The verdict is based on testimony of witnesses and evidence presented according to New Mexico law.
Trials follow certain procedure.
In their opening statements the district attorney and the defense attorney outline the evidence expected to be presented. Opening statements are not evidence, but are only explanations by the attorneys of what each side expects the evidence to prove. A defense attorney may give an opening statement immediately after that of the district attorney or at the close of the State's case. Likewise, a defense attorney may elect to give no opening statement at all. The district attorney on behalf of the state will present evidence against the defendant.