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Man spends 4 years in prison, then murder charge dropped in 2017 Gardere bludgeoning death | Courts – New Orleans, Louisiana

New Orleans, Louisiana 2021-07-19 05:00:00 –

In retrospect, David Gerardo Bueso hopes to testify in his defense after his best friend and former roommate Jhoel Brisuela-Tercero was beaten to death in a Baton Rouge apartment complex in 2017. After not doing so on the advice of his lawyer, he spent four years in the Louisiana prison system until the US Supreme Court outlawed a unanimous verdict.

“Although David intended to testify in court all the time, he was an impressive child, and the lawyer believed that he eventually provided sufficient evidence of crime to justify the state’s defense. When he wasn’t, he was advised by his attorney to not testify, “Bueso’s attorney-at-law, Kayla Blanchard Romanach, said in a recent interview.

However, a jury in the East Baton Rouge Parish decided that the state had fulfilled its burden of proof beyond reasonable doubt, voted 11 to 1 in February 2019, and 2 Bueso on August 5, 2017. Convicted of the second murder. He was sentenced to life imprisonment three months later and sent to Louisiana State Prison in Angola.

In April 2020, the US Supreme Court outlawed a unanimous jury verdict in a criminal case and urged Bueso to convict and revoke the verdict.

He was granted a new trial scheduled for later this month, but in June the East Baton Rouge District Attorney’s Office murdered after another parish grand jury with access to new information refused to re-indict Bueso. I dismissed the crime. For murder.

Even after the jury voted 11 to 1, David Bueso remained innocent by beating his roommate at Baton Rouge in 2017 …

New evidence included a statement from Bueso claiming that he and Brisuela Tersello were victims of an armed robber who claimed the lives of his friends. Brisuela-Manager of a housing complex in the Gardere area where Tercero was murdered. A woman who picked up Bueso after the murder.

In addition to Bueso’s statement that he and Brisuela Tercello were victims of armed robbery in the apartments of the Brother Plaza apartment complex on Coia Avenue, a new grand jury said the robbery was killed by Brisuela-Tercero in 2017. It was held at a complex facility around August.

Bueso told the judge in a ruling, “I am also a victim.”

A 21-year-old Hondurans remained innocent in two languages ​​on Friday after a state judge sentenced him to life imprisonment in Brad in 2017 …

The new grand jury pre-blocked the second murder on June 30th. In other words, he is not currently prosecuting or clearing 23-year-old Bueso.

East Baton Rouge District Attorney Hiller Moore III said the case could be brought back to a grand jury if additional evidence was revealed.

“The case remains open all the time, and nothing new is expected in the future,” Moore said, citing the language barrier issue in the four-year-old case.

Blanchard-Romanach claims that Bueso, who was charged with two murders in December 2017, was unfairly convicted, but Moore disagrees with its characteristics.

“Absolutely not,” Moore claims. “The jury verdict in this case was an appropriate verdict based on the evidence presented by both parties.”

Moore said Bueso was arrested in a robbery warrant after the murder and questioned the murder. He wasn’t true, and the district attorney said his girlfriend came to pick him up and knew nothing about the death of the victim. The statement to the detective was recorded and played for the jury.

However, the appellate lawyer said the case was leaning against Bueso.

“They said he would be sentenced to life imprisonment from the moment he contacted him, so they lied and said he saw blood everywhere in his boots, so David was scared and Joel was killed. I denied being in the apartment when I was asked, “Branchard-Romanach said.

She said Bueso was 19 at the time and was alone in the country. His mother was in a Mexican hospital at the time.

“A few days later he asked to talk to the detective again with a lawyer, but they basically said he could return to jail without a statement because he didn’t have a lawyer available at the time. “Branchard Romanach said.

Moore said a jury who found Bueso guilty cannot make a mistake now that new information has been presented to the second grand jury.

The district attorney admits that law enforcement officers who still believe he is responsible for the murder are involved in the case, stressing that the grand jury’s recent actions presume that Bueso is not guilty. It was.

Blanchard Romanach, who acknowledged Moore’s credit for agreeing to present new evidence to the grand jury, said Bueso had no plans to sue the state for losing four years of life.

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“His focus at this time is on his immigration status and his life after the trauma of being unfairly convicted and sent to Angola for the murder after seeing his best friend murdered. We are in an effort to rebuild, “she said.

Brisuela-Tercero, 22, died of a blunt head injury. He suffered a skull fracture and a bruise on his brain.

Prosecutor Morgan Johnson claimed in a Bueso trial that the victim had killed Brisuela Tercello during a “cowardly ambush” while sleeping on August 5, 2017. The prosecution said Bueso was unemployed while living with Brisuela Tersello and was supposed to pay half the rent.

Johnson also suggested to the jury that the 24-inch machete found in the bathroom next to the bleach spray bottle was a murder weapon, but Bueso’s DNA was not found in the machete. However, she said Bueso’s DNA and Brisuela-Tersero’s blood were found in the jar.

A video of a horrifying crime scene, including a badly beaten body, blood on the walls and ceiling of the bedroom, and a sit on you and a bottle of bleach …

In a recent interview, Moore stated that there was not enough DNA to create a valid DNA profile for the machete blade. The machete handle contained a mixture of profiles from at least three contributors, but due to the complex nature of the profiles, the Louisiana Police Criminology Institute was unable to reach a conclusion.

Bueso told the detective where he could find the trousers he was wearing the night Brisuela Tersello was killed, and the blood of the victim was found in those jeans.

Blanchard Romanach said that when Bueso entered Brisela Tersello’s bedroom with a gun to get the money requested by the robbers, that is, the money that was in Brisela Tersello’s closet, Brisela Tersello’s blood was Bueso. He said he seemed to be in his pants.

“David wasn’t even aware that his pants were bloody, because his attention was clearly trying to stay alive and begging the robbers to stop hitting Joel,” she said. “There was blood on David’s pants, but it wasn’t the amount of blood on the criminal’s pants, nor was it the place where the criminal was bleeding.”

Blanchard-Romanach previously stated that blood was found behind his pants in a new trial petition filed in April 2019, a month before Bueso was sentenced. Blood stains were found on the walls, ceiling and floor of Brisuela-Tercero’s bedroom.

“It is expected that anyone who attacked Brisela Tersero would have been bloody. Suggesting that the person who attacked and killed Brisela Tersero would have left the scene with just a few blood points. It is against logic and common sense to do. His pants, “she wrote in the move, but it was denied.

Blanchard-Romanach also said a statement from the manager of the Broussard Plaza apartments was in favor of the allegations of armed robbery in Bueso.

The manager wrote in an affidavit in October 2020 that there was a special problem with the robbery of an apartment on the edge of a complex near a partially broken wooden fence. Brisuela-Tercero’s apartment was not inside the complex, but one of the apartments on that line of apartments with doors facing the fence, he said.

“This makes these apartments more vulnerable to robbery than other apartments in the complex,” he writes.

The manager said he was particularly reminded of the residents of two of those outward-facing apartments that were robbed.

“In fact, as a result of the robbery in this apartment, there was a former resident who first got a hidden carry permit and then moved out of the apartment (Brisela-Tersero apartment),” he writes. ..

Moore said the manager’s remarks were inherently contextual, but “must be considered.”

Blanchard-Romanach said in a motion for her new trial that law enforcement agencies testified in a Bueso trial that robbery of the apartment was rampant and most robbers were not reported to law enforcement agencies. ) Undocumented immigrants. Moore said Bueso and Brisuela-Tersero lack the legal status to be in the country.

The new grand jury was also provided with information from a woman who picked up Bueso from the scene, and he told her that he and his victims had been robbed.

Moore said Bueso did not identify the suspected robbery.

The district attorney said he did not feel that the Bueso case was an indictment of the criminal justice system.

“Things worked the way you wanted them to do,” he said. “If the information arrived earlier, it could have been better.”

Man spends 4 years in prison, then murder charge dropped in 2017 Gardere bludgeoning death | Courts Source link Man spends 4 years in prison, then murder charge dropped in 2017 Gardere bludgeoning death | Courts

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