APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 14-3090, DIVISION
"G" HONORABLE E. ADRIAN ADAMS, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux Darren A. Allemand.
COUNSEL FOR DEFENDANT/APPELLANT, EMILIO CALDERON Bruce G.
composed of Susan M. Chehardy, Fredericka Homberg Wicker, and
Stephen J. Windhorst
M. CHEHARDY, CHIEF JUDGE
Emilio Calderon, appeals his convictions and sentences for
second degree murder and first degree feticide. For the
reasons that follow, we affirm his convictions and sentences,
and remand the matter for correction of the commitment.
AND PROCEDURAL HISTORY
Martinez was found strangled to death in her apartment on
June 7, 2014. She was eight months pregnant. Years before, in
2007, when Katherine was sixteen years old, she immigrated to
the United States with her mother, Orla Martinez. They
initially settled in New York City; but after Katherine had
finished high school, she and her mother moved to Gretna in
2011, where Katherine got a job and began pursuing a career
in nursing. Katherine also maintained a social life,
befriending Santos Reyes, Juan Lozano, and Emilio Calderon,
defendant. Although she was romantically involved with each
of these men to varying degrees at various points in time,
the evidence suggests Katherine established a steady
relationship with Mr. Lozano sometime in 2012 and became
pregnant with his child in late 2013.
night of Saturday, June 7, 2014, Katherine and Mr. Lozano
were to pick up Katherine's mother from the airport. Mrs.
Martinez, who was in New York, had spoken with Katherine that
morning, but was unable to get in touch with her after 1:00
p.m. eastern time. Growing concerned, Mrs. Martinez called
Santos Reyes around 5:00 p.m. central time to see if he could
get in touch with Katherine. Mr. Reyes sent several text
messages to Katherine but got no response. At Mrs.
Martinez's insistence, Mr. Reyes went to Katherine's
apartment looking for her. The lights were out and nobody
answered the door, so he assumed she was not home and he
Martinez arrived at the New Orleans airport around 11:00 p.m.
Mr. Reyes picked her up and they went straight to
Katherine's apartment in Gretna. They forced open the
door and found Katherine unresponsive on the kitchen floor.
Mr. Reyes immediately began administering first aid, but soon
realized that Katherine was stiff and cold to the touch.
After failed attempts to revive her with fingernail polish
remover, they called 9-1-1.
Gabriel Faucetta of the Jefferson Parish Sheriff's Office
("JPSO") responded to the scene around 1:00 a.m. on
June 8, 2014. Katherine lay face up on the kitchen floor in
only a brassiere, shorts, and underwear. Several of her
acrylic fingernails were broken off, suggesting a struggle
had occurred. She had sustained several stab wounds.
autopsy later confirmed Katherine's cause of death was
asphyxia due to strangulation. This was also her unborn
child's cause of death. It was determined that the five
stab wounds had not caused her death because she had not lost
a fatal amount of blood. It was estimated that Katherine had
been dead between four and twelve hours at the time she was
his investigation, Detective Faucetta was put in touch with
Katherine's boyfriend, Mr. Lozano, who agreed to meet
with him at the detective bureau. Mr. Lozano was very
cooperative: he answered the detective's questions,
allowed officers to search his cell phone, and provided a DNA
sample. Mr. Lozano also removed his shirt and permitted
officers to examine his body for injuries or scratches. None
were found. Officers searched Mr. Lozano's vehicle,
house, and business, but located nothing of value. Through
the use of cellular records, Detective Faucetta corroborated
Mr. Lozano's whereabouts on June 7, 2014. Mr. Lozano was
ruled out as a suspect.
Mr. Reyes agreed to meet with detectives, and was also very
cooperative, allowing officers to search his cell phone,
providing a DNA sample, and permitting an examination of his
body, which did not reveal any injuries or scratches. Mr.
Reyes' whereabouts on June 7, 2014 were also corroborated
with his cellular records. He too was ruled out as a suspect.
detectives continued their investigation, Mrs. Martinez
advised them of troubling conversations she had with
defendant through Facebook and WhatsApp, a text messaging
application. The evidence suggested that defendant and
Katherine had a falling out and that Katherine cut off
communication with him, blocking him on social media. This
prompted him to reach out to her mother. In a Facebook
conversation on October 26, 2012, defendant told Mrs.
Martinez that Katherine had hurt him but that he still loved
her and did not know what to do.Then, two days later,
defendant messaged Mrs. Martinez asking for Katherine's
phone number, explaining that "despite the insults, the
lies, everything, I still love her and cannot forget
her." On November 4, 2012, Mrs. Martinez relayed to
defendant Katherine's message that she did not want to
hurt him but it was best for him to forget about her. Months
later, on April 7, 2013, defendant messaged Mrs. Martinez
asking her to tell Katherine that he loved her, that she was
the love of his life, and that he would wait his whole life
for her. Over the next several months, ...