Defense hammers key witness testimony in murder trial

Pressed to account for discrepancies in her story, a key witness at a murder trial on Tuesday accused the defendant of boasting that a 62-year-old shooting victim was “number seven on the list.”

Bertha Melo’s testimony led to a swift call for a mistrial by defense attorneys for 26-year-old Ricardo Chalchi-Sevilla.

“I’m between a rock and a hard place,” public defender Todd Johnson complained after a judge ordered the jury out of the courtroom, adding that although Melo didn’t specify seven murders, the insinuation was obvious.

Fourth Judicial District Judge Ronald G. Crowder ruled that a jury instruction to disregard the comment would be enough for the trial to continue. The courtroom erupted with “objections” after Melo used similar language Monday.

The fireworks were only a small part of the show as Melo - a co-defendant in the murder – testified about driving the getaway car after an April 25, 2010 robbery at El Ranchito restaurant in southeast Colorado Springs. The owner’s father, Esteban Garcia, was fatally shot in the chest after pulling a gun on a robber.

Originally charged with first-degree murder, Melo, 33, was offered a plea deal in exchange for testifying truthfully about the killing.

Prosecutor Laurel Huston reminded her of her commitment Tuesday as Melo denied or claimed to forget earlier statements to police – including an account of how she helped Chalchi-Sevilla plan the robbery.

“I don’t remember having said that,” Melo said through an interpreter, in what became a refrain during hours of halting testimony. 

At some points, Melo blamed methamphetamine for her shaky memory, though she testified she wasn’t high on the day of the robbery. She said fear, not meth, was behind her initial story to police that a man named “El Roto” was the killer.

On Tuesday, she testified that she concocted the story in fear of Chalchi-Sevilla -- leading to her claim that he bragged about six previous victims.

In fighting Johnson’s motion for a mistrial, Huston acknowledged that her witness’s credibility had come under attack.

“The jury has heard and is going to hear a lot about Ms. Melo’s conflicting statements,” she told the judge.

Melo – also known as Cynthia Casado-Balestier – pleaded guilty in June to second-degree murder and robbery. She faces 16 to 60 years in prison when she is sentenced by Crowder in February.

Another co-defendant, Ana Tinajero, will take the stand when the trial resumes at 8:30 a.m. Wednesday. Tinajero was sentenced in November to 4 years in prison after pleading guilty to accessory to murder.