Murder trial delayed as beating of prosecution witness is probed

Kim Smith

Friday, July 26, 2002 | 9:28 a.m.

The murder trial of a man accused of killing his estranged girlfriend's sister came to an abrupt halt when it was revealed a key witness was beaten before he could take the stand.

District Judge Donald Mosley ended the trial Thursday after Chief Deputy District Attorney David Roger told him Thomas Ramirez was beaten by three men a short distance from the hotel the district attorney's office had put him up in.

The three men called Ramirez by name and as they were beating him said "Get the (expletive) on the plane and go home. You don't need to be here. Forget about everything," Roger said.

Ramirez was rescued by passers-by who chased the assailants off, Roger said. He suffered a broken jaw and his eye socket may also have been fractured.

Ramirez, 35, a New York resident, was expected to tell jurors that Kenneth Curtis told him that he planned to get back at Leticia Morfin for dumping him by hurting someone she loved.

Shortly thereafter, Morfin's sister, Marysol "Mimi" Peres' semi-nude body was found in a Dumpster wrapped in a blue Martha Stewart sheet. The 21-year-old had been shot in the back of the head.

Roger told the judge that Ramirez told a grand jury in 1998 that Curtis had called him from jail, telling him not to reveal what he knew.

If convicted, Curtis could receive the death penalty.

The attorneys on both sides of the case agreed to vacate the trial so an investigation can be completed. A mistrial was not declared because there were no allegations of misconduct by either side or a jury member.

Deputy Public Defender Jordan Savage said his ability to cross-examine Ramirez would be greatly hampered if the assault was made known to the jury and the trial was allowed to continue before an investigation was completed.

"We feel terrible that a witness in this case was injured, but we're not sure there's a link," Savage said.

Roger said that Curtis' personal property has been seized from his cell to determine if he has a connection to the beating. Phone and visitor records will likely be scrutinized as well.

Although Curtis' new trial won't be held until June 16 -- Mosley has sexual assault and murder trials scheduled every week until that time -- Roger said he is confident Ramirez will come back to testify.

"This guy is a tough little guy. He told me he has gotten beatings before and he's not afraid of the defendant. He was ready to testify (Thursday), broken jaw and all," Roger said.

"He was in New York City on 9/11 and saw planes crash into buildings. He's not afraid of anything at all."