A CONVICTED NEW MEXICO MURDERER WILL BE GETTING A NEW TRIAL. THE STATE SUPREME COURT THURSDAY OVERTURNED JACK MCDOWELL’S FIRST DEGREE MURDER CONVICTION IN THE FATAL STABBING OF JAMES CHAVEZ IN RIO RANCHO IN 2011.
DURING TRIAL, A PROSECUTOR GOT A POLICE DETECTIVE TO TESTIFY THAT MCDOWELL HAD INVOKED HIS RIGHT TO COUNSEL AND WOULDN’T TALK TO POLICE. THE HIGH COURT RULING SAID NEW MEXICO COURTS HAVE LONG HELD THAT PROSECUTORS CAN’T COMMENT IN COURT ON A DEFENDANT’S RIGHT TO REMAIN SILENT.
