Levi Chavez trial, live blog day 7

June 18th, 2013 at 9:40 am by under News

KRQE News 13 Reporters Amanda Goodman and Alex Goldsmith are in the courtroom covering the Levi Chavez trial.

Levi Chavez is accused of shooting and killing 26-year-old Tera Chavez with his department-issued handgun in their Los Lunas home, and of trying to make her death look like a suicide because prosecutors say she was about to report him for insurance fraud. He is charged with first-degree murder and evidence tampering.

Live Updates @krqe_agoodman@alexg_reporter #LeviChavez (most recent updates are displayed first)

  • Court is in recess. #LeviChavez
  • Jury’s been sent home for the day. #LeviChavez
  • Defense is allowed to call Farrelly as well if it wants to, but state can cross-examine. #LeviChavez
  • Judge not allowing Richard Farrelly to testify. #LeviChavez
  • Judge is allowing Rose Slama to re-testify, but only if called by the defense. #LeviChavez
  • Judge not granting mistrial or dismissal. #LeviChavez
  • Judge Eichwald is back in the courtroom. #LeviChavez
  • Both prosecution and defense are in place, judge could come in any second now. #LeviChavez
  • Still anxiously waiting for the judge to come back with his ruling. Very tense courtroom. #LeviChavez
  • Judge walked off bench, says he’ll be back in 30 minutes with a decision. #LeviChavez
  • Judge cuts off argument: I’m not going to play ping pong anymore #LeviChavez
  • That’s the first real comment the judge has really so far… Clarified right after that he isn’t necessarily doing that. #LeviChavez
  • Judge just asked DA: Do you get to appeal a dismissal?
  • Serna: It’s not a remedy to recall Slama to the witness stand. #LeviChavez
  • Co-counsel Anne Keener sits down, Serna back up and arguing. #LeviChavez
  • The state says if the judge suppresses Slama and Farrelly, they would plan an appeal. #LeviChavez
  • State: Farrelly and Slama should both be allowed to retestify, not excluded from trial. #LeviChavez
  • DA proposing bringing Rose Slama back to re-testify and answer questions about Farrelly. #LeviChavez
  • State: No way does this problem rise to a mistrial barring retrial. #LeviChavez
  • State: There was absolutely no way to know we should’ve known what Farrelly knew. #LeviChavez
  • State again contradicting Farrelly on exactly how much help he provided Slama with child support enforcement. #LeviChavez
  • State reiterating Farrelly sprang the information about Slama and Romero on them too. #LeviChavez
  • State: Serna never presented us with cases, claims violation of rules, will rebut Serna anyway #LeviChavez
  • Serna referring to DA: I would expect the state, with its army against Levi, would do some research too. #LeviChavez
  • State and Serna butting heads before state’s response to Serna’s motion. #LeviChavez
  • Serna reiterates that, at a minimum, Slama and Farrelly’s testimony should be excluded. #LeviChavez
  • Serna wrapping up now… Only asking for mistrial if retrial is barred. Doesn’t want a redo. #LeviChavez
  • Serna also claiming state violated judge’s discovery order deadline. #LeviChavez
  • Serna specifically mentioned real-time tweets, web slides. Thanks for the plug! #LeviChavez
  • Serna upset about the media circus, says it would be impossible to get another impartial jury given coverage. #LeviChavez
  • Serna: State had a duty to ask Farrelly if he had any handwritten notes on the case. #LeviChavez
  • In case there are any true legal nerds out there, the cases Serna’s talking about are State v. Breit and State v. McClaugherty. #LeviChavez
  • Serna referring to two New Mexico cases to ask judge for mistrial barring retrial. #LeviChavez
  • Court is back in session. Serna picking up where he left off. #LeviChavez
  • Right before, Serna was setting up case asking for a mistrial barring a retrial, meaning #LeviChavez would have charges dropped.
  • Court is on lunch break. #LeviChavez
  • State wants jury sent home today so it has time to review Serna’s issues. Judge says not yet. #LeviChavez
  • If judge bars Farrelly from testifying and strikes Slama’s testimony, state’s motive argument would be completely nullified. #LeviChavez
  • Serna: Court has to bar testimony of Richard Farrelly. #LeviChavez
  • Serna: The damage cannot be undone at this point. #LeviChavez
  • Serna: State doesn’t have to have acted in bad faith, just negligently, to trigger penalties. #LeviChavez
  • Serna: It has to be like Rose Slama never happened. #LeviChavez
  • Serna: At a minimum we believe the court should strike the testimony of Rose Slama, order jury not to consider it. #LeviChavez
  • Serna: Whether the state considers it a big deal or not, Farrelly’s treatment of Slama is info the defense had the right to. #LeviChavez
  • Serna: State has affirmative duty to ask witnesses if they have material Serna might be able to use. #LeviChavez
  • McKay off the witness stand and back to the prosecutor’s chair. #LeviChavez
  • McKay: Serna had full access to the state’s file on this case to see if they’re missing anything. #LeviChavez
  • Serna asking if McKay had read receipts or successful fax transmissions. Unclear if the state does. #LeviChavez
  • Serna, repeatedly: We would welcome any documentary evidence of your claims you sent us Farrelly material. #LeviChavez
  • Serna challenging McKay on whether state sent over Farrelly depositions prior to him interviewing Farrelly. #LeviChavez
  • Serna: Claim that this case never about the truck was disingenuous at best. #LeviChavez
  • Serna now cross-examining his legal opponent in #LeviChavez murder trial, Bryan McKay. Icy greeting from Serna.
  • McKay: No indication at all that the insurance fraud investigation spoke with Slama or Romero. #LeviChavez
  • McKay: We weren’t interested in whether #LeviChavez defrauded insurance, just whether what Tera said could serve as a motive.
  • McKay walking through his history with the #LeviChavez case, how/when they received their information.
  • Lead prosecutor Bryan McKay now on the stand. #LeviChavez
  • Instead, state calls Ron Lopez, chief deputy from the DA’s office. #LeviChavez
  • State says it plans to call lead prosecutor Bryan McKay to the stand at some point. #LeviChavez
  • Farrelly steps down. #LeviChavez
  • Serna back on cross-examination of Farrelly. #LeviChavez
  • Farrelly says he only brought up issues with Slama because of seeing TV reports about the case. #LeviChavez
  • State confronting Farrelly on the stand about why he didn’t tell prosecution about extra interviews. Getting heated.
  • Serna done with Farrelly, state’s turn now. #LeviChavez
  • Farrelly says he never made a call to child support enforcement to help out Rose Slama, only gave her contact info. #LeviChavez
  • Farrelly wrote in case notes “She is a big mess” referring to Rose Slama. #LeviChavez
  • Farrelly: I met with Rose Slama twice in June 2008 #LeviChavez
  • Farrelly: Affidavit from #LeviChavez case was done because attorneys were worried I wouldn’t be alive to testify.
  • Serna calls Farrelly to the stand to talk about the issues Serna raised. #LeviChavez
  • Hall excused by Judge. Farrelly issue still to be resolved. #LeviChavez
  • Judge finds Brad Hall did nothing wrong, made files available, has no obligation to bring them to the court. #LeviChavez
  • Serna: State claims it sent over Farrelly’s report, I never got it. #LeviChavez
  • Serna: Real issue is what the state produced or didn’t produce, not Brad Hall. #LeviChavez
  • Serna accusing Hall of spreading lies about #LeviChavez .
  • Serna back up to respond again. #LeviChavez
  • State: We in no way shape or form had that information before Farrelly told us Sunday evening. #LeviChavez
  • State says it first learned about Richard Farrelly’s case notebook on Sunday. #LeviChavez
  • Serna looking over emails, documents from the state showing evidence was turned over. #LeviChavez
  • Hall asking court to award fees for his work on Serna’s motion. #LeviChavez
  • Hall: It could take two-three weeks and $30,000 for a privilege log of our files. I don’t think that’s necessary. #LeviChavez
  • Hall: All [Serna] had to do was ask (to look at my file). There’s no secrets in there. #LeviChavez
  • Hall denies his office cherry-picked materials. #LeviChavez
  • Hall: I’m surprised defense never called me to look at our office’s files. #LeviChavez
  • Hall: State doesn’t have a duty to do the defense’s work for it. #LeviChavez
  • Hall calling Serna’s move a “tactical choice”. #LeviChavez
  • Brad Hall now responding to Serna. #LeviChavez
  • Serna arguing civil attorney Brad Hall’s office was effectively part of the state’s investigation. #LeviChavez
  • Serna: Defense never got earlier part of Farrelly’s deposition. #LeviChavez
  • Serna: There’s significant information Richard Farrelly had about Rose Slama that we didn’t get. #LeviChavez
  • Judge seals attachments from Brad Hall’s motion, but motion itself is public. #LeviChavez
  • Judge is in the courtroom and we’re underway in Day 7 of the #LeviChavez trial.
  • Still waiting for Day 7 of #LeviChavez trial to get going. The prosecution’s desk has a nice stack of boxes on it.

The 5 Things You Need To Know Before You Go | June 18, 2013

June 18th, 2013 at 6:35 am by under 5 Things, Morning Show, News

Time now for the 5 things you need to know before you go today!

5) “The Lone Ranger” isn’t so lonely in Santa Fe…Johnny Depp, Armie Hammer and other stars are there…with hundreds of reporters from all around the world. The city and state are all staying mum on exactly what’s going on…but some lucky locals are winning tickets to for a sneak peak of “The Lone Ranger”…the rest of us can see it July 3rd.

4) Immigration is a hot topic in D.C. again today.The House Judiciary Committee is supposed to vote on an Immigration bill…giving state and local government new powers when it comes to people who are in the U.S. illegally…this is very different than the big plan in the Senate.

3) Businesses can get an update on the I-25 Paseo Project…at 10 this morning at the CNM Workforce Training Center that’s west of the interstate and north of Alameda. Construction on the big project is supposed to start this summer.

2) A warning for women around the Bosque. Be extra careful…because a woman says she was raped and robbed there this weekend. Albuquerque Police are now looking for a Hispanic young man…in his late teens…with a mustache and a white bike.

1) It was a windy night… but that could change for today. Today will be mostly sunny, with a high near 92 and an east wind 5 to 10 mph becoming southwest in the afternoon. Then tonight will be partly cloudy, with a low around 67 southwest wind 5 to 15 mph becoming east after midnight.


Weekday Planner | June 18, 2013

June 18th, 2013 at 6:15 am by under News

Good Morning!

Today will be mostly sunny, with a high near 92 and an east wind 5 to 10 mph becoming southwest in the afternoon. Then tonight will be partly cloudy, with a low around 67 southwest wind 5 to 15 mph becoming east after midnight.

Have a good day!
Kristen Van Dyke
Meteorologist


A Little Bit Of Everything…

June 17th, 2013 at 4:32 pm by under Weather

Eastern New Mexico will continue to be favored for thunderstorms over the next couple of days. In the Albuquerque metro area storms are  possible but not likely with highs in the low 90s. The chance for showers will diminish even across the East as we head into Thursday and drier air takes over.

Fire danger will continue to be a major concern across the state.  Humidity levels will be in the single digits by midweek and temperatures will continue to rise well into the 90s. Winds will also be gusty throughout the midweek leading to big fire concerns statewide.

The chance of showers will jump back up again by late in the work week as more moisture creeps into the state. The chance for showers once again favors eastern New Mexico.  In the metro temperatures remain in the low 90s throughout the week with a chance of showers finally reemerging in the forecast by Friday.


Levi Chavez trial, live blog day 6

June 17th, 2013 at 9:20 am by under News

KRQE News 13 Reporters Amanda Goodman and Alex Goldsmith are in the courtroom covering the Levi Chavez trial.

Levi Chavez is accused of shooting and killing 26-year-old Tera Chavez with his department-issued handgun in their Los Lunas home, and of trying to make her death look like a suicide because prosecutors say she was about to report him for insurance fraud. He is charged with first-degree murder and evidence tampering.

Live Updates @krqe_agoodman@alexg_reporter #LeviChavez (most recent updates are displayed first)

  • Judge Eichwald said best he could do was ask Hall why he shouldn’t have to turn over documents
  • Judge is trying to compel civil attorney Brad Hall to turn over documents from #LeviChavez civil case.
  • Trial is recessed until tomorrow, jury won’t be called until the afternoon
  • Judge: My problem is the state is relying on information filtered through a civil attorney.
  • Prosecution admits no formal subpoena was sent in.
  • Judge: Did anyone bother to subpoena Brad Hall’s entire file?
  • Prosecution: Cross-referencing between what we have and what the defense has could take a long time
  • Serna alleges that Slama was given with help with child support case in exchange for testimony.
  • Defense wants judge to order civil attorney for Tera Chavez estate to disclose additional documents from #LeviChavez case.
  • Judge Eichwald is back on the bench. Here we go.
  • Both prosecution and defense are back in the courtroom. Expecting to hear a motion or two.
  • David Serna and #LeviChavez are back in the courtroom.
  • It feels like we’re in a courthouse version of a rain delay right now.
  • 9:36am Hearing the jury has been sent home for the day. Expecting an in-court statement shortly.
  • Issue could stem from whether all of the information from the civil case has been shared with the defense.
  • 9:16am Just overheard that there may be a discovery issue. This could derail the #LeviChaveztrial for the day.
  • 9:06am #LeviChavez trial off to a late start. Trying to find out why.