Judge postpones jury deliberations in murder trial

Albuquerque man is accused of suffocation death of his aunt, 86

A state district judge on Thursday postponed jury deliberations until next week in the murder trial of Craig Smith after one juror reported symptoms that bar her entry to the courthouse under the court’s COVID-19 protocols.

Jurors deliberated a half day Wednesday following closing arguments in Smith’s trial for the 2017 suffocation death of his aunt, 86-year-old Josephina Ortega, in her Albuquerque home.

Second Judicial District Judge Brett Loveless told jurors to return to the courthouse Wednesday to resume deliberations and rejected a motion from Smith’s attorney, Ashley Reymore-Cloud, to declare a mistrial.

Reymore-Cloud argued that the delay would increase the likelihood that jurors would see news reports of the case and forget evidence and testimony presented during the five-day trial.

Under the New Mexico Supreme Court’s COVID-19 protocols, jurors are prohibited from entering a state courthouse if they have experienced any of several symptoms, or tested positive for COVID, in the previous five days. The juror said she tested negative for COVID on Wednesday evening.

Smith, 59, faces charges of first-degree murder, kidnapping, aggravated battery and other charges in Ortega’s killing on May 19, 2017.

Prosecutors allege Smith bound Ortega’s hands behind her back with zip ties and demanded she reveal the location of a lockbox that contained $98,000 in cash. Smith then wrapped Ortega’s head in multiple plastic bags, secured them with duct tape and left her to suffocate, prosecutors allege.

Smith’s defense attorneys argue that Ortega was killed by Smith’s ex-girlfriend and codefendant, Evonne Jaramillo. Jaramillo pleaded guilty in 2020 to seconddegree murder and conspiracy in Ortega’s killing. Her sentencing has not been scheduled.