Marmolejo Retrial: Brother Takes Stand, Defendant Cries

The retrial for David Marmolejo took an emotional turn this afternoon when his brother, Manny, took the stand.

During the first trial in the fall, Manny glared at his brother when he appeared in court. David has been charged with murder in the July 2009 death of his mother, Gloria Marmolejo.

This time, both brothers ended up in tears.

Manny broke down several times during the lengthy testimony, shedding tears as he talked about the last time he saw his mother, Gloria, alive and again when prosecutors showed the jury a flyer with her picture.

Manny testified he’s only talked to his brother twice since police arrested him in September 2009.

Manny said it wasn’t until several months after his brother’s arrest that David finally confirmed his relationship with their stepsister — Mariah Wilson.

“He just told me he loved her,” Manny said. “He didn’t understand why, but he just did.”

Manny also made it clear to the jury that his mother did not approve of the relationship.

“(Wilson) was a young child,” Manny said. “She always ended up in the same location (as David.) She knew she was not welcome around us.”

Manny couldn’t hold back the tears as he talked about the last time he saw his mother alive. David broke down in tears, as well.

Manny told the jury he tried to convince his mother to stay in Arizona and not return to El Paso.

His voice breaking, Manny said, “She just smiled and said, ‘I can’t.’ We all just gave her a hug and that was the last time I saw her.”

Manny’s wife, Jennifer also testified, explaining to jurors how frustrated Gloria was with david and her disapproval of David’s suspected relationship with his stepsister.

“(Gloria Marmolejo) suspected Mariah Wilson was living at her house. She found a check registered to Mariah’s name there. She found her clothing,” Jennifer said. “She told me, ‘The next time I go down there, I’m going to sneak up on David.’ She said she was going to evict. David. She was done with him.”

The day started with opening statements after a one-hour delay.

Prosecutors once again said they will use witness testimony and cell phone records to prove their case.

Meanwhile, defense attorney, Greg Anderson, will once more point the finger at Wilson – David’s stepsister and girlfriend at the time of his mother’s homicide.

Anderson told the jury that she was the one who killed Gloria. So far, only one witness has taken the stand. The customer operations manager for Cricket Communications, where David and Wilson each had an account.

The manger has been testifying about how their record keeping system works and how cell phone towers pick up signals.

Judge Gonzalo Garcia had many of the witnesses take their oath before him in the morning. One notable absence during this procedure was Wilson.

This does not mean she won’t testify, but she was with the group during the first trial when the witnesses took their oath.

Some of the witnesses included, Marmolejo’s brother, Manny Marmolejo, his uncle, Conrad Huerta, his sister-in-law, Jennifer Marmolejo, and his grandparents.

Denise Butterworth, Assistant District Attorney said, “For years, David Marmolejo had a secret – a relationship with his stepsister. His mother didn’t approve and she decided to confront him once and for all about it. This decision cost her her life. You’re going to hear a lot about the world of technology of phones. You will learn that the tracking of cell phones is a remarkable tool for solving crimes.”

Anderson said, “Mariah Wilson was infatuated and obsessed with David Marmolejo. Wherever he went, she followed him. Whatever relationship he was involved in, she was in the back room.”

On Monday, it took longer than expected to seat a jury out of 75 potential jurors.

Seven men and seven women were chosen – two of them will be alternates, but which ones remains a mystery.

Garcia refused to point out the alternates, saying not even the jurors will know who will serve as an alternate.

He says that’s to ensure that all jurors pay attention throughout the trial.

The potential jurors arrived at the Justice Center in Downtown San Antonio at 10 a.m. Monday morning.

Once the jury was picked, opening statements were supposed to last well into Monday evening.

But because jury selection lasted six hours — twice as long as expected — Garcia said opening statements would begin Tuesday morning instead.

The group of 14 was given specific instructions not to look up any details about the case and was told that they could only post Facebook and Twitter updates that stated they were on jury duty.

David was in the courtroom throughout jury selection. If convicted, he could face up to life in prison.