Experts: Joggers, inmate likely focus of appeals

An appeal of the conviction of Ingmar Guandique in the killing of Chandra Levy would focus on any errors the judge might have made. Guandique, 29, was found guilty Monday on two charges of first-degree murder in connection to kidnapping and attempted robbery. Guandique will have up to 30 days to file an appeal after his sentencing, set for Feb. 11.

Guandique’s public defense attorneys declined to say whether Guandique will appeal, but experts said there are major issues an appeals court could consider.

Veteran defense attorney Stephen Mercer said an appeal likely would focus on the testimonies of a former cellmate of Guandique’s and of two women Guandique assaulted.

Since jailhouse snitches are “historically such unreliable evidence,” Mercer said, that could weigh heavily in an appeal.

Experts said the most damaging ruling to the defense was allowing the prosecution to introduce prior convictions and allow the two victims to describe how Guandique attacked them while jogging in Rock Creek Park.

“Generally, courts are very reluctant to allow that type of evidence in,” he said, adding that the “character evidence” leads jurors to believe someone is guilty based on past convictions. [That] really had to sink his ship.”

Said defense attorney Joanne Slaight: “It’s really speculating to say those two incidents were similar to what happened to Levy because nobody really knows what happened.”

If the D.C. Court of Appeals reverses the decision, Guandique would face another trial by jury.

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