Reporter-Herald Staff Writer
Attorneys presented arguments involving semi-automatic weapons, Kleenex-branded tissues, T-shirts and brainy adequacy Thursday during a pretrial appointment that will set the arena for a Loveland annihilation trial.
Eighth Judicial District Judge Julie Kunce Field heard the arguments in alertness for the additional balloon of Eric David Gray, the Loveland man accused of cutting and killing his acquaintance in June 2015. On Thursday, attorneys argued over what affirmation would be presented afore jurors, and how it ability affect their thoughts on the case, and, subsequently, their verdict.
Gray’s aegis attorneys, Janet Laughon and Alison Wender, filed a motion that declared for the exclusion of the T-shirt Gray wore back he allegedly attempt his neighbor, 75-year-old Gerald Donovan, in arctic Loveland. They argued that the T-shirt had no appliance in the case, and the board should not accede it as evidence.
They filed addition motion that would absolute the use of the appellation “AK-47” during the trial, as the gun acclimated in the cutting is not a accurate AK-47, a gun with a accepted role in warfare and violence. and the characterization ability accept connotations to the boilerplate juror.
Laughon said the gun acclimated in the cutting was of the Wassenaar Arrangement Semi-automatic Rifles (WASR) series, and the ample appellation “AK-47” ability not achieve able-bodied with jurors.
She argued that during the trial, the gun should be referred to alone as a semi-automatic burglarize or “an AK-47-style” gun.
In response, Deputy District Attorney Jenny Ellison said the awning appellation for the gun should suffice; she captivated up a box of tissues on the prosecutor’s desk.
“I would ask addition to canyon me a Kleenex,” she said, hoisting the box. “Even admitting these are Puffs, anybody would apperceive what I mean.”
Field denied the motion to accomplish the appellation taboo, advertence that “AK-47” would be a appellation all jurors could follow, admitting the acumen amid an AK-47 and a WASR-series burglarize could be presented during the trial.
On the motion of Gray’s T-shirt, aegis filed to accept the affirmation removed from the case. According to Deputy DA Amanda Duhon, the shirt had book on it, as able-bodied as the delineation of “an AK-47, or whatever we’re activity to alarm it.”
Laughon said that with no added affirmation such as the victim’s DNA or claret on the shirt, it was irrelevant.
“It aloof happened to be the T-shirt the actor was cutting that day,” Laughon said, abacus that the T-shirt could’ve appear into Gray’s control in abounding ways, and including the shirt as affirmation ability advance jurors to accept that there was purpose to his cutting it that ability announce bent intent.
“Someone could accept a shirt with the Nike logo. Aloof because addition puts on a Nike shirt doesn’t beggarly they’re a Nike athlete,” Laughon argued.
Duhon again cited cases that included gang-related clothing, tattoos and added affirmation that analogously pertained to the case. In Gray’s case, she said, the T-shirt’s architecture was “really specific” to the attributes of the crime.
Field said that the T-shirt still had appliance because Gray “did adjudge to abrasion it that morning.”
Field denied both aegis motions. During the conference, Gray remained bashful in handcuffs, admitting captivation a notebook.
Further motions in the case attention how abundant affirmation of Gray’s brainy adequacy will be presented to the jury. At Gray’s aboriginal trial, in 2016, Judge Field declared a mistrial afterwards accordant to a aegis motion that Gray abide a brainy adequacy appraisal at the Colorado Department of Human Services in Pueblo. Since then, he has apparent doctors at the accompaniment hospital who accept advised in on his brainy bloom cachet and adequacy both anon and during the declared June 2015 crime.
On this matter, Field said she would charge added time to accomplish a accommodation on what advice to include.
“I’m not aloof aggravating to bang the can added bottomward the road,” Field said. “… It’s a catchy situation.”
Gray has been in aegis for added than three years in affiliation with the cutting afterlife of 75-year-old Gerald Donovan on June 6, 2015.
Field set addition motions audition 2:30 p.m. Oct. 19 for added discussion. Gray’s two-week balloon is appointed to activate 8:30 a.m. Oct. 29 in Division 5A of the Larimer County Justice Center in Fort Collins.
Hans Peter: 970-635-3630, [email protected]
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