STATEN ISLAND, N.Y. — A one-word response by an expert witness in an ongoing manslaughter trial in state Supreme Court, St. George, could determine the fate of defendant Carlos Rivera.
Deliberations remained ongoing Tuesday morning in the June 17, 2024, stabbing, which left the deceased, 41-year-old Joel Badillo, bleeding out on a commercial block in Stapleton.
A note from the jury Tuesday read by Justice Mario F. Mattei asked to hear the transcript of an exchange last week between prosecutors and a forensic pathologist with the Office of the Chief Medical Examiner.
Justice Mario Mattei, shown in this file photo, on Tuesday received a note from the jury requesting to hear back part of an expert witness’ testimony in the ongoing Carlos Rivera manslaughter trial in state Supreme Court, St. George. .(Advance/SILive.com)
In questioning the witness, Assistant District Attorney Arda Ozdinc asked if there was evidence, based on her examination of the body, that the wound was self-inflicted, to which she responded, “no.”
The defense, however, maintains it is still possible.
‘I realize this sounds a little crazy’
Video surveillance of the stabbing shows Rivera and Badillo, both Stapleton residents, engaged in a knife fight at Broad and Gordon streets on the afternoon in question.
During closing arguments Monday, defense attorney Christina Paliogiannis presented photos of the two knives collected by NYPD at the scene and proposed that Badillo might have stabbed himself in the fracas as he was raining down blows on the defendant
She pointed to the autopsy report, which indicated a puncture wound of four to five inches, but no sign of bruising from the top of a knife’s handle which is often the case in stabbings.
Defense attorneys Jared Hirsch, left, and Christina Paliogiannis, right, are trying the manslaughter case of Carlos Rivera in state Supreme Court, St. George, on behalf of the Legal-Aid Society. (Steve White for the Advance/SILive.com)
Badillo’s knife, the defense pointed out, did not have a prominent handle or “hilt,” while Rivera’s knife did.
“I realize this sounds a little crazy,” said Paliogiannis in introducing the theory. “But I want you to watch this moment.”
At one point during the fight, which Paliogiannis presented to the jury as a freeze-framed image, she suggested Badillo’s own knife could have made contact with his torso.
Both knives used in the fight were recovered at the scene by responding police, but forensics was unable to clearly determine which knife entered Badillo, according to trial testimony by law enforcement.
“The question isn’t ‘did he actually stab himself?’“ said Paliogiannis.
”The question you have to answer is, ‘have they proven to you beyond all reasonable doubt that it was Carlos’ knife?’”
‘Use common sense’: Prosecution
Assistant District Attorney Arda Ozdinc last week questioned an expert witness with the Office of Chief Medical Examiner’s office about the cause of the deceased’s wounds. (Steve White for the Advance/SILive.com)
The prosecution, in countering the argument, also freeze-framed an image to present in summations.
In their image, Rivera is in a seated position on the street when he swings his knife up toward Badillo, appearing to make contact or nearly make contact with Badillo’s chest.
“You can see it for yourself right here in the video,” said Ozdinc. “Look at it with your own eyes and use common sense.”
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