Yuma Sun

Superior Court will hold hearing in Strong case

- BY JAMES GILBERT SUN STAFF WRITER SEE STRONG/A5

The Arizona Supreme Court has sent the case of the man convicted of the 2005 La Mesa Street murders back to the Yuma County Superior Court to conduct an evidentiar­y hearing to determine whether jury misconduct prevented him from getting a fair trial.

Preston Strong was convicted on April 25, 2017, of six counts of first-degree murder following a 47-day trial in the deaths of 35-yearold Luis Rios, 29-year-old Adrienne Heredia, and her four children — 13-year-old Andres Crawford, 12-yearold Enrique Bedoya, 9-yearold Inez Newman and 6-year-old Danny Heredia.

The same jury that convicted Strong later determined that he should receive the death penalty, and on May 5 of that same year then-Superior Court Judge Maria Elena Cruz sentenced him to die by lethal injection.

However, it was learned after the trial that a juror allegedly intentiona­lly withheld informatio­n during the jury selection process that she knew about Strong’s 2012 conviction for the murder of Dr. Santinder Gill, for which he was sentenced to two life terms in prison.

As a result, Strong’s defense attorney Jerry Hernandez filed a motion in Yuma County Superior Court for a new trial on the basis of that informatio­n, and that her knowing and sharing of that informatio­n with other jurors during

their deliberati­ons likely had an impact on the verdict.

Former Superior Court Judge Maria Elena Cruz presided over the hearing for that motion in September of 2017.

Cruz, after hearing oral arguments, ruled that because the defense did not present any direct evidence that the juror intentiona­lly withheld the informatio­n, and because it was the juror who shared the informatio­n about Strong’s previous murder during jury deliberati­ons and not an outside source, there was no jury misconduct.

She further noted that the defense also did not present any evidence to indicate that the jury’s guilty verdicts were influenced by his previous (Gill) murder conviction, and without ever holding an evidentiar­y hearing, denied the defense’s request for a new trial at that time.

The new court action sends the case back to the Yuma County Superior Court to conduct an evidentiar­y hearing to determine whether jury misconduct prevented him from getting a fair trial.

John Tate, Chief Criminal Deputy Attorney for the Yuma County Attorney’s Office, explained that all death sentence cases, under state law, are automatica­lly appealed and Strong’s evidentiar­y hearing is part of that process, and currently does not affect the outcome of the trial.

“The case was sent back for a limited purpose only, which is the evidentiar­y hearing, not for a new trial,” Tate said.

He said that Strong’s appeal is based on several issues, some of which still need to be determined, and that after the evidentiar­y hearing has been held, its findings will be sent back to the Supreme Court, which will use the informatio­n as part of its overall final decision to either grant or deny the appeal.

In its ruling, which was handed down May 26, the state Supreme Court stated that an evidentiar­y hearing was needed to determine the circumstan­ces of the juror’s alleged misconduct regarding her knowledge of Strong’s previous conviction in the Gill murder, and whether or not it was harmless. When jury selection began in the La Mesa Street murder trial, prospectiv­e jurors filled out written questionna­ires and were asked in groups about their familiarit­y with the case.

The parties and trial court also had agreed that anyone who knew about the Gill murder case would be excused, even if they said they could be impartial. A total of 19 prospectiv­e jurors were dismissed on this basis.

Additional­ly, during trial, the court excused a seated juror after the juror acquired informatio­n about the Gill murder despite the juror’s assertion that she would not let it influence her decision.

The juror, whom the allegation­s of misconduct are based upon, admitted knowing about Strong’s previous murder conviction, but didn’t say anything about it because she felt she hadn’t been asked about it specifical­ly.

 ?? Buy this photo at YumaSun.com FILE PHOTO BY RANDY HOEFT/YUMA SUN ?? PRESTON STRONG (RIGHT) IS LED from Superior Court by a Yuma County Sheriff’s Office Adult Detention officer on April 25, 2017, after hearing that a jury had found him guilty of murdering two adults and four children in the 2005 La Mesa Street murders.
Buy this photo at YumaSun.com FILE PHOTO BY RANDY HOEFT/YUMA SUN PRESTON STRONG (RIGHT) IS LED from Superior Court by a Yuma County Sheriff’s Office Adult Detention officer on April 25, 2017, after hearing that a jury had found him guilty of murdering two adults and four children in the 2005 La Mesa Street murders.
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