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Supreme Court upholds conviction 6-year-old girl's killing
Leland Hust
Published
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The New Mexico Supreme Court on Monday upheld the conviction of Leland Hust in the 2018 rape and strangulation death of a 6-year-old Rio Rancho girl.
The high court rejected the argument of Hust鈥檚 attorneys that a judge erred in allowing the prosecution to present certain DNA evidence during the trial.
Hust, 27, was convicted by a Valencia County jury in 2022 of criminal sexual penetration of a minor and child abuse resulting in death.
Judge George Eichwald of the 13th Judicial District sentenced Hust to 48 years in prison for the crimes.
Ariana 鈥淛ade鈥� Romeo was found dead, partially clothed and bloodied on Aug. 11, 2018, in a converted garage in Rio Rancho. A forensic examination found that she had been raped and strangled or smothered to death.
Hust鈥檚 attorneys argued that the court erred in allowing testimony about Y-STR DNA during the trial that was unfairly prejudicial and misled the jury.
The DNA test results indicated that Hust could not be excluded as a source of the male DNA found on a mattress at the scene of the killing.
The defense argued that the 鈥減oor quality鈥� of the Y-STR DNA evidence 鈥渨as not adequately explained to the jury鈥� and that the prosecution 鈥渦sed this weak DNA evidence to mislead the jury into believing鈥� that Hust committed the crime.
Justice Briana Zamora, writing for the unanimous five-member court, said that while the DNA evidence was prejudicial, testimony about the evidence was relevant to the case and that defense attorneys had 鈥渁mple opportunity to challenge鈥� the evidence at trial.
Defense attorneys also argued that 鈥渨hisper鈥� comments that Hust made while left alone in an interview room were prejudicial because they showed Hust struggled with mental illness.
The comments included, 鈥淚 had to have done it after falling asleep,鈥� ... 鈥渢hat evil me, he was in the box,鈥� and 鈥渘o one was safe around him if he got out of that box.鈥�
Justices agreed with prosecutors that the comments were relevant because they spoke to Hust鈥檚 consciousness of guilt and his 鈥渂elief that some part of him committed the crime.鈥�
