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IN FIRST DEGREE MURDER Court stops defense from presenting character evidence
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Posted on Aug 28 2000
Superior Court Associate Judge Juan T. Lizama has prohibited the lawyer of murder suspect Oscar Reyes Babauta from presenting evidence regarding the character of the victim Jose Boki Babauta.
In granting the Commonwealth’s motion for a protective order, Judge Lizama has stopped the defense counsel from mentioning at any time during the trial, including but not limited to the opening statement or closing argument, any evidence character evidence concerning the victim.
Assistant Attorney General James Benedetto has argued that the character evidence concerning the victim is irrelevant in the case and that it is inadmissible.
“Should defense counsel feel that character evidence concerning the victim is relevant and material at any point during the trial, defense counsel shall inform the court and opposing counsel outside the presence of the jury and matter will be resolved in camera,” Judge Lizama said.
At the same time, the court junked the defense counsel’s plea to sanction Mr. Benedetto when he cited irrelevant cases in his motion.
However, Judge Lizama said the government lawyer did not deliberately misrepresented legal authority when he cited the cases.
Investigation showed that on Feb. 1, 1997, Oscar Babauta allegedly drove up next to a van driven by the victim, shouted obscenities, then shot him in the head with a rifle. Mr. Oscar Babauta was arrested and charged with murder in the first degree.
