As a trial for two 1997 murders approaches, attorneys argued before DC Superior Court Judge Todd Edelman using an interview from an ABC television news program as evidence during an Oct. 31 hearing.
Oscar Diaz-Romero, 47, is charged with two counts of second-degree murder for his alleged involvement in the fatal shooting of Jose Noel Coreas-Carcaro, 22, and Jose Molina, 27, on the 2400 block of 18th Street, NW, on Aug. 9, 1997.
After an arrest in El Salvador, Diaz-Romero was extradited back to the United States for the current legal proceedings.
During the Oct. 31 hearing, the prosecution explained their intention to use a 45-second video clip from a “20/20” ABC News program in El Salvador. The prosecution found this video clip after conversations with a detective who remembered working on the case years ago.
In the interview conducted by a journalist with ABC News, Diaz-Romero is asked, “Did you kill a man?” and Diaz-Romero responded, “Yes I did.” In the segment, the journalist explains the broader context of the remark, including their discussion of the murder as self-defense.
The prosecution subpoenaed ABC News to retrieve all additional video footage including Diaz-Romero. ABC News lawyers responded that they will not provide the footage because journalists are protected against disclosure of confidential sources or presenting unpublished information in court under so-called Shield Laws.
The prosecution explained that the next option was contacting the Department of Justice (DoJ) for follow-up.
The prosecution explained that they would like to move the 45-second clip into evidence as it is currently available. They would only admit the direct quotes from Diaz-Romero, excluding all additional statements made by the journalist. The prosecution argued that the additional context is journalistic interpretation of an interview and should not be perceived as testimony from Diaz-Romero.
Judge Edelman raised concerns about this evidence. Primarily, he explained that the interview was conducted in English and Diaz-Romero requires Spanish translation in court.
Judge Edelman also explained that admitting simply Diaz-Romero’s direct quotes without the journalist’s additional context may be more prejudicial than probative. The evidence may unfairly influence the jury.
Judge Edelman explained that there is a possibility that Diaz-Romero made statements that proved he was not guilty during the full interview with the journalist.
Defense attorney Julie Swaney argued that the prosecution has not requested support from the DoJ and therefore, has not done sufficient work to move this 45-second clip into evidence.
Judge Edelman told the prosecution to pursue additional means of acquiring the footage. He will officially rule on the issue of admitting the 45-second clip if the court cannot retrieve the full interview footage from ABC News.
Swaney also argued that the prosecution has not provided the defense with the materials to prepare for trial, which is in nearly two weeks. The prosecution has yet to send the defense an unredacted affidavit with the names of all of the witnesses in the police report, according to Swaney.
Judge Edelman ordered the prosecution to provide unredacted affidavits by Nov. 3.
Swaney argued that the prosecution should not be allowed to bring a tattoo removal expert to testify during the trial. She explained that the prosecution has not filed a motion to explain what the expert will testify to or the name of the witness as required. The prosecution has given the defense no time to investigate the expert, prepare for cross-examination of the expert or find their own witness to provide a second opinion, said Swaney.
The prosecution explained that they filed a general motion notifying the court that they intended to bring a tattoo expert witness, who will look at photos of Diaz-Romero’s arm to determine if he had tattoos removed.
He said he will rule on this issue once the prosecution files an expert witness motion with more information.
Parties are slated to reconvene Nov. 7.
