By Robert Gavin
TROY — Johnny Oquendo’s murder trial took a bizarre turn Thursday when his defense attorney accused a key prosecution witness of having a sexual encounter with a dog and logging onto numerous bestiality websites.
Whitman, the ex-girlfriend of the defendant, later invoked her Fifth Amendment right against self-incrimination several times because she could potentially be charged with sexual misconduct, a misdemeanor sexual offense, for alleged sex with animals. The judge appointed a lawyer, Matthew Foley, to represent her, and he advised her as she took the Fifth.
Roberts mentioned the names of numerous websites Whitman had logged onto that implied she had an interest in sexual relations between humans and horses, gorillas and chimpanzees. He contends that her browser history indicated she viewed hundreds of the sites.
Oquendo, 40, is accused of strangling his 21-year-old stepdaughter, Noel Alkaramla, on Nov. 22, 2015, in his third-floor apartment at 170 Third Street in Troy.
Prosecutors allege Oquendo used a plastic supermarket shopping bag to strangle Alkaramla, then stuffed her body in a suitcase, dragged the luggage to the Hudson River and tossed it in the water. The suitcase was recovered Dec. 30, 2015, near Albany.
Whitman is expected to testify that the black-and-gray Ricardo Beverly Hills suitcase is the same piece of luggage Oquendo had owned when they were dating.
Assistant District Attorney Andrew Botts asked Whitman some brief questions about her past text-messaging with Alkaramla. The prosecutor ended his questioning of Whitman after just a few minutes with plans to recall her next week when he will have laid more of a legal foundation.
On cross-examination, Roberts initially suggested Oquendo and Whitman had broken up in 2015 after she had found compromising photos of him with Alkaramla. Whitman said it was untrue.
Roberts then moved on to Whitman’s alleged activity with animals. The defense attorney asked her if it was true that she turned over her cellphone to Troy police, and with it the alleged sexual encounter with the dog.
“Incorrect,” Whitman responded.
Roberts asked Whitman if she would agree with him that there was a video of her and a dog.
“Correct — but that was after my relationship with Johnny Oquendo,” Whitman answered.
“Ohh,” Roberts responded sarcastically. “So you were having sex with a dog after your relationship with Mr. Oquendo?”
“I did not have sex with the dog,” she replied.
Roberts asked Whitman if she created two videos with dogs and her without her clothes.
Whitman hedged. Roberts said, “Would viewing those videos refresh your recollection?”
“I would not like to view those videos,” Whitman answered.
“Would reviewing those videos,” Roberts replied, “refresh your recollection of what dog you were having sex with?”
“I did not have sex with a dog,” Whitman repeated.
At one point, while preparing to play the video, Roberts asked the judge, “With or without sound?”
The video had not been played — and Whitman had not yet testified about the suitcase — when she left the stand Thursday. It was unclear what the prosecution had gained from her initial appearance.
Among the other witnesses who testified Thursday was Ricardo Leal, a records custodian for Sprint wireless who spoke about the cell phone records of Alkaramla and Oquendo.
Courts are closed Friday for Veterans Day. The trial will continue Monday at 9 a.m. The prosecution is expected to wrap up its case Tuesday. The defense, which includes Assistant Public Defender Jessica Zwicklbauer, will present their case.
Source timesunion
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