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Preliminary hearing on Palma case resumes
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Posted on Sep 25 2004
The Superior Court resumed yesterday the preliminary hearing on the second-degree murder charge against Edgardo Palma, the alleged assailant in the killing of hotel painter Luciano Ortiz.
This came about after the defense failed to reach a plea agreement with prosecutors on Sept. 21.
Both parties earlier agreed before associate judge Kenneth Govendo that, if a non-trial settlement is not reached by Sept. 21, then the government—which had lowered the charge to voluntary manslaughter—would re-file the second-degree murder charge.
With the re-filing of the murder charge, the prosecution led by chief prosecutor David Hutton also added a charge of manslaughter against Palma in its first amended information.
Palma also faces assault and battery, aggravated assault and battery, and disturbing the peace charges over the alleged mauling and eventual death of Ortiz last month.
During yesterday’s hearing, assistant public defender Jennifer Ahnstedt indicated during cross-examination of prosecution witness, police detective Juan Santos, that Palma had no intention to duel with Ortiz.
Ahnstedt said that it was, in fact, Ortiz who followed and “bothered” Guada Santos on Aug. 13, based on witnesses’ accounts. Santos was known to both Ortiz and Palma.
“Wasn’t it Luciano who stopped her at the door, held her arm to talk to her? And after that incident, Guada got mad and walked fast to get to her car. Luciano followed her to the parking lot, although she kept telling him ‘Stop bothering me,’” asked the lawyer.
The police detective agreed with Ahnstedt on all points.
The defense lawyer further noted that another witness’ account confirmed that Ortiz had been bugging Guada whether Palma was her boyfriend.
Ortiz, who was allegedly mauled by Palma over the woman in a parking lot, died on Aug. 18 while under treatment at the Commonwealth Health Center. Ortiz had been hooked to a life support system from the time he was brought to CHC on Aug. 13.
