The testimony from the prosecution's star witness in a Rockford murder case will not be allowed in. A judge denied allowing a transcript of testimony from a man who died earlier this year leaving the prosecution to try to prove Isaac Jaimes killed a 16-year-old boy without the man who saw it all happen.
"This defendant, Isaac Jaimes shot DeMarkis Robinson with a sawed-off .22 caliber rifle," says John Gibbons, Winnebago County Deputy State's Attorney.
The prosecution argues Jaimes was also shooting at William Patrick on May 27, 2010. The two were walking down 6th Street when after an SUV drove by and someone flashed a gang sign at them. That vehicle came back around and started shooting at Patrick and DeMarkis Robinson. Patrick missed getting hit but Robinson was shot.
Patrick was the state's star witness in trial of Isaac Jaimes' brother, Ricardo Jaimes. He has already been convicted of killing Robinson. Patrick identified Ricardo Jaimes as the driver and his brother Isaac as the shooter. But a judge ruled the jury will never get to hear that testimony. Prosecutors say the judge made the ruling because Patrick's testimony was never cross examined by Isaac Jaimes' defense lawyers and it was not involving his specific case. Plus there is no evidence to support Patrick's death was in any way related to this case.
In opening statements this morning, the defense says Isaac Jaimes was not the man in the car with his brother. Instead it was another Hispanic male who was a Latin King gang member with his brother Ricardo.
"How do we know that because that's what Ricardo or Ricky as his family knows him as told his little brother after they did it. The shooter was Lois Vasquez while Isaac was at home with his father," says Deborah Schaffer.
There is also evidence of Isaac Jaimes confessing on tape to the crime to the police. But the defense says it was coerced. The prosecution argues it was Jaimes who ended up killing Robinson because he was standing next to William Patrick, who was in a rival gang member of the Jaimes' brothers.
"He was found by his father who was searching frantically for him. He was found under running water by a water faucet on the side of a house on 6th Avenue Court in the alley area bleeding to death internally," says Gibbons.
Robinson was an East High School student. He had just completed his finals on the day he was killed.
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