Criminal defense attorney Gary Mitchell has been practicing law since 1976. The state of New Mexico has contracted with him to defend several high profile death penalty cases. His latest client is Michael Paul Astorga.
The 32-year old is charged with the shooting death of Sheriff's Deputy James McGrane.
Mitchell says death qualified jurors are more likely to convict defendents and is asking the state's Supreme Court to rule the penalty unconstitutional.
Now's he's asking a judge to toss the murder charges because he claims his client's 6th amendment rights are being violated.
In this exclusive AUDIO INTERVIEW Mitchell says Astoraga has the same rights to effective legal counsel as any other prisoner in custody.