Prosecution unswayed by lack of DNA in 1997 Yonkers killing

Rafael Ramos walked into Westchester County Court Thursday thinking the murder case against him in the 1997 killing of his estranged wife might be dismissed.

Instead, the ex-Sing Sing correction officer learned prosecutors had obtained a new indictment. They are going forward with the case despite the latest round of DNA testing that failed to show Ramos had physical contact with the victim the day she was strangled to death.

Ramos is accused of strangling and beating Nusinaida Ramos in her Colin Street home in Yonkers on March 9, 1997, the day he and his girlfriend had picked up the couple's two young children for a visitation.

Rafael Ramos, charged with second-degree murder in March 9, 1997, killing of his estranged wife Nusinaida Ramos in her Yonkers apartment
Rafael Ramos, charged with second-degree murder in March 9, 1997, killing of his estranged wife Nusinaida Ramos in her Yonkers apartment

Her body was discovered the next day after relatives had not heard from her and contacted police.

Ramos was interviewed by detectives later on March 10 and acknowledged being in the apartment for a brief time to use the bathroom the day before while his girlfriend and the kids were in the car but he denied any involvement in his wife's death.

Prosecutors obtained an indictment in June after it was known that touch DNA found on the shirt Nusinaida was wearing came from a male. But DNA testing later ruled out Ramos as the source of that DNA. More recent testing of a watch found under the body detected no DNA.

The new indictment followed Westchester Judge George Fufidio expressing skepticism this fall about the original presentation to the grand jury after the defense raised concerns that it was replete with hearsay evidence. He suggested he might dismiss that indictment.

Nusinaida Ramos, 34-year-old mother of two killed in her Colin Street apartment in Yonkers on March 9, 1997
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Nusinaida Ramos, 34-year-old mother of two killed in her Colin Street apartment in Yonkers on March 9, 1997 -

The prosecution's case against Ramos mostly relies on the testimony of his girlfriend at the time and the defense will try to portray her as a woman scorned after he broke up with her a few years after the killing.

The defense was notified of the new grand jury in case Ramos wanted to testify. But they were hopeful there would be no indictment because of the lack of physical evidence.

The new indictment again charges second-degree murder. Fufidio entered a not guilty plea for Ramos, who remains free on bail.

Ramos and his lawyer Lynda Visco were clearly frustrated by the latest development as they spoke outside the courtroom following the arraignment but they declined to speak with a reporter.

This article originally appeared on Rockland/Westchester Journal News: Ramos indicted again in wife's killing despite lack of DNA evidence