Fierro's attorneys file motion to dismiss case

right now a judge is hearing a motion to dismiss the case against carlos fierro. the defense says the way the jury was selected is grounds for dismissal. but the da's office says it did nothing wrong. minute thumbnail 05:00 pm gadi schwartz is live in santa fe with tonight's top story. before this trial started yesterday- we waited for a closed door meeting with the judge and the lawyers to wrap up. today we know exactly what that meeting was about and it could potentially send the trial back to square one. today we learned that during sealed testimony - fierro's defense teamed learned about a prate jury selection consultant that was hired by the da's office to advise them on who to strike for a potential jury. during that time- the private consultant- lawyer diego zamora- at one point had access to a classified federal database for law enforcement officers and ran background checks on some potential jurors using ncic. fierro's lawyers say they were never given that information- and want to know how it was used. "it doesn' pass the smell test lets put it that way minute thumbnail 05:01 pm something is rotten in the county of santa fe and we are going to get to the bottom of it." the trial wrapped up for the day about an hour ago- since then the judge has been considering a motion to dismiss the case because of how the jury wapicked. the da's office insists that it did nothing wrong- because they are a law enforcement agency with access to the data base. and using that ...