The Taos News from Taos, New Mexico • 9

A10 Dec. 24-30, 2003 Local News The Tads News Four days in Duran trial of testimony precedes verdict '5 ft I mini I ra J- 1 'r j- 1 YM -1 I 4 l- A yj 1 i i Nathaniel Duran, right, and his attorneys stand as they are read a guilty tampering with evidence in Eighth Judicial District Court as the victim's Greg Kreller yerdict of first-degree murder, criminal sexual penetration and family watches Friday afternoon (Dec. 19). it OV'VI I really," Durdn said. After refreshing his memory with a police report, Gallegos asked, "Did you tell agents you said 'Hi' to her and that, was about it?" "Yeah," Durdn said.

Galleos followed with: "And you told the agents you didn't speak to her again?" Durdn replied. Jones asked Duran if he killed Shand. "No," Durdn answered. "I couldn't live with something like that on my conscience." The defense presented its own blood and DNA experts, who did not concur with the explanation given by the state about how the murder happened. But one piece of evidence was not disputed.

The semen stain on Shand's thigh was idefrfified by both sides as having a very high likelihood of belonging to Durdn. Closing arguments Gallegos argued in his summation of the case that according to Durdn, everyone who testified was lying, but that no motive for those "lies had ever been given, other than envy or perhaps 'they didn't like He told the jury the evidence on Shand's thigh put Durdn at the scene. "Remember the crime scene?" Gallegos asked. "He hit her he beat her. She fought for her life, none of this was refuted by the defense.

She was stabbed up to 15 times, while she is trying to protect herself, There was no way out. "He denies he was even there except he says to have sex," Gallegos said. "He is such a Joe Charmer that the minute he walks in, she wants to have sex with him." Gallegos reiterated that the evidence proved that the rape took place after the struggle. Defense attorney Jeff Jones told the jury it was not their job to solve the crime. "It's your job to decide if they (the state) have solved the crime." He acknowledged that Nathaniel Duran's own testimony was full of hip-hop like slang.

"He comes from a different culture, an age different from everybody's here. His language can be interpreted as repulsive. "Try to think back when you were kids," he said. "Kids go through phases. Who in the world would say the things he did in court? Focus on the evidence," Jones told the jury.

"We don't know who did it, we only know that Nathaniel didn't do it." Jones then attacked the investigation and the fact that not all the evidence in the case was sent to the crime lab. And then Jones tried to plant doubt in the jury's mind about first-degree murder. The jury was given instructions for second-degree murder as well as first. Jones said that maybe this was because Gallegos didn't expect them to convict on the higher charge. Jones said perhaps Durdn didn't tell anyone about Casias' alleged involvement until his testimony because "people out there (on the street) don't do that you can be dead.

Tomds Casias is still out there. Come on folks, round him up, we believe he is still alive." Gallegos had the last words in the trial. "Marioara is still crying out," he said. "She is crying out for justice. Tell her family that justice does prevail.

More importantly, tell this defendant," By Betsy Phillips The Taos News "This is not just a murder, this is horrific murder." Eighth Judicial District Attorney Donald Gallegos claimed during opening arguments that Nathaniel Duran confessed to Deputy Rick Romero, "I did the crime so I'll have to do the time." The Taos County Sheriff's Department arrested Nathaniel Duran, then 18, July 19, '2002 in the death of Marioara Shand. Duran was 17 when Shand, 36, was killed in the apartment in Rancho de Taos she had rented just days before from Durdn's grandparents. "I told my detectives after it became known that (Richard) Fresquez might be a suspect in the other case (the murder of LeAnne Martinez), not to lose focus and they didn't," said Taos County Sheriff Charlie Martinez after the arrest. "We're very sure this is our guy. This is a very big relief for us and the end of a very long investigation." A receipt found in Shand's apartment showed she pur- chased cleaning supplies and other sundries at 8:20 p.m.

July 6. She did not report for work at 8 a.m. the next morning. According to testimony, Shand was never late for work. Her parents, Gdsta and Viora Karlsson, here from Sweden, sat through every moment of the trial.

Testimony Tuesday (Dec. 17) revealed that Shand was" stabbed 14 times. Her throat was cut twice. The crime scene told a story of a desperate struggle. She was also raped.

During opening arguments Tuesday morning (Dec. 16) Gallegos told the jury "Marioara's struggle for life will tell you what happened. The DNA will tell you what happened." Defense team attorney Art Nieto agreed that Shand was murdered and that it was a gruesome act but that "none of the evidence is going to point to Nathaniel Duran." Nieto disputed that the DNA evidence in the case was a match to Durdn and that a search of Duran's belongings never turned up any blood evidence linking him to the crime. Nieto told the jury, "And statements made to sheriff's deputies were extremely vague and do not amount to a fession by any means." "Mistakes were made, at the most crucial moment," Nieto said. "The investigation was incomplete.

It's not going to be as easy to deliver a guilty verdict as Mr. Gallegos says." The jury of eight women and two men were selected from 104 Taos County residents Monday (Dec. 15). The prosecution's case Taos County Sheriffs Office Sgt. Rick Medina, who was first on the crime scene, was first to testify for the prosecution.

"There was blood all over the walls and on the floor there appeared to have been a struggle," he said. Medina, who had never investigated a murder, immediately called Sheriff Charlie Martinez and the New Mexico State Police. Eighth Judicial District Chief Investigator Bill Hubbard was also notified. Nieto asked Medina if anyone other than Nathaniel Durdn was ever a suspect in the case. Medina said there were, adding, "It is important to have an open mind at the beginning of a case." Nieto asked if Richard was ever a suspect and whether Fresquez' DNA was ever sent for comparison in the Shand case.

Medina said it was not. A man's watch was found beneath Shand's body, and Nieto asked if it had been tested to see if Duron's DNA was on the had consensual sex I told her I would come back later. She locked the door behind me. I went home." He said he told Casias, he "got a piece of ass." He said sometime later, Casias left the apartment. i He told the jury that Casias came back sometime later and said, "let's bounce (leave)." He said they went to Casias' home, where he changed clothes.

He said he could tell Castas was upset about something. Durdn said the pair eventually got a ride to Penasco, but said he didn't remember getting a ride from Mondragdn. Durdn said he spent several days in Penasco after the crime and claims he didn't know Shand was dead until his mother called him after her body was discovered. Asked why he had not ever mentioned Casias' involvement in the case to officers, Durdn said, "That ain't my style me and them don't click." Law enforcement personnel have been trying to find Tomds Casias for months so he could testify at the trial. A subpoena was issued and then a witness warrant.

The witness warrant was entered into the National Crime Information Center data base. Eighth Judicial District Attorney Chief Investigator Bill Hubbard, recalled as a witness by the defense, testified that to date, no one has been able to locate Casias. At one time, Hubbard said, he was said to be at a campground in the mountains, but which' mountains or campground was not known. When District Attorney Donald Gallegos asked Durdn to describe what happened during the alleged "consensual sex," Durdn was vague and attempted humor. I le asked Durdn what he and Shand talked about.

"We didn't talk too much," he answered. Gallegos asked if he remembered having a conversation with her when she moved in. "Not really," Durdn said. He asked Durdn if he remembered what he told police about his conversations with Shand. "Not death as homicide from multiple wounds.

During cross-examination, defense attorney Jeff Jones asked Zumwalt if he could tell from any of the autopsy results that it was Duran who killed Shand. The doctor said he could nof Mark Salvo, DNA analyst and quality manager for the Department of Public Safety lab in Santa Fe explained DNA and testing methods to the jury. He concluded that tests on a patch of semen found on Shand's thigh produced a "very rare profile" and that Duran could not be eliminated as a source of that DNA. Durdn's testimony Nathaniel Durdn took the stand in his own defense Thursday afternoon (Dec. 18) and told the jury he did not kill Shand.

He claims that he did have consensual sex with Shand and that later his friend Tomas Castas killed her in a robbery attempt gone wrong. After the verdict came in, defense attorney Art Nieto said his client taking the stand had not been planned, but after the state rested its case, Duran wanted to testify. Durdn told the jury he had been partying all day with friends, including Casias, the day Shand was killed. Durdn said the "partying included drinking, "smoking weed and snorting coke everything." "How far does your friendship go with Tomas Casias?" asked defense attorney Jeff Jones. "That was my homie I trusted him I would put my life on the line for him," Durdn answered.

"We were flying pretty high," Dui an said, "doing a lot of coke (cocaine). Me and my homie Tomas started walking, we were pretty up, just looking for something to do." Durdn said they ended up as his mother's apartment in Ranchos. We kicked it for a while, then I went downstairs (to Shand's apartment). I asked her if she wanted a drink. She told me to come in.

We had a drink and she came on to me we Internet ui her Mcui Get DSL Now! Many plans available Nationwide Access Omkmrt wwwi) hermcsa.com 1-888-988-2700 watch. Medina said it was and the test was negative. More than 25 crime scene photos were entered into evidence. Art Ortiz, a criminal investigator and member of the State Police Santa Fe cfrne scene unit, detailed what probably happened' the night of Shand's murder. But when the prosecution called on two witnesses who gave statements to Taos County Sheriff Charlie Martinez, they testified reluctantly.

Carlos Mondragdn, who has known Nathaniel Duran since they were on the same boxing team in their early teens, said he picked up Duran the morning of July 7, 2002, at Duran's request. Mondragdn said there were three other guys with Duran, but that he only gave Duran and one other boy a ride, because he was onanATV. He did not remember who other bovs were. In fact he answered, "I don't remember," seven times in response to prosecutor Daniel Romero's questions. He was given a copy of his sworn statement and, after more prompting, he finally testified that Durdn said "that he went into some lady's house." After reading more from his statement, he said: "that he hurt some lady." "How?" Romero asked.

"I don't remember," answered Mondragdn. Again he read his own statement and again Romero asked how Duran said he hurt the lady. "That he stabbed her," Mondragdn answered. "How many times?" "Fight or nine." Asked if he was scared to testify, Mondragdn replied "no." Mondragdn's girlfriend. Sho-na Romero, was asked about the same series of events.

The answers and statements about not being able to remember were almost exactly the same. "It was hard for them," said District Attorney Donald Gallegos, who did not want to comment further on the day's testimony. Nieto said of the pair's testimony. "It could go against him (Durdn). The jury may think they were intimidated." the first witness to testify Wednesday (Dec.

17), Mark Romero, 18, said he and Duran had "hung around" together for about four years. I le said he and another boy came to his house in the early morning hours of Sunday. July 2002. "I le came in my room and said he was in trouble," Romero testified. He said he wasn't sure if he killed somebody or not." About two weeks later, law-enforcement officials inter- Vflfrfi Qui cmr) (2minc, to cjoirn! Ca Hot to SctaMt Submitted photo Marioara Shand viewed Romero.

"They said Nathaniel "said it was me," Romero said. Asked again if he remembered exactly what Duran had told him about the killing, Romero said, "That he straight up murdered some This testimony drew an outburst from Duran that included obscenities. New Mexico State Police Sgt. Chad Davis also investigated the crime scene. 1 le, along with Taos County Sheriff's Office Sgt.

Rick Medina, interviewed Duran July 16. 2002. By that time, officials were also investigating a second murder that happened just a week after Shand was killed. IjcAnne Martinez was murdered in almost identical fashion to Shand. Davis testified that Duran told him he was in Pcnasco at the time of the murder.

During the interview. Davis said he accused Duran of the killings. "I le began to cry he looked up at the ceiling and said I didn't kill that none of them." Deputy Rick Romero, who served the warrant on Duran. testified that when he was guarding Dur.in when he was arrested July 19. he heard Duran say, "I did the crime, now I have to do the time." Romero said he asked Duran who he was talking to.

and he replied. "Myself." Worn Duran was presented with a charging document in the case, he thought he was being iliaigrd with both murders, according to Romero's testimony "I don't Romero told the court Duran said, "'They charged me with killing two people, I only killed Dr. Ross Zumwalt. of the Office of Medical Investigation in Albuquerque, gave testimony confirming1 Shand's cause of music by Dec. 31, 2003 I at door featuring advance ik.

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