A convicted first-degree murderer of two Montgomery County teenagers on the eve of their high school graduation has told the U.S. Supreme Court his attorney was unconstitutionally barred from questioning a prosecution witness whose testimony the defense believes was incriminating.
In papers filed with the justices last week, Rony Galicia stated through counsel that Maryland’s top court wrongfully deferred to the trial judge’s decision that cross-examination was unnecessary because the witness had not implicated Galicia in the slayings...
...Galicia was tried in Montgomery County Circuit Court with two co-defendants, brothers Edgar Garcia-Gaona and Roger Garcia, for murdering Northwest High School seniors Artem Zibarov, 18, and Shadi Najjar, 17, on June 5, 2017.
Prosecution witness Luz DaSilva testified to the defendants’ friendship and recounted her boyfriend, Garcia-Gaona, had confessed to her his involvement in the murders. DaSilva recalled Garcia-Gaona telling her “they just started shooting them.”
Galicia’s attorney objected to DaSilva’s use of the word broad word “they,” saying it implicated Galicia when DaSilva’s testimony was to be limited to Garcia-Gaona’s involvement.
Montgomery County Circuit Judge David A. Boynton overruled the objection and barred Galicia’s attorney from asking DaSilva about the statement. The defense said the cross-examination of DaSilva would have clarified that the “they” who started shooting referred only to the brothers and not Galicia.
The Court of Special Appeals said the Sixth Amendment was violated and overturned Galicia’s conviction. But the Court of Appeals reversed last June and reinstated the conviction, prompting Galicia to seek Supreme Court review...
...The jury at Galicia’s trial also found Garcia-Gaona guilty of two counts of first-degree murder. He, like Galicia, was sentenced to life in prison without the possibility of parole.
Garcia’s attorney fell ill during the trial, resulting in a mistrial. Garcia was convicted of two counts of second-degree murder in a separate jury trial and sentenced to 100 years in prison.
A fourth defendant, Jose Canales-Yanez, was convicted of two-counts of first-degree murder in a separate, bench trial and was sentenced to life without the possibility of parole.
According to the prosecution, Najjar and Zibarov were lured to the Montgomery Village cul-de-sac in the belief they were selling extra tickets to the June 6 graduation. Instead, they were shot and killed.
The prosecution said Najjar was the primary target in a revenge killing for his having allegedly stolen drugs recently from Canales-Yanez’s wife and then driving over her feet as he escaped. Zibarov was just in the wrong car at the wrong time, prosecutors added.
MD graduation-eve killer appeals to Supreme Court (thedailyrecord.com)
