Prosecution in Fajardo murder case given 10 days to respond to motion for reconsideration
By John McPhaul
In response to a motion filed by attorney Jorge Gordon Menéndez to revoke the conviction for murder in the first degree and violation of the Weapons Law against Jensen Medina Cardona for killing Arellys Mercado Ríos, Judge Gema González Rodríguez on Tuesday established a deadline of 10 days for the prosecutor’s office to express itself.
Gordon Menéndez’s motion claims that the prosecutiion failed to prove the case beyond a reasonable doubt, particularly with respect to the charge of murder in the first degree.
“In the same way, the State failed to establish the elements of the crime necessary to sustain the convictions for violation of the 2000 Weapons Law, especially those related to Article 5.04,” the motion said.
The defense lawyer said the court must not allow the sensationalism of the press to violate the constitutional rights of the accused.
“For all these reasons, we ask this August Forum to reconsider and nullify the previous convictions imposed against Mr. Medina Cardona, and proceed to issue a new guilty verdict consistent with the arguments outlined in this brief,” Gordon Menéndez said in his motion.
The defense attorney asked the court “for reconsideration and, consequently, revocation of the criminal convictions of Mr. Medina Cardona and” to “modify its decision accordingly. with the legal proposals raised here.”
The high-profile case commanded public attention in Puerto Rico for over two years, culminating in last month’s conviction. Medina Cardona killed Mercado Ríos after an altercation over a cell phone in Villa Marina de Fajardo on Aug. 19, 2019. The current convict drew a firearm for which he did not have a license and killed the woman with a shot in the neck.