Marmolejo Guilty: Family Torn Apart As Sentencing Phase Begins

It took a San Antonio just three hours to find David Marmolejo, 31, guilty of murder in the July 2009 strangling death of his mother.

Six days after she disappeared, the body of Gloria Marmolejo, 54, was found in the Santa Teresa desert on July 31, 2009 by a walker who lived nearby.

David Marmolejo’s first trial in October 2009 ended with a mistrial when jurors deadlocked on a verdict after more than 2 1/2 days of deliberations.

On Tuesday, David Marmolejo looked down and took a deep breath after hearing the guilty verdict. He then sat down and buried his head in his hands.

Across the courtroom, David’s brother, Manny, his wife, Jennifer, and Manny’s son, Joseph, sat in the front row as the verdict was announced. After hearing the jurors’ decision, they hugged each other. Tears streamed down Joseph Marmolejo’s face. Witnesses testified on the stand that Gloria Marmolejo was upset because David Marmolejo did not visit his nephew, Joseph.

David’s uncle, Mark Huerta, walked into the courtroom soon after the verdict was read. He hugged his family, prosecutors and police officers after the verdict was read. As the family left the courtroom, Huerta stayed behind sitting in the corner of the courtroom looking straight ahead with tear-filled eyes.

The trial entered the sentencing phase Tuesday afternoon.

Witness No. 1: Laura Marmolejo

The first witness prosecutors called was Laura Marmolejo, 28. Laura Marmolejo is David’s wife and the mother of three of his five children. They have three children together, ages 12, 7, and 5. Laura Marmolejo said she also has a son with another man who is 10 years old. She said she is still with the father of her son.

Laura Marmolejo said she and David Marmolejo started dating when she was 13 and he was 15. She said they were married in 2003. Laura Marmolejo told jurors she is still married to David, but has not filed for divorce because she cannot afford an attorney and because she was not able to find him before he was arrested for his mother’s murder.

Her voice breaking, Laura Marmolejo described for the jury a confrontation in April 2009 when David Marmolejo allegedly choked her in the garage of Gloria Marmolejo’s home on Sonoma Place in East El Paso. She said David Marmolejo was unhappy because he had not seen their children and because she was not living with him.

“He just said, ‘How dare I keep the kids from him,'” Laura Marmolejo said. “He reached out and grabbed me with his hand and lifted me in the air. When I woke up, I was on the other side of the garage and he was kicking me in the ribs.”

Laura Marmolejo said the beating stopped only after her daughter heard her screaming and crying and walked in on them. Laura Marmolejo told the jury she had given her daughter her cell phone, “in case anything happened to her.” Laura Marmolejo said David Marmolejo asked their daughter for the phone and broke it. Laura Marmolejo told jurors David also took her car keys and that she had to calm him down.

“I basically played nice,” Laura Marmolejo said. “I told him everything he wanted to hear, so I could leave.”

During cross examination, Laura Marmolejo told jurors she never told police about the incident and never took any pictures of the bruises and scratches she said she received.

Laura Marmolejo also told the jury David Marmolejo had a very loving and a very respectful relationship with his mother. She could barely even talk, breaking down, as she told jurors how much Gloria Marmolejo loved her children.

Meanwhile, her husband sat just in front of her showing no emotion.

Witness No. 2: Jo Garcia

Prosecutors spent less than five minutes on their next witness before Judge Gonzalo Garcia dismissed her. For 30 years, Garcia worked at the Texas Workforce Commission with Gloria Marmolejo. Judge Gonzalo Garcia ordered the jury out of the courtroom before telling Assistant District Attorney Jennifer VandenBosch that Garcia’s testimony was “irrelevant and too time-consuming.”

Witness No. 3: Mark Huerta

David Marmolejo’s uncle, Mark Huerta, was next on the stand. He cried loudly as he described his only sister’s love for her grandchildren.

“She’s the absolute best,” Huerta said. “She loved those kids. She put them ahead of everyone else. She put their happiness ahead of everything else.”

She said Gloria Marmolejo was a single mother since David was 4 and Manny was 8 years old.

“She played the tough role that the father would take,” Huerta said.

Huerta could barely testify when District Attorney Jaime Esparza asked him what this ordeal has done to his family.

“It’s torn us apart. We used to be very united. We’re not that anymore. There’s a lot of finger-pointing. A lot of blame. We’re just split,” Huerta said. “It’s not the same.”

Throughout his uncle’s testimony, David Marmolejo sat looking straight ahead, showing little emotion.

Witness No. 4: Manny Marmolejo

David Marmolejo’s older brother, Manny, testified next. He described his relation with his mother as a “great” one.

Listening to his brother’s testimony, David started crying as Manny told the jury what his mother’s murder has done to his family.

“It’s torn the family apart,” Manny Marmolejo said. “With her gone, it’s hard on my kids. It’s hard on me.”

Prosecutors rested in the sentencing phase, allowing Defense Attorney, Greg Anderson, to call his witnesses.

Wtiness No. 1: Sal Rodriguez

David Marmolejo’s step-grandfather, Sal Rodriguez, was the first witness to testify for the defense. Rodriguez is married to Gloria Marmolejo’s mother, Mary Rodriguez.

Rodriguez said he still loves David Marmolejo and that he bought him a suit for his retrial. While talking about the family rift, Rodriguez pointed out Vince Huerta who was in the courtroom, sitting behind David Marmolejo. Vince Huerta is Conrad Huerta’s son.

Defense Attorney Greg Anderson asked Rodriguez, “No matter what the jury does, you’re still standing behind your grandson?”

Rodriguez responded, “Yes.”

With tears in his and his grandson’s eyes, Rodriguez said he was torn between his love for his daughter and his grandson.

Witness No. 2: Conrad Huerta

Finally, David Marmolejo’s uncle, Conrad Huerta, took the stand.

He pointed out his son, Vince Huerta, in the courtroom. Last week, witnesses testified David Marmolejo and Vince Huerta often went to bars together.

Conrad Huerta admitted relationships among family members have changed.

“We try not to let it get too deep,” Huerta said. “We still realize we’re all family.”

Huerta said even after the trial is over, the family will still have “different views.”

Closing Arguments:

The state and the defense were each given 20 minutes to present closing arguments.

Anderson pointed out to the jury, “This was the sort of case where an individual just snapped.”

“I don’t think anyone believes there was specific intent to strangle his mother.”

Anderson also brought up Mariah Wilson one last time.

“If you still have concerns of Mariah Wilson’s involvement, now would be the time to speak by your verdict,” Anderson said.

Wilson never testified in the retrial. Wilson testified in the first trial under a full immunity agreement with the prosecution. Wilson testified in that trial that David admitted killing his mother and they both disposed of the body in the Santa Teresa desert.

Anderson also argued the Marmolejo family has suffered enough.

“By your verdict, I think you’ve brought closure. I don’t think a maximum punishment will bring any additional closure.”

Esparza presented closing arguments for the prosecution team.

“You are now between him and society. You get to send a message,” Esparza told the jury. “You get to tell communities about the values of life.”

Esparza showed the jury a picture of Gloria Marmolejo telling them, “I want you to remember her.”

Then he showed jurors a picture of David Marmolejo releasing doves at his mother’s funeral.

“He wants you to say that this is him,” Esparza said. Pulling out pictures of the crime scene in the Santa Teresa desert, Esparza continued, “But this is the product and this is the action of who he is.”

“I can’t imagine the horror of being attacked by your son,” Esparza said. “He could hear the woman that took care of him, the woman who loved him, scream.”

Esparza then asked jurors to look at a clock in the courtroom.

“Watch the clock,” Esparza said. “She’s struggling for 60 seconds. That’s a long time; a long time he could have stopped.”

“He kept at it and kept at it and kept at it,” Esparaza said, his voice rising.

David Marmolejo shook his head several times as Esparza made these statements. Esparza is asking for the maximum sentence: life and a $10,000 fine.

The jury will begin sentence deliberations Wednesday morning at 8 a.m. El Paso time.