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LAS CRUCES - The trial for a man accused of killing his sister in a drunken argument has been postponed for a second time.
Richard Scott Zikmanis, 41, an analyst with the Department of Defense's National Geospatial-Intelligence Agency at White Sands Missile Range, has pleaded not guilty to a charge of first-degree murder.
"Trial for first-degree murder doesn't usually take place within the first six or seven months," said senior trial attorney Lisa Kuykendall. "The time frame (the judge) gave us is not, to me, reasonable."
"Deni" Zikmanis, 43, was allegedly shot in the head March 27 with a .40-caliber Beretta at her brother's Las Cruces home during an argument over the morality of smoking marijuana, according to court records. The district attorney's office argues the killing was premeditated.
Before a new trial can be set, a decision must be reached on whether to uphold a ruling that would exclude testimony from the doctor who performed the autopsy on Denise Zikmanis. 3rd Judicial District Judge Fernando Macias excluded the testimony and the autopsy because defense attorneys hadn't interviewed him yet, Kuykendall said. The district attorney's office has 30 days to file its appeal to that ruling.
"In a first-degree murder case, it's kind of crucial to have that information in the trial," Kuykendall said Tuesday.
The victim, who lived in Fort Benton, Mont., was removed from life support two days after the shooting. Her brother was released from jail in June on a
The four-day trial is now expected to be re-scheduled, at the soonest, for the spring of 2011, Kuykendall said.
Ashley Meeks can be reached at (575) 541-5462
