NM - Tera Chavez, 26, found dead in her Los Lunas home, 22 Oct 2007 - #1
- Thread starter cluciano63
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I think the judge said instead of Farrelly trstifying he would read a statement to the jury, Slama can be called by DT but PT can cross her and open the door to what she said to Farrelly about LC telling her he was in the shower when he heard the shot.
NCB
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I watched it Sunday night and thought of you, actually!
It's one of my very, very favorites.
see you lovely sleuthers tomorrow:seeya:
nc east......hope u saw my previous post to you about your siggie
I did, thank you again!!
NCB
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Done for the day. Business as usual tomorrow.
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calamityjane831
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So done for today and begin tomorrow. Phew!!!!
seattlechiquita
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Boohoohoo. See you all tomorrow.
ChubbyCheeks
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seattlechiquita
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Oh I will baby --- have massage therapy tonight! :rockon:
From the ABQ Journal, last update today:
Judge rules Chavez case can continue
By Jeff Proctor / Journal Staff Writer on Tue, Jun 18, 2013
POSTED: 1:10 pm
LAST UPDATED: 4:17 pm
3:41 p.m.
The Levi Chavez trial will continue.
In a series of rulings this afternoon, delivered to a packed, electrified courtroom, State District Court Judge George P. Eichwald essentially granted prosecutors a series of victories that will allow them to continue to seek a murder conviction against Chavez, a former Albuquerque Police officer.
Eichwald ruled that the state’s conduct was not willful. He therefore denied requests for mistral or an outright dismissal of Chavez’s charges that came earlier today from defense attorney David Serna.
However, the judge also ruled that Chavez had been prejudiced because prosecutors had “breached their duty” in not seeking evidence that was material to the case. As a result, state insurance fraud investigator Richard Farrelly will only be allowed to testify if he is called by the defense. But jurors will be instructed that Farrelly began an insurance fraud investigation after receiving a telephone call from the Los Lunas Style America salon where Tera Chavez worked. The jury also will be told that the investigation resulted in no charges.
Another of Serna’s requests was that testimony given last week given by Rose Slama, one of Levi Chavez’s numerous mistresses, be stricken from the record and the jury be told to disregard what she said from the witness stand.
The judge denied that request, but told Serna that he is welcome to call Slama back to the witness stand. “If you bring her back it opens the door to all of the other things she said to Richard Farrelly as well,” Eichwald told Serna. “The defendant does so at his own risk.”
The trial is scheduled is to resume tomorrow morning with testimony from prosecution witnesses.
2:45 p.m.
Prosecutor Ann Keener, in an emotionally charged statement this afternoon during a hearing on allegedly withheld evidence in the murder trial of former Albuquerque police officer Levi Chavez, said the DA’s Office would appeal if state District Judge George P. Eichwald suppresses the testimony of two key witnesses.
Keener said the state has the right to do exactly that — even in the middle of a trial — under a 2012 New Mexico Supreme Court ruling.
“Do you have the right to appeal a dismissal?” Eichwald shot back at Keener, drawing snickers from Chavez’s attorney, David Serna, and from members of the Chavez family in the courtroom.
“I’m not saying that I’m going to do that,” Eichwald added.
Dismissal of charges and a barring of the state’s ability to bring a new case is exactly what Serna has asked for today, citing what he says was the state’s failure to seek out reports and investigative notes that would have allowed him to more thoroughly cross-examine and possibly discredit key prosecution witnesses.
In the event that Eichwald won’t dismiss the charges outright, Serna wants him to declare a mistrial and order that there will be no second bite at the apple for prosecutors.
At the very least, Serna wants one witness’ testimony stricken and another prevented from testifying.
Keener, on the other hand, has asked Eichwald to call the witness who already has testified — one of Chavez’s mistresses — back to the stand for cross-examination that includes the newly disclosed evidence.
Eichwald will announce his decision at 3 p.m.
1:10 p.m.
A three-hour hearing regarding allegedly withheld evidence in the murder trial of former Albuquerque police officer Levi Chavez concluded shortly after noon today with Bryan McKay on the witness stand answering questions on cross-examination by Chavez’s attorney, David Serna.
After all was said and done, Serna asked state District Judge George P. Eichwald to consider one of three options:
Dismiss the murder and evidence tampering charges against Chavez, which stem from, as the prosecution contends, the fatal shot he allegedly fired from his APD-issued handgun into the mouth of his wife, Tera Chavez, in the couple’s home near Los Lunas in October 2007.
Declare a mistrial and make a ruling that the state can’t pursue a new trial under double jeopardy prohibitions.
Strike testimony given last week by one of Chavez’s many mistresses that contradicted his story about where he was at the time his wife died; and bar the expected testimony of the state agent who investigated the disappearance of Chavez’s truck.
Prosecutors contend that Tera Chavez told people before she died that the truck hasn’t really been stolen – but rather, the “theft had been staged” by Chavez and possibly other police officers – and that Levi knew has wife had repeated that claim to others.
Eichwald has not ruled on Serna’s requests, but he did give some indication of what he does not plan to do when he said he was ordering the jury back to court after a lunch break and prosecutors should plan to put some witnesses on the stand.
The point of the hearing was to determine whether, as Serna alleged in an emergency motion filed yesterday, prosecutors had withheld key evidence Serna says could’ve been favorable to his client’s case.
It was conducted outside the presence of the jury.
The hearing featured arguments from attorney Brad Hall, who is representing the family of Tera Chavez, Levi’s wife, in a civil wrongful death lawsuit against Levi.
Hall said Serna was deeply involved in Levi Chavez’s defense in the civil case – which Serna denies – and that as a result, he would’ve had access to much if not all of the evidence Serna says was withheld.
Hall also pointed out that much of the evidence Serna says he never got – including a nine-page report completed by Richard Farrelly, the insurance fraud investigator – are available to the public in court filings.
“This is obviously and clearly a tactical decision by the criminal defense team to try to get the state to provide information” that would’ve been available through numerous channels, Hall said in court. “Yes, my office has this information, but so does Levi Chavez’s lawyer, Norman Weiss (who represented Chavez in the civil case.) Mr. Serna, also, was a lot more involved in that case than he lets on in his emergency motion.”
Eichwald, after Hall’s arguments, ruled that Hall does not, as Serna asked, have to turn over to the court any of the documents he collected or produced during civil litigation.
Several times during this morning’s hearing, Serna argued that the burden to produce evidence and other discoverable items — particularly those that would be favorable to a defendant or would speak to the credibility of witnesses — rests with the state.
Farrelly also took the stand this morning. He testified that he never turned over to the DA’s Office notes he made during an interview with the Chavez mistress about her contradiction of his story because he was never asked whether he had information about the alleged murder.
Those notes were at the heart of this morning’s hearing. Neither Serna nor the prosecutors knew they existed prior to late last week.
When asked why claims from the mistress, Rose Slama, weren’t included in his report, Farrelly said: “Because it wasn’t part of the theft investigation.”
McKay, the lead prosecutor in the case, took the stand to testify about his involvement in the case from the beginning. He also testified that he would never have known about the notes because they weren’t mentioned in Farrelly’s report.
Ron Lopez, chief deputy of the 13th Judicial DA’s Office, testified that he met with Farrelly multiple times, and Farelly never mentioned Slama’s claims.
McKay also testified that he sent Serna a copy of a deposition Farrelly gave in the civil case “multiple times.” Attached to that deposition, McKay said, was Farrelly’s report.
The second time was on May 17 – the day after Serna interviewed Farrelly.
Serna says he never got the report.
“You can bet your bottom dollar, judge, that I would’ve been making a whole lot of noise about it if I had,” he said. “And I would’ve demanded to re-interview Mr. Farrelly.”
I’ll update this post as soon after Eichwald makes his ruling as I can.
Judge rules Chavez case can continue
By Jeff Proctor / Journal Staff Writer on Tue, Jun 18, 2013
POSTED: 1:10 pm
LAST UPDATED: 4:17 pm
3:41 p.m.
The Levi Chavez trial will continue.
In a series of rulings this afternoon, delivered to a packed, electrified courtroom, State District Court Judge George P. Eichwald essentially granted prosecutors a series of victories that will allow them to continue to seek a murder conviction against Chavez, a former Albuquerque Police officer.
Eichwald ruled that the state’s conduct was not willful. He therefore denied requests for mistral or an outright dismissal of Chavez’s charges that came earlier today from defense attorney David Serna.
However, the judge also ruled that Chavez had been prejudiced because prosecutors had “breached their duty” in not seeking evidence that was material to the case. As a result, state insurance fraud investigator Richard Farrelly will only be allowed to testify if he is called by the defense. But jurors will be instructed that Farrelly began an insurance fraud investigation after receiving a telephone call from the Los Lunas Style America salon where Tera Chavez worked. The jury also will be told that the investigation resulted in no charges.
Another of Serna’s requests was that testimony given last week given by Rose Slama, one of Levi Chavez’s numerous mistresses, be stricken from the record and the jury be told to disregard what she said from the witness stand.
The judge denied that request, but told Serna that he is welcome to call Slama back to the witness stand. “If you bring her back it opens the door to all of the other things she said to Richard Farrelly as well,” Eichwald told Serna. “The defendant does so at his own risk.”
The trial is scheduled is to resume tomorrow morning with testimony from prosecution witnesses.
2:45 p.m.
Prosecutor Ann Keener, in an emotionally charged statement this afternoon during a hearing on allegedly withheld evidence in the murder trial of former Albuquerque police officer Levi Chavez, said the DA’s Office would appeal if state District Judge George P. Eichwald suppresses the testimony of two key witnesses.
Keener said the state has the right to do exactly that — even in the middle of a trial — under a 2012 New Mexico Supreme Court ruling.
“Do you have the right to appeal a dismissal?” Eichwald shot back at Keener, drawing snickers from Chavez’s attorney, David Serna, and from members of the Chavez family in the courtroom.
“I’m not saying that I’m going to do that,” Eichwald added.
Dismissal of charges and a barring of the state’s ability to bring a new case is exactly what Serna has asked for today, citing what he says was the state’s failure to seek out reports and investigative notes that would have allowed him to more thoroughly cross-examine and possibly discredit key prosecution witnesses.
In the event that Eichwald won’t dismiss the charges outright, Serna wants him to declare a mistrial and order that there will be no second bite at the apple for prosecutors.
At the very least, Serna wants one witness’ testimony stricken and another prevented from testifying.
Keener, on the other hand, has asked Eichwald to call the witness who already has testified — one of Chavez’s mistresses — back to the stand for cross-examination that includes the newly disclosed evidence.
Eichwald will announce his decision at 3 p.m.
1:10 p.m.
A three-hour hearing regarding allegedly withheld evidence in the murder trial of former Albuquerque police officer Levi Chavez concluded shortly after noon today with Bryan McKay on the witness stand answering questions on cross-examination by Chavez’s attorney, David Serna.
After all was said and done, Serna asked state District Judge George P. Eichwald to consider one of three options:
Dismiss the murder and evidence tampering charges against Chavez, which stem from, as the prosecution contends, the fatal shot he allegedly fired from his APD-issued handgun into the mouth of his wife, Tera Chavez, in the couple’s home near Los Lunas in October 2007.
Declare a mistrial and make a ruling that the state can’t pursue a new trial under double jeopardy prohibitions.
Strike testimony given last week by one of Chavez’s many mistresses that contradicted his story about where he was at the time his wife died; and bar the expected testimony of the state agent who investigated the disappearance of Chavez’s truck.
Prosecutors contend that Tera Chavez told people before she died that the truck hasn’t really been stolen – but rather, the “theft had been staged” by Chavez and possibly other police officers – and that Levi knew has wife had repeated that claim to others.
Eichwald has not ruled on Serna’s requests, but he did give some indication of what he does not plan to do when he said he was ordering the jury back to court after a lunch break and prosecutors should plan to put some witnesses on the stand.
The point of the hearing was to determine whether, as Serna alleged in an emergency motion filed yesterday, prosecutors had withheld key evidence Serna says could’ve been favorable to his client’s case.
It was conducted outside the presence of the jury.
The hearing featured arguments from attorney Brad Hall, who is representing the family of Tera Chavez, Levi’s wife, in a civil wrongful death lawsuit against Levi.
Hall said Serna was deeply involved in Levi Chavez’s defense in the civil case – which Serna denies – and that as a result, he would’ve had access to much if not all of the evidence Serna says was withheld.
Hall also pointed out that much of the evidence Serna says he never got – including a nine-page report completed by Richard Farrelly, the insurance fraud investigator – are available to the public in court filings.
“This is obviously and clearly a tactical decision by the criminal defense team to try to get the state to provide information” that would’ve been available through numerous channels, Hall said in court. “Yes, my office has this information, but so does Levi Chavez’s lawyer, Norman Weiss (who represented Chavez in the civil case.) Mr. Serna, also, was a lot more involved in that case than he lets on in his emergency motion.”
Eichwald, after Hall’s arguments, ruled that Hall does not, as Serna asked, have to turn over to the court any of the documents he collected or produced during civil litigation.
Several times during this morning’s hearing, Serna argued that the burden to produce evidence and other discoverable items — particularly those that would be favorable to a defendant or would speak to the credibility of witnesses — rests with the state.
Farrelly also took the stand this morning. He testified that he never turned over to the DA’s Office notes he made during an interview with the Chavez mistress about her contradiction of his story because he was never asked whether he had information about the alleged murder.
Those notes were at the heart of this morning’s hearing. Neither Serna nor the prosecutors knew they existed prior to late last week.
When asked why claims from the mistress, Rose Slama, weren’t included in his report, Farrelly said: “Because it wasn’t part of the theft investigation.”
McKay, the lead prosecutor in the case, took the stand to testify about his involvement in the case from the beginning. He also testified that he would never have known about the notes because they weren’t mentioned in Farrelly’s report.
Ron Lopez, chief deputy of the 13th Judicial DA’s Office, testified that he met with Farrelly multiple times, and Farelly never mentioned Slama’s claims.
McKay also testified that he sent Serna a copy of a deposition Farrelly gave in the civil case “multiple times.” Attached to that deposition, McKay said, was Farrelly’s report.
The second time was on May 17 – the day after Serna interviewed Farrelly.
Serna says he never got the report.
“You can bet your bottom dollar, judge, that I would’ve been making a whole lot of noise about it if I had,” he said. “And I would’ve demanded to re-interview Mr. Farrelly.”
I’ll update this post as soon after Eichwald makes his ruling as I can.
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I can only picture the look of terror in her eyes as he did.this.
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seattlechiquita
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Excellent book, even if horrific at the same time.
seattlechiquita
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It is thought Tera was asleep, sitting on her bed when she has shot. If this is correct, she didn't see it coming. I pray this is the case.
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I wonder if there is a way to tell for sure. I also hope this is the case.
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