A judge ruled in favor of the prosecution Monday during the final pretrial hearing ahead of the murder trial in the death of UNC student Faith Hedgepeth.
Hedgepeth, a 19-year-old sophomore, was found dead in her apartment on Old Chapel Hill Road in September 2012.
On Monday, the defense and prosecution argued one final pretrial motion — a request from the state to block evidence or arguments suggesting someone other than Miguel Salguero-Olivares is responsible for Hedgepeth’s death.
Judge Keith Gregory ruled that if evidence or testimony involving possible third-party guilt comes up during the trial, it must first be addressed outside the presence of the jury.
Defense lawyers showed video clips of interviews and statements that Hedgepeth’s roommate, Karena Rosario, gave to investigators in the days and weeks after the murder. Rosario has not been charged in the case.
The defense said Rosario gave changing accounts to police about possible blood found on her hand the night of Hedgepeth’s death. Defense attorneys also pointed to conflicting accounts involving a shirt Rosario wore that night that was later found at the crime scene.
Defense attorney James Rainsford outlined his position to Gregory.
“These are the sort of things that you latch in — why is a person saying this, why this trail of blood, why stay away from the sink,” Rainsford said. “And I think it’s pretty obvious; the inference is obvious. I’ve been with that guy, Officer Matthews, in that apartment; we both saw blood on the sink … I got to stay away from that sink. That’s exactly what’s happening here.”
Prosecutors argued the evidence does not meet the legal standard for suggesting that another person committed the crime.
RELATED: Read a case timeline here
Salguero-Olivares was arrested in 2021 after prosecutors said DNA evidence linked him to the crime. He is also facing charges of first-degree burglary, rape and sexual offense.
In court filings, prosecutors say Salguero-Olivares’ DNA was found on several items at the crime scene.
He has pleaded not guilty.
The murder trial is scheduled to begin Monday, Sept. 28, in Durham County.
The trial is expected to last several weeks.
In August, the judge ruled on several pretrial motions, including whether cameras could be in court during testimony from Hedgepeth’s roommate.
Last week, prosecutors filed another motion providing insight into the expert witnesses they plan to call at trial.