Evidence to be excluded
Judge amends order to not allow proof linking killing to defendant

Copyright © 2009
Gallup Independent
By Phil Stake
Staff writer

GALLUP — The murder trial for Joseph Evans will resume Tuesday, following a brief hiatus that called upon the New Mexico Supreme Court.

District Attorney Karl Gillson and Deputy Chief District Attorney Jim Bierly sought Thursday to overturn a ruling made earlier in the week by Judge Robert Aragon, a ruling that “suppressed and excluded” evidence including plastic garbage bags and an electric cord. Gillson and Bierly argued that the items linked Evans to the murder of Felicia Penaloza, a 16-year-old girl whose body was found floating in shallow water northwest of Gallup Sept. 12, 2005.

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