Federal judge Francisco Besosa denied the request of the lawyer María Domínguez, that the charges against her client, the music producer and ex-convict Rafael “Raphy” Pina Nieves, be dismissed.
The lawyer argued that the prosecution had not presented sufficient evidence to place Pina Nieves in constructive possession of the guns, nor that he had knowledge that one of the guns was modified.
“As for the first count, the possession count, since the defendant was not in actual possession, the government must establish that he was in constructive possession. This requires evidence that on April 1, 2020, Mr. Pina not only had the power to exercise control over those firearms and ammo, but also, and more importantly, that he intended to exercise control over the firearms and ammo, “said the lawyer. “In fact, that day Mr. Pina was on a boat, and that is in the evidence,” she added.
In the second count against the music producer, which is modifying a weapon illegally, Domínguez argued that “there was no way a jury would find him guilty.”
“In relation to the second charge, the situation is even more serious, because not only does the prosecution has to prove that he was the owner of the guns, but the government also has the responsibility of proving that Pina had knowledge of the characteristics of the guns. There has been no evidence to show that Pina was aware of the modification of the gun ”, presented the lawyer.
“The absence of government evidence is aggravated in this case because Mr. Pina did not live in this house, other people had access to the house and the safe, and Mr. Pina’s fingerprints and DNA were only found on an old ammo box, “Domínguez added.
The prosecutor, José Ruiz, presented arguments to substantiate that, indeed, the evidence presented is sufficient. When asked by the judge how he maintains that there was an intention on the part of Pina Nieves to constructively possess the weapons, the prosecutor made reference to the call between Joed Romero and the accused.
“(In the call) he is deciding if he is going to give any of those guns away, he is exercising control over those weapons. The guns that were seized were not registered and that shows control over those guns. They are not by themself in a house, they are in a room that is used as a vault, under lock and key, “said Ruiz. “The jury can assume that Pina has control over everything in the house, including the things that are in the vault. This is how constructive possession works, “he added.
Regarding the second charge, the prosecutor referred to the testimony of the agent of the FBI and forensic examiner, Bryce Zeigler, who evaluated the altered gun.
“On the modified gun, Agent Zeigler’s testimony showed that the modification is visible to anyone handling the gun. If the modification is visible, the jury can assume that anyone wielding the weapon can see it as well. Therefore, we allege that Pina knew it was an altered gun, ”argued Ruiz.
After each party substantiated his position, Judge Besosa denied the defense’s motion.
Domínguez proceeded to present the first defense witness, who was the broker who participated in the rental business for Pina Nieves in Miami, Florida. The testimony was dismissed after Judge Besosa decided not to submit documents related to that contract to evidence.
The trial is in recess with no scheduled return time.
