Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
Help about MediaWiki
Special pages
Niidae Wiki
Search
Search
Appearance
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
Killing of Chandra Levy
(section)
Page
Discussion
English
Read
Edit
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
View history
General
What links here
Related changes
Page information
Appearance
move to sidebar
hide
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
==Trial of Guandique== [[File:H. Carl Moultrie Courthouse.JPG|thumb|right|Guandique was tried at the [[H. Carl Moultrie Courthouse]] in [[Washington, D.C.]]<ref name="McClatchy-20100924-trial"/>]] On October 18, 2010, jury selection commenced in the Superior Court of the District of Columbia before Judge [[Gerald Fisher|Gerald I. Fisher]]. Assistant U.S. Attorney Fernando Campoamor-Sanchez presented the names of potential witnesses for the trial, including FBI agent Brad Garrett and the two women whom Guandique was convicted of assaulting. At the start of the trial, the prosecution's case was expected to take around four weeks and the defense was expected to take one day.<ref name="WP-20101018-selection">{{cite news|last=Alexander|first=Keith L.|title=Jury selection begins in Levy case|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/10/18/AR2010101805735.html|newspaper=The Washington Post|page=B4|date=October 18, 2010|access-date=November 5, 2010|archive-date=November 12, 2012|archive-url=https://web.archive.org/web/20121112084919/http://www.washingtonpost.com/wp-dyn/content/article/2010/10/18/AR2010101805735.html|url-status=live}}</ref> On October 25 and 26, Halle Shilling and Christy Wiegand testified about being attacked by Guandique while independently jogging in Rock Creek Park. Wiegand recounted that Guandique grabbed her from behind, dragged her down a ravine and held a knife against her face.<ref name="SJMN-20101026-testifies">{{cite news|last=Barakat |first=Matthew |title=Chandra Levy's father testifies at murder trial |url=http://www.mercurynews.com/news/ci_16436046 |newspaper=[[San Jose Mercury News]] |date=October 26, 2010 |access-date=November 24, 2010 }}{{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref> On October 26, 2010, Levy's then-64-year-old father, Robert, took the stand and refuted statements about his past suspicions of Condit. Robert Levy testified that he told authorities during the early years of the investigation that his daughter Chandra would have been too cautious to jog in the woods alone, but said that he no longer believed this to be true. He said that he also told police that his daughter and Condit had a five-year plan between them to get married. In retrospect, Robert Levy admitted: "I just said whatever came to mind just to point to him as the villain." Levy added that he had been convinced that Condit was "guilty until we learned about this character here," referring to Guandique.<ref name="WE-20101026-father">{{cite news|last=McCabe|first=Scott|title=Levy's Father testifies he pointed Investigators to Condit|url=http://dev.www.washingtonexaminer.com/local/blogs/capital-land/levys-father-testifies-he-pointed-investigators-to-condit-105806768.html|newspaper=[[The Washington Examiner]]|date=October 26, 2010|access-date=February 21, 2011}}{{dead link|date=August 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> On November 1, Condit testified at the trial and was asked on at least three occasions if he and Chandra Levy had been involved in a sexual relationship. He replied, "I am not going to respond to that question out of privacy for myself and Chandra."<ref name="WP-20101102-refuses">{{cite news|last=Alexander|first=Keith L.|title=Condit refuses to testify about whether he had affair with Levy|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/11/01/AR2010110107051.html|newspaper=The Washington Post|page=A1|date=November 2, 2010|access-date=November 5, 2010|archive-date=November 11, 2012|archive-url=https://web.archive.org/web/20121111144332/http://www.washingtonpost.com/wp-dyn/content/article/2010/11/01/AR2010110107051.html|url-status=live}}</ref> FBI biologist Alan Giusti testified that semen found on underwear from Levy's apartment contained sperm matching Condit's [[DNA profiling|DNA profile]].<ref name="CNN-20101110-DNA">{{cite news|last=Courson|first=Paul|title=Condit's DNA found in Levy's underwear|url=http://www.cnn.com/2010/CRIME/11/10/dc.levy.murder.trial/|publisher=CNN|date=November 10, 2010|access-date=November 10, 2010|archive-date=November 8, 2012|archive-url=https://web.archive.org/web/20121108224716/http://www.cnn.com/2010/CRIME/11/10/dc.levy.murder.trial/|url-status=live}}</ref> <!--[[File:USP Big Sandy.jpg|thumb|left|Armando Morales testified that Guandique admitted killing Levy while held at the [[United States Penitentiary, Big Sandy|U.S. Penitentiary, Big Sandy]] in [[Kentucky]].<ref name="WP-20101115"/>]]--> Prosecution witness Armando Morales, who shared a cell with Guandique at the U.S. Penitentiary in [[Kentucky]], testified that Guandique was concerned about being transferred between prisons in 2006 because of inmate violence against suspected rapists. Morales stated that Guandique, a fellow member of the [[Mara Salvatrucha]] gang, confided to him that he had killed Levy while trying to rob her, but said that he did not rape her.<ref name="WP-20101115">{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/11/15/AR2010111506929.html|title=Defense in Levy murder trial tries to undercut government's star witness|newspaper=The Washington Post|first=Keith L.|last=Alexander|date=November 15, 2010|access-date=November 15, 2010|archive-date=November 16, 2010|archive-url=https://web.archive.org/web/20101116051942/http://www.washingtonpost.com/wp-dyn/content/article/2010/11/15/AR2010111506929.html|url-status=live}}</ref><ref name="WUSA-20101105">{{cite news|url=http://www.wusa9.com/news/local/story.aspx?storyid=118602&catid=158|title=Guandique's Cellmate Testifies at Chandra Levy Murder Trial|publisher=[[WUSA (TV)]]|first=Bruce|last=Leshan|date=November 5, 2010|access-date=November 30, 2010|archive-url=https://web.archive.org/web/20120320072335/http://www.wusa9.com/news/local/story.aspx?storyid=118602&catid=158|archive-date=March 20, 2012|url-status=dead}}</ref> The prosecution rested their case on November 10,<ref name="ModestoBee-20101111-rests">{{cite news|last=Doyle|first=Michael|title=Prosecution rests in Chandra Levy murder trial|url=http://www.modbee.com/2010/11/11/1423131/prosecution-rests-in-chandra-levy.html|newspaper=The Modesto Bee|date=November 11, 2010|access-date=December 15, 2010|archive-url=https://web.archive.org/web/20101203041721/http://www.modbee.com/2010/11/11/1423131/prosecution-rests-in-chandra-levy.html|archive-date=December 3, 2010|url-status=dead}}</ref> while dropping two out of the six charges against Guandique: sexual assault and murder associated with that assault.<ref name="WP-20101110">{{cite news|last=Alexander|first=Keith L.|title=A surprise courtroom move in Levy trial|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/11/10/AR2010111007398.html|newspaper=The Washington Post|page=B1|date=November 11, 2010|access-date=November 11, 2010|archive-date=November 11, 2012|archive-url=https://web.archive.org/web/20121111152213/http://www.washingtonpost.com/wp-dyn/content/article/2010/11/10/AR2010111007398.html|url-status=live}}</ref> On November 15, the defense rested its case without calling Guandique to the stand. Other prison witnesses called by the defense refuted Morales' testimony. Jose Manuel Alaniz said that Guandique made no mention of rape or murder while sharing a cell with both Alaniz and Morales at the penitentiary in Kentucky. Alaniz admitted under [[cross-examination]] that he "didn't want to be too nosy" and was often asleep at the prison while recovering from a gunshot wound. The prosecution dropped two more charges because the [[statute of limitations]] had passed: kidnapping and attempted robbery. During closing arguments for the remaining charges of first-degree murder committed during a kidnapping and during a robbery,<ref name="WP-20101115"/> prosecutor Amanda Haines contended that Guandique bound and gagged Levy after attacking her, leaving her to die of dehydration or exposure in the park. Defense attorney Santha Sonenberg countered with the lack of any DNA evidence connecting Guandique to the crime scene.<ref name="WP-20101116">{{cite news|last=Alexander|first=Keith L.|title=Attorneys Give Final Arguments in Levy Murder Trial; Jury Deliberations Begin|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/11/16/AR2010111607327.html|newspaper=The Washington Post|pages=1–2|date=November 16, 2010|access-date=November 16, 2010|archive-date=November 11, 2012|archive-url=https://web.archive.org/web/20121111185502/http://www.washingtonpost.com/wp-dyn/content/article/2010/11/16/AR2010111607327.html|url-status=live}}</ref> Calling the prosecution's case "fiction", Sonenberg suggested that Levy had been murdered elsewhere, with her dead body being dumped in the park.<ref name="WP-20101117-hands">{{cite news|last=Alexander|first=Keith L.|title=Levy case is now in the jury's hands|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/11/16/AR2010111607010.html|newspaper=The Washington Post|page=B1|date=November 17, 2010|access-date=November 17, 2010|archive-date=November 17, 2010|archive-url=https://web.archive.org/web/20101117110110/http://www.washingtonpost.com/wp-dyn/content/article/2010/11/16/AR2010111607010.html|url-status=live}}</ref> The jury began deliberations on November 17, 2010.<ref name="WP-20101117-hands"/> Scheduled proceedings of the case met delays because of increased security at the courthouse.<ref name="WP-20101118-delay">{{cite news|last=Alexander|first=Keith L.|title=Long lines from tightened security delay justice at D.C. Superior Court|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/11/18/AR2010111805657.html|newspaper=The Washington Post|date=November 18, 2010|access-date=November 18, 2010|archive-date=November 11, 2012|archive-url=https://web.archive.org/web/20121111160657/http://www.washingtonpost.com/wp-dyn/content/article/2010/11/18/AR2010111805657.html|url-status=live}}</ref> After two days of deliberations, all but one juror had voted to convict Guandique.<ref name="WP-20101123-holdout">{{cite news|last=Alexander|first=Keith L.|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/11/22/AR2010112207322.html|title=A single holdout delayed the verdict|newspaper=The Washington Post|page=A6|date=November 23, 2010|access-date=November 23, 2010|archive-date=November 11, 2012|archive-url=https://web.archive.org/web/20121111164021/http://www.washingtonpost.com/wp-dyn/content/article/2010/11/22/AR2010112207322.html|url-status=live}}</ref> On the third day, the jury asked Judge [[Gerald Fisher]] to clarify the definition of assault.<ref name="WE-20101119-elaboration">{{cite news|last=Babay|first=Emily|title=Chandra Levy jury seeks elaboration from judge|url=http://washingtonexaminer.com/blogs/capital-land/2010/11/chandra-levy-jury-seeks-elaboration-judge|newspaper=The Washington Examiner|date=November 19, 2010|access-date=November 19, 2010|url-status=dead|archive-url=https://web.archive.org/web/20110722131304/http://washingtonexaminer.com/blogs/capital-land/2010/11/chandra-levy-jury-seeks-elaboration-judge|archive-date=July 22, 2011}}</ref> Fisher responded that any physical injury could legally be considered an assault, regardless of how small.<ref name="NBC-DC-20101119-definition">{{cite news|title=Levy Jury Asks for Legal Definition of Assault|url=http://www.nbcwashington.com/news/local-beat/Levy-Jury-Asks-for-Legal-Definition-of-Assault-109277174.html|publisher=[[WRC-TV]]|date=November 19, 2010|access-date=November 19, 2010|archive-date=January 30, 2013|archive-url=https://archive.today/20130130040155/http://www.nbcwashington.com/news/local-beat/Levy-Jury-Asks-for-Legal-Definition-of-Assault-109277174.html|url-status=live}}</ref> On November 22, 2010, the jury found Guandique guilty of both remaining counts of first-degree murder.<ref name ="CNN-20101122-guilty">{{cite news|url=http://news.blogs.cnn.com/2010/11/22/verdict-reached-in-chandra-levy-case|title=Man found guilty of murdering Chandra Levy|publisher=CNN|date=November 22, 2010|access-date=November 22, 2010|archive-date=November 25, 2010|archive-url=https://web.archive.org/web/20101125025059/http://news.blogs.cnn.com/2010/11/22/verdict-reached-in-chandra-levy-case/|url-status=dead}}</ref> After the trial, a juror said the testimony of Morales was decisive in reaching the verdict.<ref name ="WP-20101123-guilty">{{cite news|last=Alexander|first=Keith L.|author2=Cauvin, Henri E.|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/11/22/AR2010112207433.html|title=Guandique found guilty in Levy case|newspaper=The Washington Post|page=A1|date=November 23, 2010|access-date=November 23, 2010|archive-date=November 11, 2012|archive-url=https://web.archive.org/web/20121111164027/http://www.washingtonpost.com/wp-dyn/content/article/2010/11/22/AR2010112207433.html|url-status=live}}</ref> The conviction was called a "miracle" for having been reached with only circumstantial evidence.<ref name="WP-20101127-miracle">{{cite news|last=Enright|first=Deirdre M.|author2=Engle, Matthew L.|url=http://voices.washingtonpost.com/local-opinions/2010/11/miracle_conviction_or_one_more.html|title='Miracle' conviction or one more mistake?|newspaper=The Washington Post|date=November 27, 2010|access-date=December 22, 2010|archive-date=October 9, 2012|archive-url=https://web.archive.org/web/20121009011628/http://voices.washingtonpost.com/local-opinions/2010/11/miracle_conviction_or_one_more.html|url-status=dead}}</ref> Gladys Weatherspoon, who had previously represented Guandique in the 2001 assault cases, stated that she was troubled by the jury's verdict: "I just think they were going to convict anyway.... They felt bad for that woman, the mom. She's sitting in there every day."<ref name ="WP-20101123-guilty"/> At a post-trial press conference, Susan Levy said, "There's always going to be a feeling of sadness. I can surely tell you, it ain't closure."<ref name="ModestoBee-20101122">{{cite news|last=Doyle|first=Michael|title=Susan Levy: 'A feeling of sadness' will persist|url=http://www.modbee.com/2010/11/23/1440444/susan-levy-a-feeling-of-sadness.html|newspaper=[[The Modesto Bee]]|date=November 23, 2010|access-date=December 15, 2010|archive-url=https://web.archive.org/web/20101203040328/http://www.modbee.com/2010/11/23/1440444/susan-levy-a-feeling-of-sadness.html|archive-date=December 3, 2010|url-status=dead}}</ref> Since the conclusion of the trial, Susan Levy has acted to keep photographic evidence of her daughter's remains sealed from the news media.<ref name="ModestoBee-20101124-media">{{cite news|last=Doyle|first=Michael|url=http://www.modbee.com/2010/11/24/1443022/chandra-levys-mother-fighting.html|title=Chandra Levy's mother fighting media request for some trial photos|newspaper=The Modesto Bee|date=November 24, 2010|access-date=December 15, 2010|archive-url=https://web.archive.org/web/20101227154723/http://www.modbee.com/2010/11/24/1443022/chandra-levys-mother-fighting.html|archive-date=December 27, 2010|url-status=dead}}</ref> ===Sentencing and appeals=== On February 1, 2011, Guandique's attorneys requested a [[new trial]] on the grounds that the verdict had been improperly attained. The 17-page filing claimed that the prosecutors had appealed to the emotions of the jury, using "references to facts not in evidence".<ref name="NBCDC-20110202-trial">{{cite news|last=Gresko|first=Jessica|url=http://www.nbcwashington.com/news/local-beat/Guandique-Wants-New-Trial-in-Levy-Slaying-115150324.html|title=Guandique Wants New Trial in Levy Slaying|agency=[[WRC-TV]]|date=February 2, 2011|access-date=February 3, 2011|archive-date=January 29, 2013|archive-url=https://archive.today/20130129180903/http://www.nbcwashington.com/news/local-beat/Guandique-Wants-New-Trial-in-Levy-Slaying-115150324.html|url-status=live}}</ref> The motion also alleged that one juror, who did not take notes, had breached the judge's instructions not to be "influenced by another juror's notes".<ref name="NBCDC-20110202-trial"/> The prosecution opposed a retrial, arguing that the issue regarding the notes was no more than a technicality that did not have a significant effect on the verdict.<ref name="Fox-20110208">{{cite news|last=Levine|first=Mike|title=Prosecutors seek life term for Chandra Levy killer|url=https://www.foxnews.com/us/prosecutors-seek-life-term-for-chandra-levy-killer/|publisher=Fox News Channel|agency=[[Associated Press]]|date=February 8, 2011|access-date=February 8, 2011|archive-date=February 12, 2011|archive-url=https://web.archive.org/web/20110212131838/http://www.foxnews.com/us/2011/02/08/prosecutors-seek-life-term-chandra-levy-killer/|url-status=live}}</ref> Guandique faced a minimum penalty of 30 years to a maximum of [[life imprisonment]] without the possibility of [[parole]].<ref name ="CNN-20101122-guilty"/><ref name ="MSNBC-20101122-guilty">{{cite news|url=https://www.nbcnews.com/id/wbna40317461|title=Guilty verdict in Chandra Levy murder case|work=[[NBC News]]|agency=Associated Press|date=November 22, 2010|access-date=November 22, 2010|archive-date=March 25, 2020|archive-url=https://web.archive.org/web/20200325095740/http://www.nbcnews.com/id/40317461|url-status=live}}</ref> In seeking the maximum possible sentence, the prosecutors stated that Guandique "is unable to control himself and thus, will always remain a danger to women".<ref name="Fox-20110208"/> A memo submitted by the prosecution in February 2011 cited Guandique's harassment of female staff in prison, including soliciting a nurse and masturbating in front of guards.<ref name="Fox-20110208"/> Assistant U.S. Attorney Fernando Campoamor-Sanchez disclosed that he had traveled to El Salvador with a detective to investigate allegations that Guandique had fled his native country because of suspected attacks against local women dating back to 1999.<ref name="VancouverSun-20110208">{{cite news|last=Doyle|first=Michael|title=Prosecutors seek life without parole for Chandra Levy's killer|url=https://vancouversun.com/news/Prosecutors+seek+life+without+parole+Chandra+Levy+killer/4247029/story.html|newspaper=[[The Vancouver Sun]]|agency=[[The McClatchy Company]]|date=February 8, 2011|access-date=February 10, 2011}} {{Dead link|date=April 2012|bot=H3llBot}}</ref> During the sentencing hearing on February 11, Guandique said to Levy's family, "I am sorry for what happened to your daughter", and insisted on his innocence. Before Judge Gerald Fisher reminded Susan Levy to address the court instead of the defendant, Levy said to him, "Did you really take her life? Look me in my eyes and tell me." Fisher denied Guandique's motion for retrial and handed down a sentence of 60 years in prison, stating that Guandique "will be a danger for some time. He's a sexual predator."<ref name="WP-20110211-prison">{{cite news|last=Alexander|first=Keith L.|title=Guandique, Chandra Levy's killer, gets 60 years in prison|url=https://www.washingtonpost.com/wp-dyn/content/article/2011/02/11/AR2011021103591.html|newspaper=The Washington Post|pages=1–2|date=February 11, 2011|access-date=February 11, 2011|archive-date=June 28, 2011|archive-url=https://web.archive.org/web/20110628203643/http://www.washingtonpost.com/wp-dyn/content/article/2011/02/11/AR2011021103591.html|url-status=live}}</ref> Guandique repeated his innocence during his sentencing. He has maintained his innocence in the years since the trial.<ref name="AbcNewsJan2013SecretHearing">{{Cite web |url=https://abcnews.go.com/US/wireStory/secret-hearings-case-chandra-levy-slaying-18311786 |title=Secret Hearings in Case of Chandra Levy Slaying - ABC News |website=[[ABC News (United States)|ABC News]] |access-date=January 25, 2013 |archive-url=https://web.archive.org/web/20130128074743/https://abcnews.go.com/US/wireStory/secret-hearings-case-chandra-levy-slaying-18311786 |archive-date=January 28, 2013 |url-status=dead }}</ref> On February 25, 2011, public defender James Klein filed an appeal of Guandique's conviction with the [[District of Columbia Court of Appeals]]. In December 2012 and January 2013, a set of secret hearings were made known to the public, but the subject of the meetings was sealed by the judge.<ref name="AbcNewsJan2013SecretHearing"/><ref name="NbcUSNewsJan2013SecretHearing">{{Cite news | url = http://usnews.nbcnews.com/_news/2013/01/25/16698740-secret-hearings-held-in-killing-of-washington-intern-chandra-levy?lite | title = Secret hearings held in killing of Washington intern Chandra Levy | work = [[NBC News]] | date = January 25, 2013 | access-date = January 25, 2013 | archive-date = January 27, 2013 | archive-url = https://web.archive.org/web/20130127171302/http://usnews.nbcnews.com/_news/2013/01/25/16698740-secret-hearings-held-in-killing-of-washington-intern-chandra-levy?lite | url-status = live }}</ref><ref>{{cite news | url=https://www.washingtonpost.com/chandra-levy-murder-conviction-may-be-in-doubt/2013/01/25/35ebd9da-66f8-11e2-889b-f23c246aa446_video.html | newspaper=The Washington Post | title=Chandra Levy murder conviction may be in doubt | date=January 25, 2013 | access-date=December 22, 2018 | archive-date=January 28, 2013 | archive-url=https://web.archive.org/web/20130128190111/http://www.washingtonpost.com/chandra-levy-murder-conviction-may-be-in-doubt/2013/01/25/35ebd9da-66f8-11e2-889b-f23c246aa446_video.html | url-status=dead }}</ref> After a third hearing in February, the judge in the case unsealed transcripts from the previous hearings which revealed that Klein was seeking a new trial based on new evidence in the case.<ref name="HuffingtonPostFeb2013A">{{Cite web |url=http://www.huffingtonpost.com/2013/02/19/ingmar-guandique-new-trial-chandra-levy_n_2719319.html |title=Ingmar Guandique, Man Jailed For Killing Chandra Levy, Could Get New Trial |website=[[HuffPost]] |access-date=February 27, 2013 |archive-date=February 22, 2013 |archive-url=https://web.archive.org/web/20130222042645/http://www.huffingtonpost.com/2013/02/19/ingmar-guandique-new-trial-chandra-levy_n_2719319.html |url-status=live }}</ref> A fourth hearing was scheduled for April 2013.<ref name="HuffingtonPostFeb2013A"/> === Dropped charges === In May 2015, prosecutors dropped their opposition to a new trial.<ref>{{Cite web|title = New trial possible in Chandra Levy killing - CNN.com|url = http://www.cnn.com/2015/05/22/us/chandra-levy-case/index.html|website = CNN|date = May 23, 2015|access-date = June 4, 2015|archive-date = May 26, 2015|archive-url = https://web.archive.org/web/20150526001949/http://www.cnn.com/2015/05/22/us/chandra-levy-case/index.html|url-status = live}}</ref> This resulted from defense claims that the prosecution's star witness, Armando Morales, had [[perjury|perjured]] himself on the stand. The defense contended that prosecutors failed to disclose that Morales was a [[jailhouse informant]] with a reputation for being untrustworthy. Morales had denied ever being an informant. The defense also argued that Morales made up Guandique's confession in order to boost his stock with prosecutors.<ref>{{cite news|url=https://www.washingtonpost.com/local/crime/new-trial-likely-for-man-convicted-of-killing-intern-chandra-levy/2015/05/22/d5c5ac20-00c4-11e5-833c-a2de05b6b2a4_story.html|title=New trial likely for man convicted of killing intern Chandra Levy|author1=Keith Alexander|author2=Mary Pat Flaherty|newspaper=[[The Washington Post]]|date=May 23, 2015|access-date=December 22, 2018|archive-date=January 28, 2018|archive-url=https://web.archive.org/web/20180128132610/https://www.washingtonpost.com/local/crime/new-trial-likely-for-man-convicted-of-killing-intern-chandra-levy/2015/05/22/d5c5ac20-00c4-11e5-833c-a2de05b6b2a4_story.html|url-status=live}}</ref> On June 3, the defense said that a new witness, a neighbor, called 911 at 4:37 a.m. on the last day Levy was alive in order to report hearing a 'blood-curdling scream', possibly coming from Levy's apartment.<ref>{{Cite web|title = New Witness Emerges in Chandra Levy Murder –– Could The Real Killer Still Be Out There?|date = June 3, 2015|url = http://radaronline.com/celebrity-news/chandra-levy-murder-new-witness-emerges-14-years-after-her-disappearance/|access-date = June 4, 2015|archive-date = June 3, 2015|archive-url = https://web.archive.org/web/20150603161240/http://radaronline.com/celebrity-news/chandra-levy-murder-new-witness-emerges-14-years-after-her-disappearance/|url-status = live}}</ref> The following day, Judge Gerald Fisher granted a motion for the new trial.<ref>{{Cite news|title = Chandra Levy murder retrial granted by US judge|work = BBC News|date = June 4, 2015|url = https://www.bbc.co.uk/news/world-us-canada-33000019|access-date = June 4, 2015|archive-date = June 7, 2015|archive-url = https://web.archive.org/web/20150607012936/http://www.bbc.co.uk/news/world-us-canada-33000019|url-status = live}}</ref> Judge Robert E. Morin set the retrial of Guandique for March 1, 2016, but at that time, it was moved to October 11.<ref>{{Cite web|title = Judge sets 2016 retrial date in Chandra Levy case|date = June 12, 2015|url = http://www.kcra.com/news/local-news/news-modesto/judge-sets-2016-retrial-date-in-chandra-levy-case/33553438|access-date = June 15, 2015|archive-date = September 4, 2015|archive-url = https://web.archive.org/web/20150904054011/http://www.kcra.com/news/local-news/news-modesto/judge-sets-2016-retrial-date-in-chandra-levy-case/33553438|url-status = live}}</ref><ref>{{cite web|title=Retrial in Chandra Levy case now set for fall|url=http://wtop.com/national/2016/03/retrial-in-chandra-levy-case-now-set-for-fall/|date=March 4, 2016|access-date=April 8, 2016}}{{Dead link|date=August 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> In November 2015, prosecutors told a D.C. Superior Court judge that their office had failed to turn over documents to the defense before the defendant's first trial.<ref>{{Cite news|title = Prosecutor in retrial of man charged in Levy murder acknowledges 'mistake'|url = https://www.washingtonpost.com/local/public-safety/prosecutor-in-retrial-of-man-charged-in-levy-murder-acknowledges-mistake/2015/11/20/ab31854c-8fbc-11e5-ae1f-af46b7df8483_story.html?tid=ss_fb|newspaper = The Washington Post|date = November 20, 2015|access-date = December 29, 2015|issn = 0190-8286|language = en-US|first = Keith L.|last = Alexander|archive-date = January 2, 2016|archive-url = https://web.archive.org/web/20160102045332/https://www.washingtonpost.com/local/public-safety/prosecutor-in-retrial-of-man-charged-in-levy-murder-acknowledges-mistake/2015/11/20/ab31854c-8fbc-11e5-ae1f-af46b7df8483_story.html?tid=ss_fb|url-status = live}}</ref> In December 2015, defense attorneys argued in new court filings that the charges should be dismissed because of those errors.<ref>{{Cite web|title = In Chandra Levy case, defense attorneys seek dismissal of murder charges|url = http://www.mcclatchydc.com/news/crime/article49891190.html|website = mcclatchydc|access-date = December 29, 2015|archive-date = January 2, 2016|archive-url = https://web.archive.org/web/20160102045332/http://www.mcclatchydc.com/news/crime/article49891190.html|url-status = live}}</ref> Specifically, the defense argued that they had only received two of three pages of a memo detailing prosecutors' contacts with Morales. At trial he had testified that he had never cooperated with law enforcement prior to the Levy case. The missing first page noted that he had previously approached law enforcement to discuss gang activity, including the actions of gangs to which he belonged. The defense argued this information had been purposely withheld from them, as it might suggest that Morales had shaded his testimony to gain favor with prosecutors.<ref name="2021 WashPost disciplinary hearing story">{{cite news|last=Alexander|first=Keith|title=Ex-federal prosecutors in Chandra Levy murder case dispute allegations they withheld information on key witness|url=https://www.washingtonpost.com/local/public-safety/chandra-levy-ethics-violations-prosecutors/2021/05/28/d858bb30-be28-11eb-9c90-731aff7d9a0d_story.html|url-access=subscription|newspaper=[[The Washington Post]]|date=May 28, 2021|access-date=April 4, 2022|archive-date=May 30, 2021|archive-url=https://web.archive.org/web/20210530144311/http://www.washingtonpost.com/local/public-safety/chandra-levy-ethics-violations-prosecutors/2021/05/28/d858bb30-be28-11eb-9c90-731aff7d9a0d_story.html|url-status=live}}</ref> On July 28, 2016, prosecutors announced that they would not proceed with the case against Guandique and would, instead, seek to have him deported.<ref>{{Cite web|url=http://www.cnn.com/2016/07/28/us/charges-dropped-in-chandra-levy-murder/index.html|title=Charges dropped in Chandra Levy murder |first1=Ralph |last1=Ellis |first2=Cheri |last2=Mossburg |date=July 28, 2016 |website=[[CNN]] |archive-url=https://web.archive.org/web/20160728230411/http://www.cnn.com/2016/07/28/us/charges-dropped-in-chandra-levy-murder/index.html|archive-date=July 28, 2016|access-date=July 28, 2016}}</ref> According to ''[[The Washington Post]]'', prosecutors lost confidence in the case after learning that Morales, who now lives in Maryland, was secretly recorded admitting lying on the witness stand during the 2010 trial. Babs Proller, the woman who made the recording, turned it over to the police. The U.S. Attorney's Office said only that based on new information that had come to light during the previous week, there was no longer enough evidence to go forward with the retrial.<ref name="WaPoDropped">{{cite news|url=https://www.washingtonpost.com/local/public-safety/charges-dropped-against-man-accused-of-killing-washington-intern-chandra-levy/2016/07/28/36f36630-54ee-11e6-bbf5-957ad17b4385_story.html|title=Why prosecutors dropped charges against the man accused of killing Washington intern Chandra Levy|author1=Lynh Bui|author2=Keith Alexander|author3=Scott Higham|newspaper=[[The Washington Post]]|date=July 30, 2016|access-date=December 22, 2018|archive-date=December 6, 2018|archive-url=https://web.archive.org/web/20181206192540/https://www.washingtonpost.com/local/public-safety/charges-dropped-against-man-accused-of-killing-washington-intern-chandra-levy/2016/07/28/36f36630-54ee-11e6-bbf5-957ad17b4385_story.html|url-status=live}}</ref> In March 2017 Guandique lost his bid to remain in the United States and was deported to his native El Salvador in May.<ref>{{Cite web|url=https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4956|title=Ingmar Guandique|work=National Registry of Exonerations}}</ref> === Disciplinary proceedings against prosecutors === Defense lawyers for Guandique believed that Campoamor-Sánchez and Haines had deliberately failed to turn over the first page of the Morales memo. They filed a complaint to that effect with the Justice Department's [[Office of Professional Responsibility]] (OPR). After investigating for two years, OPR found no ethical or legal violations.<ref name="Reuters prosecutors story">{{cite news|last=Scarcella|first=Mike|title=Prosecutors in Chandra Levy case fight six-month sanction bid by ethics enforcers|url=https://www.reuters.com/legal/litigation/prosecutors-chandra-levy-case-fight-six-month-sanction-bid-by-ethics-enforcers-2021-11-09/|newspaper=[[Reuters]]|date=November 9, 2021|access-date=January 20, 2022|archive-date=January 21, 2022|archive-url=https://web.archive.org/web/20220121001048/https://www.reuters.com/legal/litigation/prosecutors-chandra-levy-case-fight-six-month-sanction-bid-by-ethics-enforcers-2021-11-09/|url-status=live}}</ref> Campoamor-Sánchez left the Justice Department to work at the [[Securities and Exchange Commission]], and Haines retired. In 2020 the [[District of Columbia Bar]]'s Office of Disciplinary Counsel (ODC) announced it would investigate the allegations; it brought charges the following May.<ref name="National Law Journal article">{{cite news|last=Scarcella|first=Mike|title=Two Former Federal Prosecutors Contest Ethics Charges Stemming From Chandra Levy Murder Trial|url=https://www.law.com/nationallawjournal/2021/05/04/2-former-federal-prosecutors-contest-ethics-charges-stemming-from-chandra-levy-murder-trial/|newspaper=[[National Law Journal]]|date=May 4, 2021|access-date=January 20, 2022|archive-date=January 21, 2022|archive-url=https://web.archive.org/web/20220121001050/https://www.law.com/nationallawjournal/2021/05/04/2-former-federal-prosecutors-contest-ethics-charges-stemming-from-chandra-levy-murder-trial/|url-status=live}}</ref> At the hearing both attorneys testified in their behalf. Haines believed that the full memo had been turned over to the defense and they had lost the first page. She did not think there would have been any reason for prosecutors to withhold it as it did not seriously damage their case; but she sometimes delayed turning over more specific information on witnesses to the defense since at some trials that had led to those witnesses getting killed. Both she and Campoamor-Sánchez testified that they had clashed over what to turn over to the defense and when, since at the time there were no clear rules in the Justice Department about it, leading to greater clashes between the two about who would question Morales at trial and handle the case's [[closing argument]]—Campoamor-Sánchez had originally been scheduled to do both, but Haines reassigned those tasks to herself, leaving him feeling marginalized.<ref name="2021 WashPost disciplinary hearing story" /> Three months later ODC announced its preliminary conclusion that the two had violated bar rules requiring that prosecutors disclose potentially exculpatory evidence to defense lawyers, and recommended both be [[Suspension (punishment)|suspended]] from practicing law for six months. Both contested that punishment, with Haines's attorney calling it "unhinged—from both reality and from any precedent in law or logic". She and Campoamor-Sánchez have denied any wrongdoing.<ref name="Reuters prosecutors story" />
Summary:
Please note that all contributions to Niidae Wiki may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see
Encyclopedia:Copyrights
for details).
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)
Search
Search
Editing
Killing of Chandra Levy
(section)
Add topic