Defense attorneys for Albert Gaxiola have asked Judge John Leonardo to reconsider his decision to allow prosecutors to pursue the death penalty for him. Gaxiola, Shawna Forde and Jason Bush are charged with first-degree murder in last year's deaths of Raul Flores, Jr. and his young daughter, Brisenia. If convicted, the three could receive the death penalty.Flores was shot six times, three times in the chest, once each in the head, arm and hand. His 9-year-old daughter was shot twice in the face.
Authorities believe Forde and Bush planned to rob Flores of drugs and money to fund Forde's Minutemen American Defense group, which is devoted to fighting illegal immigration and drug trafficking.
Attorneys Jack Lansdale and Steven West contend Gaxiola was not at Flores' house the night of the slayings.
In their motion asking Leonardo to reconsider his ruling the defense attorneys say:
* One of the state's key witnesses, Oin Oakstar, will testify there was no plan to kill Flores' children or his wife. (Oakstar says he was supposed to go with them that night, but got too drunk.)
* Although Gaxiola's DNA was found on a gun at the scene, Flores' wife identified the tall man (presumably Bush) was the one carrying it and there's no way to tell when the DNA was left on the gun.
* Some jewelry and weapons were stolen, but $4,000 in cash was left behind, so prosecutors can't prove pecuniary gain was a motive.
* Flores' wife knows Gaxiola, but she never identified him as the other man she saw peeking in that night.
The defense attorneys attached a portion of the statement Oakstar gave prosecutors to their motion. In it, he says:
"They didn't really discuss the family. That wasn't part of the plan as far as I knew...The only thing they discussed was taking down Junior and Victor, try to catch 'em together."
When asked about Gaxiola's motivation, Oakstar said Gaxiola wanted to eliminate his competition.
"(He said) if there was weed, he was gonna use it to pay them for the, for the killing," Oakstar said.
When Bush and Forde told him what happened that night, Oakstar said he told them, "You guys messed up, you know, that's, you can't, you can't be doing that. You can't shoot, you know, you can't shoot women and kids, and they're like, 'Well it just happened that way."
Attorneys Jack Lansdale and Steven West contend Gaxiola was not at Flores' house the night of the slayings.
In their motion asking Leonardo to reconsider his ruling the defense attorneys say:
* One of the state's key witnesses, Oin Oakstar, will testify there was no plan to kill Flores' children or his wife. (Oakstar says he was supposed to go with them that night, but got too drunk.)
* Although Gaxiola's DNA was found on a gun at the scene, Flores' wife identified the tall man (presumably Bush) was the one carrying it and there's no way to tell when the DNA was left on the gun.
* Some jewelry and weapons were stolen, but $4,000 in cash was left behind, so prosecutors can't prove pecuniary gain was a motive.
* Flores' wife knows Gaxiola, but she never identified him as the other man she saw peeking in that night.
The defense attorneys attached a portion of the statement Oakstar gave prosecutors to their motion. In it, he says:
"They didn't really discuss the family. That wasn't part of the plan as far as I knew...The only thing they discussed was taking down Junior and Victor, try to catch 'em together."
When asked about Gaxiola's motivation, Oakstar said Gaxiola wanted to eliminate his competition.
"(He said) if there was weed, he was gonna use it to pay them for the, for the killing," Oakstar said.
When Bush and Forde told him what happened that night, Oakstar said he told them, "You guys messed up, you know, that's, you can't, you can't be doing that. You can't shoot, you know, you can't shoot women and kids, and they're like, 'Well it just happened that way."
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MAD, MAD, MAD, MAD
Minutemen American Defense ( acronym MAD ) : There was never an organization with a more appropriate acronym, MAD because this organization has been MAD with Racism, Hate, Fear, Paranoia, Jingoism, Brutality, Cruelty, Sadism, Cowardice, Bastardy, etc ...
Remember that according to Newspapers from Seattle, Washington State ( SeattlePi.com ) Shawna Forde was a cheap prostitute that offered blowjobs to latinos for 50 dollars a session ( a very cheap price at that time and location, now prices are lower thanks to the recession and joblessness ). Shawna was detained in that Pacific and Oceanic State.
The gang of Terrorists, thugs and coward criminals invaded a home and killed a beautiful nine year old girl Brisenia Flores and her father Raul, this Scoundrel Lady was shot by the mother of the dead child.
The probability of being killed by a Domestic Terrorist, Madman and Hater is higher than the possibility of being killed by a friend of Osama Bin Laden.
These events have been greatly silenced in the TV News, Fox News, the "unfair and unbalanced" would never dedicate a single minute to this event. But if a mexican drunk driver kills someone, that would make the news for many days and would be greatly commented by Glenn Beck, Sean Hannity, Lou Dobbs, Rush Limbaugh and other Racists and Haters that have vomited Rivers of Incendiary Saliva, like the spitting Cobras of India.
Raciality.com
Vicente Duque
Glenn Beck is being blocked in the United Kingdom - Evaporation of other Racists, Bigots and Extreme Right Wingnuts of the past
According to DailyKos.com and StopBeck.com Glenn Beck has big trouble with advertisers in England and Great Britain. They do not want the Racist and HateMonger.
See my links to DailyKos and StopBeck under this brief comment :
Advertisers are ditching and dumping Glenn Beck in the Provinces of the United Kingdom.
This is a wonderful information, There is Intelligent Life in this planet, at least in the United Kingdom ( the land of Charles Darwin, Adam Smith, David Hume, Samuel Johnson, etc ... )
Evaporations of Right Wing Bigots, Demagogues and Repugnant Narcissistic Blowhards of the Past :
Charles Edward Coughlin was a Nazi Priest preaching Racism, Hate and Fear against the Jews in the Franklin Delano Roosevelt years. He was an enemy and bitter critic of FDR. And he felt from Grace with the Public.
The same as senator Joseph McCarthy, a Great Right Wing Bigot dedicated to persecuting and prosecuting all people that he disliked like Charles Chaplin. Thanks to Joe McCarthy Chaplin had to abandon the USA to establish himself in Switzerland.
FBI's chief Edgar Hoover also hated, harassed and stalked Mr Chaplin.
McCarthy fell from grace and television played a part. The American Public saw the enemy of Freedom of Speech and the fascist.
Recently another Biog Bigot and Racist Lou Dobbs evaporated, and the last news is that he has lost favor with the most Racist Right Wing and they do not want to vote for him. I can not imagine that Minorities are so stupid as to vote for Lou Dobbs and it is my task and that of many friends to avoid that absurd possibility.
Read this important information about Glenn Beck here :
DailyKos.com
Beck's UK broadcast runs without ads; over 100 companies have ditched Beck
by ColorOfChange
February 16, 2010
Beck's UK broadcast runs without ads; over 100 companies have ditched Beck
Bravo ! .... Bravo ! .... Bravo !!
Raciality.com
Vicente Duque
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