Sentence of 7 Life Terms Upheld Despite Judge's Incorrect Comment to Jury that Alcoholism was Involved

U.S. v. Yazzen, 2006 WL 1775480 (6/29/06)(unpub'd) - In child sex abuse case involving a Navajo defendant, the New Mexico trial judge told the jury during voir dire that alcoholism was involved in the case when it wasn't. The judge explained to objecting defense counsel: "I assumed this would be typical of the Indian Reservation cases I get with alcohol involved." Nevertheless, no reversible error. The 10th in part relied on the failure of counsel to request a mistrial or the discharge of the entire venire. The defendant's 7 life terms remain intact because trials don't have to be perfect.