Previous killing brought up in Christmas murder pretrial motions
(ABC 6 News) – Battles over the legal nitty-gritty in Rochester murder case continued Friday, Sept. 20.
Mustafa Bush faces two 1st-degree murder charges and one 2nd-degree murder charge in the death of Kimberly Robinson in December of 2022.
Bush appeared for a pretrial hearing Friday, wherein the State of Minnesota moved to add evidence ahead of trial proceedings.
According to court documents, the Olmsted County Attorney’s Office moved for the right to tell the jury about Bush’s previous murder conviction – the killing of Corey Richardson in 2006 – if the defendant takes the stand himself, as a witness.
Minnesota State Statutes allow the court to “impeach” a witness’ credibility based on a previous conviction if the crime was punishable by a year’s imprisonment or worse, and if the proof or information conveyed outweighs the odds of prejudicing the jury.
The state also detailed statements given to officers the state intends to offer as evidence of multiple previous assaults on Robinson.
The statements include allegations that Robinson messaged friends detailing Bush’s physical abuse, sent photos of injuries she attributed to Bush, and described an attack with a cattle prod once.
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Defense motions
Bush’s defense filed its own set of motions Sept. 16 and 17, in an attempt to tone down visual evidence of violence, as well as eliminate “hearsay” in the trial.
His attorney’s moved to limit “spark of life” evidence, which gives a jury a sense of a victim’s life and personality, to one photo and testimony directly related to it.
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They also moved to limit the state’s ability to use crime scene photos, and only allow ones that make it through review to be viewed in black-and-white.
The defense moved to limit hearsay, or a statement made outside of court that is later repeated during trial.
Additionally, Bush’s lawyers requested to review any Powerpoint or visual presentations used in court, and to require the State to detail what crimes it intends to prove in order to establish a “past pattern” of domestic abuse.
Bush’s murder trial is scheduled to begin Oct. 21.