Defense files motion for new trial in Aibonito court
The filing cites new evidence on additional aggressors and weapon delivery, procedural errors, a daughter's statements, and requests that the original judge not hear the matter.
File photoThe short version
- Primera Hora, El Vocero and El Nuevo Día reported that the defense filed the motion Tuesday in Aibonito seeking to vacate the verdict and sentences and order a new trial
- The motion identifies another person who allegedly supplied the white weapon, names two additional possible aggressors, questions the identification of the murder weapon, and cites due-process violations
- El Nuevo Día reported that a separate motion asks the court to assign a different judge because the original trial judge would have to contradict his prior evidentiary rulings
- The Department of Justice told reporters there is no new evidence, the material was available at trial, and it will defend the conviction with strong arguments
Updates
Update, Oct 13, 3:39 PM AST
Defense filed the motion in Aibonito court on Tuesday, adding details on new evidence, more aggressors, weapon identification issues, and a request to reassign the judge.
Primera Hora reported that the defense of the woman sentenced to 102 years in prison filed the motion in Aibonito court on Tuesday, citing new evidence that allegedly raises reasonable doubt, including documents identifying another person who handed over the white weapon used in the crime, the existence of two other aggressors, procedural errors, and a request to change the judge assigned to the claim. https://www.primerahora.com/noticias/policia-tribunales/notas/defensa-de-elvia-cabrera-radica-mocion-solicitando-un-nuevo-juicio/
According to El Vocero and El Nuevo Día, the motion was submitted today before the Tribunal de Primera Instancia in Aibonito and seeks to vacate the sentences imposed on Sept. 10 for first-degree murder and weapons violations; it argues new evidence unavailable at trial, due-process violations, and requests alternatively to vacate or modify the first-degree murder sentence or hold an evidentiary hearing. Both outlets reported that one key element is a sworn statement signed Oct. 5 by the convicted woman's daughter, who identified another individual as the supplier of the white weapon and stated she is willing to testify under oath. El Vocero reported El Nuevo Día reported
The new reports state the defense also relies on a written declaration the daughter gave to police on Aug. 19, 2025, asserting that her mother and sister were not involved, information the prosecution turned over to the defense on Nov. 26, 2025 after discovery had closed; they further cite information from the presentence report received Sept. 10 indicating multiple aggressors and that the fatal wound may not have been inflicted by the daughter. El Nuevo Día reported that a separate three-page motion asks that Judge Luis S. Barreto Altieri not hear the new-trial request to ensure impartiality, arguing he would have to acknowledge possible error in his prior rulings. The Department of Justice, quoted by all three outlets, maintains no new evidence exists, that the material was available during the original trial, and that it will respond with strong arguments to defend the conviction.
Motion targets verdict
The defense will ask the Tribunal de Primera Instancia de Aibonito on Tuesday to set aside the guilty verdict and order a new trial in the case involving the murder of a teenager. Telemundo Puerto Rico reported that lawyers Mayra López Mulero and Alberto Rivera Ramos will present the motion alleging new evidence and errors committed during the trial that they say justify annulling the verdict.
According to Metro Puerto Rico, the filing is based on evidence that the defense says could not have been obtained during the prior trial as well as alleged procedural errors and issues related to the discovery, handling and presentation of evidence. The lawyers maintain these circumstances warrant vacating the guilty verdict and holding a new trial from the beginning.
What the sources posted
Posts and statements below are the sources' own words, quoted as published. They are not independently verified.
Su culpabilidad quedó demostrada con evidencia sólida, más allá de duda razonable, durante un juicio que el pueblo tuvo la oportunidad de observar. No existe prueba nueva.
Our translation: Her guilt was proven with solid evidence, beyond reasonable doubt, during a trial that the people had the opportunity to observe. There is no new evidence.
The source's own statement, as quoted by Telemundo Puerto Rico. Not verified by PuertoRico.com.
Claimed new evidence
Both outlets reported that one element the defense considers new evidence is a statement made by the convicted woman's daughter as part of her own guilty-plea agreement in the case. The daughter asserted that her mother was innocent and that all witnesses had lied. Telemundo Puerto Rico reported that the defense team plans to use these assertions to support the request for a new judicial process.
Metro Puerto Rico reported that the statement was not available during the trial. The report also noted that on Sept. 25 the defense had asked the court to allow partial release of the presentence report, claiming it identifies who gave the daughter the knife used in the crime. The court denied a reconsideration request on Oct. 5 citing the document's confidentiality.
Where the sources differ
All five outlets agree the defense filed the motion on Tuesday in Aibonito seeking a new trial based on claimed new evidence and trial errors. The earlier Telemundo and Metro accounts described the daughter's statement and presentence-report issues in general terms; the new reports from Primera Hora, El Vocero and El Nuevo Día add specifics including the exact dates of the daughter's police declaration (Aug. 19, 2025) and sworn statement (Oct. 5), the alleged supplier's name and two other possible aggressors, the claim that the daughter did not inflict the fatal wound, problems with the forensic pathologist's testimony on the weapon, and the explicit request to reassign Judge Luis S. Barreto Altieri. The Department of Justice position is consistent across all sources but is quoted more fully in the new reports by El Vocero and El Nuevo Día.
What the reports do not say
The reports do not state whether the court has scheduled a hearing on the motion or the request to reassign the judge, when a decision might be issued, the exact nature of the procedural errors alleged beyond discovery and evidence handling, or whether the daughter will be allowed to testify if a new trial is granted. They also omit the current status of any appeal, the precise injuries suffered by the other minor who was wounded, and any response from the victim's family.
Sources
Every link below was opened and checked when this story was published and last updated. Official means a government body, agency or the organization itself; Reporting means a news outlet.
- Official Defensa de Elvia Cabrera solicitará que se celebre un nuevo juicio
- Reporting Defensa de Elvia Cabrera solicitará que se celebre un nuevo juicio
- Reporting Defensa de Elvia Cabrera solicitará nuevo juicio hoy martes
- Reporting Defensa de Elvia Cabrera radica moción solicitando un nuevo juicio
- Reporting Elvia Cabrera solicita nuevo juicio por el asesinato de Gabriela Nicole
- Reporting Elvia Cabrera solicita nuevo juicio en el Tribunal de Aibonito por el asesinato de Gabriela Nicole Pratts
How we checked this
Primera Hora, El Vocero and El Nuevo Día reported the actual filing of the motion and its detailed arguments on Tuesday; Telemundo Puerto Rico and Metro Puerto Rico had earlier described the planned filing. The Department of Justice statement rejecting the existence of new evidence appears in all five reports. The request to change judges rests solely on the El Nuevo Día and Primera Hora accounts.
Compiled by the PuertoRico.com News Desk from the reports and statements listed above, and checked against them before publishing. It does not include original interviews. Spot an error? Email support@puertorico.com with a link to this story.