Murder Retrial Of David Marmolejo To Begin In San Antonio On Monday

The second murder trial of David Marmolejo is set to begin in San Antonio on Monday.

Judge Gonzalo Garcia, defense lawyers, prosecutors and court staff left from El Paso Friday. Garcia’s office told ABC-7 Marmolejo was already there. The trial will last two weeks.

It was July 2009 when Gloria Marmolejo, David?s mom, went missing. A jogger found her body six days later in the Santa Teresa, New Mexico desert

In Sept. 2009, El Paso Police arrested and charged David with murder. During his first trial last October, David?s stepsister and girlfriend at the time of the killing, Mariah Wilson, testified he strangled his mother and she helped him cover it up. Wilson testified for the prosecution under an immunity agreement.

The trial ended on Oct. 17 with a deadlocked jury.

A few of David?s ex-girlfriends testified during a pre-trial hearing last month about alleged abuse he inflicted on them in the past. Garcia ruled the jury in the second trial won’t hear very many details from David ex-girlfriends about the alleged abuse.

Last month, Caylee Orsinger and Wilson, both testified that David choked and threatened to kill them. Garcia said most of Orsinger’s and Wilson’s testimony is “prejudicial” against David.

Wilson, who served as a key witness in the first trial, testified that she was brutally beaten just days before Gloria Marmolejo’s homicide. She said she cut her fingers after grabbing Marmolejo’s necklace off his neck as he was choking her. The judge ruled Wilson may be allowed to explain to the jury about the cuts on her finger, but he’s “not sure how far he’ll (let her) go” with the testimony.

During Marmolejo’s first trial, defense attorney Greg Anderson told the jury the cuts on Wilson’s finger were the result of her involvement in Gloria Marmolejo’s homicide. Wilson said she was not allowed to explain how she received the cuts during the trial.