NC vs. Raven Abaroa ~ the Trial 3

[NCEast]

you know how to make me laugh....thanks, I needed that!!!




And the sticks and the ducks in the Brad Cooper trial.

 

[NCEast]

From WRAL's 4pm internet news:
Abaroa defense asks judge to dismiss murder case

Durham, N.C. — The Superior Court judge presiding over the trial of a man accused of killing his wife eight years ago denied a motion Monday to dismiss the case after defense attorneys said critical evidence wasn't turned over to them until last week.

Raven Abaroa, 33, is charged with first-degree murder in the April 26, 2005, death of Janet Abaroa, 25, who was found stabbed to death in their Durham home.

The evidence at the center of the defense's request has to do with emails and the Internet search history found on the hard drive of Janet Abaroa's work computer, which was discovered Thursday morning in a locked cabinet at the Durham Police Department.

Amos Tyndall told Superior Court Judge Orlando Hudson that fragments of messages recovered from the device revealed that Janet Abaroa was having daily contact with a former boyfriend in the weeks before her death and that the two had talked over email messages – some flirtatious, some sexual in nature – about meeting.

The emails were within weeks before she died – the last one dated April 7, 2005 – and Tyndall said that the information "has essentially turned this case on its head."

Prosecutors have painted Raven Abaroa as an unfaithful and verbally abusive husband who kept control of her finances, and witnesses have testified that Janet Abaroa feared her husband and tried to always please him.

"These emails turn that image on its head," Tyndall said. "Withholding those emails has allowed the state, through its witnesses, to present a very dishonest portrait of Mrs. Abaroa, a dishonest portrait of my client and a dishonest portrait of their relationship."

Tyndall said the emails portrayed a strong, independent woman.

He asked for the court to strike the state's evidence and dismiss the case, saying he had asked for the hard drive before trial and that the messages could have changed the defense strategy, including how witnesses were questioned and how the jury of seven men and five women was seated.

"Getting this information at about the time that the state is ready to rest its case and has presented an image of my client for three weeks – frankly that is going to be hard to undo," Tyndall said. "I think the state would be hard pressed to present the same image with the information."

But Hudson refused to grant the motion, as well as a subsequent motion to declare a mistrial, finding that there were no evidence of discovery violations.

Prosecutors rested their case Monday afternoon after 14 days of testimony and 66 witnesses, including police detectives, crime scene investigators, Janet and Raven Abaroa's friends, family and co-workers, an ophthalmologist and members of the couple's church.

After one last witness late Monday morning, jurors spent several hours reviewing dozens of pieces of evidence, including shoes, a cellphone and a knife that Raven Abaroa told detectives they overlooked and that he found years later in a box of belongings.

Tyndall asked again Monday afternoon for Hudson to dismiss the case, saying the state failed to produce substantial evidence proving Raven Abaroa committed the murder.

He has denied any involvement in his wife's death, having told investigators he was at a soccer game and returned home that night to find her on the floor in their home office.

Tyndall told jurors during opening statements on April 29 that although Raven Abaroa might not have been an ideal husband, there's no physical evidence to suggest that he killed Janet Abaroa but that there was evidence that might have cleared him.

Among that evidence is an unknown fingerprint on a closet door and unknown DNA found in a blood stain on a side door leading to the driveway of the couple's home.

Defense attorneys are expected to call their first witness Tuesday morning.

If convicted of first-degree murder, Raven Abaroa faces life in prison without the possibility of parole.

 

[Clearly Confused]

With the laptop and the knife.

Isn't that the truth!

 

[borndem]

OMG! THEY RESTED!!!!!!!!!!!!

OMG....just OMG

Damn!

 

[borndem]

Pretty usual when PT rests? I doubt it'll be granted but I think it's normal course.

Yes, it's standard in most cases. Bad form if you don't. No biggie.

Who knows, you might get lucky -- but not today!

 

[borndem]

Pretty usual when PT rests? I doubt it'll be granted but I think it's normal course.

Yes, it's standard in most cases. Bad form if you don't. No biggie.

Who knows, you might get lucky -- but not today!

 

[NCEast]

I sure hope none of you all are in the path of the tornado(s) that struck Oklahoma City, OK. just a while ago. I have friends in ARK. who are expecting the same storm cell to hit them directly. She and her dogs are in a closet. If you believe in prayer, please pray for my friend Susan and her family....and turn on the news and watch the horrible destruction around Ok.City that just happened about an hour ago or so ago. It's hell on earth, there are fires popping up all over the area in addition to the damage from the tornado.

 

[terminatrixator]

My thoughts and prayers are with those in Oklahoma.

I just got the chance to watch it over again, and the Jurors were not in there at all during the second Motion to dismiss. They were escorted out when Tyndall asked to be heard and then Tyndall moved to dismiss the second time.

 

[JusticeJunkie]

My thoughts and prayers are with those in Oklahoma.

I just got the chance to watch it over again, and the Jurors were not in there at all during the second Motion to dismiss. They were escorted out when Tyndall asked to be heard and then Tyndall moved to dismiss the second time.

Thanks for correcting me. I was just about to go back and listen, too, so you saved me.
And thank God, they WEREN'T there. I was thinking in the CA Flordia trial, I heard Baez ask for the motion in open court?? Maybe not, or maybe differentjJurisdiction. Is there a public list of defense witnesses?

Add my prayers to yours for OK. At least 10 lives lost so far, and the devistation looks horrible.

 

[terminatrixator]

Oh my goodness, indeed it was 51 lives and among them 24 missing children and teachers so far, it's devastating.

Justice, I haven't had the opportunity to watch live before and it is very hard to get everything. Normally I watch late at night, and I write points down as I watch it, where I can stop.

Watching live on WRAL or ABC it's much harder to catch a lot of the testimony as compared to watching the individual videos, because you can start and stop while you are digesting each thing.

The one thing I noticed watching it live is there is a lot more focus or attention to pro and defense chatter. I noticed today more actions and little nuances and quirks that both sides have. Tyndall does this little finger thing with his pinky, ring, middle and forefinger, as if tapping them in mid-air, Raven gets nervous and rocks his chair, I notice the Pro's never look at the Defense and I notice that Dexter watches the Jurors like a hawk. I don't notice things like that when I am constantly starting and stopping the replays, so it kind of cool watching it live.

Tomorrow is back to reality though.

 

[L L & S]

I sure hope none of you all are in the path of the tornado(s) that struck Oklahoma City, OK. just a while ago. I have friends in ARK. who are expecting the same storm cell to hit them directly. She and her dogs are in a closet. If you believe in prayer, please pray for my friend Susan and her family....and turn on the news and watch the horrible destruction around Ok.City that just happened about an hour ago or so ago. It's hell on earth, there are fires popping up all over the area in addition to the damage from the tornado.

If you had not mentioned this I would have never checked the news today. This tornado missed my nephews house by about 400 yards. They are saying this tornado was worse than the one that wiped out the same little town of Moore, OK in 1999. I can't even imagine.....

 

[NCEast]

Oh my goodness, indeed it was 51 lives and among them 24 missing children and teachers so far, it's devastating.

Justice, I haven't had the opportunity to watch live before and it is very hard to get everything. Normally I watch late at night, and I write points down as I watch it, where I can stop.

Watching live on WRAL or ABC it's much harder to catch a lot of the testimony as compared to watching the individual videos, because you can start and stop while you are digesting each thing.

The one thing I noticed watching it live is there is a lot more focus or attention to pro and defense chatter. I noticed today more actions and little nuances and quirks that both sides have. Tyndall does this little finger thing with his pinky, ring, middle and forefinger, as if tapping them in mid-air, Raven gets nervous and rocks his chair, I notice the Pro's never look at the Defense and I notice that Dexter watches the Jurors like a hawk. I don't notice things like that when I am constantly starting and stopping the replays, so it kind of cool watching it live.

Tomorrow is back to reality though.

Wish you could join us 'live' for the duration of the trial, you will be missed during the day today.

 

[NCEast]

If you had not mentioned this I would have never checked the news today. This tornado missed my nephews house by about 400 yards. They are saying this tornado was worse than the one that wiped out the same little town of Moore, OK in 1999. I can't even imagine.....

Thank goodness your nephew's house was saved and I hope his family suffered no physical injuries. I watched live tv coverage of this until around 2 this morning waiting and praying they would find the children in the elementary alive. As of this morning, they appear to still be trapped and the ME's office there said several times last night that they have been informed to expect around 40 more bodies, most of them children. It just breaks my heart. I'm so glad your nephew's property was spared. I can't even imagine either....

 

[cityslick]

I haven't been following this trial at all except for reading on WRAL. If just by going by news articles and these threads, I get the impression that this is one of those trials that has aquittal or mistrial written all over it? Is there any sort of smoking gun?

 

[NCEast]

I haven't been following this trial at all except for reading on WRAL. If just by going by news articles and these threads, I get the impression that this is one of those trials that has aquittal or mistrial written all over it? Is there any sort of smoking gun?

No smoking gun and the prosecution rested yesterday. The biggest thing they have going for them is MOTIVE. RA's behavior toward JA, historically, proved that he did not want to be married and there are many points that prove that. The defense begins their case today, I am praying they will not have a smoking gun pointing toward innocence. Try to poke yourself in here when you can--it's a great group, small, who are following this trial.

 

[tarheellvr]

good morning.........

praying for Janet and her family.......

 

[L L & S]

Good morning all. Reporting in.... biting my finger nails today. If someone would be so kind...... Who is Mr. Green Tie?

 

[L L & S]

Is there a baby in the courtroom?

 

[JusticeJunkie]

Morning peeps - I'm getting a blank screen on ABC - and my bookmark is gone. Can someone please give me the W....link?

 

[L L & S]

http://www.wral.com/news/video/12390026/#/vid12390026