Judge Dismisses Juror In Marmolejo Murder Trial

A female juror has been excused from the David Marmolejo murder trial, Judge Gonzalo Garcia said on Wednesday morning.

The judge did not give a reason for the dismissal but said it did not involve violating the gag order in place in the case.

“She’s a very conscientious juror,” Garcia said.

The former juror is still under oath.

El Paso Police officer Ben Mitchell, who testified on Tuesday, continued his testimony on Wednesday morning. He testified about evidence found at the home of Gloria Marmolejo – David’s mother who was found murdered in the New Mexico desert.

Mitchell said blood that was found in Gloria’s garage and on the washing machine and on a cabinet in the garage belonged to Mariah Wilson, David’s stepsister and girlfriend at the time of the homicide of Gloria in July 2009.

Mitchell also testified that blood found on the air conditioning switch inside the house also belonged to Wilson. None of the blood samples inside the house were from David or Gloria.

The defense also showed the jury the results of several lab reports that failed to link any forensic evidence to David.

Police collected four pairs of jeans, three pairs of shoes, and floor mats from David’s Nissan Altima. None of the forensic evidence in those items – sand, etc. – matched the sand found near Gloria’s body.

A Hooters uniforms was found in gray trash bin outside house. Wilson is a Hooters employee.

David’s defense attorney asked Mitchell if the Hooters uniform was sent to the lab for analysis.

“No sir,” Mitchell replied.

Anderson asked Mitchell, “It’s still sitting in the El Paso Police Department vault or where do they keep it?”

“Most likely,” Mitchell said.

Police conducted a third search of Gloria’s residence in March 2010. At that time, investigators noticed that all the furniture had been moved out of the house and that the back doors had been replaced.

Anderson asked Mitchell if the house renovations were an optimum circumstance for looking for evidence.

“No sir,” Mitchell said.

El Paso Police also sent to the lab what appeared to be a lipstick stain on Gloria’s pillow in her bedroom. Lab technicians compared that sample to a lipstick found in Gloria’s purse.

The lab result read, “The pink stain is not visually consisted with makeup residue or lipstick.”

It was not explained what that stain is, but it has come up several times during testimony.

Several other police investigators took the stand on Wednesday.

Prosecutors showed the jury pictures taken of a cell phone tower near Anthony Exit 0 and pictures of Transmountain Road.

Neither the prosecution, nor the defense has put those pictures into context just yet.