Defense Rests in Bayas Punishment Trial

By Adrienne Alvarez - Weekend Anchor/ Reporter
Friday, July 24, 2009 - 7:59am

EL PASO--- Closing arguments will begin Friday morning, after attorneys for a soldier who rammed and killed an El Paso teen nearly two years ago argued for lighter sentencing Thursday.

The biggest goal for the defense, to show the jury Staff Sgt. Edison Bayas suffered from post-traumatic stress disorder after being deployed to Iraq in 2004.

They argued Bayas was never diagnosed or treated before the crash.

Attorneys for Bayas told jurors earlier this week he was having a flashback when he rammed and killed Valerie Talamantes, 19, back in December 2007.

Police said he was going home after a night on the town and his alcohol level was more than three times the legal limit.

Bayas has already plead guilty this week, but now his lawyers were trying to get the lightest sentence possible Thursday.

They called their star witness, Dr. Luis Natalicio who diagnosed Bayas with PTSD January 2009.

According to his report, Natalicio said Bayas met the criteria of PTSD after serving in his first tour, where he lost a comrade in an IED attack.

After interviewing him for 15 hours over 5 different sessions, the doctor said Bayas had difficulty falling asleep, traumatic dreams, and had difficulty dealing with the loss of a friend.

Natalicio also Bayas self-medicated himself with alcohol.

But in his cross examination, District Attorney Jaime Esparza set out to prove it was not PTSD caused Bayas to crash, but an on-going problem with alcohol before Bayas ever went to Iraq.

Esparza found fault with Natalicio's findings, pointing out the doctor never knew about Bayas' past history with alcohol abuse when he made the report last January.

Bayas' history includes three stints in a military substance abuse program in 1993, 1994 and 1997.

Additionally, he was caught drinking and driving in 1996 and 2006.

According to Esparza, that was all vital information the doctor should have had before making a diagnosis.

The doctor, though, is standing by it.

Closing arguments begin Friday, and the jury could return a verdict by day's end.

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