Another motion to exclude evidence is filed in Hartington murder case

— Trisha Benton Cedar County News

HARTINGTON - Prosecutors trying a Louisiana man for second-degree murder filed a motion to exclude evidence regarding the alleged victim’s mental health.

The Nebraska Attorney General’s Office filed the motion last week in the case against David Phillips, Jr., 21. He’s accused of second-degree murder in the death of 31-year-old Israel Matos-Colon, Fowlerville, Mich., at a Hartington cellphone tower worksite March 1, 2023.

The latest motion will be considered along with other pre-trial motions at a hearing Thursday.

Prosecutors will also make the case for Judge Bryan Meismer to reconsider a previous ruling in the defense’s favor which excluded certain character evidence including evidence about why an argument broke out between Phillips and Matos-Colon. The attorney general’s office asked if the ruling is not overturned that the judge clarify exactly which evidence would be excluded.

Prosecutors argued what Phillips and Matos-Colon were arguing about is relevant to proving second-degree murder by provocation by a sudden quarrel.

The case is set for trial next month and a panel of 100 jurors has been ordered to appear for jury selection.

A panel of 100 is “pretty normal” for a second-degree murder case, said Todd Lancaster of the Nebraska Commission on Public Advocacy and Phillips’ lawyer.

A jury of 12 must ultimately be seated and both the defense and prosecution get 12 strikes each. With the appointing of two alternatives and those allowed strikes, a minimum of 42 is required which makes a pool of 100 a good number to start with, Lancaster said