Convicted felon to testify in Darner case

By Jim Tiffin
Cibola County Bureau

GRANTS — Former hunting guide Kirt Darner’s defense attorney’s attempts to exclude three witnesses and an expert’s appraisal of sheep heads, which are illegal to possess and felonies under federal law, fell short of the mark Friday morning in the 13th Judicial District courtroom here.

Darner was indicted on multiple felonies and misdemeanors in February 2006 in connection with the possession of these heads, and other charges such as illegal possession, sale and transportation of elk, from a big game park Darner owned and operated on Mount Taylor in Grants.

Judge Camille Martinez-Olguin denied Blackburn’s motion to exclude convicted felon Darrin Holley. He is the individual Darner allegedly paid to steal Rocky Mountain and Desert Bighorn sheep heads from a taxidermist’s business in Southern Colorado.

Immediately after denying the motion, without comment, Martinez-Olguin recessed the court about 10-15 minutes.

Upon resuming the hearing, Blackburn asked Martinez-Olguin to allow him to withdraw the other two motions, to exclude two New Mexico Game and Fish agents from testifying as expert witnesses in the case and the third, an appraisal from nationally recognized wildlife expert Kent Klineburger of Seattle, Wash.

There are three other motions Blackburn has filed in the case, which will be heard on May 29-30.

The three additional motions, all by Blackburn, are: To exclude the Game and Fish agents from sitting at the district attorney’s table during the trial, to dismiss the felony charges in the case and to suppress the evidence of the sheep heads being discovered and seized by Game and Fish agents during an investigation in the case.

District Attorney Lemuel Martinez was unusually evasive making comments about the case Friday following the hearing.

“The judge’s ruling has no bearing on the case at all,” he said.

When asked if he could clarify that statement, Martinez said he will not talk about the strength or weakness of the judge’s ruling in the case.

“We are ready to move forward,” he said.

“There are three other motions which will be heard at the end of the month and we are prepared for those. We are prepared to go to trial on June 23,” he said.

The June 23 trial date is the sixth date in two years, the others being delayed because of scheduling conflicts, attorney unavailability and Darner’s health problems, including kidney stones in January 2008.

Grand jury indictments include: 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 certificates for elk; unlawful possession of two bull elk; transportation of livestock (two bull elk); and conspiracy to transport livestock (bull elk).

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