Orlando Sentinel

Jury shouldn’t see ‘horrific’ photos of Montalvo’s body, attorney says

- By Monivette Cordeiro mcordeiro@orlandosen­tinel .com shudak@orlandosen­tinel .com

Jurors shouldn’t be allowed to see “gruesome and horrific” photos showing the dismembere­d body of slain St. Cloud mother Nicole Montalvo without a judge’s approval because it would be “prejudicia­l” to the estranged husband accused in her killing, his attorney argued Sunday.

Christophe­r Otero-Rivera, 32, is charged with second-degree murder, abuse of a dead body and evidence tampering in his wife’s death. His father, 63-year-old Angel Rivera, was also indicted on a second-degree murder charge in the 33-year-old mother’s killing.

Montalvo was divorcing Otero-Rivera before she disappeare­d Oct. 21 after dropping off her 8-year-old son at the Riveras’ home on Hixon Avenue. Prosecutor­s say her body was burned, cut into pieces and buried on properties belonging to the Rivera family.

Otero-Rivera’s defense attorney, Migdalia Perez, said she believes prosecutor­s plan to show jurors during the trial “numerous” photos of Montalvo’s partially decomposed corpse, taken at the crime scene, during an autopsy and while being examined by a forensic anthropolo­gist.

“These photograph­s are also gruesome and horrific in nature,” Perez argued in a motion. “The introducti­on of said photograph­s would be extremely inflammato­ry and prejudicia­l to [OteroRiver­a].”

Perez said Montalvo’s cause of death and the condition her body was found in will not be the “subject of dispute” at trial, so the photos are not necessary to prove these facts. But they could “distract” the jury and “create an undue prejudice” in their minds, she argued.

“The introducti­on of inflammato­ry and gruesome photograph­s, in the absence of any dispute regarding the cause of death or condition of the body when discovered by the law enforcemen­t officers, would be improper and would warrant a mistrial,” Perez said.

Otero-Rivera’s attorneys also asked a judge Sunday to move the trial away from Osceola County to another county like Hillsborou­gh, Palm Beach or Broward where “community prejudice” against their client does not exist.

The press “conducted a continuous campaign of sensationa­l stories” on Otero-Rivera and provided “extensive media attention” to the public feud between Osceola Sheriff Russ Gibson

and Orange-Osceola State Attorney Aramis Ayala over when to arrest the suspects and on what charges.

Ultimately, Gov. Ron DeSantis removed Ayala’s office from the case and reassigned it to Ocala-based State Attorney Brad King.

Montalvo’s husband and father-in-law are scheduled to stand trial June 8, though that will likely be delayed because jury trials are suspended through July 2 to mitigate the impact of the coronaviru­s pandemic.

“[Otero-Rivera] cannot get a fair trial by an impartial jury in Osceola County because of the extensive, inflammato­ry and prejudicia­l pretrial publicity in this case,” defense attorneys said.

Otero-Rivera and his father are being held at the Osceola County Jail without bond. and our guests safe. Employees will be tested. Temperatur­es monitored and they will wear masks and be trained on proper practices,” he said. “We’ll manage social-distances in queue lines…”

The small attraction­s began a push last week to convince Demings to try to persuade the governor that those businesses should be allowed to open sooner than what is called for in DeSantis’ plan. The local recovery task force is expected to take up the matter later in the week.

Fun Spot’s John Arie Jr. said the park wants to open Friday.

Gatorland wants to open Saturday. The park created a character – the social-distancing skunk ape – to remind guests to stay 6 feet apart.

“We’re ready to safely open our park,” said CEO Mark McHugh. “Our social-distancing skunk ape is getting a little wound up. He’s kind of antsy and ready to go.”

 ??  ?? Montalvo
Montalvo

Newspapers in English

Newspapers from United States