Sunday, December 3, 2006

Ralph Gajus trial testimony - Angel Diaz

Candice Braun testified that on the night of December 29, 1979, Diaz returned to their home and told her that Angel Toro shot a man during the robbery. Gajus, however, who occupied the neighboring cell during Diaz's pre-trial incarceration, provided evidence that Diaz shot the victim. He testified as follows:

[Diaz] indicated that he shot the man.

Q. Where did he indicate he shot the man?

A. In the chest.

Q. Did he ever come out and say to you in the words, "I shot the man in the chest"?

A. No, he did not.

Q. You were inferring that from his indications?

A. Yes.

Diaz v. State, 513 So. 2d 1045 (Fla. 1987)("Diaz I").

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