STEVEN LOPEZ AND ANDREW WALTERS SUCCESSFUL APPEALS REVERSED BY NEW MEXICO SUPREME COURT
Back in November of 2008 when I wrote the original story, I said Steven Lopez and Andrew Walters had just successfully appealed their convictions to the New Mexico Court Of Appeals in the case of the abuse and murder of five-month-old Brianna Lopez. That was not entirely true. Actually the court found that all three defendants (Briannas mother, Stephanie Lopez, was also convicted) should not have been tried together because it violated their right to cross examine all the witnesses against them in 2006. Its all very lawyerly, so please dont ask me to explain the details.
Well, what I missed, because I had been given some bad information and didnt know how to search court records at the time, was that in September of 2007, The New Mexico Supreme Court overruled the Court of Appeals an reinstated both Lopez and Walters convictions on most of the counts against them. Heres the details of that decision.
For Andrew Walters:
Count 1 ABUSE OF A CHILD CAUSING GREAT BODILY HARM/DEATH Conviction Reinstated
Count 2 CONSPIRACY TO ABUSE A CHILD CAUSING GREAT BODILY HARM/DEATH Conviction Overturned, New Trial Ordered (Prosecution later dropped the charge)
Count 3 CRIMINAL SEXUAL PENETRATION OF A CHILD CAUSING GREAT BODILY HARM/DEATH Conviction Reinstated
Counts 4 and 5 ABUSE OF A CHILD CAUSING GREAT BODILY HARM/DEATH Conviction Reinstated
For Steven Lopez:
Count 1 ABUSE OF A CHILD CAUSING GREAT BODILY HARM/DEATH Conviction Reinstated
Count 2 CONSPIRACY TO ABUSE A CHILD CAUSING GREAT BODILY HARM/DEATH Conviction Overturned, New Trial Ordered (Prosecution later dropped the charge)
Count 3 CRIMINAL SEXUAL PENETRATION OF A CHILD CAUSING GREAT BODILY HARM/DEATH Conviction Reinstated
Andrew Walters ended up with a sentence of 63 years in prison plus 2 years of probation. Steven Lopez was sentenced to a total of 57 years in prison and 2 years of probation.
http://pysih.com/2009/05/13/update-stephanie-lopez-andrew-walters-and-steven-lopez/