#ORBIT STROLLER TRIAL#

'It makes you wonder what's going to happen with rules on deadlines,' Coronado told the Sun-News.

#ORBIT STROLLER TRIAL#

Jose Coronado, Castrillo's attorney, said he was ready to go to trial but questioned the Supreme Court's decision and raised concerns about possible precedent. 'The district court abused its discretion when it excluded the state's exhibits,' the court's order said. The state Supreme Court unanimously decided that Driggers was in the wrong. 'I am resigning because the caseload for me and the other prosecutors in our office is so large that I cannot successfully prosecute the cases assigned to me,' Sewell wrote in his letter of resignation. Sewell, one of the office's top prosecutors for years, resigned from the DA's office shortly after the mistrial. The Supreme Court announced they would consider the prosecutor's arguments and allowed Driggers to declare a mistrial before clawing the case away from the 3rd Judicial District Court. Judge Douglas Driggers listens to witness testimony during the Christopher Smelser trial at the 3rd District Court on Wednesday, July 13, 2022. 'I thought I had emailed the exhibits to the court, but when I received the court's order of exclusion, I checked and checked, and I realized I had not sent the email that I thought I sent,' Sewell said during a hearing in 2021. Upon realizing this, Sewell said he sent the exhibits the following day. Sewell told Driggers that he'd typed out the email and attached all the necessary exhibits but forgot to hit send.

The items included 911 calls, photos of bruises, a recording of the defendant's statements and cell phone records. Sewell had been tasked with sending the Driggers copies of the exhibits.

However, a week before jury selection, former Las Cruces prosecutor Daniel Sewell announced to the court that he'd missed an already extended deadline. Recounting the motions and hearings before the appeal Dozens of news stories, television reports, and viral videos highlighted details of the case during the three years between Baby Favi's death and Castrillo's first trial.Īfter three years in legal limbo, Castrillo's trial began in September 2021.

Castrillo, who is accused in the death of 2-year-old Faviola Rodriguez last year, will remain out on bond.Īs the case against Castrillo progressed, the public came to know the victim as Baby Favi. Lalo Castrillo appeared in Third Judicial District Court, Thursday, Aug. In an affidavit, police accused Castrillo of beating Faviola to death, then trying to obscure the death. Police accused Castrillo of abusing and ultimately killing 2-year-old Faviola Rodriguez in 2018. Lalo Anthony Castrillo, 27, remains charged with intentional abuse of a child resulting in death and tampering with evidence. The Supreme Court also said that 3rd Judicial District Judge Douglas Driggers abused his discretion when he banned prosecutors from using exhibits like 911 calls and photographs in the trial as punishment for missed deadlines. After over a year of delay, the move sets the stage for a new trial with a new judge. LAS CRUCES – The New Mexico supreme court removed a Las Cruces judge from overseeing a high-profile child abuse case on Wednesday. Her mother's then boyfriend Lalo Anthony Castrillo IV is charged with one count of intentional child abuse resulting in death, related to Faviola's death. A glimpse of the life of baby Faviola Nova Rodriguez, who died when she was just 2-years-old of blunt force trauma.

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