– The following article appeared on page A1 of the Friday, July 11, 2013, edition of the Albuquerque Journal.
Does DNA show Tera handled gun
BERNALILLO – Defense attorney David Serna put up one more hurdle on Thursday as the murder trial for his client, former Albuquerque police officer Levi Chavez, ground slowly toward closing arguments.
Jurors spent very little time in the courtroom during a stop-and-start day that saw brief testimony from only one person: the prosecutors’ lone rebuttal witness.
And after they had been sent home for the day, Serna implored state District Judge George P. Eichwald for a “cautionary jury instruction” related to DNA evidence introduced during the trial last month.
At issue: Testimony from Alanna Williams, who tested the Albuquerque Police Department-issued Glock 9 mm pistol that killed Chavez’s wife, 26-year-old Tera Chavez, in the couple’s home near Los Lunas in 2007.
Chavez is accused of killing his wife, while he claims she committed suicide.
On the gun’s muzzle, Williams found blood that contained DNA matching Tera’s DNA, Williams testified on June 24. And on the Glock’s grip, she found an equal-parts mixture of both Tera’s and Levi’s DNA.
Williams testified that her testing was aimed at finding non-blood DNA on the grip, but she couldn’t be sure she had accomplished that. Several portions of the Glock were covered in blood when Valencia County Sheriff’s investigators recovered the pistol.
Williams said she wanted to determine who had actually handled the weapon, and that’s why she was trying to find non-blood DNA.
Serna gave a hint as to why her testimony is important:
“The state’s gonna argue (in closing arguments) that Tera never touched that gun,” he said.
But Serna pointed to the results of tests contained in Williams’ report that showed no “presumptive positive” results for blood on the grip. If Tera’s DNA that was collected from the grip did not come from her blood, that would mean she handled the gun.
Serna at first asked that a special instruction be given to the jury that would mention the tests and tell jurors to “disregard testimony and arguments to the contrary.”
Senior Trial Attorney Bryan McKay argued against that idea, saying such an instruction “makes no sense.” He also opposed admitting the report into evidence and instead suggested recalling Williams to the stand.
Eichwald ultimately decided to review the relevant portions of Williams’ testimony Thursday evening and make a ruling on Serna’s request for a special jury instruction early this morning.
Once that’s finished, closing arguments will begin.
Serna has twice asked for a mistrial and, on another occasion, asked Eichwald for a directed verdict declaring Levi Chavez innocent of both counts with which he is charged: first-degree murder of his wife and evidence tampering.
The jury will get the case sometime today – at the end of the fifth week of testimony and arguments. It is unclear whether jurors will be required to deliberate over the weekend.
Tera’s dad testifies
Prosecutors’ only rebuttal witness Thursday was Joseph Cordova, Tera Chavez’s father.
Levi Chavez testified Wednesday for more than five hours.
Cordova, who testified earlier in the trial as a prosecution witness, was recalled Thursday to refute some of the statements his former son-in-law made from the witness stand.
One of those was a statement in which Levi described why he had cheated on Tera after he got her pregnant while the two were in high school.
Joseph Cordova and his wife, Levi testified, had filed court papers to take custody of the unborn child during Tera’s pregnancy. The Cordovas’ attempt to take custody of the child strained the relationship between Tera and Levi, he said. That’s one of the reasons he said he cheated.
Cordova testified Thursday that the court papers were filed so that the baby girl would have health care coverage. Both Tera and Levi, who were minors at the time, had signed the documents, he said, and Levi had consulted an attorney before doing so.
Eichwald barred planned testimony from Cordova about financial difficulties Tera and Levi were having prior to Tera’s death.
Levi Chavez testified Wednesday that the couple was doing well financially in 2007 and that they never argued about money.
Before Cordova ever took the stand, Serna argued that he should not be allowed to because his proposed testimony wouldn’t amount to true rebuttal.
Assistant District Attorney Anne Keener countered, saying what Cordova would testify to could call into question Levi’s credibility.
“The jury gets to decide the credibility of a witness,” she said. “Context is everything: it all comes down to the credibility of witnesses.”
Keener also got in a bit of a shot, although the jury didn’t get to hear it, about Levi’s testimony that he renounced his philandering ways after Tera’s death.
For example, he testified that, although he was cheating on Tera with fellow APD officer Deborah Romero at the time of Tera’s death – and that he was with Romero the weekend his wife died – he did not pursue anything romantic with Romero after Tera’s death.
Levi Chavez testified that he spoke with Romero after Tera died, but only in the context of friendship.
Keener pointed out that Romero said otherwise in a deposition she gave for a civil wrongful death lawsuit filed against Levi Chavez by the Cordovas.
“She said in her deposition that Levi called her all the time after Tera’s death for sex,” Keener said, adding that Romero rebuffed Levi Chavez’s advances.
Keener also had planned to call several “APD people,” but prosecutors didn’t have time to serve subpoenas on them.
“APD is absolutely not showing up without being served,” she said.
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