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Marmolejo Murder Case Goes to Jury

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POSTED: Friday, October 15, 2010 - 7:12am

UPDATED: Saturday, October 16, 2010 - 3:53pm

UPDATE - 4:34 P.M.

EL PASO - Jurors in the David Marmolejo murder trial are still deliberating and have reached no verdict.

Closing arguments begin this morning.

Marmolejo is accused of strangling his mother Gloria to death and of dumping her body in the Santa Teresa desert.

We will have the latest on the trial right here on ktsm.com.

UPDATE -12:15 P.M.

The prosecution picked up where the defense left off, beginning closing arguments at 11:00 a.m.

DA Jaime Esparza went over all the reasons the state believes David Marmolejo is guilty. He cited several pieces of evidence he described as the most important to the state's case.

Among other things, he detailed the cell phone records of David Marmolejo the night of Gloria's murder. He went over each call step by step, saying the records clearly point to David at being in the right place at the right time to commit the murder.

More time was spent reviewing cell phone records than any other piece of evidence except for the testimony of Mariah Wilson.

She was undoubtedly the state's key witness in this trial, and Esparza spent significant amounts of time disputing claims from the defense that her testimony is not reliable.

Esparza outlined the complete control Marmolejo had over her, and painted a picture of an intimidated girl just doing as she was told.

In regards to her time on the witness stand, Esparza said, "Based on how she acted, based on how she answered, her demeanor, she is trustworthy and credible."

He finished up his closing arguments around 12:15 p.m., ending with telling the jury that David Marmolejo has lied for too long. "Today is the day the truth catches up to him," Esparza said.

The jury was given instructions by the judge and the court broke for lunch. Once lunch is over, the jury will begin deliberating Marmolejo's fate.

UPDATE -10:45 a.m.

Closings arguments are halfway done in the David Marmolejo murder trial.

Proceedings opened this morning with the judge reading the court's charge to the jury.  Judge Garcia described the charge against Marmolejo, and instructed them briefly on how to be impartial.

Then it was on to opening remarks from the prosecution. 

They put Gloria Marmolejo's picture up on the projector screen and said of David, "The last person to see her doesn't tell the truth, and has inconsistent stories.  Why?  Because he killed her."

David Marmolejo was stonefaced during the opening remarks, with his lawyer telling him to 'stay cool' right before opening remarks began.

After the prosecution sat down, defense attorney Greg Anderson took to the podium and laid out his clients case for innocence.

He listed several pieces of evidence that the state used in the case against Marmolejo, and said why each one just didn't prove guilt.

He summed it up by providing extensive reasoning why he thinks it was Mariah Wilson, and not David Marmolejo, who killed Gloria.

He told the jury that the motive, the means, and the evidence all exist to support Mariah Wilson as the killer.

He highlighted inconsistencies in her statement and even accused her and Detective Ochoa, the officer who took Wilson's statement in March, of piecing together her story, with Mariah providing false information and Ochoa coaching her through the process.

Wilson was granted immunity in return for her testimony, which Anderson called a red flag.  He said, "She is an accomplished liar...of course she wasn't going to tell them she did it because then she wouldn't get immunity."

He closed by reminding the jury of how important their role is, and how crucial it is for them to make an unbiased decision.

Anderson left the podium at 10:40 a.m. 

The prosecution is expected to begin its final arguments at 11:00 a.m.  A break for lunch is likely after that, following by an afternoon of jury deliberations.

Court officials have told me they expect the deliberations to extend into the weekend.

Comments News Comments

I REALLY THINK THAT WILSON SHOULD ALSO BE CHARGED WITH THE MURDER OF GLORIA, SHE IS JUST AS GUILTY FOR NOT GOING TO THE POLICE, NOW SHE IS CRYING TEARS SAYING SHE WAS AFRAID TO SAY ANYTHING, IF SHE REALLY WAS THEN WHY WAS SHE SUPPORTING THIS MURDERER IN JAIL, WRITING LOVE LETTERS AND SENDING PORNOGRAPHIC PICTURES OF HERSELF.OPEN YOUR EYES. "DO NOT LET HER GO FREE"
SHE IS AN ACCOMPLICE TO MURDER. I CAN'T BELIEVE THAT THIS GIRL IS WORTH MORE THAN YOUR OWN MOTHERS LIFE !!!

she should not have receieved immunity. Both desreve to go to prison for life. Looking at his face, no doubt in my mind, he murdered her. Wilson is no better. 14 yr old and never said anything? She was in it for the long haul. Too bad she is not in it for the long haul--in prison.

The EPPD did not collect enough evidence, they just looked over but did not take much. We need better crime scene people. He should not be forgiven for what he did that was your mother you killed all for some little girl! PATHATIC!!

I agree; if it was not enough collected or tampered with then it should be a mis trial. None of us can say if he is innocent or guilty in my opinion based on the evidence collected. There should be another trial and this time it should be out of the area. Too many peoples outside opinions and knowledge from this area are involved in the story. If you convict one and let the other go then you should have a re trial and this time try her as well. Again, only they know what happened to his mother

I believe both partys are guilty in this case. Whether Wilson helped kill her or not she helped dispose the body. So shes automatically an accessory to the murder. So it's total BS that they gave her immunity. She came forward and changed her story why? because she's just as guilty. How could you not ask for help right away. Scared he'd kill you to my butt...Gloria was the only person coming between you and your lover. It would really be a shame if the both walked away innocent.

I believe they BOTH killed her. I don't believe he did it alone and I don't believe that she did it alone. I think they BOTH should be on trial. I think one of the murderers is going to walk free...if not both.
How sad! I must say Gloria knew her pretty well. She new "that girl" was poison, and her opinion turned out to be a fact.

they are both just as equally guilty and whoever does not believe that just doesn't see reality. Its common sense people why would she roll over till now because she wants the SWEETER DEAL. Once a liar always a liar. They should both be held accountable EQUALLY.

yea and if found innocent both him and his sister-girlfriend will live happily ever after in her house???? not !!! their conscience will torment them forever and ever more !!! God will not let them live in peace ever again, and they both will see their mother's autopsy pics in their mind over and over again every day and oh my God they will never get it out of their mind. how sad they have to live with this forever!!! GOD FORGIVE THEM BOTH!!! I belive they both know the truth.

Shut up!!!! First of all the Police messed up the investigation and second you are asking your "God" to forgive them while making sure you let it be known that you "God" will make sure they see whatever images you believe your "God" can magically place in their minds. HAHAHAHA...Your a joke..You should worry about why your "God" allowed you to become one...

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