A leader of Pojoaque Pueblo in New Mexico is set to go to trial on February 16 in connection with a fatal hit and run.

Federal prosecutors say Lt. Governor Linda Diaz, 52, struck and killed Phillip Espinosa, 31, along a highway on the reservation. She is charged with leaving the scene of a fatal accident and failing to render aid.

Diaz was allegedly drinking before the April 2009 accident. But her attorney is asking a judge to prevent witnesses for the prosecution from claiming that she was "drunk" or "intoxicated."

Diaz's attorney is Sam Winder, a member of the Southern Ute Tribe of Colorado who used to work for the U.S. Attorney's Office in New Mexico.

Get the Story:
Defense Wants 'Drunk' Barred (The Albuquerque Journal 2/9)

Related Stories:
DOJ doesn't want attorney's Indian status mentioned (1/26)
Judge allows jury to hear of Pueblo leader's drinking (12/9)
Pueblo leader set to go to trial for fatal hit-run case (12/3)
Drinking at issue for Pueblo leader's hit-run case (11/4)
Hearing set for Pueblo leader's hit-and-run case (10/22)
Pueblo leader 'partied' before fatal car accident (8/4)
Pueblo leader pleads not guilty for fatal accident (6/26)
Pojoaque Pueblo leader indicted for fatal accident (6/12)
Pueblo leader linked to fatal hit and run on reservation (4/17)
Pueblo leader may be involved in fatal accident (4/7)