Hilburn trial delayed

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District Judge George Eichwald has granted a defense request for an interlocutory appeal in the Benjamin Hilburn case, delaying the trial that was scheduled to begin on Monday.

The attorneys for Hilburn, who was 10 years old when he allegedly shot and killed his father, Bryan, in their Belen home in August 2009, asked Eichwald for permission to file an appeal of his ruling allowing the 911 tape into evidence. Attorney William J. Cooley argued last week that the state’s children’s code prohibits confessions from a child younger than 13 to be used at trial.

The state argued that Hilburn, now 14, called 911 after shooting his father not to confess, but to get medical help for his father, and therefore the tape should be allowed into evidence.

Eichwald had also dismissed a defense motion last week asking that the trial be moved from Valencia County to Sandoval County.

For a complete story, read Thursday’s edition of the News-Bulletin.


-- Email the author at cgarcia@news-bulletin.com.