125688658_web1_treefest2

Bloomsburg Theatre Ensemble plans TreeFest as gift to the community

Memphis says it has 46 positive tests considered active

WILKES-BARRE &mdash; A toxicology report showing homicide victim Fred Boote had traces of methamphetamine and amphetamine in his system is excluded from the trial of Reynaldo Mercado, Luzerne County President Judge Michael T. Vough ruled.
				Assistant district attorneys Tony Ross, Drew McLaughlin and Garry Scott wanted the toxicology report ruled out from Mercado&rsquo;s trial arguing the low levels of methamphetamine and amphetamine found in Boote&rsquo;s system was irrelevant.
				Vough agreed.
				Mercado&rsquo;s attorney, Allyson Kacmarski, requested to introduce Boote&rsquo;s toxicology report alleging the illicit drugs may have contributed to his own death.
				Kacmarski&rsquo;s toxicology expert, Dr. Lawrence Guzzardi, testified during a recent motions hearing that the levels of methamphetamine and amphetamine in Boote&rsquo;s system may have caused him to be highly sexually aroused. Guzzardi testified he could not formulate a final opinion until he listened to other witnesses testify.
				But, Dr. Michael Coyer, a toxicology expert for prosecutors, testified at the motions hearing the levels were minimal and had no impact or contributed to Boote&rsquo;s death. Coyer said the low level of methamphetamine in Boote indicated he was not under the influence of the drug at the time he was killed.
				&ldquo;The defense expert testified that he was unable to determine how the methamphetamine in the victim&rsquo;s blood sample would have affected him on the date of the homicide. Testimony presented by the Commonwealth&rsquo;s expert indicated that the level of methamphetamine present in the victim&rsquo;s post-mortum blood was not a factor in the cause of his death,&rdquo; Vough ruled.
				Mercado, 33, is accused in fatally stabbing Boote during a planned robbery involving co-defendant Louisa Alexandra Reyes, 16, inside Boote&rsquo;s home in Wilkes-Barre on Sept. 14, 2018.
				Prosecutors during previous court proceedings said an autopsy revealed Boote was stabbed 52 times. His body was found in a bedroom of his Donald Court home.
				Mercado and Reyes were arrested in West New York, N.J., a day after Boote was killed.
				Ross, during the motions hearing, said Mercado and Reyes came up with a defense strategy while they were on the run to say Mercado killed Boote because Boote was sexually assaulting Reyes.
				Boote was known to Reyes and her mother, Carmen Cardy, who he permitted to live at his house until he evicted them.
				Vough further ruled Mercado is not entitled to present a self-defense claim as Mercado was the initial aggressor and had the choice to leave Boote&rsquo;s house.

Judge rules in favor of prosecutors, homicide victim’s toxicology report excluded from trial