Post by Logan on Jul 9, 2016 2:39:51 GMT -6
Evidence suggesting that Michael Blagg set his house up as a natural gas-fueled bomb to kill his wife can’t be admitted in Blagg’s second murder trial, a judge ruled on Friday.
Mesa County District Judge David Bottger turned down a prosecution request that they be allowed to present testimony about a July 17, 2001, incident in which Jennifer Blagg called Xcel Energy to deal with an apparent gas leak in the garage of the Blaggs’ Redlands home.
Allowing the evidence into his trial would establish an argument that would be “roughly equivalent to Mr. Blagg declaring to the world, ‘I want to kill my wife,’” Bottger said.
The prosecutors’ request, though, amounted to a circular argument, Bottger said.
“The evidence assumes its conclusion and then asks me to draw it,” said Bottger, who presided over the last aspect of the case over which he has presided for more than a decade.
Read more: www.gjsentinel.com/news/articles/judge-gas-leak-8232not-admissible-8232in-blagg-ret/
Mesa County District Judge David Bottger turned down a prosecution request that they be allowed to present testimony about a July 17, 2001, incident in which Jennifer Blagg called Xcel Energy to deal with an apparent gas leak in the garage of the Blaggs’ Redlands home.
Allowing the evidence into his trial would establish an argument that would be “roughly equivalent to Mr. Blagg declaring to the world, ‘I want to kill my wife,’” Bottger said.
The prosecutors’ request, though, amounted to a circular argument, Bottger said.
“The evidence assumes its conclusion and then asks me to draw it,” said Bottger, who presided over the last aspect of the case over which he has presided for more than a decade.
Read more: www.gjsentinel.com/news/articles/judge-gas-leak-8232not-admissible-8232in-blagg-ret/