree with a firearm enhancement, shooting at or from a motor vehicle resulting in great bodily harm, aggravated battery with a deadly weapon, and tampering with evidence stemming from a 2006 gang-related shooting in Albuquerque.
- Victim Alberto Sandoval, a West Side gang member, was killed after a verbal exchange at a gas station/grocery store parking lot; Defendant claimed self-defense.
- Prior to trial, Defendant moved to compel disclosure of witnesses’ gang affiliations and motives for cooperation, seeking suppression of related testimony and materials under Brady and NM rules.
- The State sought to quash subpoenas for confidential informants and moved for courtroom closure during certain informant testimony due to threats against witnesses; a protective order was entered to redact unrelated gang files.
- The district court conducted an in camera review, redacted gang files, and allowed partial courtroom closure during Torrez and Morales testimonies while keeping some attendees in the courtroom for safety.
- Jury convicted Defendant; post-trial, Defendant challenged the closure as a Sixth Amendment/public-trial violation and Brady/revealed material-evidence suppression, plus cumulative-error claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Partial courtroom closure and public trial right | State: closure necessary for witness protection due to gang threats. | Turrietta: closure violated public-trial rights under U.S. and NM constitutions. | No Sixth Amendment violation; closure narrowly tailored for safety. |
| Brady suppression of favorable evidence | State did not suppress; any informant deals were disclosed; no material Brady violation. | Turrietta contends undisclosed gang files and deals impacted guilt. | No Brady violation; no proof of suppressed material affecting guilt. |
| Cumulative error | No cumulative-error impact since individual issues not reversible. | Errors aggregate to deny a fair trial. | No cumulative error; convictions affirmed. |
Key Cases Cited
- In re Oliver, 333 U.S. 257 (U.S. 1948) (public-trial guarantee applies to states; protects against persecutorial use of courts)
- Waller v. Georgia, 467 U.S. 39 (U.S. 1984) (partial closures require substantial reasons and narrowing to protect interests)
- Presley v. Georgia, 130 S. Ct. 721 (Supreme Court, 2010) (public-trial rights; partial closures must be justified and open where possible)
- Davis v. Reynolds, 890 F.2d 110 (10th Cir. 1989) (partial-closure standard; reasonable alternatives considered)
- Feazell v. State, 111 Nev. 1446, 906 P.2d 727 (Nev. 1995) (witness safety can justify closure for protection)
- Ayala v. Speckard, 131 F.3d 62 (2d Cir. 1997) (requirement to consider alternatives to closure)