Update: Chavez trial closings
By Jeff Proctor / Journal Staff Writer on Fri, Jul 12, 2013
1:20 p.m.
BERNALILLOSenior Trial Attorney Bryan McKay told jurors during his closing argument this morning that Levi Chavez was shamed over numerous extramarital affairs and that he needed to shut his wife up about an insurance fraud she believed he had committed.
Thats why, on Oct. 21, 2007, some time after midnight, he shoves the gun into the back of her mouth and pulls the trigger, McKay said while standing in front of the jury box and, in as animated a fashion as hes demonstrated since Chavezs murder trial began on June 10, showed the jury with a model pistol how he believed Tera Chavez died.
David Serna, Chavezs attorney, got his turn after McKays hour-and-20-minute closing argument.
Serna spent more than 15 minutes describing for the jury the high burden of beyond a reasonable doubt prosecutors must meet to convict Chavez of first-degree murder and evidence tampering charges.
Such a conviction could earn Chavez a life sentence.
A criminal case, Serna said after showing the jury a large doubt-measurement chart, is about whether the state can prove what it has alleged beyond a reasonable doubt.
He argued that prosecutors hadnt even come close, that Chavez was unfairly targeted as a suspect after then-Valencia County Sheriffs Detective Aaron Jones met with Teras father, Joseph Cordova, after her death.
He promised to tell the jury about the combustion that occurred when those two got together and how it rolled from there.
Serna got an hour into his closing argument before state District Judge George P. Eichwald called a lunch recess at noon.
The aggressive defense attorney will have as long as two more hours to try and convince the jury of his clients innocence before yielding the floor to prosecutors, who will have about an hour and 40 minutes for a rebuttal.
Then the jury 14 women and four men, six of whom will be excused as alternates before deliberations will begin the process of deciding the fate of Chavez, a former Albuquerque police officer.
Its an all-or-nothing proposition for McKay and his co-counsel, Assistant District Attorney Anne Keener.
There are no lesser-included charges, such as second-degree murder or manslaughter, on the verdict form the jury will complete. And its nearly impossible to imagine the jury will convict Chavez of staging Teras death scene if jurors dont believe he killed her.
Before it was actually Sernas turn to make his case, he made his voice heard in the courtroom.
McKay was summarizing earlier testimony from an FBI forensic cellphone examiner who reviewed cellphones that belonged to Levi and Tera. He was pointing out that numerous texts sent to Levis phone from Teras were recovered by the examiner, but that there werent any texts in Teras phone.
Can we approach the bench? Serna asked Eichwald, then turned to McKay and continued: Im sorry to interrupt your presentation I really didnt want to have to do this.
The objection prompted visible reactions from jurors and, for the first time during the trial, conversations among them taking place.
The short bench conference did not appear to alter McKays course.
He began his closing argument by describing for the first time the sequence of events that, according to the prosecution, led to Teras death:
After getting off work at midnight following a swing shift for APD, Levi Chavez turned off his cellphone and drove to the couples home near Los Lunas.
When he arrived, he looked into a window to make sure things were dark. They were, so he used his key to unlock the front door and went inside.
Carrying his APD-issued Glock 9 mm pistol, Chavez went into the bedroom and probably found Tera asleep, McKay said. She had been awake most of the past 36 hours and had Benadryl ad high levels of Tylenol PM in her system.
Tera had called in sick to work that day and would likely have been sleeping with her mouth open, he said.
Levi crept up to the bed, McKay said. Then he Slama that gun in her mouth and pulls the trigger, he shouted.
Hopped up and in an adrenaline state, Chavez accidentally pressed the button on the gun that releases its magazine and placed the gun, upside down, beside his wifes dead body.
Then Chavez got in the shower as evidenced by the damp towel Jones found at the scene nearly 20 hours later, McKay said.
Chavez then sent himself a text from Teras phone to make it appear like she was contemplating suicide, he said. Finally, Levi put his APD uniform back on and drove to the Albuquerque home of Deborah Romero, a fellow APD officer with whom he was having an affair.
Ladies and gentlemen, there is no such thing as the perfect murder, McKay said after going through testimony and evidence he said proved Levi guilty. Even that thin blue line cracks, and people start to realize that somethings wrong. Common sense tells you
The defendant killed Tera Chavez.
http://www.abqjournal.com/main/220354/news/does-dna-show-tera-handled-gun.html