Tuesday Motions
During day two of pretrial hearings, Judge Keith Gregory ruled on several motions.
Cameras will remain in the courtroom throughout the duration of witness testimony, including when Faith Hedgepeth's former roommate Karena Rosario takes the stand. This was one of several key rulings made Tuesday during the second day of pretrial motions.
Superior Court Judge Keith Gregory ruled on what evidence jurors will and will not hear when the trial begins next month.
Among the decisions, Gregory barred prosecutors from introducing written statements from Hedgepeth's former roommate. Jurors also will not see autopsy photos or crime scene photographs of Hedgepeth's body. The judge further excluded evidence related to investigative genetic genealogy.
Prosecutors, however, prevailed on another key issue. Gregory ruled they may argue that a Courtyard by Marriott pen found at the crime scene was used to write a message discovered on a white takeout bag.
The judge also denied a defense request to exclude testimony that Hedgepeth was wearing boxer shorts and underwear that were later found on the bedroom floor.
In another ruling, Gregory granted a defense motion to keep testimony and arguments about the underlying data behind inconclusive DNA results out of the trial.
Gregory also ruled that cameras will remain in the courtroom when Rosario testifies.
"If a witness needs a moment to comport themselves, the court will give the witness, at the request, and even if the court can see for itself that the witness needs an opportunity to support themselves, and that happens ... I think the appellate court would have a hard time with my decision if I were to change that," Gregory said.
Faith Hedgepeth's father told ABC11 after Tuesday's hearing that proceedings are going better than he expected.
Gregory also ordered that the defendant not appear before jurors in clothing that would indicate he is in custody. That means no jail-issued jumpsuit, handcuffs or shackles in front of the jury.
Sealed Motions
- Testimony that Hedgepeth was wearing boxer shorts and underwear recovered from the bedroom floor.
- Testimony or arguments attributing the writing on a white takeout bag to a Courtyard.com pen found at the crime scene.
- The defense motion to compel discovery and preserve evidence.
- The defense motion to preclude testimony and arguments regarding data underlying inconclusive DNA results.
Pretrial motions are scheduled to continue Wednesday.
Jury selection is scheduled to begin in September.
Monday Motions, Not Guilty Plea
A judge on Monday heard three pretrial motions in the case against the man accused of killing UNC student Faith Hedgepeth, including arguments over what evidence can be presented to jurors when the trial begins later this year.
The hearing marked the first time Miguel Enrique Salguero Olivares formally entered pleas in open court. When asked how he pleaded to charges of murder, first-degree burglary, first-degree rape and first-degree sexual offense, defense attorneys responded, "Not guilty of all charges."
His arrest came nine years after Hedgepeth's death.
Superior Court Judge Keith Gregory also considered requests from prosecutors to exclude certain evidence and testimony ahead of trial. The state first moved to exclude 911 calls made after Hedgepeth, a 19-year-old University of North Carolina at Chapel Hill student, was found dead in her apartment in September 2012.
Prosecutors also sought to prevent defense forensic expert Paul Glover from testifying.
Gregory granted that motion, ruling that while he was not questioning Glover's qualifications, the expert's opinions were not based on sufficiently reliable facts provided by Chapel Hill police.
A third motion focused on whether certain proceedings should remain open to the public. Gregory cleared the courtroom during arguments on that issue.
MORE | TIMELINE: What happened the night Faith Hedgepeth was killed
During Monday's hearing, Glover and Durham police officer Charles Sole testified and were cross-examined.
The hearing was part of the pretrial process and did not involve the presentation of evidence before a jury. Motion hearings continue Tuesday at 9:30 a.m.
Prosecutors want the judge to limit courtroom cameras during testimony from Hedgepeth's roommate and another close friend who discovered her body. They are also seeking to exclude references to polygraph tests, Hedgepeth's blood-alcohol level and a written witness statement, arguing the evidence is unreliable.
Defense attorneys, meanwhile, are challenging several aspects of the state's forensic evidence.
Among the motions, the defense is seeking to limit testimony related to four DNA tests involving Hedgepeth's fingernails, underwear and a pen found near a bedroom doorway. Attorneys argue the State Crime Lab reported inconclusive results from those tests.
The defense is also requesting access to original forensic images, laboratory data and other materials they contend have not been fully produced during discovery.
Jury selection is scheduled to begin in September. The trial is expected to last several weeks.
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