present for the defendant’s post-Miranda statements and would have
corroborated thetestimony of Detective Nye
.3.The testimony of Miami-Dade Fire Rescue Captain Gregory Logue - who wouldhave testified that in his training and experience, the
victim’s wounds were inconsistent witha suicide
. The homicide detectives, crime scene detectives and medical examiner would haveall corroborated that the location of the gunshot wound (on the philtrum of the victim’s face)is highly inconsistent with a suicide, and that the vast majority of gunshot suicide entrancewounds are either to the temple or in the mouth. These same witnesses would have alsotestified that it is very rare for women to kill themselves with guns.4.The testimony of the first responding Homestead officers and the crime scenetechnicians – who would have testified that
there were signs of a struggle in the bedroom;also inconsistent with a botched suicide attempt.
5.The testimony of Deputy Chief Medical Examiner, Dr. Emma Lew – Dr. Lewwould have testified as a medical expert hired for consultation. After Dr. Lew’s review of theevidence, she concluded that both the shot to the victim’s face and the one to her thigh werefired from a distance of more than two (2) to three (3) feet away. Dr. Lew based her conclusion on the fact that both wounds were devoid of burning, residue, or powder.Therefore,
there was no evidence of a contact wound and that was inconsistent with asuicide
. Moreover, Dr. Lew determined that the thigh wound was the entrance point of the projectile and the buttock wound was the exit. At the bond hearing, Dr. Lew testified that inorder for the victim’s leg wound to have been self-inflicted as the defendant claimed, thevictim would have to of held the firearm at a distance of more than two (2) to three (3) feetaway from her right buttock and be able to pull the trigger – something very difficult for thevictim to have been able to accomplish. Therefore,
Dr. Lew’s medical opinion was incomplete contradiction to the defendant’s version of the events as told to Detectives Nye and Mederos – that the victim had shot herself in the “ass”
. Regarding the shot to the face, Dr.Lew also determined it was inconsistent with a self-inflicted wound. Dr. Lew characterizedthe possibility that the shots were self-inflicted as being “extreme” and “remote”. Dr. Lewwould have also testified that she would have expected a more positive gunshot residue(hereinafter “GSR”) result if the victim had in fact been holding the gun as the defendantclaimed, as she would not of had an opportunity to wash her hands before the test wasadministered. Dr. Lew noted that the defendant’s GSR results were less significant becausehe was up and about and holding onto his son, rolling around, etc. Dr. Lew’s testimonyregarding the GSR would have also been corroborated by the State’s Analyst – Chris Hanlon.6.Text messages sent to the victim by the defendant – The State was prepared tointroduce text messages sent by the defendant to the victim just a couple months before theincident stating,
“I’ma kill you”
and another sent immediately after telling the victim to savethat message (which she did and gave to the police after the defendant carried out his threat by shooting her two months later).7.Testimony of Homestead Police Officer G. Reyes – Officer Reyes interviewed thevictim’s two children (both of whom were in the house at the time of the shooting) just hoursafter the incident at the Homestead Police station. Y.R. (a minor), the defendant’s three 3 ½year old son, stated that,
“Daddy shoot (sic) Mommy.”
Kristi House interview of Y.R. – Following his interview with Ofc. Reyes, Y.R.