Criminal Justice
Allegations that murder defendant was ‘a drug ho’ who practiced witchcraft leads to tossed conviction
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The New Mexico Supreme Court has overturned a woman’s 2022 murder conviction and barred a retrial because of “severe and pervasive prosecutorial misconduct, exacerbated by a lackluster defense.” (Image from Shutterstock)
The New Mexico Supreme Court has overturned a woman’s 2022 murder conviction and barred a retrial because of “severe and pervasive prosecutorial misconduct, exacerbated by a lackluster defense.”
The state supreme court tossed the conviction and the case against Desiree Lensegrav, concluding in a Feb. 20 opinion that her “entire trial was filled with theatrics, hyperbole and disparaging inflammatory statements.”
In his opening statement, the prosecutor called Lensegrav “a worthless mother” and “a drug ho—not my words!” the opinion said. During the trial, the prosecution called a witness who accused Lensegrav of witchcraft. In closing statements, the prosecutor encouraged jurors to convict Lensegrav “for the stench of death that permeated this courtroom.”
The prosecutor was referring to the introduction of “foul-smelling” physical evidence that was attached to the victim’s body, which caused a trial adjournment.
The Legal Profession Blog posted highlights from the opinion, while the Taos News and KOB had coverage. The state supreme court also issued a Feb. 20 press release.
The opinion identified the lead prosecutor as Assistant District Attorney Cosme Ripol of the Eighth Judicial District in New Mexico. He will not be commenting in response to an ABA Journal request, according to the district office manager.
Eighth Judicial District Attorney Marcus J. Montoya issued a statement.
“Though we prepared fully to present this case at trial, secured a conviction and would have preferred to keep this truly bad actor in prison, we accept the opinion of the supreme court, and we will always learn and evolve so as to continually improve,” Montoya said.
Lensegrav’s husband, Aram Montoya, pleaded guilty to murder in the killing in 2021 and received a life sentence. In his opening statement, Ripol told jurors about Aram Montoya’s statements incriminating Lensegrav, even though he was not on the prosecution witness list.
Referring to Lensegrav, Ripol said jurors will hear a story “of a strong, smart, determined, manipulative, vengeful, capable, controlling, resilient, cunning human being with a profound drug problem” who used her “needy, insecure” husband to commit murder.
Ripol also told jurors about expected testimony from the owner of a drug house. The owner would testify that Lensegrav suggested on several occasions that she was a witch, and she “would put menstrual blood concoctions” in her husband’s food to control him, Ripol said. The owner saw Lensegrav’s eyes turn “black. With fury. And rage,” Ripol said. “And it was like a Hollywood movie. He could feel the wind coming out of her.”
Lensegrav and Aram Montoya became suspects in 2020 after Aram Montoya was accused of trying to kill Lensegrav by repeatedly stabbing her in the neck and back with a paring knife. After Lensegrav came out of a medically induced coma, police gave her a Miranda warning and began to question her about the 2019 murder of Joseph Morgas. Police told Lensegrav that her husband had confessed to the murder, and her husband had thrown her “under the bus.”
Lensegrav told police that she wanted Aram Montoya to beat up Morgas because of his statements at the drug house. Morgas was a relative of a man who raped and impregnated Lensegrav when she was a teenager.
Lensegrav said Morgas laughed at her, called her a drug whore, and said she deserved to be raped. He also said he had video of Lensegrav at the drug house, and he would share it with his family, so they could get custody of her child.
Aram Montoya and Morgas fought outside the drug house, Lensegrav told police. Aram Montoya put Morgas in a headlock and “choked him out,” causing him to turn purple and go limp, she said. Lensegrav said she helped dispose of the body, fearing that Aram Montoya would kill her, too, if she didn’t cooperate.
Ripol told jurors that Lensegrav had confessed to strangling Morgas with twine, directed her husband to burn the body and to cut off Morgas’ head with a shovel, and had thrown the shovel and head in the river.
“None of these allegations would conform to the evidence,” the New Mexico Supreme Court said.
“Inexplicably,” the state supreme court said, “defense counsel did not object to the vast majority of instances of prosecutorial misconduct that defendant identifies on appeal.”
The New Mexico Supreme Court concluded that the prosecutorial misconduct was so unfairly prejudicial that it presented a double jeopardy bar to a retrial under the New Mexico Constitution.
“Prosecutors are held to the highest ethical standards in all courtrooms, and any time that standard is not maintained, reversal and this type of circumstance is the result. Like many trials get, this case became emotionally charged,” Montoya said in his statement to the Journal.
“Fortunately, the person we know was physically guilty of taking Mr. Morgas’ life is still in prison, and he will stay there,” Montoya said.
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