GUILTY NM - Adam Avalos, 29, brutally murdered, Las Cruces, 3 April 2006

[geevee]

If I tweet it would have to be on my MacBook Air. I didn't bring it today cuz I wasn't sure I could bring it in. Phone use is not allowed in courtroom. But, I took pages of notes today and will do so again tomorrow, so will tweet at breaks. I thought of you guys all day. It was so exciting. I couldn't get over the professionalism of judge and all attorneys. I sat in second row behind Montoya the defendant. He chattered to his counsel during most of the trial.

Shoot, it just occurred to me that I don't have your twitter nic to post any tweets you send out from court.

 

[geevee]

Nevermind, a memory cell kicked in and I tweet-searched. lol

ChellySouthWest · 19h
Attended day 1 of Dominic Montoya 1st degree murder trial. Montoya is accused of killing fellow inmate Adam Avalos with prison issued razor

 

[Chelly]

trial notes.

A few things to bring forward from Day 1 before getting to Day 2.

From Prosecution Direct:

The jail ID bracelet of defendant Dominic Montoya was found in the mouth of deceased Adam Avalos.

The forensic pathologist testified the victim’s throat was cut through to the trachea. While the razor blade slashes were extreme, the autopsy photos we saw showed severe bruising of the heart and the tissue behind the heart. Victim suffered severe trauma in the torso, multiple rib fractures of a lot of internal bleeding. Plus, significant forehead injuries showing a severe beating similar to what would be seen in a car accident victim. The COD was multiple blunt force and sharp force injuries. The MOD: homicide. Avalos most likely died in minutes.

From jail witnesses: Montoya was placed in a restraining chair and bound by hands, feet and head with a spit guard over mouth. He was heard to be strangely laughing while in the chair

From Defense:

Defense lawyer is going to ask Montoya to testify in his own defense. He doesn’t know yet if Montoya wants to.

Defendant from broken home. His problems started at age 5 when his father died in prison riots in Santa Fe. By age 8, Montoya was an alcoholic and addict. he was sexually and physically abused, His first criminal charge was at age 9. He was placed in group homes. Age 13 attempted suicide in group home. His mother committed suicide when Montoya was 16. He found her body. Montoya has had mental disorders all his life and mental health agencies failed him

Defense Atty says Montoya killed Avalos in a Transient Psychotic Episode. He was incapable of forming intent.

 

[Nymeria]

trial notes.

A few things to bring forward from Day 1 before getting to Day 2.

From Prosecution Direct:

The jail ID bracelet of defendant Dominic Montoya was found in the mouth of deceased Adam Avalos.

The forensic pathologist testified the victim’s throat was cut through to the trachea. While the razor blade slashes were extreme, the autopsy photos we saw showed severe bruising of the heart and the tissue behind the heart. Victim suffered severe trauma in the torso, multiple rib fractures of a lot of internal bleeding. Plus, significant forehead injuries showing a severe beating similar to what would be seen in a car accident victim. The COD was multiple blunt force and sharp force injuries. The MOD: homicide. Avalos most likely died in minutes.

From jail witnesses: Montoya was placed in a restraining chair and bound by hands, feet and head with a spit guard over mouth. He was heard to be strangely laughing while in the chair

From Defense:

Defense lawyer is going to ask Montoya to testify in his own defense. He doesn’t know yet if Montoya wants to.

Defendant from broken home. His problems started at age 5 when his father died in prison riots in Santa Fe. By age 8, Montoya was an alcoholic and addict. he was sexually and physically abused, His first criminal charge was at age 9. He was placed in group homes. Age 13 attempted suicide in group home. His mother committed suicide when Montoya was 16. He found her body. Montoya has had mental disorders all his life and mental health agencies failed him

Defense Atty says Montoya killed Avalos in a Transient Psychotic Episode. He was incapable of forming intent.

Just...WOW.

 

[geevee]

No kidding, wow and then some.

 

[Chelly]

Just...WOW.

Today, We viewed video of him in that restraint chair as well as video of the shower murder scene. Tomorrow, if judge doesn't overrule defense's objections, we will have about an hour's audio of one inmate who witnessed the murder relating details of it in a phone call to girlfriend.

Been a long day and too tired to transcribe Day 2's notes. Will do that before leaving for court tomorrow. Her is one tidbit: The defendant chatters incessantly to his attorney during trial. The defense atty has an uncanny ability of listening to his client while at same time listening to testimony and objecting to a pros witness question. It amazes me.

 

[Chelly]

Just...WOW.

The victims family sits in the first row behind prosecution. From time to time during recesses the prosecutor gathers them up to the rail and fills them in on what's about to happen.

The courtroom adjacent to this trial's was packed with standing room only spectators. I heard it was a "trafficking" trial but that's all I know.

 

[Chelly]

Trial, Day 2
Pretrial hearing on defendant’s meds: He claims he’s not getting required meds and is in constant pain. He relys heavily on a cane to walk. We don’t know the cause of the pain. However, defendant was allowed to address the judge (no jury present) recounting a laundry list of powerful medications, (pain relievers, psych meds and sleep meds) he receives. He is unhappy his methadone has been replaced with tramadol. Defendant also referenced “when he came out of the coma” but we don’t know anything about that. He says jail guards took his cane away and gave him a walker which results in ridicule from other inmates, who also now push him around. Much talk about his prison rights.

Jury comes in. No camera in court today. : More prison guards called to stand to recount events day of Murder, April 2, 2009. Showed photos of other inmates in the pod. They and their shoes were inspected immediately after murder to eliminate them as being complicit.

Tomorrow, before court, hearing will be held on whether audio recording of phone call between inmate who witnessed murder will be allowed. In the phone called he recounted events of the murder to his girlfriend. State plans on calling to stand that inmate witness. However, first he will be interviewed by all attorneys. Defense does not want this inmate on the stand!

Tidbit: Defendant complained to judge after recess that his blood sugar was low and he needed his chocolate shake. Judge told atty to make sure he got his shake.

 

[geevee]

Candy bar break in one trial, chocolate shake break in another. lol

Sounds like a very interesting court day ahead for you Chelly, will be looking forward to your notes afterwards.

 

[Chelly]

Day 3
Much happened this morning out of the presence of the jury.
1) Defendant refused to get dressed in his court clothes. He was brought to court in his bright yellow jail jumpsuit. He claimed guards would not allow him to wear the shoes his attorney bought him “because they cost more than $100.” According to defendant, the shoes were thrown out. Also claims his blood sugar is low because he doesn’t get a chance to eat before coming to court and medical issues are not being addressed. The shots of pain relievers only last 4 - 6 hours and he is in pain during the trial. He is angry that he is is not getting his Adivan. Judge having the Warden to come to court at 1:15 p.m. to discuss.

Judge also tells defendant he has right to dress as he pleases so if he wants to be tried in his yellow jumpsuit, he can do so. Judge denies motion for mistrial, Montoya vigorously rocking back and forth in his chair. I am seated three rows behind him.

2) The inmate who witnessed the killing ,and related it in a phone call to his girlfriend minutes after the killing, is scheduled to testify this morning. However, He refuses to enter the courtroom, claims he has no memory of event and fears for his life. Judge rules that witness “is unavailable and won’t be forced to testify. Not sure if Judge is disallowing inmate’s recorded phone call or if it will be entered into evidence later.

Judge suggests defendant and his atty meet privately to discuss changing into trial clothes. Defendant returns to court in a long sleeve shirt and pants. Didn’t see his shoes.

Jury enters and the rest of the morning we listen to jail recorded phone calls between defendant and girlfriend that took place a few days after the killing. He sounds like he is totally obsessed with GF. He sounds like he hasn’t a care in the world. The girlfriend says “They are talking about you”. She says they are saying he cut off the victim’s ear (He did. We saw that in the grisly autopsy photos). Defendant tells GF he doesn’t know what they are talking about. There is a good deal of laughing in the conversation and several “I love you’s” exchanged Phone calls lasted until lunch recess. I didn’t return to court for afternoon session and missed Day 4 as well. Hope to be there for Day 5.

 

[Nymeria]

Day 3
Much happened this morning out of the presence of the jury.
1) Defendant refused to get dressed in his court clothes. He was brought to court in his bright yellow jail jumpsuit. He claimed guards would not allow him to wear the shoes his attorney bought him “because they cost more than $100.” According to defendant, the shoes were thrown out. Also claims his blood sugar is low because he doesn’t get a chance to eat before coming to court and medical issues are not being addressed. The shots of pain relievers only last 4 - 6 hours and he is in pain during the trial. He is angry that he is is not getting his Adivan. Judge having the Warden to come to court at 1:15 p.m. to discuss.

Judge also tells defendant he has right to dress as he pleases so if he wants to be tried in his yellow jumpsuit, he can do so. Judge denies motion for mistrial, Montoya vigorously rocking back and forth in his chair. I am seated three rows behind him.

2) The inmate who witnessed the killing ,and related it in a phone call to his girlfriend minutes after the killing, is scheduled to testify this morning. However, He refuses to enter the courtroom, claims he has no memory of event and fears for his life. Judge rules that witness “is unavailable and won’t be forced to testify. Not sure if Judge is disallowing inmate’s recorded phone call or if it will be entered into evidence later.

Judge suggests defendant and his atty meet privately to discuss changing into trial clothes. Defendant returns to court in a long sleeve shirt and pants. Didn’t see his shoes.

Jury enters and the rest of the morning we listen to jail recorded phone calls between defendant and girlfriend that took place a few days after the killing. He sounds like he is totally obsessed with GF. He sounds like he hasn’t a care in the world. The girlfriend says “They are talking about you”. She says they are saying he cut off the victim’s ear (He did. We saw that in the grisly autopsy photos). Defendant tells GF he doesn’t know what they are talking about. There is a good deal of laughing in the conversation and several “I love you’s” exchanged Phone calls lasted until lunch recess. I didn’t return to court for afternoon session and missed Day 4 as well. Hope to be there for Day 5.

*BBM*
I wish you could video tape this one Chell, it sounds freakin' nuts!
:trainwreck:

:tyou: for you recap

 

[geevee]

Thanks for the rundown Chelly, and boy, does it ever sound nuts.

 

[Chelly]

*BBM*
I wish you could video tape this one Chell, it sounds freakin' nuts!
:trainwreck:

:tyou: for you recap

I know! I was thinking of you guys (my WS Friends) and wishing you could be in the courtroom too. We would have such great discussions. What a pity there is no streaming and no ongoing news reports. MSM doesn't care about male Latino inmates killing each other off in jail showers. HOWEVER, When a young, attractive, caucasian woman is murdered.....well that is a different tory. Just My Opinion...... don't shoot me.

 

[Chelly]

Thanks for the rundown Chelly, and boy, does it ever sound nuts.

You are welcome. I am enjoying being a spectator. Sorry I missed yesterday afternoon and today (life interfered). Wish we had news reports for catching up. Our local newspaper isn't even sending a reporter to cover it.

 

[geevee]

You are welcome. I am enjoying being a spectator. Sorry I missed yesterday afternoon and today (life interfered). Wish we had news reports for catching up. Our local newspaper isn't even sending a reporter to cover it.

Seems like with as crazy as things are in the courtroom, they'd sell more papers if they covered it, bizarre but really interesting reading.

 

[Chelly]

Seems like with as crazy as things are in the courtroom, they'd sell more papers if they covered it, bizarre but really interesting reading.

Our city's newspaper is more focused on soft news I think.

 

[geevee]

Our city's newspaper is more focused on soft news I think.

It is a pretty hairy happening, likely difficult to detail in the paper without upsetting some readers, as graphic as they may need to be. Are you going on Monday?

 

[Chelly]

It is a pretty hairy happening, likely difficult to detail in the paper without upsetting some readers, as graphic as they may need to be. Are you going on Monday?

Good point.

Yes, I will be there Monday. My calendar next week is clear so I should be able to attend the rest of the trial. I'm going to try to find out how to get a wifi connection at the courthouse.

 

[geevee]

Alrighty, I'll check your twitter and post anything you're able to send out.

 

[HauntsForHope]

Alrighty, I'll check your twitter and post anything you're able to send out.

:yourock: