Prosecutors asked to use testimony from a domestic violence victim given just days before she suffered a fatal beating.
Photos show the bruises Regina Redman-Lollobrigido says she suffered at the hands of her estranged husband last summer. On Sept 13, she went to court seeking a permanent protective order, testifying in detail about the alleged attacks.
"He came into the elevator and got me by my ears and slammed my head into the back wall of the elevator and just kept slamming and slamming and slamming," she told a judge.
Peter Lollobrigido is accused of killing her with a hammer less than a week later.
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Prosecutors want to use the 120-page transcript as evidence in an upcoming preliminary hearing for the murder case.
Defense attorney Rob Jenkins, who is not involved in the Lollobrigido case but has handled many high-profile defendants, says this type of evidence is usually admitted and is invaluable to prosecutors
“In my experience, it often turns out to be the most critical piece of evidence that a jury will have to evaluate the case,” he said.
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Pete Lollobrigido’s attorney asked the judge to deny the request or take a pass. He says his client’s constitutional rights are at stake, arguing because the protective order hearing was short, he never had a chance to fully cross examine Redman-Lollobrigido.
Jenkins said that’s why prior testimony from a victim who’s died is such a problem for defense attorneys. It gives victims a chance to essentially speak from the grave, and their statement cannot be challenged.
“In the normal context of a trial, someone makes a statement against your client’s interest and you’re able to probe that, you’re able to test it through the rigors of cross examination, but in this situation you’re denied that opportunity, in essence denied the ability to confront your accuser,” Jenkins said.
