Attorney in murder trial points finger at witnesses, says they did it


Theories related to Shelly Bernstein’s death were emphasized in court on Friday, as attorneys made their final arguments in the murder trial of Allan Agababa.
Guam – The fate of Allan Agababa lies in the hands of 12 jurors who must put the pieces together and sift through the evidence to determine beyond a reasonable doubt whether or not he murdered his mother Shelly Bernstein.

“It is reasonably possible that Randall Fulcher along with Robert “Dodd” Plu decided to burglarize and take the computers and then when you find out that during the burglary somebody injured the lady and you thought she got shot because they all thought it was a gun shot. Why would you call somebody that you barely know right away? Because you are covering your tracks,” theorized Defense Attorney Curtis Van de Veld.

Van de veld also questioned the testimony of Chief medical Examiner Aurelio Espinola stating, “If that’s where she was at at the time of the infliction of the blunt force trauma. If she is over here where is somebody going to attack her from because the bed is up against this blue wall and it was the right side of her head that was buried in the pillow.”

Espinola had testified that Bernstein’s body was not moved and that the wound was inflicted while she was in bed. But perhaps, she was not attacked by anyone and instead fell as speculated by Forensic Pathologist Jospeh Cohen.

Van de Veld questioned what evidence the prosecution has on the defendant to prove that he murdered his mother? According to Van de Veld, nothing but the testimony of a convicted drug dealer, a “botched” autopsy report, a contaminated crime scene and the fact that Agababa was the one who found Bernstein. Because of this he contends that there is not enough evidence to prove beyond a reasonable doubt that his client is guilty, adding that the jury must come to the conclusion that Agababa is not guilty of all charges.




SOURCEJolene Toves
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Jolene Toves
Jolene joined the PNC team in 2017, as a producer, co-anchor and investigative reporter covering law enforcement, courts and crimes. Notable coverage includes the Ehlert case, the Mark Torre Jr. trial, the Allan Agababa trial, exclusive pieces on the Life of a Drug Dealer/Addict, and Life behind bars...the story of Honofre Chargualaf and Kevin Cruz. In 2019, she was promoted to Assistant News Director and Lead Anchor. From 2015 to 2017 she served as Public Relations and Promotions Manager, for the Hotel Nikko Guam handling local radio and advertorial promotions, as well as produced and directed tv commercials for the hotel. Prior to this she worked with KUAM for three years as a reporter and segment host. She began her journalism career in 2012, working with Glimpses of Guam contributing to the Guam Business Magazine, R&R magazine, MDM magazine and the Marianas Business Journal.