Jury selection has begun for the second trial involving Allan Agababa, the man accused of murdering his mother.
Guam – Agababa sat quietly in court, as his attorney Curtis Van de Veld and the Attorney General’s office went back and forth arguing about the use of the testimony from Doctor Cohen, an expert witness who testified during Agababa’s first trial, which ended in a mis-trial because of a hung jury. The AG’s office argued that because the testimony is a recording, they would not be able to replicate the process used in the first trial. Meanwhile, van de veld does not agree, arguing that the testimony should be allowed because Cohen was cross examined by the AG’s office which could also be used during trial.
“How are we going to give the jury a reference to photographs especially if they had not been admitted as exhibits. I mean i would then move to strike his testimony in a limited fashion, regarding those photographs, testimony regarding those photographs under 403 because of the confusion that could ensue,” stated the AG’s Office.
Agababa is accused of slaying his mother, June Shelly Bernstein, back in August of 2013. He is facing aggravated murder charges and if found guilty could spend the rest of his life in prison.