More motions to hide

2010-10-14T13:11:00Z More motions to hideBy Kim Smith Arizona Daily Star
October 14, 2010 1:11 pm  • 

Murder suspect Shawna Forde's attorneys have filed more motions to keep evidence away from the jury.

Just a quick recap first.

Forde, Jason Bush and Albert Gaxiola are charged with first-degree murder in the deaths of Raul Flores and Brisenia Flores, who died during a home invasion in Arivaca in June 2009.

Raul's wife, Gina, suffered a non-life threatening gunshot wound herself, but prosecutors say she managed to shoot Bush before he fled. 

One of the state's key witnesses is Oin Oakstar, who is expected to testify the trio wanted to steal Flores' drugs, money and guns and Gaxiola wanted to eliminate him as a competitor in the drug trade.

All three defendants have entered pleas of "not guilty" and Forde and Gaxiola's attorneys say they weren't even at the scene that night.

One of Forde's defense attorneys, Jill Thorpe, filed a motion recently asking Judge John Leonardo to prevent prosecutors from telling jurors that Oakstar claims he saw Bush after the home invasion and...

1) Bush told him that the plan "went to (expletive)"

2) Gina Flores had shot him.

3) Gaxiola and Forde both asked him to bring painkillers for Bush because of the gunshot wound.

Thorpe argues all of the comments are inadmissable hearsay.

Forde's other attorney, Eric Larsen, filed a separate motion asking Judge Leonardo to keep out a bunch of stuff Forde's family members have told investigators.

For example, Larsen doesn't want jurors to know Forde's mom has described Forde as a "sociopath" or that Forde's mom and brother think she's behind the December 2008 shooting of her former husband.

In addition, Larsen doesn't think jurors should be privvy to the fact Forde's brother claims he saw her taking his painkillers once.

Lastly, Larsen doesn't want Forde's brother, mother or sister to be allowed to discuss Forde's views on minorities.

According to Larsen, mom doesn't think Forde is a racist, her brother thinks she is and her sister "says Forde is racist in her comments but would socialize with minorities."

All of this stuff would unfairly prejudice the jury against Forde, Larsen wrote.

Prosecutors haven't responded to either motion yet.

Forde and Gaxiola are currently scheduled to go to trial in January, although the defense attorneys hope to convince Judge Leonardo to split the cases into two separate trials.

Bush is scheduled to go to trial in March.

If convicted, the trio could get the death penalty.

 

 

 

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