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ALBUQUERQUE, N.M. — An Albuquerque criminal defense lawyer charged with aggravated battery, aggravated assault and tampering with evidence repeatedly called a homeless man he shot in his office building a “methed-out lunatic” during his opening statement Monday.

David “Chip” Venie, in an opening that ran about 90 minutes, called Stephen Biddinger, a homeless man he encountered three summers ago, many things as he spoke to the jury, none of them flattering. His detailed and dramatic statement prompted an objection from the prosecution, a forceful admonition from the judge and defiance from Venie, who insisted that he was entitled to a subjective description of Biddinger.

Venie shot Biddinger on Aug. 28, 2012, near the entry of Venie’s Downtown office, Freedom Law Center. Venie says he was defending himself and others when he fired after warning Biddinger, “You come through that door, you’re dead” and “Get out of the office!”

“Mr. Venie, we’ve already had this discussion,” 13th Judicial District Judge Allen Smith of Los Lunas told Venie, who is representing himself in the trial, after openings had concluded and jurors had left the courtroom. He warned Venie that if he continued, there would be a mistrial – prompting Venie to say he would welcome that development because double jeopardy would attach and he could not be retried.

Smith was assigned the case after a 2nd Judicial District judge dismissed a 2013 indictment against Venie based on what he found was a violation of Venie’s rights in handling of evidence before the grand jury. Prosecutors from the 5th Judicial District Attorney’s Office in Roswell filed a new criminal case against him after Venie challenged the participation of the District Attorney’s Office in Bernalillo County.

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Assistant District Attorney Matt Stone told jurors the evidence will show that the two men got into a confrontation when Venie told Biddinger that he stank. Venie claimed it was the other way around, and Biddinger told him, “You smell like jack mack.”

Biddinger has filed a civil lawsuit against Venie over the gunshot wound to his leg, while Venie contends the homeless man, who has a mental illness and post-traumatic stress disorder, began threatening to take his office building in litigation.

Biddinger is currently serving a state prison sentence for aggravated assault on a household member, and Venie made frequent references to that fact. At a previous hearing, Biddinger testified by phone, but he is expected to testify in person at the trial, expected to last a week.