With closing arguments now expected to start Tuesday, the decision to drop kidnapping and attempted robbery charges against accused killer Ingmar Guandique leaves only two felony murder counts remaining.
At its peak, the prosecutor's case against Guandique included a total of nine charges, among them attempted sexual assault, obstruction of justice and other crimes. Seven of these charges have now been dropped.
With Levy's mother, Susan, watching from the audience, Guandique on Monday formally declined the chance to testify in his own defense.
A poorly educated, Spanish-speaking illegal immigrant from El Salvador, Guandique said through a translator that he would not take the stand in a case that's now down to a few final witnesses.
"It's your decision to make," D.C. Superior Court Judge Gerald I. Fisher assured Guandique, adding that "I will instruct the jury at the end of the trial that they cannot use that decision as evidence of your guilt."
Guandique answered a series of Fisher's questions with simple "yes" or "no" answers, spoken through an interpreter.
By staying off the witness stand, the 29-year-old Guandique avoids what could be a withering cross-examination that would bring to light more of his criminal record. Jurors, for instance, do not currently know Guandique is now serving a 10-year federal prison sentence for attempted robbery.
Guandique is dressed in civilian clothes for trial, with his shackles removed and his neck tattoos covered up with turtleneck sweaters.
Prosecutors say Guandique killed the 24-year-old Levy on May 1, 2001, in Washington's Rock Creek Park. Prosecutors initially theorized the murder occurred during an attempted sexual assault, but they dropped the assault charges last week.
Prosecutors previously presented some 40 witnesses over nine days, although only inmate Armando Morales directly tied Guandique to Levy's murder. A former member of the Fresno Bulldogs gang, and a one-time cellmate of Guandique, Morales testified that Guandique confessed in 2006 to killing Levy as part of a robbery.
On Monday, defense attorneys continued their effort to challenge the credibility of Morales. Morales had claimed a sexily clad defense investigator had come to a rural Virginia jail, where he is being temporarily housed. His implication was that the investigator was wearing shorts and a tight shirt in order to increase her allure.
But the 25-year-old investigator, Brianna Bond, insisted that she actually wore gray slacks, a short-sleeved shirt and a sweater.
"These are my jail slacks," Bond said, holding up a pair. "They're a little frumpy."
Defense attorneys also have summoned jailers to discuss their dress code for visitors, hoping to convince jurors that the Morales testimony defied credibility. During her testimony Monday, Bond wore a conservative black pantsuit.
The defense presentation could finish by Monday afternoon, with testimony from an inmate who also has been called to challenge the credibility of Morales. Prosecutors are likely to present several additional rebuttal witnesses.
With closing arguments possibly taking place Tuesday or Wednesday morning, the jurors could start deliberating as early as Wednesday afternoon.
The makeup of the jury itself became a little more clear Monday, as the court released some preliminary information. The 16-member jury panel, which includes four alternates, includes two journalists, an attorney, an engineer and an individual engaged in the hospitality profession.
Ten of the 16 jury panel members graduated from college or have some post-graduate academic background. Only one of the 16, a claims examiner, attended no college.
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