demo_news
03-24-2006, 11:20 PM
Added time in 2002 murder trial
Defense gets continuance to call more witnesses
By REBECCA ADLER/Democrat Staff Writer
After questioning their last witness Wednesday afternoon, defense attorneys in the Halloween homicide trial sought a last-minute continuance to call additional witnesses.
Judge W. Arvid Johnson granted the continuance, allowing the defense extra time to find more witnesses willing to testify in the case.
Attorney Thomas Purtell, representing Ernesto Arellano, said he has a witness who may testify he knows who the shooter was and where the weapon was found. But Purtell said the witness may take the fifth amendment if called to the stand.
Purtell said either way he expects to rest his case Tuesday morning. Until then the trial will remain in recess to give him time to locate his witnesses and ask them to testify.
Once the defense rests there will be a rebuttal by Deputy District Attorneys Jim Walker and Jeff Reisig, followed by closing statements.
Jurors will then decide whether to send any or all of the three men - Ernesto Arellano, 33, Oscar Cervantes, 31, and James Olague, 28 - to prison.
Each of the three is accused of murder, attempted murder and criminal street gang activity in connection with the murders of Eric Folsom, 17, and Robert Stepper, 20, on Oct. 31, 2002. Two teenage girls were also injured in the shootings, which took place on Oak Avenue.
All three men are admitted gang members who allegedly plotted to kill Stepper because of a drug debt equaling about $400 - a debt attributed to Christina Marten, who is currently serving a life sentence in Chowchilla for her involvement in the murders.
Originally six men had been on trial for the murders, but three took plea agreements before trial began. Richard Betancourt, Nathaniel Easlon and Gilberto Lopez each pleaded guilty and agreed to testify in the trial in exchange for lesser sentences.
Each of the men still on trial faces a possible life sentence, with Arellano, who allegedly planned and ordered the murders, and Cervantes, the alleged shooter, both facing possible death sentences if convicted.
The case is expected to be given to the jury for a decision by April 4.
Neither the prosecution nor the defense has an estimation on how long it will take for the jury to decide the case.
Defense gets continuance to call more witnesses
By REBECCA ADLER/Democrat Staff Writer
After questioning their last witness Wednesday afternoon, defense attorneys in the Halloween homicide trial sought a last-minute continuance to call additional witnesses.
Judge W. Arvid Johnson granted the continuance, allowing the defense extra time to find more witnesses willing to testify in the case.
Attorney Thomas Purtell, representing Ernesto Arellano, said he has a witness who may testify he knows who the shooter was and where the weapon was found. But Purtell said the witness may take the fifth amendment if called to the stand.
Purtell said either way he expects to rest his case Tuesday morning. Until then the trial will remain in recess to give him time to locate his witnesses and ask them to testify.
Once the defense rests there will be a rebuttal by Deputy District Attorneys Jim Walker and Jeff Reisig, followed by closing statements.
Jurors will then decide whether to send any or all of the three men - Ernesto Arellano, 33, Oscar Cervantes, 31, and James Olague, 28 - to prison.
Each of the three is accused of murder, attempted murder and criminal street gang activity in connection with the murders of Eric Folsom, 17, and Robert Stepper, 20, on Oct. 31, 2002. Two teenage girls were also injured in the shootings, which took place on Oak Avenue.
All three men are admitted gang members who allegedly plotted to kill Stepper because of a drug debt equaling about $400 - a debt attributed to Christina Marten, who is currently serving a life sentence in Chowchilla for her involvement in the murders.
Originally six men had been on trial for the murders, but three took plea agreements before trial began. Richard Betancourt, Nathaniel Easlon and Gilberto Lopez each pleaded guilty and agreed to testify in the trial in exchange for lesser sentences.
Each of the men still on trial faces a possible life sentence, with Arellano, who allegedly planned and ordered the murders, and Cervantes, the alleged shooter, both facing possible death sentences if convicted.
The case is expected to be given to the jury for a decision by April 4.
Neither the prosecution nor the defense has an estimation on how long it will take for the jury to decide the case.