[Deathpenalty] death penalty news----N.Y., UTAH

[Rick Halperin]

Jan. 14


NEW YORK----federal death penalty trial

Another capital murder case under way in Brooklyn


It was just a year ago that Martin Aguilar escaped the death penalty for
the murder of Jose Fernandez when a federal jury in Brooklyn decided to
give him life in prison without parole.

Now, federal prosecutors are taking another try at getting capital
punishment for someone they believe is responsible for Fernandez's death
in 2000.

More than 600 potential jurors from Long Island, Brooklyn, Queens and
Staten Island came to federal court Monday for the 1st step in jury
selection in the trial of reputed drug dealer Gilberto Caraballo. The
3-week trial is scheduled to begin in early February.

The Caraballo case is 1 of 4 capital cases scheduled for trial in the
courthouse this year. The death penalty trial of reputed Brownsville gang
leader James McTier is now under way before Judge I. Leo Glasser.

Caraballo, 35, who for a time owned a health club in Sunset Park, is
accused not only of ordering the killing of Fernandez but also of the 1992
slaying of Edward Cortes, a rival crack dealer. Federal prosecutors David
Bitkower, Robert Capers and Tanisha Simon are seeking the death penalty
for both killings on the grounds that the slaying of Fernandez was done as
a murder for hire while Cortes was killed as part of a drug trafficking
scheme.

Part of the motivation for the killing of Fernandez, who had the street
name of "Tris," was that Caraballo was having an affair with his wife,
prosecutors said. During the trial last year of Aguilar, 34, there was
evidence that he took part in killing Fernandez so he could also wipe out
a $7,000 drug debt he had with Caraballo. Fernandez's body was later
hidden at Green-Wood Cemetery, said police. Quincy Martinez, Fernandez's
widow, pleaded guilty earlier to helping plan her spouse's death and is in
prison.

Members of Caraballo's organization shot Cortes, who was once in their
crew, dead in the street on Feb. 19, 1992, according to court papers.

Among the factors prosecutors said prompted them to seek the death penalty
against Caraballo was their belief he had a low potential for
rehabilitation in prison because of "long-standing involvement" in crimes
of violence and drug dealing.

On Monday, potential jurors filled out the 43-page questionnaire that
prosecutors, defense attorneys Colleen Brady and David Stern, both of
Manhattan, as well as Judge Raymond Dearie will use to select the jury.

"It's an interesting case," Stern said yesterday as he left the
courthouse.

(source: Newsday)






UTAH:

Utahn faces death penalty


Floyd Eugene Maestas sits in court on the 1st day of trial. 48-year old
Floyd Eugene Maestas looked much different than in the police photos from
when he was arrested 4 years ago.

Monday, Maestas was clean cut, face shaven and hair groomed as he
presented himself to a jury that will decide his fate. He's accused of
murdering, strangling, beating and sexually abusing 72-year old Donna Bott
at her home in 2004. He's also accused of burglarizing another elderly
woman in the Glendale area.

Maestas is on trial for capital murder. It's the 1st time in 11 years that
a Utahn is facing the death penalty.

In opening arguments Monday, his attorney argued 2 alleged accomplices may
be lying about Maestas' involvement. Prosecutors contend Maestas and 2
teens broke into the homes with Maestas as the ringleader. Prosecutors
claim the 2 teens witnessed Maestas commit the crimes against the women.
Prosecutors also told jurors Maestas' DNA was found beneath the Bott's
fingernail; however, defense attorneys will argue the DNA test isn't
person-specific.

(source: ABC News)