*UPDATED* 4/7/10 6:22pm
Jeffrey Conroy’s defense lawyer, William Keahon, intended to call Conroy to the stand in his own defense today, under the condition that the judge and district attorney agree to several stipulations regarding what types of questions Conroy could or could not be asked.
Court is adjourned for the afternoon, and it is unknown whether Conroy—who is accused of stabbing and killing Ecuadorian immigrant Marcelo Lucero—will testify tomorrow.
The jury was not present as Judge Robert H. Doyle read a ruling this afternoon regarding potential testimony by Conroy. Doyle’s reasoning and decisions, were, however, read to the public, which included about a dozen reporters.
Doyle read through a list of certain topics that either the prosecution or the defense might need to avoid, for legal reasons, if Conroy took the stand. Several of the topics had been stipulated by Keahon as a condition as to whether Conroy would testify or not.
One of Keahon’s stipulations was that prosecution could not question Conroy about a prison intake form that was filled out by a prison official when Conroy entered the Suffolk detention system, awaiting trial. The form cites Conroy saying that “he was raised in a house where the parents held racist beliefs” and that he visited white supremacy websites.
Judge Doyle, however, said that such evidence would be admissible were Conroy were to testify.
Keahon also wanted Conroy to answer questions that would suggest that Christopher Overton—another defendant who is awaiting trial—stabbed Lucero, and that Conroy took responsibility for the killing. Judge Doyle did not consider that potential testimony admissible.
According to Doyle, Conroy intended to testify that Overton told him about a pending criminal charge against him while the two were eating dinner at Conroy’s house on the night of the alleged murder.*
Conroy planned to testify that Overton confessed to stabbing Lucero after the attack, and that Conroy took the knife from Overton because Overton was already in legal trouble.
Doyle would not allow this testimony because no other evidence in the trial points to that theory. Doyle added that the evidence points to Conroy as the one who stabbed Overton.
Doyle also ruled that the prosecution could not ask Conroy about any uncharged prior crimes if he was to testify.
Before approving the request, Doyle offered assistant district attorney Megan O’Donnell the opportunity to present whatever such evidence she might introduce related to uncharged prior crimes, but as she had none, Doyle agreed to Keahon’s stipulation.
Trial resumes tomorrow at 10am.
*Doyle mistakenly said that Conroy and Overton were eating dinner at Overton’s house on the night of the murder, but they were eating at Conroy’s house.
Tags : hate crime, jeffrey conroy, marcelo lucero, suffolk