Motion made to exclude testimony
in Darner case

By Jim Tiffin
Cibola County Bureau

GRANTS — Three motions by attorney Billy Ray Blackburn of Albuquerque to exclude two expert witnesses, a separate witness, and an appraisal of two sheep heads in the Kirt Darner case, will be heard at 9 a.m. Friday by 13th Judicial District Court Judge Camille Martinez-Olguin.

Darner is accused of illegal possession of a two sheep heads, one each Rocky Mountain and Desert Bighorn, which are both felonies under federal law.

He was indicted by the grand jury in February 2006 and has 20 charges facing him, including the illegal possession, sale and transportation of elk. Darner formerly operated a big game park on Mount Taylor.

“We oppose those motions and will fight them,” said Lemuel Martinez, 13th Judicial district attorney, “and, we hope the judge will rule in our favor.”

Two of the witnesses Blackburn is hoping to exclude are new Mexico Game and Fish officers, who are deeply involved in the case.

Martinez said he hopes Martinez-Olguin rules that the two officers will be able to testify.

The Darner case has been delayed five times so far, since 2006, but Martinez said he thinks the next trial date of June 23 will go.

Additional motions will be heard on May 29-30 in district court.

Those motions are to exclude testimony from an expert wildlife appraiser and to exclude any Game and Fish officers from being in the courtroom, if the judge rules Friday that they can testify, and another motion is to dismiss the case.
Should Darner be prosecuted and convicted of all counts, he could serve the maximum penalty of nearly 44 years in state prison, a fine up to $58,000, or both.

Grand jury indictments in the case are:

• Unlawful possession of big game (two bull elk), transportation of stolen livestock (bull elks), and conspiracy to transport livestock (bull elk).
• Receiving stolen property (one each Rocky Mountain and Desert Bighorn sheep skulls).
• Failure to submit an invoice for sale of big game (two bull elk).
• Failure to have two forms of identification on bull elk.
• No health certificate

To contact reporter Jim Tiffin call (505) 285-4560, or e-mail: jtiffin.independent
@yahoo.com.