A federal judge says a prominent Indian attorney can mention his Indian status and his prior work as a federal prosecutor during jury selection for an upcoming trial.

Sam Winder is a member of the Southern Ute Tribe of Colorado. He served as an assistant federal prosecutor in New Mexico before starting his own private practice.

The Department of Justice asked James O. Browning to bar Winder from talking about his Indian status and his prior federal employment. The government also said he shouldn't be allowed to mention that his client, John Leonard Tsosie, is Indian.

In a decision last month, Browning said Winder can talk about his status and Tsosie's status during jury selection "to explore whether these factors implicate any biases or prejudices among the jury pool."

Browning also said Winder can mention that Tsosie is a single father and a domestic violence advocate if his client decides to take the stand.

Tsosie is on trial in connection with a drunken-driving accident on the Navajo Nation. Manuel Johnson and his wife, Loretta Johnson, were killed on October 17, 2009.

In a similar case, a federal judge allowed Winder to talk about his Indian status and his past employment during the trial of Linda Diaz, the former lieutenant governor of Pojoaque Pueblo. Diaz was convicted for a fatal hit-and-run.

Related Stories:
Judge rules about prominent attorney's Indian status (2/12)
DOJ doesn't want attorney's Indian status mentioned (1/26)