Eddie Marte murder trial continues in Elmira
ELMIRA, N.Y. (WETM) – The Eddie Marte murder trial continued March 7, 2024.
Witness Thomas Bovaird finished his testimony and no additional evidence was provided on his behalf. The defense requested extra time to discuss Marte’s rights and prepare further evidence. Judge Otto Campanella granted the request for one hour. Campanella also raised his voice at Chemung County District Attorney Weeden Wetmore, citing disrespect from counsel after being pushed and interrupted by Wetmore. Campanella later thanked the jury for its continued patience.
The defense argued Marte and others allegedly abducted Juan-Jose Gotay and took him to Pennsylvania. They also cite the testimony by a medical examiner, saying Gotay died of Hypothermia; not to the gunshot wounds and other wounds inflicted. The defense also says the torture was begun by Malik Weems and K’Von Sanders prior to Eddie Marte showing up, making some of the testimony inconsistent and unbelievable. They also note the trial should be held in Pennsylvania because that’s where Gotay’s body was found. Murder charge statutes in Pennsylvania are different than in New York.
The prosecution argued New York should have jurisdiction over a crime that goes into another state. Judge Campanella agreed. They also argued Marte had an intent to kill Gotay, after him and others allegedly beat him, shot him twice, broke more than ten ribs and a few fingers, tied his legs, burned his buttocks and private parts and cut off his tongue before dumping him in a remote area.
The court ultimately decided to dismiss two counts of 2nd Degree Assault and one count of 1st Degree Assault. The jury will preside over one count of 1st Degree Murder and 1st Degree Kidnapping.
The trial is set to continue March 8, 2024 at 9 a.m., where the defense is expected to present more evidence, the jury will deliberate and Eddie Marte will have the opportunity to testify.
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