Judge denies motion for mistrial in Gonzalez murder trial

Dee DeQuattro


Defense attorneys for Tony Gonzalez, a man accused of shooting and killing 23-year-old Carl Cunningham Jr. motioned for a mistrial on Friday morning and were denied by Superior Court Bennett Gallo.

The defense argued that new evidence, including text messages and other phone records, revealed information critical to their case.

They said the new records indicated that Delomba was involved in prostitution. Gonzalez's attorney Nicholas Gelfuso argued that this new evidence negated the prosecution's motive that Gonzalez showed up to Delomba's home in a jealous rage.

Prosecution alleges that Gonzalez, 26, showed up at his ex-girlfriend, Patricia Delomba's home in a jealous rage in Jan. 2012 to confront her new boyfriend, Matthew Chivers.

Instead, it is alleged, that Gonzalez shot and killed Cunningham by mistake. Delomba identified Gonzalez as the shooter but Chivers said he couldn't be sure, although he assumed it was Gonzalez based on text messages Delomba received.

The state wrapped up thier case on Friday.