A Kansas State University biologist rounded out the prosecution’s witnesses on Thursday’s capital murder trial of Luis Aguirre. Aguirre is charged with the murders of his ex-girlfriend Tanya Maldonado and her 13-month old son Juan in September of 2009.
Early morning testimony centered on finishing the readings of email correspondence between Aguirre and Tanya Maldonado during 2009.
Judge Meryl Wilson then released the Jury until the afternoon while the prosecution and defense attorney’s made arguments on whether or not Kansas State University biologist Dr. Spencer Tomb’s testimony would be heard in court.
Judge Wilson ruled in favor of allowing the testimony, and trial resumed after the lunch recess.
Dr. Tomb testified that the disposition of leaf layers found underneath the body in the burial site meant the grave was dug at least 24 hours before the bodies were interred, and more than likely the grave had been dug days beforehand.
This testimony goes directly against Aguirre’s testimony of driving around randomly and then quickly digging the hole and covering the bodies in a shallow grave shortly after Tanya Maldonado and Juan died.
Defense attorneys cross examined Dr. Tombs and pointed out the lack of crime scene experience, and Dr. Tomb’s lack of certification for handling evidence. When defense attorneys asked Dr. Tomb’s if he had been published in the area of criminology he said “not yet”.
Defense attorneys put forward a theory that Dr. Tombs couldn’t ascertain whether or not the wind, or any other phenomena, had pushed the leaves into the grave site in a very short period of time. Dr. Tomb countered that it wasn’t likely due to other grasses and foliage in the area.
Dr. Tomb told KMAN he plans to write about the Aguirre case as part of a publication at a later date.
On Thursday afternoon the state rested, and defense attorneys made a motion to move to the verdict phase as they didn’t believe the state had proven their case. Judge Wilson denied the motion, and trial will begin Friday morning. Defense attorneys stated that they plan to rest their case today, and then the trial will move onto closing arguments.
