Bevan v. Santa Fe County et al

Filing 395

ORDER DENYING MISTRIAL by District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
AIMEE BEVAN, as Personal Representative
of the Estate of Desiree Gonzales, deceased,
Plaintiff,
vs.

Civ. No. 15-73 KG/SCY

GABRIEL VALENCIA, Youth Development
Administrator, Individually, MATTHEW
EDMUNDS, Corrections Officer, Individually,
JOHN ORTEGA, Corrections Officer,
Individually, MOLLY ARCHULETA, Corrections
Nurse, Individually, and NATHAN PAUL
UNKEFER, M.D.,
Defendants.
ORDER DENYING MISTRIAL
This matter comes before the Court upon Plaintiff’s oral motion for a mistrial made on
September 18, 2018, during the trial of this case. For the reasons stated on the record, including
that (1) Plaintiff objected to Mr. Mark Komer’s inclusion of certain allegations in his opening
statement, albeit after Mr. Komer concluded his opening statement; (2) the Court informed the
jury prior to Mr. Komer’s opening statement, through the reading of the Preliminary Jury
Instructions, copies of which the jury has during trial, that opening statements and argument of
counsel are not evidence; and (3) the final jury instructions will, likewise, inform the jury that
argument of counsel is not evidence, the Court denies Plaintiff’s oral motion for a mistrial.
IT IS SO ORDERED.

________________________________
UNITED STATES DISTRICT JUDGE