http://www.abqjournal.com/main/213844/news/alibi-witness-tries-to-get-out-of-chave-ztrial.html
10:03 a.m.
BERNALILLO–Levi Chavez’s APD partner on the weekend in 2007 when Chavez allegedly killed his wife may yet testify in the ongoing murder trial in state District Court. But if Russell Perea does testify, he’ll do so with a promise of immunity.
State District Judge George P. Eichwald said during a hearing on Perea’s testimony this morning that he will look into whether he himself can grant the former APD officer his immunity.
Eichwald said he had a week or so to figure it out.
That’s because Perea wouldn’t take the stand until next week at the earliest, when Chavez’s attorney, David Serna, begins the presentation of his case in chief.
Serna had sought to compel Perea’s testimony as an alibi witness for Chavez.
But Perea, through his attorney, Sam Bregman, made it clear that he intended to assert his Fifth Amendment right against self-incrimination and that he would not testify.
“Every citizen in this country has the right to the Fifth Amendment,” Bregman said in court this morning. “Where are the immunity orders, judge? If they want my client’s testimony so bad, they need to grant him some kind of immunity.”
Bryan McKay, the chief prosecutor in Chavez’s murder case, said that if Perea takes the witness stand — regardless of any immunity order — any and all potential questions of Perea are fair game.
“If he gets called, we will assert our right to fully and effectively cross-examine him,” McKay said.
Also this morning, Eichwald ruled that prosecutors can play a recorded deposition Chavez gave in a civil wrongful death lawsuit against him.
The prosecutors, however, will only be allowed to play the audio of that recording.
Eichwald, picking up on a concern raised by Serna, said he didn’t want the jury to see the video, in part, because Chavez was dressed casually during the deposition and he didn’t appear pleased to be speaking with civil attorneys hired by the family of his dead wife, Tera Chavez.