David Marmolejo's second murder trial is moving along, albeit slower than expected.
Marmolejo is accused of strangling his mother, Gloria Huerta Marmolejo, to death on July 25, 2009, then dumping her body in a desert area in Santa Teresa. His first trial in October ended with a deadlocked jury unable to reach a verdict. Because of extensive media coverage of the first trial, his second trial was moved to San Antonio.
Judge Gonzalo Garcia was able to arrange with San Antonio District Judge Sid Harle to borrow Harle's courtroom for two weeks. Harle is working out of a nearby juvenile courtroom in the meantime.
Court officials had originally planned to begin opening statements immediately after jurors were picked on Monday afternoon. The original plans also called for the state introducing their first witness.
But since things took a little longer than expected, and jurors were showing signs of being tired of having to wait around all day. Garcia decided instead to begin Tuesday morning with opening statements.
Four witnesses were called to the stand Tuesday, including a Cricket Communications official who testified about the locations of the company's cell phone towers in El Paso and read cell phone records that showed calls between David Marmolejo's cell phone, his mother's cell phone and a cell phone belonging to his stepsister and girlfriend at the time, Mariah Wilson.
The second witness of the day, Manny Marmolejo, at times sobbed briefly on the stand as he described the search for his mother, who was missing for six days before her body was found. David Marmolejo was also seen wiping away tears as he listened to his brother's testimony. Manny Marmolejo testified that the two haven't spoken since November 2009, when David Marmolejo finally admitted to him that he had been romantically involved with Wilson. The couple's relationship had been kept secret from other family members, who didn't approve of Wilson or rumors of a relationship.
Katherine Thompson, the state's third witness and a friend of David Marmolejo, testified she and her husband Michael Thompson hosted a barbecue that Marmolejo attended on July 25, 2009, with Wilson.
Manny Marmolejo's wife, Jennifer Marmolejo, was the day's fourth and final witness. She testified about her close relationship with Gloria Marmolejo, and Gloria Marmolejo's plans to "sneak up" on David Marmolejo during her July 25, 2009 trip to El Paso from Arizona, where she had been living for five months.
When Jennifer and Manny Marmolejo traveled to El Paso on July 27, 2009 to look for Gloria Marmolejo, they stayed at Gloria Marmolejo's home on Sonoma Place in East El Paso, where David Marmolejo had been living in his mother's absence. Jennifer Marmolejo testified the home looked clean, and that she saw Gloria Marmolejo's unpacked suitcase in the master bedroom.
Jennifer Marmolejo testified that wasn't in Gloria Marmolejo's character to leave her clothes unpacked. Her usual habit was to unpack immediately upon arriving at her destination, Jennifer Marmolejo said.
In all, 17 witnesses or more are slated to be called to the stand, Garcia said in court Tuesday.
Testimony is expected to begin shortly after 10 a.m. San Antonio time this morning. The late start is due to Harle presiding over a morning docket call scheduled in his regular courtroom.
Monitor elpasotimes.com for updates later today.
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