- Associated Press - Saturday, December 31, 2016

SANTA FE, N.M. (AP) - A man could go to trial again in the death of a baby born following a collision.

The Albuquerque Journal reports (https://bit.ly/2isO62Z) New Mexico’s appeals court ruled a mistrial should have been declared in Ramon A. Hernandez case because an officer testified about information that was previously ruled inadmissible.

Aileen Smith’s baby Dimitri died a minute after he was delivered.

She said after the appeals court ruling that it is devastating.

Smith and her husband Zach have lobbied for tougher consequences for DWIs.



Las Vegas District Attorney Richard Flores was unavailable for comment.

It’s unclear if another trial will be held.

Hernandez is in custody on an immigration hold.

Attorney Ben Andrew Mondragon said he plans to move for his client’s case to be dismissed under double jeopardy.

___

Information from: Albuquerque Journal, https://www.abqjournal.com

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