Prosecution, defense, see defendant differently
By Russ Oechslin, Journal correspondent | Posted: Wednesday, September 19, 2007
SPENCER, Iowa -- The prosecutor and defense attorney in the kidnapping and murder trial of Juan Humberto Castillo-Alvarez painted different pictures of the defendant in their opening statements Tuesday in Clay County District Court.
Castillo-Alvarez, 32, of Mexico, is charged with second-degree murder, second-degree kidnapping and conspiracy to commit a forcible felony in the June 1997 death of Gregory "Sky" Erickson.
The defendant was extradited to Iowa from Houston late last year after being returned to the United States from Mexico. He had been charged two years earlier in connection with Erickson's death.
Erickson, who was 15 when he was killed, lived in Estherville, Iowa. His body was found beaten and shot in the head, execution style, in an abandoned farmhouse in Jackson County, Minn., just north of the Iowa border.
Authorities had linked Erickson to drug trafficking during a motor vehicle stop in Milford, Iowa, in January 1997, when he was found to be in possession of marijuana and $700 cash. They have said he feared for his life because he owed money to those who were charged in his death.
Castillo-Alvarez would face a prison sentence of 50 years for murder, 25 years for kidnapping and 10 years for conspiracy if convicted of the charges against him.
Using information from witnesses in the previous trials, state Assistant Attorney General Charles Thoman of Sioux City alleged Tuesday that Castillo-Alvarez was the "head of a conspiracy operating out of Estherville to distribute illegal drugs for profit, principally marijuana and cocaine."
Castillo-Alvarez's attorney, Public Defender Michael Williams of Sioux City, told the court that most of what Thoman said "was purely speculative" and that his client was not "the head guy" in a conspiracy.
Williams labeled the drug network Thoman referred to in his opening as "conjecture. My client was a drug dealer. There's no getting around it. He sold a lot of marijuana -- pounds, pounds, pounds -- dozens of pounds -- an awful lot of marijuana.
"But the structure of the organization ... had other people selling drugs -- a lot of people. He had a good relationship with Sky Erickson. Luis Lua killed Sky over a $1,400 debt for a pound of marijuana," Williams continued.
That 1 pound was such a small piece of the scores of pounds of marijuana his client dealt with that it doesn't make much sense that Castillo-Alvarez would have ordered Erickson killed, Williams said. "He just wanted his money back."
Castillo-Alvarez spoke only 12 words during the first morning of the trial, answering "si" (translated as "yes" response by interpreter Francisco Gonzalez of Sioux City) each time when asked a series of questions about his waiving a trial by jury.
Prosecutor Thoman called two witnesses to set the scene of the crime before the noon recess. Following testimony of Jackson County, Minn., Deputy Paul Janning, Thoman called Minnesota Bureau of Criminal Apprehension agent James Dougherty to explain the evidence collected at the farmhouse where Erickson's body was found, including DNA evidence. The DNA matched that found on the murder weapon, discovered during a search of Castillo-Alvarez's restaurant, Mexico Lindo, in Estherville.
Williams declined to challenge the testimony of either of the state's first two witnesses.
SIDEBAR
Family, friend remember Erickson as golfer
Though pegged as a drug user by law enforcement authorities who say "Sky" Erickson fell into selling drugs to support his habit, the young man's family and a friend remember a different teenager -- a very good golfer.
Spencer antiques dealer Paul Brenner, who played golf with Erickson and his grandfather, said in interviews Tuesday that Erickson was an exceptional golfer "who really liked the game."
"He wasn't allowed to play in the men's Open," Brenner noted. "He was good enough. He just wasn't old enough."
Erickson's grandfather, Mark Erickson, said that just two weeks before his death, his grandson had finally beaten him on what was then the nine-hole Woodland Hills Golf Course near Milford, Iowa. "His USGA handicap was 2.4, meaning his average was just 2.4 over par," the elder Erickson noted with some pride in his grandson's ability at such a young age.
Erickson's father and grandfather agreed they had learned little new in the early part of the court proceedings, "though a few things didn't line up," Mark Erickson said.
Gregory Erickson said his son never lived in the Spencer apartment from which from authorities say he was abducted but lived in Estherville.
"Sometimes he stayed with us," his grandfather added.
Sky Erickson's mother, Joni Ketter, who lives in Maryland, said she hopes the trial, scheduled for eight days, will conclude this week, before she leaves for Austria on business. She said she will "be glad when it is over."
Castillo-Alvarez, 32, of Mexico, is charged with second-degree murder, second-degree kidnapping and conspiracy to commit a forcible felony in the June 1997 death of Gregory "Sky" Erickson.
The defendant was extradited to Iowa from Houston late last year after being returned to the United States from Mexico. He had been charged two years earlier in connection with Erickson's death.
Erickson, who was 15 when he was killed, lived in Estherville, Iowa. His body was found beaten and shot in the head, execution style, in an abandoned farmhouse in Jackson County, Minn., just north of the Iowa border.
Authorities had linked Erickson to drug trafficking during a motor vehicle stop in Milford, Iowa, in January 1997, when he was found to be in possession of marijuana and $700 cash. They have said he feared for his life because he owed money to those who were charged in his death.
Castillo-Alvarez would face a prison sentence of 50 years for murder, 25 years for kidnapping and 10 years for conspiracy if convicted of the charges against him.
Using information from witnesses in the previous trials, state Assistant Attorney General Charles Thoman of Sioux City alleged Tuesday that Castillo-Alvarez was the "head of a conspiracy operating out of Estherville to distribute illegal drugs for profit, principally marijuana and cocaine."
Castillo-Alvarez's attorney, Public Defender Michael Williams of Sioux City, told the court that most of what Thoman said "was purely speculative" and that his client was not "the head guy" in a conspiracy.
Williams labeled the drug network Thoman referred to in his opening as "conjecture. My client was a drug dealer. There's no getting around it. He sold a lot of marijuana -- pounds, pounds, pounds -- dozens of pounds -- an awful lot of marijuana.
"But the structure of the organization ... had other people selling drugs -- a lot of people. He had a good relationship with Sky Erickson. Luis Lua killed Sky over a $1,400 debt for a pound of marijuana," Williams continued.
That 1 pound was such a small piece of the scores of pounds of marijuana his client dealt with that it doesn't make much sense that Castillo-Alvarez would have ordered Erickson killed, Williams said. "He just wanted his money back."
Castillo-Alvarez spoke only 12 words during the first morning of the trial, answering "si" (translated as "yes" response by interpreter Francisco Gonzalez of Sioux City) each time when asked a series of questions about his waiving a trial by jury.
Prosecutor Thoman called two witnesses to set the scene of the crime before the noon recess. Following testimony of Jackson County, Minn., Deputy Paul Janning, Thoman called Minnesota Bureau of Criminal Apprehension agent James Dougherty to explain the evidence collected at the farmhouse where Erickson's body was found, including DNA evidence. The DNA matched that found on the murder weapon, discovered during a search of Castillo-Alvarez's restaurant, Mexico Lindo, in Estherville.
Williams declined to challenge the testimony of either of the state's first two witnesses.
SIDEBAR
Family, friend remember Erickson as golfer
Though pegged as a drug user by law enforcement authorities who say "Sky" Erickson fell into selling drugs to support his habit, the young man's family and a friend remember a different teenager -- a very good golfer.
Spencer antiques dealer Paul Brenner, who played golf with Erickson and his grandfather, said in interviews Tuesday that Erickson was an exceptional golfer "who really liked the game."
"He wasn't allowed to play in the men's Open," Brenner noted. "He was good enough. He just wasn't old enough."
Erickson's grandfather, Mark Erickson, said that just two weeks before his death, his grandson had finally beaten him on what was then the nine-hole Woodland Hills Golf Course near Milford, Iowa. "His USGA handicap was 2.4, meaning his average was just 2.4 over par," the elder Erickson noted with some pride in his grandson's ability at such a young age.
Erickson's father and grandfather agreed they had learned little new in the early part of the court proceedings, "though a few things didn't line up," Mark Erickson said.
Gregory Erickson said his son never lived in the Spencer apartment from which from authorities say he was abducted but lived in Estherville.
"Sometimes he stayed with us," his grandfather added.
Sky Erickson's mother, Joni Ketter, who lives in Maryland, said she hopes the trial, scheduled for eight days, will conclude this week, before she leaves for Austria on business. She said she will "be glad when it is over."
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jesse wrote on Apr 10, 2008 11:35 PM:
Drew,Chase,Jesse "
proud to be MEXICAN wrote on Sep 19, 2007 11:21 PM:
USA Steve wrote on Sep 19, 2007 9:51 AM: