PASSAGE OF THE DAY: "Spencer said in his closing arguments that the confessions allegedly made by Villegas were jokes and not meant to be taken seriously. He added that prosecutors had no physical evidence connecting Villegas to the shooting. “I believe from the evidence that they got nowhere near proving (their case) beyond a reasonable doubt,” Spencer told the jurors. “They are taking quantum leaps and they want to take you along for the ride.” He added, “Their whole case is fictional. It’s fictional, not fact.” Spencer also focused on the behavior of El Paso Police Department officers, who the defense attorneys suggested threatened and forced witnesses to pin the shooting on Villegas. Spencer called the actions by police “immoral” and “unethical.”
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STORY: "Daniel Villegas found not guilty in his third trial for capital murder," by reporter Aaron Martinez, published by the El Paso Times (USA Today Network) on October 6, 2018.
GIST: "Daniel Villegas was found not guilty Friday evening. The jury of seven women and five men deliberated for about nine hours — starting Thursday evening and lasting through most of the day Friday — before reaching their decision. The ruling ended a 25-year saga that included three trials and numerous appeals. “I am thankful for Daniel and his family,” Villegas’ lawyer Joe Spencer said. “I can’t even imagine what that young man and his family have been dealing with for a quarter of a century.” Villegas wept as he awaited the announcement and then collapsed to his knees when it was read. His family and supporters, who packed the courtroom, erupted in applause. After 409th District Court Judge Sam Medrano dismissed the jurors, Villegas and his family hugged and then rushed to the elevator, saying only that he was very happy and excited by the verdict. Villegas and his family then went to pray at St. Mark Catholic Church. “Thank you to all of El Paso,” Villegas said outside the East El Paso church. “Even in court when we were waiting, people were coming up to us and saying, ‘We are rooting for you.’ Even law enforcement in the courtroom, I can’t say who they are, were even saying, ‘We are rooting for you. We are rooting for you.’” He added, “I just wanted to thank all of El Paso for having my back. Thank you for being there because that helped me a lot. That helped me have strength.” Villegas and his family watched video of the verdict being read while they were outside the church. The family laughed as the video showed Villegas letting out a loud cry after the judge read the not guilty verdict. “That was too much for me,” Villegas said about the stress of waiting for the verdict. Prosecutor James Montoya said that despite the verdict, the El Paso County District Attorney's Office maintains that Villegas is responsible for the two deaths. “We are disappointed with the jury’s verdict, but we accept it,” Montoya said. “We believe the evidence shows that Daniel Villegas is the person who killed Bobby England and Armando Lazo. We would not have gone through this if we didn’t believe that.” He added, “There are no other suspects. There is no one else to investigate. We believe when the defendant (Villegas) confessed to his cousin, to his friend that those were truthful confessions and that he was admitting his guilt.” Prosecutors cannot appeal the acquittal. Spencer said prosecutors offered Villegas a plea deal in which he would be sentenced to time served if he pleaded guilty. "Daniel didn't think about that" plea deal, Spencer said. "He has two small babies and he had an opportunity to guarantee he was going to walk home, but he said, 'I made the mistake of saying something I didn't do a long time. I am not going to do it again.' " Villegas faced capital murder charges in the 1993 shooting deaths of two El Paso teens and had already served 18 years in prison before his conviction was overturned. "Mr. Villegas, you have been under many conditions in this court," Medrano said after the verdict was read. "You are no longer under any conditions. You are free to leave. Good luck to you, sir." Villegas' first trial, in 1994, ended in a mistrial. The next year, he was convicted by a jury of capital murder and automatically sentenced to life in prison because prosecutors had not sought the death penalty. After his 18 years in prison, the 1995 conviction was overturned by an appeals court in 2013, and a new trial was ordered. In addition to the three trials, the case has involved dozens of appeals and decisions, and it has become one of the highest-profile capital murder cases in El Paso. Villegas was 16 when Armando "Mando" Lazo and Bobby England were killed in 1993. He is now 41. The jury deliberated for more than eight hours over two days before reaching a verdict. The members had been sequestered all week." Spencer said in his closing arguments that the confessions allegedly made by Villegas were jokes and not meant to be taken seriously. He added that prosecutors had no physical evidence connecting Villegas to the shooting. “I believe from the evidence that they got nowhere near proving (their case) beyond a reasonable doubt,” Spencer told the jurors. “They are taking quantum leaps and they want to take you along for the ride.” He added, “Their whole case is fictional. It’s fictional, not fact.” Spencer also focused on the behavior of El Paso Police Department officers, who the defense attorneys suggested threatened and forced witnesses to pin the shooting on Villegas. Spencer called the actions by police “immoral” and “unethical.” Montoya and co-prosecutor Denise Butterworth said during their closing arguments that Villegas confessed several times to friends and family including his cousin David Rangel, who was a key witness in the trial. Rangel testified that he told police Villegas said he committed the crime but was only joking. He added that the details Villegas gave didn’t match evidence, including what type of weapon was used in the killings. Prosecutors alleged that Rangel changed his story due to family pressure. “It is undisputed that Villegas told Rangel (that he was the shooter),” Montoya said. “That is uncontested. But who would say something like that?” He added, “His own words condemn him. Why would he say over and over that he did it, if he didn’t do it.”"
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
