New expert witness wants to testify in trial of Nogales rancher charged with murder
A new expert defense witness has emerged just weeks before the scheduled start of the murder trial of a Nogales-area rancher accused of shooting and killing a Mexican citizen.
On Friday, defense and prosecuting attorneys questioned independent investigator Ronald Martinelli in front of a judge to assess the reliability and relevance of his testimony.
The hearing will continue Wednesday.
Prosecutors said they received a notice Jan. 30 that Martinelli would be testifying in rancher George Allen Kelly's trial.
Martinelli, a forensic criminologist and law enforcement practices expert, said his testimony during the trial would help shed light on problems he found with the investigation.
“I can compare and contrast, what the proper procedures are in comparison with what the procedures were done in this case,” Martinelli said.
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After viewing what he said was a “voluminous” amount of evidence, some of which included police reports, crime scene photos, 911 recordings, and ballistic examinations, Martinelli said he found issues with how the crime scene and body were handled, and how the investigation was documented, among other concerns.
“I'm still trying to figure out where the probable cause was to arrest Mr. Kelly,” Martinelli said.
Martinelli also noted no bullet was found.
"No one can testify what kind of firearm was used to shoot and kill the victim," Martinelli said.
The defense questioned Martinelli for two-and-a-half hours about his background and what knowledge he would bring to the trial. Prosecutors from the Santa Cruz County Attorney’s Office began to question Martinelli’s education and the reporting of his findings.
Prosecutors discovered that the university where Martinelli received a PhD in criminology, Columbia Pacific University in San Rafael, California, is no longer accredited.
Prosecutors also wondered how Martinelli kept track of the evidence he was examining, because most of his conversations with the defense team and other experts he consulted with were communicated orally and not written down.
“I have notes as to my interview with Mr. and Mrs. Kelly and no other notes,” he said, adding that he also summarized reports and witness statements.
Kelly is facing one count each of second-degree murder and aggravated assault. Kelly is accused of killing Gabriel Cuen Buitimea on Jan. 30, 2023, when Buitimea was walking through Kelly’s nearly 170-acre Kino Springs property.
The trial is set to start on March 26 and is expected to run until April 19.
Reach the reporter at sarah.lapidus@gannett.com. The Republic’s coverage of southern Arizona is funded, in part, with a grant from Report for America. Support Arizona news coverage with a tax-deductible donation at supportjournalism.azcentral.com.
This article originally appeared on Arizona Republic: George Allen Kelly murder trial: New expert witness grilled in court
