POSTED: Thursday, March 17, 2011 - 7:09am
UPDATED: Thursday, March 17, 2011 - 1:28pm
SAN ANTONIO- Lawyers on both sides of the case spoke out about the trial, as prosecutors gave us a peek into how they changed their game plan in order to get a conviction.
"I'm very pleased the jury found him guilty. I think it's the right and proper sentence," said District Attorney Jaime Esparza.
But he almost didn't get that guilty verdict. The jury in Marmolejo's first trial was one vote away from acquittal before they declared a hung jury.
Esparza says input from those jurors and a new FBI witness helped him get a new game plan.
"We put a lot of thought into it. It's a different kind of case. It's a circumstantial evidence case versus a more direct evidence case," said Esparza.
The biggest move was not to call Mariah Wilson, David's step-sister turned lover. In the first trial, she admitted that she helped clean up the murder scene and dump Gloria's body.
"We didn't call Mariah Wilson mostly because I think in the first trial the focus moved from the defendant to her and I wanted this trial to stay focused on the defendant and the defendant's actions," Esparza said.
Defense attorney Greg Anderson acknowledged Wilson gave him an edge.
"When the state put her up as a witness, it was pretty easy for me to cross-examine her on different inconsistencies and things like that. She just didn't make a very credible witness," Anderson said.
Esparza says there are no plans on his end to charge Mariah with anything. He says she cooperated and played a crucial role in getting David convicted.