Levi Chavez trial, live blog day 7

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

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.

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