A motions hearing is coming Wednesday in the case of an Emporia man accused of murder following an alleged incident from last year.
Alexei Perez-Ricardo will appear before Judge Jeffry Larson for a motions hearing, which could see decisions on in limine requests by defense attorney Rand Simmons to exclude evidence provided after Dec. 12 and to not use the term “defendant” during trial, as well as a defense request mandating that a witness and exhibit list be provided by prosecutors. Simmons has also filed a motion for what’s called an Allen instruction for members of the jury if the case goes to trial.
Allen’s instructions can lead to judges encouraging minority members to reconsider if jurors can’t agree on a verdict. Simmons is asking Judge Jeff Larson to instruct jurors that they don’t have to “surrender their honest convictions” so there can be a unanimous verdict.
Perez-Ricardo is accused of killing 57-year-old Adolfo Viniegra, initially listed as 62-year-old Raul Reyes, in late May following an alleged disturbance. He is officially charged with second-degree murder and aggravated battery in Viniegra’s murder. Perez-Ricardo is also charged with aggravated robbery after an alleged incident involving Joseph Alfred Rodriguez.
