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Stewart's attorney says he has an alibi

Updated: Wednesday, 02 Dec 2009, 5:57 PM EST
Published : Wednesday, 02 Dec 2009, 11:23 AM EST

INDIANAPOLIS (WISH) - The defense attorney in the second Hamilton Avenue murder trial says his client has alibis for the night of the murders.

James Stewart went on trial Wednesday as the alleged accomplice in the worst mass murder in Indianapolis history.

Prosecutors will try to prove Stewart helped Desmond Turner kill seven people three-and-a-half years ago.

The victims were members of an extended family who lived in a home in the 500 block of Hamilton Avenue, on the city’s east side.

Killed were Alberto Covarrubia; his partner, Emma Valdez; their two sons, Alberto Junior and David; Emma’s two grown children, Magno Albarran, and Flora Albarran; and Flora’s five-year-old son Luis.

Turner is spending the rest of his life in prison without the possibility of parole after a judge convicted him of the killings.

Now, a jury is trying to decide whether Stewart helped him.

In opening statements, prosecutors said they plan to call witnesses who will say Stewart told them he was involved in the crimes.

Stewart’s defense attorney, Richard Bucheri, responded with this: “Instead of hard physical evidence, what we’re going to rely on is testimony from informants, snitches.”

“We have not made any deals with anyone in regards to this case,” said Mario Massillamany, spokesperson for the Marion County Prosecutor’s Office. “There are no deals on the table that I’m aware of.”

Some of Stewart’s family members were in the gallery Wednesday.

His aunt, Katina Simpson, told 24-Hour News 8 he’s not capable of the crimes with which he’s charged.

“He’s a good person; he loves everybody,” Simpson said.

Stewart’s attorney wouldn’t talk specifics of the case outside the courtroom, but did talk about how Stewart is faring during the trial.
“James is doing very well,” Bucheri said. “He’s very pleased with the progress of the trial.”

Jurors will have to keep their attention focused for two weeks. That’s how long the trial is expected to last.

They can expect to hear Stewart’s defense attorney call two witnesses – an uncle and a girlfriend – who will say they were with Stewart elsewhere close to the time of the murders.

On Thursday, 24-Hour News 8’s Mary McDermott will provide continual updates from the trial on twitter located on the left side of this page.

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