Los Angeles — Defense attorney Daniel Nardoni argued in closing arguments on Wednesday that actor Ashton Kutcher's testimony in the trial of accused serial killer Michael Gargiulo points to a different suspect.
Nardoni presented evidence suggesting that two other men may have been responsible for the stabbing deaths Gargiulo is charged with.
Nardoni emphasized the significance of Kutcher's testimony regarding the murder of Ashley Ellerin, who was killed in her Hollywood home in 2001.
He described Kutcher as a “celebrity star” and the “star witness” in the case.
During the early days of the trial in May, Kutcher testified that he had last spoken to Ellerin at 8:24 p.m., informing her that he was running late.
Ellerin had mentioned that she had just finished showering.
Nardoni highlighted the fact that Ellerin's apartment manager, who was having a s**ual relationship with her, was present when Kutcher called.
Nardoni suggested that this call may have angered the manager and led to violence.
A neighbor passing by Ellerin's house around 8:30 p.m. heard two screams, which Nardoni claimed coincided with the time of Kutcher's call.
According to Nardoni, this is likely when Ellerin was killed.
Kutcher arrived at Ellerin's apartment later that evening but received no response when he knocked on the door.
He peered inside and noticed what appeared to be wine stains before leaving, assuming she had already gone out without him.
Nardoni made it clear that his goal was not to prove someone else killed Ellerin but rather to establish reasonable doubt regarding Gargiulo's guilt by presenting another potential suspect.
Nardoni employed a similar strategy when discussing the other murder Gargiulo is charged with – the killing of Maria Bruno in 2005.
He suggested that Bruno's estranged husband, the last person to see her alive, may be responsible for her death.
Nardoni showed jurors a graphic crime-scene photo of Bruno, who, like Ellerin, had been stabbed multiple times.
Bruno's bre-sts were mutilated and her bre-st implants removed, indicating a deep-seated hatred according to Nardoni.
Nardoni highlighted the absence of physical evidence, such as DNA, fingerprints, or hair samples, linking Gargiulo to the scene in Ellerin's case.
In Bruno's case, only a shoe-covering bootie with Gargiulo's and the victim's DNA was found outside her apartment complex, where both she and Gargiulo resided.
Gargiulo had proximity to or knowledge of all the victims involved in the attacks, including the 1993 killing of Tricia Pacaccio, for which he awaits a separate trial.
The attempted murder case involving Michelle Murphy in 2008 provides stronger physical evidence.
Murphy fought back against her attacker, causing him to cut himself and leave a trail of blood that matched Gargiulo's DNA.
Nardoni conceded this count and instructed the jury not to let it influence their decision on the two killings.
Deputy District Attorney Garrett Dameron commended Murphy's courage in allowing investigators to connect Gargiulo to the murders of Pacaccio, Ellerin, and Bruno during the prosecution's closing arguments.
Defense attorney Dale Rubin referenced the testimony of a defense psychologist who diagnosed Gargiulo with dissociative personality disorder, previously known as multiple personality disorder.
Rubin suggested that Gargiulo may have been in a “fugue state” and unaware of his surroundings during the attack on Murphy.
Gargiulo was arrested weeks after the Murphy attack, leading to charges for the two California killings and Pacaccio's murder in his hometown of Glenview, Illinois, when he was 17.
The case remained unsolved until 2011, when two witnesses came forward after watching a report on the “48 Hours Mystery” program.
Gargiulo was subsequently indicted but has not yet stood trial for Pacaccio's death.
The Pacaccio family, who had never met the two witnesses, must wait for the conclusion of the L.A. trial before Gargiulo can be brought to trial for their daughter's murder.
Deliberations are expected to begin on Thursday, following the prosecution's rebuttal to the defense's closing argument.
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