Judge recuses himself from new-trial request in Aibonito murder case
The defense asked for another magistrate to review her petition citing possible impartiality concerns after he had considered statements from her daughter before sentencing.
PhotoThe short version
- Judge Luis Barreto Alteri recused himself Wednesday from evaluating her new-trial petition after her lawyers filed a motion at 4:30 p.m. arguing he had already reviewed statements from her daughter prior to sentencing according to Metro Puerto Rico
- The defense led by attorneys Mayra López Mulero, Alberto Rivera Ramos and Yancarlos Maysonet Hernández maintained that another Aibonito judge should hear the Rule 192 motion to ensure fairness though they attributed no bad faith to the judge Metro Puerto Rico reported
- Prosecutors opposed reassigning the case arguing Barreto Alteri who presided over the trial was in the best position to assess newly discovered evidence and that the request was not a formal recusal under Rule 76 El Nuevo Día reported
- The recusal does not grant a new trial another judge will now review whether newly discovered evidence and due-process claims justify revisiting the sentence Metro Puerto Rico reported
Recusal follows defense motion
On Wednesday, October 21, Judge Luis Barreto Alteri recused himself from considering a new-trial request filed by a woman who was sentenced for the murder of a teenager in Aibonito. The defense filed the motion at 4:30 p.m. asking that another magistrate evaluate the petition because the judge had previously considered statements by her daughter before imposing sentence. Metro Puerto Rico reported
Lawyers Mayra López Mulero, Alberto Rivera Ramos and Yancarlos Maysonet Hernández argued the situation could create doubts about impartiality although they did not accuse the judge of bad faith. The prosecutors opposed the change stating that Barreto Alteri was best positioned to review the matter since he had presided over the original trial. El Nuevo Día reported
The defense insisted that court rules allow another Aibonito judge to handle the resource and that guaranteeing a fair process was paramount. The prosecutors' opposition was contained in a five-page motion filed on Monday and was limited to the judge-assignment issue.
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Prosecutors cite precedent
The prosecution argued that a new-trial request based on new evidence differs from a criminal appeal and that the sentencing judge is in the best position to determine whether the evidence could not have been discovered earlier with due diligence and whether it would likely have changed the jury's verdict. They cited Supreme Court precedent including the 2007 case Pueblo v. Díaz Morales. El Nuevo Día reported
The defense had filed the new-trial petition on October 13 under Rule 192 of Criminal Procedure citing newly discovered evidence and possible due-process violations. Separately it asked that a judge other than Luis S. Barreto Altieri hear the matter. The prosecutors noted that the defense did not file a formal recusal motion under Rule 76. The recusal does not decide the new-trial request itself which will now be evaluated by a different magistrate.
Where the sources differ
Both sources agree that Judge Luis Barreto Alteri recused himself on Wednesday after the defense moved for another judge to hear Elvia Cabrera Rivera's new-trial petition and that the prosecutors opposed the reassignment arguing he was best positioned because he presided over the trial. Metro Puerto Rico reports the sentence as 102 years while El Nuevo Día reports 120 years. Metro Puerto Rico states the motion was filed at 4:30 p.m. Wednesday and that the defense cited the judge's prior consideration of the daughter's statements; El Nuevo Día states the new-trial petition was filed October 13 the opposition motion was filed Monday and the defense cited possible errors on evidence admission and the presentence report. Both name the same three defense attorneys and note that the recusal does not decide the new-trial request.
What the reports do not say
The sources do not state which judge will now be assigned the new-trial petition, the exact nature of the newly discovered evidence, when the original trial or sentencing occurred, whether the new judge has been designated, or what the prosecution's position will be on the merits of the new-trial request itself. They also do not indicate when a decision on the petition is expected.
Sources
Every link below was opened and checked when this story was published. Official means a government body, agency or the organization itself; Reporting means a news outlet.
- Reporting Juez se inhibe del caso Elvia Cabrera tras reclamo de la defensa
- Reporting “Resulta inadecuado”: Fiscalía se opone a que otra jueza evalúe petición de nuevo juicio de Elvia Cabrera
How we checked this
Metro Puerto Rico and El Nuevo Día both reported the judge's recusal and the prosecution's opposition. The sentence length rests on a single source in each report with the two outlets giving conflicting figures. All other details are corroborated by both.
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.