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Sunday, May 26, 2013 | 2:34 a.m.

In The Courtroom

Posted: 5:12 p.m. Tuesday, July 31, 2012

Alfredo Holguin Murder Trial: Day 2  

By Martina Valverde

El Paso Police Department, County of El Paso

In a rather unusual fashion, the prosecutors rested their case Monday after only calling a handful of witnesses. Then today, the defense only called one witness, Holguin's uncle.

Most of the morning was spent deciding how the charge would be read to the jury.

The biggest argument was over giving the jury a definition for conspiracy. Prosecutors said conspiracy came from the witnesses themselves.

All testified Holguin and his brother Benito kidnapped, assaulted, and then shot 22-year-old Mark Anthony Cedillo in October 2002.

However, the defense wanted to make sure the jury had the definition to make that determination themselves.

After an extended lunch break it was back into the courtroom for that charge to finally be read to the jury, then closing arguments.

Judge Bill Hicks read the charge. The jurors have two options. They will either find Holguin guilty of murder, guilty of a lesser charge of unlawful restraint or not guilty.

The prosecution admits they have three different theories as to what happened that day.

They say Holguin could be the shooter, or just the getaway driver. Either way, the prosecution said "hold people that try to help equally responsible."

Next to give closing arguments was Paul Pinon, co-defense attorney.

Pinon told the jury there are several reasons to doubt prosecution's argument.

Pinon said, "Eyewitnesses who don't ID anybody."

Pinon then stressed that Holguin was not fleeing from anybody and even voluntarily allowed El Paso police to interview him for nearly three hours days after the shooting.

"This is a man running from the law?" asked Pinion.

In trials, the prosecution always gets the final word. Denise Butterworth was first to start.

"This was obviously a quick trial," she said.

Butterworth quickly turned her point to the fact that witnesses the day of the murder got a good look and even the license plate number of the getaway car.

"Almost thinking this crime was happening in Mexico, they underestimate El Pasoans," she said. "Somebody wrote down the license plate number of the car fleeing the scene."

Butterworth then stressed that Holguin admitted to EPPD the car is registered to him and that he did cross over into El Paso just an hour before the shooting.

Holguin then said he crossed right back into Juarez. He never came back to the U.S. until he was arrested.

"Flight, hiding is the evidence of guilt," she said. "In Texas, he is guilty even if he didn't pull the trigger."

The jury went back to begin deliberations about 3 p.m. Tuesday afternoon.

The jury was sent home for the day about two hours later. They will resume their deliberations tomorrow morning.

Martina Valverde

About Martina Valverde

I am a proud native El Pasoan. I attended El Paso High School before graduating from Parkland High School.

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