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By
Rohan Naval [former]
, Mia Kimm [former] - March 29, 2024
Daily Stories
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Homicides
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Shooting
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Suspects
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Victims
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On March 29, DC Superior Court Judge Maribeth Raffinan ruled on defense motions to exclude photo and text evidence from a homicide defendant’s trial.
Oscar Ramos, 34, is charged with first-degree murder while armed, two counts of possession of a firearm during a crime of violence, and assault with intent to kill while armed, for his alleged involvement in the fatal shooting of 50-year-old Pedro Alvarado on May 28, 2015, on Interstate 295 North at exit one, in Southwest DC. The incident left another individual suffering from non-life-threatening injuries.
Ramos’ defense attorney, Rachel McCoy, started arguments on the issue of presenting photos of Ramos which allegedly contain his tattoos and can help witnesses identify him. Whilst the court has previously stated that any tattoos with gang-related evidence may not be explained, McCoy stated that the redactions would cause the jury to speculate.
The prosecution argued that the photos are probative and relevant as they connect Ramos to his Facebook account which exists under the name Oscar Rodriguez. They also said they don’t plan to reference his gang affiliation, but rather will use it to show photos that depict Ramos in interactions with law enforcement and showed tattoos on his chest.
Judge Raffinan ruled six of the ten photos of his tattoos to be admissible, and the others to be inadmissible due to their cumulative nature.
McCoy requested that Judge Raffinan give jury instructions when the evidence is admitted to prevent any speculation by the jury.
Judge Raffinan denied McCoy’s request and said that she will give instructions in regard to the redactions at the end of the trial, but not when the photos are presented.
The judge also addressed a motion to exclude Facebook messages involved with another Facebook account, which the defense deemed hearsay.
Ramos allegedly operated a second Facebook account under the alias Rosa Lopez and used the photo of a different individual in the account’s profile.
The prosecution has submitted interactions of the Rosa Lopez account with Alvarado and the individual whose photo was used.
The defense stated that these messages amount to hearsay as they are not relevant to interactions with Alvarado. The prosecution counter that the messages are necessary as they support factual claims about the ownership of the account.
Judge Raffinan found the messages to be admissible as the prosecution intends to call a digital analyst to testify that both accounts came from the same source.
The court addressed one final matter relating to a witness currently in the custody of Immigration and Customs Enforcement (ICE).
Prosecutors stated that the witness in question had a request for stay denied by ICE, and is hence unable to testify in person.
Judge Raffinan stated that the pre-recorded deposition will be used for the purposes of testimony.
Defense attorneys requested that the deposition be subject to redaction before it is presented in front of the jury.
The trial is slated to continue April 1.