More Shake-Ups in Kissel Murder Case

Norwalk Advocate--Two days after prosecutors speculated about a plea deal for one of the co-defendants charged in the slaying of Greenwich real estate mogul Andrew Kissel, the trial for Leonard Trujillo appears to be back on track as prosecutors and the defense sparred over last-minute motions Friday.

During an afternoon hearing, Trujillo's defense attorney, Mark Sherman, asked a judge to push the trial back until September, arguing that he needed time to get out-of-state witnesses and because the state needed to provide its theory on Trujillo's liability.

Jury selection for the trial is scheduled for June 16.

"He's charged with the most serious crime in the books," Sherman said, noting the importance of giving him the time necessary to prepare.

However, Assistant State's Attorney Paul Ferencek, the prosecutor on the case, said he has made it clear since Trujillo's March 2008 arrest that the state believes Trujillo was an accessory to the killing, and the trial should stand as is.

"Counsel knows our theory in the case," said Ferencek, noting that he and Sherman had discussed it at length. "There are no surprises here."

Judge Referee Martin Nigro denied the motion to continue the trial, saying the defense and the outcome would likely be the same with or without Trujillo being charged as an accessory.

"He's guilty or not guilty," Nigro said. The charge of murder encompasses those who are an accessory to a murder, as well as those who actually committed the act, according to state statutes. Trujillo is charged with capital felony, murder and conspiracy to commit murder.

Capital felony means a murder was committed for financial gain. If convicted of murder and capital felony, Trujillo would face life in prison without release regardless of whether he was the one who stabbed Kissel or a person who helped facilitate the crime.

Prosecutors have alleged that Trujillo, 22, of Worcester, Mass., and his cousin Carlos Trujillo, 48, of Bridgeport, made a plan to kill Kissel, who was found dead in his backcountry mansion in April 2006, days before he was to plead guilty to federal fraud charges.

The prosecutor also asked Nigro to require Sherman to turn over a written summary detailing the expected testimony of Dr. Michael Baden. Baden, a nationally recognized expert and medical examiner, was hired by the defense to examine crime scene photographs to determine the manner and time of death of Kissel.

Nigro ruled that Sherman would have to turn over any written statements he had about Baden's conclusion or write a short brief detailing what Ferencek should anticipate Baden to say at trial.

Sherman and Ferencek declined to comment for this article because of a gag order recently placed on the case.

-- Staff Writer Monica Potts contributed to this report. Staff Writer Debra Friedman can be reached at debra.friedman@scni.com or 625-4439.