DEMING, N.M. — Isaias Lobato-Rodriguez is appealing his second-degree murder conviction on five grounds, including that holding the trial during a pandemic hampered the transcription of the trial, therefore eliminating his right to a fair trial.
Isaias Lobato-Rodriguez
A jury convicted Lobato-Rodriguez, 57, of the second-degree murder of Connie Lopez, 57, of Lake Placid, Fla., following a four-day trial that ended Aug. 20, 2020. They deliberated for just an hour. He was charged in district court with first-degree murder. District Judge Jarod Hofacket sentenced Lobato-Rodriguez to 15 years in prison, the maximum sentence for second-degree murder in New Mexico, during a hearing on Nov. 2, 2020.
On Nov. 10, 2020, Hofacket appointed the public defenders office to appeal Lobato-Rodriguez’s conviction, according to the docket. On Dec. 21, 2020, his attorney, George Harrison, filed a docketing statement with the court of appeals, contending that five issues in the case were grounds for a new trial:
Harrison previously motioned for a mistrial on three grounds, repeated in the appeal — the Fifth Amendment statement, the improper interpreting and the denials of motions to suppress. Hofacket denied that motion.
Harrison wrote in the docketing statement that he hired a certified Spanish interpreter to compile a “complete interpretation” of Lobato-Rodriguez’s testimony.
“The interpreter filed an affidavit with the district court,” Harrison wrote. “The affidavit states, among other things, that the quality of the audio recording of Mr. Lobato-Rodriguez’s testimony during trial is so poor that a proper interpretation would not be possible.”
Harrison wrote in the docketing statement and other motions that there was an improper translation, where Lobato-Rodriguez mumbled that he thought the victim told him he would “be dead that day.”
Harrison wrote that the rules for a jury trial during a pandemic meant the jurors were seated in the audience section of the courtroom, the family of the victim, Harrison and Lobato-Rodriguez were in the jury box, with their backs to the jury, and everyone was wearing masks.
Two Spanish interpreters translated during the trial for Lobato-Rodriguez and one juror.
“The COVID rules in effect made for great difficulty hearing potential jurors during voir dire and understanding witnesses called to the stand during trial testimony,” Harrison wrote.
No hearings have been set in the appeal and no responses have been filed by prosecutors.
On March 17, 2017, Isaias Lobato-Rodriguez, of Florida, allegedly tied a belt around Connie Lopez’s neck, strangling her in the front seat of her rented mini-van, two miles east of Hachita in Grant County, according to a statement of probable cause.
He allegedly told two Border Patrol agents, one of whom found Lopez’s body, that she was going to kill him and his family and that he was with other people in a berm in the desert. The agents could find neither footprints nor signs of anyone else.
According to Lobato-Rodriguez’s trial testimony, Lopez was driving him to his home in Mexico. Lobato-Rodriguez is a Mexican national.
DEMING, N.M. — Isaias Lobato-Rodriguez received the maximum sentence for strangling a woman outside Hatchita in 2017, after spending over three years in jail awaiting trial.
Isaias Lobato-Rodriguez
A jury found him guilty of the second-degree murder of Connie Lopez, 57, of Lake Placid, Fla., following a four-day trial that ended Aug. 20, 2020. They deliberated for just an hour. He was charged in district court with first-degree murder.
During a hearing on Nov. 2, 2020, District Judge Jarod Hofacket sentenced Lobato-Rodriguez to 15 years in prison, the maximum sentence for second-degree murder in New Mexico.
Lobato-Rodriguez is appealing his conviction and a notice of appeal was filed on Nov. 23, 2020. He is being represented by the appellate division of the Law Office of the Public Defender.
An improper comment by prosecutor Matthew Bradburn, during opening statement over Lobato-Rodriguez asserting his right to remain silent, citing the 2007 case State v. Rodriguez.
A failure to correct an improper translation in which Lobato-Rodriguez mumbled that he thought the victim told him he would “be dead that day.”
The denial of a previous motion to suppress, previously denied twice by the judge.
Hofacket denied that motion to reconsider, noting that he had previously been asked to consider each of the motions individually and previously denied all three.
The judge took issue with assertion by Harrison that Lobato-Rodriguez used the phrase “be dead that day.” He wrote:
“The interpreter informed the Court that she had heard the Defendant say something along the lines of ‘because you’ll be dead’ in reference to why he would not see the mountain again. She stated that she did not understand what he said and asked him to repeat his response. When he repeated his response, he did not make that statement.
In reviewing the Defendant’s trial testimony, this interaction did not occur. The Court is at a loss to explain why the court appointed interpreter would assert that it did. All of the testimony regarding the mountain, on direct and on cross is transcribed (unofficially from the audio recording) above.”
Hofacket wrote that the blame appears to fall with Harrison, when the interpreter was questioned by the judge and the two attorneys. He wrote:
“Defense counsel stated that it was his understanding that the victim said ‘you’re going to be dead.’ Only then did the interpreter change her testimony from the direct response to the Court’s question and said that she did hear the Defendant say something along the lines that he was going to be dead, but that he mumbled, so she asked for the Defendant to repeat himself.
This did not occur and the interpreter’s recollection of the trial testimony is incorrect.”
• A jury found Isaias Lobato-Rodriguez guilty of second-degree murder • His attorney wants a mistrial for three issues, including a lack of a self defense instruction
DEMING, N.M. — A Florida man is asking for a mistrial, after a jury found him guilty of second-degree murder for the strangling death of a woman outside Hachita in 2017.
The jury foundIsaias Lobato-Rodriguez guilty of second-degree murder on Aug. 20, 2020, following a four-day trial and a single hour of jury deliberation, according to logs of the trial.
• An improper comment by prosecutor Matthew Bradburn, during opening statement over Lobato-Rodriguez asserting his right to remain silent, citing the 2007 case State v. Rodriguez.
• A failure to correct an improper translation in which Lobato-Rodriguez mumbled that he thought the victim told him he would “be dead that day.”
• The denial of a previous motion to suppress, previously denied twice by the judge.
A hearing on the motion to reconsider is set for 10 a.m., Oct. 26, 2020, along with his sentencing hearing.
On March 17, 2017, Isaias Lobato-Rodriguez, of Florida, allegedly tied a belt around Connie Lopez’s neck, strangling her in the front seat of her rented mini-van, two miles east of Hachita in Grant County, according to a statement of probable cause.
He allegedly told two Border Patrol agents, one of whom found Lopez’s body, that she was going to kill him and his family and that he was with other people in a berm in the desert. The agents could find neither footprints nor signs of anyone else.
Harrison wrote in this motion that telling the jury that Lobato-Rodriguez asserted his right to remain silent was not a harmless error. Specifically, Bradburn said:
“Agent (Moises) Mascorro then went to the Deming State Police office which is where Mr. Lobato Rodriguez has been taken from the scene. He got brought back from there to Deming and he wasn’t free to leave, and he he he was the suspect I mean, that’s it, and so, Mr. Agent Mascorro did engage in conversation with Mr. Lobato Rodriguez and Mr. Lobato Rodriguez asserted his right to remain silent.”
The prohibition on mentioning a defendant asserting his right to remain silent has existed since the Miranda rights were established and is “well known to all attorneys,” Harrison wrote.
“There is no reason to mention exercising Miranda rights in opening statement other than to prejudice the defendant,” he wrote.
After Bradburn made the statement, Harrison moved for a mistrial, which the judge denied.
In a response to the motion to reconsider, Bradburn wrote that the judge “fully considered” the objection and request for a mistrial and evaluated it according to another 2007 case, State v. Pacheco, and the judge offered a “curative instruction” which Harrison objected.
“The Court fully considered this issue on more than one occasion during trial and made its ruling,” Bradburn wrote. “There is nothing asserted by the defendant in his Motion to Reconsider to justify the Court reversing its trial ruling.”
Translation error
Harrison wrote that Lobato-Rodriguez said the victim, Connie Lopez, told him “he would be dead that day.” The interpreter did not translate the phrase during the “case in chief” and the statement was “essential to the defense theory of the case.”
“The interpreter did interpret other statements of the defendant which had much different meaning without that statement. Counsel for the defendant told the Court that some statements were not being interpreted but could not tell the substance. The defendant had no way to know his statement was not translated for the jury,” Harrison wrote.
Interpreter Heidi Swanson tried to clarify the problem later, outside of the presence of the jury. Harrison wrote, from the tapes of the trial:
“-Heidi Swanson interpreter: The interpreter needs to clarify statement of earlier what have done I was interpreting for Mr. Lobato he was asked am about and when he was going to go with Mrs. Connie, Ms. Connie; and about the mountains and I don’t remember know exactly what the whole statement that was asked, but he said that he was going to go and that she asked him to look to the right to see that beautiful or the pretty mountains and because he was never going to see it again and then at that point he said mumbled something and the interpreter I asked for repetition he was asked for repetition but he did not repeat the same statement so interpreter I just interpreted what he had said which he did not repeat the part which where she said that he was not going to see the mountains anymore because he was going to be dead and so that part was not repeated for Mr. Lobato and so the interpreter did not repeat that part.”
Bradburn said in closing statements that Lobato-Rodriguez did not say Lopez posed a threat, Harrison wrote.
“The State conceded that the omitted testimony would change the course of the trial during argument to correct the interpretation,” Harrison wrote.
Judge Jarod Hofacket also denied a a self defense jury instruction, Harrison wrote.
Bradburn wrote in response that Hofacket found Lobato-Rodriguez “had a full and fair opportunity to testify on cross examination” and on re-direct.
“Whatever the claimed shortcomings of the court interpreter, the defendant and his attorney had a complete opportunity to communicate the defendant’s version of events to the jury,” Bradburn wrote. “Noteworthy in this connection, the defendant only articulated this claim to the Court after the close of all evidence in the case. ”
Motion to suppress
Harrison also raised a previous motion to suppress that had been twice denied before, where he argued that Lobato-Rodriguez was in custody when he was questioned by U.S. Border Patrol agents.
“This is a Mexican National who came to a Border Patrol Agent and admitted he was here illegally. He was not free to go. He was ordered to sit on the ground. At trial the Court learned that the statements made to the first officer were not I killed her but an untranslatable phrase. Further questioning after being detained by border Patrol should be suppressed. When mirandized he requested an attorney,” Harrison wrote.
Bradburn wrote in response that the judge “should decline the defendant’s invitation to second guess itself” and the motion presented no new issues.
SILVER CITY, N.M. — A Florida man is set to go to trial on a charge of murder in August, assuming he does not take a plea deal during a pre-trial video conference set for July 27, 2020.
Lobato-Rodriguez’s murder trial had previously been set back after his attorney left the case to take a job with the state and after issues with an expert interpreter. He was initially interrogated by Border Patrol agents in Spanish, the subject of a motion to suppress.
His trial had previously been set for Oct. 7, 2019, a date that was vacated after his new attorney, Chico Gallegos, filed a motion to continue the jury trial. He wrote that it “became clear” that he needed to hire an expert witness to translate what was said in English, and in Spanish, for the various communications between border patrol agents and Lobato-Rodriguez.
On June 5, 2020, the court clerk entered an amended notice of a pre-trial conference and plea hearing set for 1 p.m., July 27, 2020, done via video conference. The hearing is set for 15 minutes.
It is not clear from the court documents and filings if Lobato-Rodriguez plans to plead guilty or if it is a perfunctory hearing before the trial. The hearing is set for 15 minutes.
According to the docket, most of the previous pre-trial conferences have also been labeled as plea hearings.
He allegedly told two Border Patrol agents, one of whom found Lopez’s body, that she was going to kill him and his family and that he was with other people in a berm in the desert. The agents could find neither footprints nor signs of anyone else. Based on evidence at the scene, it appeared the two had been traveling west from Florida.
On April 7, a preliminary hearing was held. The judge ordered Lobato-Rodriguez, who declared to the agents that he is in the country illegally, be bound over on a charge of first-degree murder.
On April 19, 2017, prosecutors filed a criminal information in District Court charging him with first-degree murder. On Aug. 20, 2020, a jury found him guilty of second-degree murder following a four-day trial and one hour of jury deliberations.
On Nov. 2, 2020, Judge Jarod Hofacketsentenced Lobato-Rodriguez to the maximum for second-degree murder: 15 years. He gave him credit for time already served in jail while awaiting a trial, 3 years, 7 months and 17 days, bringing down the total amount of time he still has to serve to 11 years, 4 months and 14 days.
Border Patrol Agent John Enriquez was driving to Hachita to get acquainted with the area because he had just transferred over, March 17, 2017. On his drive, two miles east of Hachita, he saw a grey Chrysler mini-van parked on the side of the road. He kept on driving.
He turned around, parked, and approached the vehicle, Mascorro wrote, referring to his conversation with Enriquez.
“As got close to the driver, he noticed it was a female with a belt around her neck,” Mascorro wrote. “She was deceased.”
The woman would later be identified as Connie Lopez, of Lake Placid, Fla., with a hotel reservation in El Paso, Texas.
While he was calling in the situation to his dispatchers, he was allegedly approached by Lobato-Rodriguez, who allegedly told Enriquez he is an illegal alien.
Shortly thereafter, Border Patrol Agent Adrian Garcia arrived to help Enriquez.
“Mr. Rodriguez mumbled to them, stating he killed her because she was going to kill his family,” Mascorro wrote. “He also stated there were other people traveling with him in a white pick-up. and some were hiding in the berm in the desert.”
Garcia told Mascorro much the same, although he described the mumbling as being “really fast.” He also said that Lobato-Rodriguez allegedly said he killed Lopez because she was going to kill him and his family, not just his family.
After he mumbled about her going to kill him, Garcia handcuffed him and read him his Miranda rights.
“Agent Garcia went and looked for tracks but was only able to locate Mr. Rodriguez’s tracks,” Mascorro wrote.
Mascorro found documents in the vehicle belonging to Lobato-Rodriguez as well and they also indicated he lived in Florida, like Lopez. Mascorro did not specify if Lopez and Lobato-Rodriguez were in a relationship or if they were traveling together.
“Documents inside the vehicle showed Connie Lopez was traveling from Florida on March 15, 2017 heading westbound,” Mascorro wrote.
After the agents took Lobato-Rodriguez to the State Police Office in Deming, Mascorro tried to interview him, but Lobato-Rodriguez said he wanted an attorney present. This ended the conversation because he had asserted his Miranda rights.
According to Lobato-Rodriguez’s trial testimony, Lopez was driving him to his home in Mexico.
Pathologist Veena Singh and Forensic Pathology Fellow Rebecca Asch-Kendrick wrote in the report that there was other evidence of strangulation as well.
Missed trial dates
On April 7, 2017, a preliminary hearing in the case was held and Lobato-Rodriguez was ordered bound over to district court on a charge of first-degree murder.
Harrison filed a second motion to suppress on Aug. 13, 2018, again focusing on the interrogation by the two border patrol agents. On Aug. 21, 2018, Hofacket again denied the motion to suppress and wrote that Harrison had not presented new evidence or new circumstances.
On Aug. 22, 2018, Harrison filed a motion to withdraw because he got a job working for the state of New Mexico.
On Oct. 3, 2019, Lobato-Rodriguez’s new attorney, Chico Gallegos, filed a motion to continue the jury trial, set for Oct. 7, 2019. He wrote that it “became clear” that he needed to hire an expert witness to translate what was said in English, and in Spanish, for the various communications between border patrol agents and Lobato-Rodriguez.
Plea hearing/trial date
On Dec. 4, 2019, a jury trial was set for August 17 through 21, 2020, and a pre-trial conference for July 20, 2020, at the district court in Deming.
On Jan. 21, 2020, the judge set a plea hearing and pre-trial conference for July 27, 2020, at the district courthouse in Silver City.
On June 5, 2020, the court clerk entered an amended notice of a pre-trial conference and plea hearing set for 1 p.m., July 27, 2020, done via video conference. The hearing is set for 15 minutes.
It is not clear from the court documents and filings if Lobato-Rodriguez plans to plead guilty or if it is a perfunctory hearing before the trial. The hearing is set for 15 minutes.
According to the docket, most of the previous pre-trial conferences have been also labeled as plea hearings.
The jury foundLobato-Rodriguez guilty of second-degree murder on Aug. 20, 2020, following a four-day trial and a single hour of jury deliberation, according to logs of the trial.
After the verdict his attorney, Harrison, filed a motion for a new, giving three reasons in his motion:
• An improper comment by prosecutor Matthew Bradburn, during opening statement over Lobato-Rodriguez asserting his right to remain silent, citing the 2007 case State v. Rodriguez.
• A failure to correct an improper translation in which Lobato-Rodriguez mumbled that he thought the victim told him he would “be dead that day.”
• The denial of a previous motion to suppress, previously denied twice by the judge.
On Nov. 2, 2020, Hofacket sentenced Lobato-Rodriguez to the maximum for second-degree murder: 15 years. He gave him credit for time already served in jail while awaiting a trial, 3 years, 7 months and 17 days, bringing down the total amount of time he still has to serve to 11 years, 4 months and 14 days.
Appeal
On Nov. 10, 2020, Hofacket appointed the public defenders office to appeal Lobato-Rodriguez’s conviction, according to the docket. On Dec. 21, 2020, Harrison filed a docketing statement with the court of appeals, contending that five issues in the case were grounds for a new trial:
Harrison previously motioned for a mistrial on three grounds, repeated in the appeal — the Fifth Amendment statement, the improper interpreting and the denials of motions to suppress. Hofacket denied that motion.
Harrison wrote in the docketing statement that he hired a certified Spanish interpreter to compile a “complete interpretation” of Lobato-Rodriguez’s testimony.
“The interpreter filed an affidavit with the district court,” Harrison wrote. “The affidavit states, among other things, that the quality of the audio recording of Mr. Lobato-Rodriguez’s testimony during trial is so poor that a proper interpretation would not be possible.”
Harrison wrote in the docketing statement and other motions that there was an improper translation, where Lobato-Rodriguez mumbled that he thought the victim told him he would “be dead that day.”
Harrison wrote that the rules for a jury trial during a pandemic meant the jurors were seated in the audience section of the courtroom, the family of the victim, Harrison and Lobato-Rodriguez were in the jury box, with their backs to the jury, and everyone was wearing masks.
Two Spanish interpreters translated during the trial for Lobato-Rodriguez and one juror.
“The COVID rules in effect made for great difficulty hearing potential jurors during voir dire and understanding witnesses called to the stand during trial testimony,” Harrison wrote.
