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Author Topic: My Cousin Was Stabbed to Death and the Alleged Killer's Trial Started this Week  (Read 4147 times)

smujd2007

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Re: My Cousin Was Stabbed Over 12 Times...
« Reply #20 on: July 26, 2005, 02:00:01 PM »
3 peat, I am sorry for your family's loss. You and your family will be in my thoughts and prayers.
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BigMix

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Re: My Cousin Was Stabbed Over 12 Times...
« Reply #21 on: July 26, 2005, 03:00:33 PM »
sorry to hear. praying for you.

TrojanChispas

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Re: My Cousin Was Stabbed Over 12 Times...
« Reply #22 on: July 26, 2005, 03:10:48 PM »
Many thanks to everyone for their condolences and support.  It has really helped and given me something posisitve to focus on.  thanks again
Arab Majority May Not Stay Forever Silent
http://www.nysun.com/article/36110?page_no=1

dbgirl

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Re: My Cousin Was Stabbed Over 12 Times...
« Reply #23 on: July 26, 2005, 03:30:25 PM »
Hey 3peat -- I don't think being under the influence of drugs will be much of an "excuse" for the killing.

Here's a couple of excerpts of a story I wrote about a guy who kille his neighbor with a claw hammer -- I love the prosecutor's quote.

   
      Luis Salvadore Perez, 27, allegedly whacked his neighbor and family friend, Kimberly Navarro, 49, with a claw hammer in his mother's home
on Sept. 11, 2003. Navarro, who suffered a fractured skull, died four days later.
      In today's closing arguments in San Mateo County Superior Court, prosecutor Al Giannini said the evidence that Perez committed premeditated murder is crystal clear.
      "There's no doubt, reasonable or otherwise, that this is the man that took the life of Kimberly Navarro,'' Giannini said. He argued that while Perez might have been intoxicated and high at the time, the killing was
planned.
.....
      "This defendant is about as cold a human being as you have ever had the misfortune to cross paths with,'' Giannini told the jurors. "Well, he was whacked out on drugs. Yeah, that's what they do to you, they make you a
first-degree murderer, but that's no excuse.''

      Giannini added, "Anybody here think methamphetamine is a victimless crime? Ask Kimberly Navarro.''

       
     The defendant was convicted of second-degree murder, so I guess jurors thought the drugs must have played some factor, but he will still be in prison for a very, very long time. I'm guessing this so-called "friend" of your cousin will meet a similar fate.
When you have somebody dying because they are poor and black or poor and white or because of whatever they are ... that erases everything that's great about this country.

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Re: My Cousin Was Stabbed Over 12 Times...
« Reply #24 on: July 26, 2005, 08:53:28 PM »
yeah, drugs etc. may come in to play on the 1st vs. 2nd degree murder.

especially since there's testimony that he carried a knife on his person most of the time.

(Threep... I hope our talking about the case is not making it uncomfortable for your own interests in it... I will stop analysing it if it does)
sometimes I put hot chinese mustard up my nose to see if I'm still alive

TrojanChispas

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Re: My Cousin Was Stabbed Over 12 Times...
« Reply #25 on: July 27, 2005, 12:15:05 AM »
yeah, drugs etc. may come in to play on the 1st vs. 2nd degree murder.

especially since there's testimony that he carried a knife on his person most of the time.

(Threep... I hope our talking about the case is not making it uncomfortable for your own interests in it... I will stop analysing it if it does)

No prob T.  I actually enjoy input.  thanks :)
Arab Majority May Not Stay Forever Silent
http://www.nysun.com/article/36110?page_no=1

dbgirl

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Re: My Cousin Was Stabbed Over 12 Times...
« Reply #26 on: July 27, 2005, 02:56:18 AM »
 ???
I'm confused ... I don't see a post like that, but if there were a post like that, why would that be bad?
When you have somebody dying because they are poor and black or poor and white or because of whatever they are ... that erases everything that's great about this country.

-TMcGraw

http://www.wm3.org/splash.php

TrojanChispas

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Re: My Cousin Was Stabbed Over 12 Times...
« Reply #27 on: July 27, 2005, 03:38:05 AM »
DB: When I pressed the post button, it told me I had pressed the post button twice and there was an error.  I went back but my post was deleted  :-[

It is late and I do not have the time or heart to repost it in its entirety.  Suffice it to say that it was thorough, well thought out, and a masterpiece of writing.  This is a relatively poor and hurried reproduction of the original post  :-\



Day 2 Opening Statements and the Begining of the Prosecution's Case in Chief


The prosecution's opening was disjointed and without the fire of inspiration.  She had no clearly expressed unifying theme or theory, repeatedly called the defendant by his first name (are they on a first name basis now or something ???), did not lay out a clear timeline, nothing was in chronological order, refered to her evidence as "little nuggets of information", and called her own case against the defendant a "who-done-it?"  :o The defense council capitalized on this last fact immediately and openened his statement with confirming that this was indeed a "who-done-it?" because the prosecution has the wrong guy and cannot meet their burden.

I would put the summary of the points that the prosecution made in the order made, but it would prolly be more confusing than helpful to this board.  So I will try and fix what she messed up with my own theme, theory and timeline:

Intro:  Ladies and gentlemen of the jury, this case is gruesome and simple.  On the third day of October 2004 Jason Garcia was found lying in a blackened pool of blood in his own living room.  He had over 20 knife wounds, defensive wounds to his hands and legs and wound that penetrated and cut open his heart.  Gruesome.  What led to this tragedy?  Simple.

Theme: Simple and gruesome.

Theory: This case is about a friendship, a jealous boyfriend, and murder.  The D and Jason Garcia shared a friendship, drugs, and spent numerous nights together for extended periods of time.  But when the D became suspicious and jealous that he was also sharing AS (D's girlfriend) sexually, he brutally murdered Jason by stabbing him to death.

Timeline:
1.  Adina Solario, the girlfriend of D, will testify that D was jealous and suspicious of Jason.
a. D would call and pretend to be Jason to try and catch AS in a lie about her relationship with Jason.

2. Johny Balderas will testify that the week of Jason's murder D showed JB a set of knives that he wanted JB to put in his glovebox.
a. When asked what the knives were for, D said because "I got to protect myself. I might have to take someone out." *repeat "Might have to take someone out."*

3. The Friday before Jason's murder, 2 days before his body was found, Luis Freitas (LF) was with Jason and D at Jason's house.  D was aggitated.
a. As LF was leaving Jason's house D threw a couple of knives at the feet of Jason and said "Lets end it."
b. LF left but returned quickly becuase he was concerned of what might happen.

4. The day before Jason's body was found, D and his neighbor had a conversation.  The neighbor is friends with D but said that day D was acting creepy and had bags strapped to his body under his clothes.
a. D said his girlfriend was a whore and slut and he had videos to prove it.
b. D insisted that the neighbor play the vids who reluctantly did but the only had music on them.
c. D said neigbor was playing them wrong and neighbor asked D to leave.

5. D got into a fight with his cousin that night, threatening him with a knife
a. The cousin locked him and his daughter in a bathroom and when he thoght it was safe went to a payphone and called the police

6. Uncle to D and father of said cousin takes D to Jason's house at around 1030pm the night before JG's body was found
a. D still has bags on his body.

7. Two witnesses see D early on the day Jason's body was found:
a. one sees him peeking around a wall
b. the other sees him leaving the house

8. D shows up at his uncle's house at 5 am on Sunday smelling like feces and asks for a shower.

9. Jason's body was found at 4pm that day
a. *emphasizes gruesomeness*
b. nothing of value was taken from Jason's home

10. D ask two different people to falsify an alibi for him

11.  Closing paragraph about gruesomness and the simple motive.


The defense's opening:
1. This is a who done it
2. make a timeline because the prosection's theory doesnt make sense (I can understand the confusion after hearing the opening)
3. D was friends with Jason and there was no animosity
4. Lf wasnt sure who D was talking to when he said "Let's end it"
5. Jason had lost of knives ( I do not know what he is getting at here? Seems like a minor or even counterproductive point)
6. there was no motive
7. there was no forensic evidence directly linking D to the murder
8. there was a mysterious white car that was seen by two pedestrians peeling out as it left Jason's house early on Sunday
Arab Majority May Not Stay Forever Silent
http://www.nysun.com/article/36110?page_no=1

TrojanChispas

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Re: My Cousin Was Stabbed Over 12 Times...
« Reply #28 on: July 27, 2005, 06:03:39 AM »

Witnesses
- I am going to give you the main points of each section of questioning as they are raised.  I think it will be easy to see that the prosecutor is a little disorganized with her line of questioning.

Witness #1 Officer David Martin
1. Worked in Clovis for 7 months as police officer
2. and Hanford for 6.5 years as police officer
3. Arrived at Jason's house at 1633 hours on Sunday October 3rd
4. Met with Gene Torres and Luis Freitas, the people who first discovered Jason's body
5. Entered house, saw Jason lying, checked for pulse, searched the house, secured the crime scene
6. ran the plates of the car in the back parking lot
7. car belonged to D, Jimmy Wilson

Cross Examination
1. Has W aithenticate the pictures of the car that belongs to Jimmy Wilson and admits them into evidence

Redirect
1. Officer looked in vehicle through glass but did not see any knives


Witness #2 Officer Dave Jiminez
1. Police officer for with Hanford for a number of years
2. Now is an investigator
3. Describes the crime scene (position and condition of the body, cleanlines of the house)
4. Impounded the car that was in the lot and belonged to Jimmy Wilson (D)
5. Moved pictures of the car into evidence

Cross
1. The rooms were messy
2. there was blood on the walls of the entryway
3. there were knives in the sink

Was there any sign of forced entry?  Any valuables taken? Would a person be able to prevent leaving forensic evidence if they covered their body in bags, assuming their hair was shaved? (the D shaves his head and possibly his body)

Witness #3 Dr. Gary Walter
1. Physician and Surgeon since 1983
2. Licensed in CA, AZ and HI
3. Did residency at UCLA
4. Specializes in Anatomic and Clinical Pathology
5. Has performed 6,000 autopsies since 1984
6. Did not do the autopsy of Jason because the examining physician died, but is familiar with it throught the reports
7. Jason died of hypovolemic shock due to multiple penetrating stab wounds to the chest and lungs
8. *shows pics of decedent*
9. Jason had stab wounds that were consistent with defending himself (one large one nder his left kneecap and another large on on his right(?) hand)
10. Vital reaction (bruising and bleeding due to blood pressure) show that Jason was alive when some of the wounds took place
11.  Trauma occured on the couch
12. Rigor mortis discussion in relation to the stiff condition that Jason's body was found
13. Jason weighed 165 lbs
14. Jason had food in his body at the time of death
15. Jason ate at most 3hrs before his death

Cross
1. Blood was collected
2. Drug screenings were performed
OBJECTION OVERRULED
3. cocaine metabolite was found in high concentrations
4. methamphetamine was found in high concentrations
5. refrigeration makes time of death hard to determine
6. lyra mortis on Jason's back indicate that he died that position and blood pooled under his skin and dried permanently

Out of court, the prosecutor said that they could not determine the depth of each wound, the angle of penetration, or the handedness of the attacker.:o But there were somethings that were wanting besides that: Wide, at it's largest point was the knife?  How many knifes were used? If someone were alive before they were stabbed like this, how long untill they lose consciousness or die? :-\

Witness #4 Luis Freitas
1. Known Jason since 1990 but hadnt seen Jason until a few months before his death
2. Found Jason on Sunday OCT 3rd
3. The Friday before he was at Jason's around 8 or 9 pm, D showed up, LF stayed for a while and then left for the bars
4. LF came back at around 230am on Saturday, Jason was alone and on drugs
5. at 3am the D pulled up in a white card, stayed till 7am doing drugs with Jason and D
6. D was on edge, and angry that night (not his usual nice/polite self)
7. when D came originally, he had something in his hand and asked if LF had "something to tell him"
8. at 7am, when LF was about to leave, he heard something thud on the ground, looked and saw knives at the feet of Jason and D said something to the effect of lets settle this
9. D then told Jason to put a different knife in the kitchen
10. LF left around 7am but came back shortly thereafter

Cross
1. LF is better friends with Gene Torres than Jason
2. LF is 7 or 8 years older than Jason
3. LF did not live very close to Jason
4.  Establishes timeline as follows
Saturday
2am LF comes to Jason's house
330am D comes to Jason's hosue
5am all three go to 7-11
7am the knives are thrown on the ground and LF leaves
720am LF comes back, knocks on the back door, no one answers and he leaves again
720am+(a short time later) LF comes back again and knocks on the front door, Jason answers with his child at his side, LF leaves again
Sunday
4pm LF comes to Jason's house and finds his body
5. Establishes the relative positioning of the people when the knives were thrown down
a. D was in the passenger seat of his car, Jason was to his right sitting on the back steps of his house, and LF was to Jason's right getting ready to leave

Redirect
1. LF lives 3-4 blocks from Jason
2. when LF left at 7am, he came back shortly because he was "concerned"
3. his recolection of the specific hours may be off

Recross
1. When D said those words, LF originally told detectives that D could have been talking to anyone

Reredirect
1. LF thinks that D was talking to Jason when he threw knives at Jason's feet

Why doesnt she ask about the demeanor of Jason when LF comes back around 720am?  Maybe he doesnt remember, but it was a question that was begging to be asked.  If it helps the defense then why didnt they ask it?
Arab Majority May Not Stay Forever Silent
http://www.nysun.com/article/36110?page_no=1

TrojanChispas

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Re: My Cousin Was Stabbed Over 12 Times...
« Reply #29 on: July 27, 2005, 06:05:11 AM »

Witness #5 Lilian Sanchez

1. LS is the aunt of Jason, was close to him, saw him 4-5 days a week
2. Saw Jason on Saturday morning (OCT 2nd) between 8 and 9am, his demeanor was normal
3. Jason had walked 4 blocks and was taking his son to the renaisance fair
4. Jason sold car for 8,000 cash and gave money to LS to hold because "he wasnt sure about the people that were coming around and he didnt want that kind of money lying around"
5. this happened about a week before murder

Cross
1. Jason kept a neat living room and was a good cook

Witness #6 Tony Hernandez
1. D was living with TH's mom, Ruth Macio in OCT 04
2. Sat Oct 2nd, TH dropped D off at Jason's house around 1030pm
3. D was hyper
4. IMPEACHMENT Told investigators that D had bags on him at the timehe dropped him off, but changed his statement today.  Now he says that he didnt have bags on that day but a few days before
5. D accidentally made a mess at his house on that Saturday
6. Sunday D showed up at 5am
7.  IMPEACHMENT Said previosly that he was covered head to toe in feces, but today he says he doesnt remember saying that
8. TH let D take a shower and then cleaned feces/dirt out of the tub after D left
a. D, when asked, said that he fell in a cesspool
9. D wanted to stay but TH wouldnt let him because of animus with David Hernandez (son of Th who was at the trailer home at the time, but asleep)
10. TH loves his nephew, doesnt want to be here, and doesnt want to testify

Cross
1. TH takes mom to breakfast on Sundays but cannot remember whether he took her that Sunday (3OCT04)
2. D could have said I smell like a cesspool

Redirect
1. IMPEACHMENT Told investigators that D trashed his house on that Sat, but changed it today to he accidentally made a mess by bumping off an unbolted attachment to a desk

The prosecutor does a good job with this one, she impeaches him multiple times, establishes bias and still gets out the evidence that she needs... except that she leaves out at least one important question:  Was D wearing bags when he showed up at 5am?   


Witness #7 Johny Balderas

1. Knows D through other people and is an acquaintance
2. Knows Jason through other people and is an acquaintance
3. The wednesday before the murder JB, David, D, and Jason were partying at Jason's house (drugs and strippers were involved)
4. JB and D left to pick up a friend of JB's who they didnt end up picking up because the friend was having family problems when they got there
5. D asked JB to put something in the glove box, it was a set of knives
6. JB asked why he had knives and D said he "was going to protect himself and might have to take someone out"

Cross
1. JB knew Jason longer than D
2. Learned about Jason's murder on 4OCT, went to preliminary hearing in DEC, but didnt give interview to police until March of 2005
3. saw D about 4 times at Jason's house

Again, the prosecutor leaves out some important questions: What kind of knives were they (hunting, cooking, fish gutting)? In what condition? How many?


Witness #8  Kevin Ricks

1. neighbor of D and they were friends
2. saw D on Sat (OCT 2nd) at D's grandma's apartment accross the street around 6pm
3. D looked like he had not slept for days
4. D had trash bags under his clothing, rustling with every move
5. D asked KR if he was part of the circle of trust and said he had DVDs of his girlfriend having sex with multiple partners and insisted that KR play them
6. D and KR go to KR's apartment to play the DVDs/CDs but they played music and D said that KR was playing them wrong
7. D was acting creepy and confused
8. D was unhappy with his girlfriend and was calling her a slut and whore
9. KR received a phone call and asked D to leave, which he did

Cross
1.  Met Jason and knows David Hernandez
2. Has seen Adina Solario, D's girlfriend
3. D sometimes said that he didnt trust his girlfriend
4. D was in the apartment 10 mins and didnt mention Jason

Arab Majority May Not Stay Forever Silent
http://www.nysun.com/article/36110?page_no=1