This case is being heard in the State of New York Supreme Court. The plaintiff of the case is the People of the State of New York. A New York Criminal Lawyer said the plaintiff is represented by the District Attorney of Kings County, Charles J. Hynes and the Assistant District Attorney, Michelle Kaminsky. The defendant in the case is Jerry Bowens. He is represented by Izabel Olszowa Garcia Esq. and Wayne C. Bodden, Esq. The judge that is overseeing the Supreme Court case is Matthew J. D’Emic.
Prosecution Argument
The defendant, Jerry Bowens has been charged with murdering his girlfriend, Catherine D’Onofrio. The plaintiff has moved to have evidence introduced that includes prior bad acts made by the defendant. Additionally, the prosecution looks to bring forth evidence that shows that the relationship between the defendant and the victim, Ms. D’Onofrio, was unraveling and that his life was falling apart.
The specific evidence that the prosecution wishes to bring forward includes that the defendant had left his wife when she discovered that he was having an affair and had moved in with Catherine D’Onofrio. The prosecution wishes to provide evidence that this relationship with Catherine was falling apart at the time of her murder.
The defendant’s life was beginning to fall apart at the time of the murder. He is a police officer and had recently pled guilty to charges of selling drugs to a confidential informant. In addition, he also had sex with the informant. His job was in jeopardy because of these discretions and in addition, when Catherine D’Onofrio found out about the charges when they were made public, she ended the relationship with the defendant.
There is proof that Catherine D’Onofrio tried to end the relationship through a number of emails sent to the defendant. A Queens Criminal Lawyer said the victim also had the tattoo of the defendant’s name removed from her body and had started a relationship with someone new. She had asked the defendant to move out of her home and the defendant had asked his wife if he could move back in.
There is also evidence available that shows the defendant called and texted Ms. D’Onofrio on the night before she was murdered. There are weapons and ammunition that the defendant possessed and there is also a “dead pool” list of potential victims to be submitted as evidence by the prosecution.
Defense Argument
The defense argues that the matters brought up by the prosecution do not bear directly on the motive and intent of the defendant in the murder case.
Court Discussion and Decision
The court disagrees with the defense and is granting the motion for the prosecution to bring forth this evidence in the trial. It is felt that all of these issues have a direct impact on the issues of intent and motive in the murder case. In addition, the evidence provides background information to the jury about the relationship between the defendant and the victim, Catherine D’Onofrio. A New York Sex Crimes Lawyer said the court feels that this information is necessary in this particular case and for this reason rules in favor of the plaintiff.
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