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Angry Clash Marks RiveraMurder Trial(Continued From Page One) to the dub with a girl but was not allowed by Rivera to attend because he had no identification card for proof of his age. The witness said Orlando Chavez made a swearing remark and left.Gene Chavez further testified that Orlando Chavez attempted to attend a dance at the club a couple of weeks later, and on being refused, remarked that he was going to get Rivera.”The defendant’s. wife appeared as a defense witness this morning. She testified that she heard a sound after Rivera and Orlando Chavez stepped io the door and saw a liquid splash. Rivera came into the bar and .to the living quarters and “looked stunned,” Mrs. Rivera said.Mrs. Rivera, who said she came from Mexico about five years ag?-, gave testimony in Spanish which was translated.Miguel Leyba, Albuquerque, appeared this morning as a character witness for the defendant.The courtroom was nearly filled with spectators at both the day and night session of the trial Tuesday. The spectators included a brother of the defendant who Is a priest from the northern part of the state. The trial Tuesday was marked by numerous objections, many legal arguments and a wrangle over admission of “pachuco” affiliation as evidence. Anthony Albert, a defense attorney for Rivera, questioned Joe Narvaiz, a state’s witness who testified he was with Chavez at the time of the shooting, concerning numerous tattoo marks on his arms and hands. Judge Carmody excused the jury during the questioning on this line._ Carmody refused to allow the jury to hear the questioning on the “pachuco” affiliation, Albert and former District Judge David Chavez argued that such evidence should be admitted, but Carmody denied it until such time that defense could present testimony that would lay a foundation to discredit the witness’ testimony, Albert told the court defense planned to “make every possible effort to get this evidence.”Albert argued that the *'pa-ehuco” affiliation, if any, of the witnesses should be brought before the jury since it would have a definite bearing “on our view of the case.”While the jury was out of the • co'-wtroom, Albert questioned Narvaiz. brother-in-law of the deceased Chavez, about the tattoo marks on his hand and arms.“Is it true that the marks indicate membership in the pachu-cos?” Albert. asked Narviaz.“Well, I don’t know, sir,, that’s what they all say. •Albert then asked Narvaiz if he was a member or that he believed it true. The witness answered in the negative.“What does this cross indicate?” the attorney asked, referring to a tattoo on the left arm.“The cross indicates I’m a Catholic,” he replied,Narvaiz then said the number 5 on his hand was a lucky number, the P on his left arm was for “Pop,” the M for “Mom,” the Poyo was his nickname, initials were those of his girl friend, a number 13 on his‘left wrist was put on while he was in reform school and the Joe on the back of his hand was his name. Narvaiz said he put the tattoes on when he was 13 and 14 years old.“What are those two marks on your face by your mouth?” Albert questioned.“Beauty marks,” the witness replied.Albert asked that the jury be allowed to view the tattoo marks on the witness’ arms.District Attorney Walter Kegel objected.“We certainly cannot set a precedent of undressing a witness in the courtroom,” the D.A. argued.Judge Carmody ruled that defense counsel could not call the marks specifically to the attention of the jury and that use of the word “pachuco” was not to be used in (he presence of the jury until the court ruled on it. Defense questioned Narvaiz about what was referred to as dis-crepencies in the testimony given at the inquest of Chavez’ death and that given at the trial.“Who told you to change your story?” Albert queried.“Nobody,” Narvaiz replied.1-Ie then asked the witness if he had not talked to the district attorney.“I talked to Mr. Lucero,” the witness replied. (Lucero is assistant District Attorney).“What did he tell you?”“He told me to think and remember what happened, that's all,” Narvaiz replied.Testimony of several state’s witness brought out that Rivera w as hit over the head with a can ■ of beer by Chavez outside his bar after requesting verification of Chavez* age. Witnesses . testified that Rivera then went back inside the bar, got a blackjack and returned outside. Then, lie returned inside again, got a gun and returned outside to fire at the fleeing car which Chavez was driving, witnesses said.Sgl. I. E. Salazar of the state police, who arrested Rivera, said the defendant told him that he fired at the tires of the fleeing car. Salazar' testified Rivera said he returned inside to get his gunjtt£tItnsthfcsItucflat:1!nCRelZitestulafter he noticed Chavez was stand-11 ing -by his car with' a rock in his:; hand.Ernest L. Davis, another slate | patrolman, testified, that Rivera told him essentially the same story.Freddie Martinez, now a state policeman and at the time of the incident a city police officer, said ilia! Rivera replied when he was informed that he bad shot a“It isn’t possible.”A sketch made by Martinez at the scene of the shooting was refused admission by .Carmody as state’s evidence;Capt. George Craig, city police,': testified that he arrived at the ■ scene at the same time as Martinez. Craig said Rivera turned a revolver over to him. At that time 1 it contained one spent shell lo the ' right of the hammer, Craig testi- ' ficd. 1An expert witness, FBI man : Richard J. Poppleton of the FBI • laboratory, Washington, D. C., testified he made tests- of the spent 1 cartridge and the bullet sent to 1 him. Poppleton said the shell, 1 which a state’s witness identified 1 as the bullet removed from the dead man’s head, showed mark- * ings similar to a test bullet he fired..Albert, in cross examination, asked Poppleton if it was possible that the bullet could have richo-cheted.Poppleton said it was possible, but in his opinion not probable.“But the possibility of a richo-cliet is not ruled out,” Albert questioned.“Richochet markings on lead bullets are not completely. obliterated by smashing against a hard object,” Poppleton said.“It does not completely rule out the possibility of a richochet,” the FBI man testified at another point.Dr. Harry D. Ellis, who performed the autopsy cn Chavez' body, showed colored slides of pictures of the dead man’s head. The pictures were projected four to five feet high on the room of the darkened courtroom.Musical sands on the Persian Gulf coast of Saudi Arabia make a whistling sound when walked upon.Something Wonderful IS GOING TO HAPPEN ATMETZGERSTORES— BOTH LOCATIONS — Starts March 22We Give SH Greer Stamps—i
Newspaper Details
Santa Fe New Mexican
Santa Fe, New Mexico, US
Wed, Mar 20, 1957
Page 5
Full Page
Clipped by
Anonymous
AU 02 Jan 2024
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