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From: Biniam Tekle (biniamt@dehai.org)
Date: Thu Feb 17 2011 - 21:34:48 EST
http://www.mercurynews.com/california/ci_17414479?nclick_check=1 Defendant
in Thanksgiving slaying banned for courtroom
By Paul T. Rosynsky
Oakland Tribune
Posted: 02/17/2011 11:51:32 AM PST
Updated: 02/17/2011 02:11:13 PM PST
OAKLAND -- A triple murder case against two brothers accused of killing
their in-laws was delayed again Thursday as one of the brothers was sent to
a doctor after complaining of having a fever and pain in his chest.
Tewodros Gebreselassie, 43, was granted an emergency order to see a doctor,
forcing a delay in a trial that has already been hampered by frequent
outbursts from Gebreselassie's brother, Asmerom, who engaged in a yelling
match with a judge this week.
That yelling match resulted in Asmerom Gebreselassie, 47, losing his right
to represent himself against charges that could send him to prison for life.
Instead, he will be represented by Darryl Stallworth, a court-appointed
defense attorney who had been advising Asmerom Gebreselassie.
The Gebreselassies are accused of killing three in-laws; Asmerom is accused
of being the shooter, while Tewodros is accused of helping his brother gain
entry into an apartment where the in-laws were preparing a Thanksgiving Day
dinner in 2006.
The removal of Asmerom Gebreselassie from the case also sparked questions as
to whether he will be allowed to remain in court for the rest of the trial
and whether Tewodros Gebreselassie has the right to a new, separate trial.
Despite the delay caused by Tewodros Gebreselassie's illness, Alameda County
Superior Court Judge Vern Nakahara said Thursday that he plans to continue
the case next week.
Nakahara said he plans to deny Tewodros Gebreselassie's request for a new,
separate trial and that he will ban Asmerom Gebreselassie from the courtroom
unless the native of Eritrea can prove that he will not disrupt court
proceedings.
"If he can't (behave), well then, that's it, he's lost the right to be
present," Nakahara said. "He can always reclaim his right to be present. He
holds the key."
Asmerom Gebreselassie had an outburst in front of the jury earlier this week
after he was denied a request to reopen questioning of a witness on a topic
he had already explored. The denial sent him into a rage as he began yelling
at the judge, accusing Nakahara of having a bias against him and working
with the district attorney to secure a guilty verdict.
Asmerom Gebreselassie's outbursts continued Wednesday during a hearing to
determine if he could continue to represent himself in the case. During that
outburst, he accused Nakahara of acting like a child and impersonated deputy
district attorney Joni Leventis as he used a high-pitched voice and
pretended to be offering the judge compliments.
After the outburst, Asmerom Gebreselassie said he no longer wanted to be
present for his trial.
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