photo by: Mackenzie Clark/Journal-World File Photo

In this Journal-World file photo from Sept. 27, 2019, Rontarus Washington Jr., center, is pictured next to this defense attorneys, Angela Keck and Adam Hall.

Whether jurors will hear evidence of new alleged “bad acts” of a homicide victim’s husband is still to be determined after a motions hearing Friday in the case of Rontarus Washington Jr.

It’s been almost six years since Nov. 7, 2014, when investigators say 19-year-old Justina Altamirano Mosso was bludgeoned and stabbed to death in an apartment at 1727 W. 24th St. in Lawrence.

Washington, now 24, was her neighbor at the time, and he has been charged with first-degree murder and aggravated burglary in connection with her death. However, his attorneys, Angela Keck and Adam Hall, have long held that the victim’s husband, Felipe Cantu Ruiz, was actually responsible for her death, and that has been their defense strategy for the case.

photo by: Contributed photos

Photos of Justina Altamirano Mosso, 19, provided by the Lawrence Police Department.

The former chief assistant district attorney withdrew from the case in August. Two new prosecutors, Senior Assistant DA Alice Walker and Deputy DA David Melton, have been catching up with more than five years’ worth of hearings. That includes Washington’s first trial, which began in September 2019 and ended four weeks later with a hung jury.

In a motion asking the court to admit “prior bad acts” of Cantu Ruiz, the defense has asked the judge to allow jurors at the second trial to hear evidence that, for instance, Cantu Ruiz allegedly told witnesses not to speak to the defense investigator and threatened some of them.

Douglas County District Court Chief Judge James McCabria, during arguments Friday, said that “by and large, the state has a circumstantial case” against Washington that lacks direct evidence, and the defense had presented sufficient evidence to support their third-party perpetrator theory.

However, what type of evidence in support of an alternative suspect theory that can be used in court was in question in this case. Hall said Friday that Cantu Ruiz had admitted to telling witnesses not to talk to the defense investigator, and that he had talked “in a racist way about Black people.” Hall said those actions established a consciousness of guilt.

Walker argued that evidence about a third party should be limited to a motive to commit the crime; McCabria, however, said his analysis was different from Walker’s, and that the court had previously allowed the defense to present evidence of Cantu Ruiz’s violence against Altamirano Mosso in the time prior to her death to show that history, for instance.

A key witness for the defense was unavailable to testify, but defense counsel has also requested that her testimony be taken under seal. The witness, who would have testified from another state via videoconference, was afraid for her family members’ safety. Walker said the state didn’t have enough information to agree to allow her testimony under seal. The judge on Friday sealed court documents that contain more detail on that matter.

The whereabouts of Cantu Ruiz were not entirely clear, either. Keck said he had “decided to make himself unavailable for this hearing.” Keck said prosecutors had told her that Cantu Ruiz was in Chicago, but he had told the defense investigator that he was in Mexico.

photo by: Mackenzie Clark/Journal-World File Photo

In this Journal-World file photo from Dec. 9, 2019, prosecutors Alice Walker and David Melton are pictured during jury selection in Douglas County District Court. In the background is Judge James McCabria.

The judge did not make any final rulings on the admissibility of any “bad acts” on Friday.

However, McCabria did rule Friday that he would not have potential jurors watch an 11-minute video about unconscious bias as the defense had requested. The video was created for use in a federal court in Washington, and the judge said he had some concerns about it.

McCabria said that at the end of the video, jurors are instructed that once they have considered the evidence in the case and come to a decision, they should take one extra step and think about whether they would reach the same conclusion if the case involved someone of another age, race, sex and so on. Such an instruction is not part of Kansas law.

“That’s not this court saying implicit bias is not a reality that exists,” McCabria said, noting that he touches on bias in his standard juror orientation.

McCabria also said he would review proposed juror questionnaires from defense counsel and prosecutors and produce a revised version before the next court date.

The judge also said he was not going to grant a request from the defense to send footwear evidence in the case to an expert in Florida, William Bodziak, for examination; however, he said if counsel wanted to file a formal motion to do so, he would hear arguments on it. Walker said the Lawrence Police Department has procedures in place so the expert could come to Kansas to examine the evidence, but that the state was not in a position to mail it to Florida.

photo by: AP File Photo

In this photo from Sept. 15, 1995, prosecution witness William Bodziak testifies as defense and prosecution attorneys look on during the O.J. Simpson double murder trial in Los Angeles. (AP Photo/Pool/Eric Draper)

At the second motions hearing, scheduled for all day Friday, Nov. 13, the court will take up defense counsel’s motion to dismiss or to disqualify the prosecutor. In the meantime, there will be a status conference held via videoconference at 4 p.m. Oct. 13.

More coverage: Rontarus Washington Jr. case

• Sept. 11, 2020: Motions hearing dates set in Rontarus Washington Jr.’s case

• Sept. 6, 2020: Breaking down the case of Rontarus Washington Jr., charged in 2014 Lawrence murder: FAQs and the latest motions

• Aug. 31, 2020: Prosecutor withdraws from Rontarus Washington Jr. murder case

• July 13, 2020: COVID-19 precautions, ‘technical difficulties’ hinder public access to court hearing in Lawrence murder case

• July 1, 2020: Judge modifies bond to $500K for murder defendant, who is released the same day after 5 years in jail

• June 30, 2020: State argues against bond reduction for long-jailed murder defendant Washington, notes that all 11 delays have been at defendant’s request

• June 12, 2020: Rontarus Washington Jr., jailed 5 years on suspicion of Lawrence murder, to receive new bond hearing; defense alleges misconduct by state

• May 4, 2020: DNA testing challenges due to COVID-19 further delay long-pending Lawrence murder case

• March 22, 2020: Speedy trial rights are on hold in Kansas. What does that mean for defendants?

• March 6, 2020: Retrial date set for Rontarus Washington Jr. in 2014 Lawrence murder case

• Feb. 28, 2020: Rontarus Washington Jr. defense pursues independent lab to avoid alleged KBI bias in Lawrence murder case

• Feb. 24, 2020: Rontarus Washington Jr.’s retrial date still pending in Lawrence murder case; DNA testing timeline uncertain

• Feb. 3, 2020: Rontarus Washington Jr., in jail 5 years in pending Lawrence murder case, will wait longer as defense requests more DNA testing

• After the trial — Oct. 7, 2019: In Lawrence murder trial deliberations, majority of jurors flipped votes from not guilty to guilty; new trial scheduled

September 2019 trial

• Day 20 — Oct. 4, 2019: Jury unable to reach verdict in 2014 Lawrence murder case; prosecutor wants to try again

• Day 19 — Oct. 3, 2019: Lengthy Lawrence murder trial could end with hung jury; deliberations to resume Friday

• Day 18 — Oct. 2, 2019: Jury continues deliberating in Lawrence murder trial; will resume Thursday

• Day 17, closing arguments — Oct. 1, 2019: Prosecutor rehashes defendant’s story’s ‘progression,’ defense emphasizes passion in closing arguments for Lawrence murder trial

• Day 17, last of testimony — Oct. 1, 2019: Longtime Cedarwood resident may have seen Lawrence murder victim kissing an unknown man, he testifies

• Day 16 — Sept. 30, 2019: Detective: Husband’s phone was en route to Manhattan at time of Lawrence murder victim’s death

• Day 15 — Sept. 27, 2019: Defendant and victim’s husband left prints on toilet tank lid used as weapon in Lawrence murder

• Day 14 — Sept. 26, 2019: Expert: Partial DNA on Lawrence murder victim’s nail could link to 1 in 2,000 men

• Day 13 — Sept. 25, 2019: Lawrence murder defendant tells police he walked in on body, then they accuse him, video shows

• Day 12 — Sept. 24, 2019: Neighbors: Defendant in Lawrence murder case requested ride out of state; victim and husband often had screaming arguments

• Day 11 — Sept. 23, 2019: Coroner testifies that Lawrence homicide victim likely died of blood loss from multiple stab wounds and other cuts

• Day 10 — Sept. 20, 2019: Co-worker of murder victim’s husband lied to Lawrence police, he says; footwear impression expert testifies

• Day 9 — Sept. 19, 2019: Lawrence murder victim’s best friend testifies, alleges domestic abuse in victim’s marriage

• Day 8 — Sept. 18, 2019: Investigator gives jury photo walkthrough of crime scene in Lawrence murder case

• Day 7 — Sept. 17, 2019: Husband of Lawrence murder victim wants to stay in U.S. only until case wraps, he testifies

• Day 6 — Sept. 16, 2019: Lawrence murder victim’s husband recounts alleged infidelity, lack of trust in relationship

• Day 5 — Sept. 13, 2019: Lawrence murder victim’s husband believed she was pregnant at time of her death, he testifies

• Day 4 — Sept. 12, 2019: Cousin testifies about last time she saw Lawrence murder victim alive

• Day 3 — Sept. 11, 2019: With jury selected, Lawrence murder trial to proceed

• Day 2 — Sept. 10, 2019: Prosecutor questions jury pool about graphic photos, domestic violence, biases in Lawrence murder trial

• Day 1 — Sept. 9, 2019: Jury selection begins in trial for 2014 Lawrence murder

Before trial

• Sept. 5, 2019: Lawrence murder case, pending since 2014, set for trial next week

• March 19, 2019: Last-minute access to victim’s phone prompts another delay for murder trial of Lawrence man now jailed 4-plus years

• Feb. 21, 2019: 4 years after slaying, Lawrence homicide victim’s phone may finally be unlocked

• Dec. 28, 2018: Defense continues dissecting evidence in murder case against man arrested 4 years ago

• Dec. 23, 2018: Citing alleged missteps in 30-year-old New York case, defense lawyer demands coroner be barred from 2 Lawrence murder trials

• Oct. 17, 2018: Trial now set to begin 4 years after man’s arrest in slaying of woman at Cedarwood Apartments

• June 1, 2018: Douglas County Jail’s longest-serving inmate asks for murder trial to be delayed again

• Nov. 19, 2017: Psychologists fill in picture of man accused of violently stabbing young Lawrence woman to death

• Oct. 23, 2017: Mental competency evaluation for Cedarwood Apartments murder suspect done, but disputed

• May 16, 2017: Competency evaluation ordered for man accused in 2014 Cedarwood Apartments slaying

• Sept. 4, 2015: Homicide victim’s husband recounts ‘bad’ relationship with wife; man charged in death bound over for trial

• Sept. 3, 2015: Coroner: November stabbing death of Lawrence woman, 19, was ‘overkill,’ ‘personal’

• April 20, 2015: Homicide victim’s ex ordered to appear at preliminary hearing; affidavit sheds more light on the killing

• March 16, 2015: Lawrence man charged with murder in death of woman at Cedarwood apartments

• Jan. 16, 2015: Mississippi officials unsure when homicide suspect may have extradition hearing; accused was victim’s neighbor

• Jan. 15, 2015: Man arrested in connection with November murder of 19-year-old Lawrence woman

• Dec. 2, 2014: Police: Still no arrest in woman’s homicide, language barrier an added hurdle to investigation

• Nov. 25, 2015: Cedarwood homicide victim buried in Mexico

• Nov. 18, 2014: Police identify homicide victim at Cedarwood Apartments as 19-year-old woman

• Nov. 11, 2014: No arrests, suspects in Cedarwood possible homicide; investigators remain on scene

• Nov. 10, 2014: Police investigating possible homicide at Cedarwood apartments