Judge rules for prosecution on Lovette case evidence
DURHAM (WTVD) -- Superior Court Judge Jim Hardin ruled Wednesday that prosecutors can use evidence about a stolen car, the robbery and shooting of a man, and information from the Eve Carson murder as they build their case against Laurence Lovette in the murder of Duke University graduate student Abhijit Mahato.
Lovette - who is one of two men convicted of the 2008 killing of Carson - a UNC student body president. He is now on trial in the January 2008 murder of Mahato.
Lovette's defense had tried to exclude evidence from the state's key witness, Shanita Love, who has repeatedly said Lovette admitted he killed Mahato. Love is the only person so far linking Lovette to the murder scene.
The defense told Judge Hardin that Shanita Love is not credible, but prosecutors said she is, and that her testimony establishes opportunity, intent, and planning of the crime.
Prosecutors also argued that the Carson and Mahato cases are similar: two college students killed on weekdays, who were shot in the head, and their ATM cards used to steal money.
In addition to information from the Carson case, prosecutors asked Hardin to allow evidence about a stolen Mercedes car allegedly used in the crimes, and the armed robbery of a Hispanic man at the Colonial Apartments which they said is related. He agreed.
Love was also a key player in the Carson case. She's the former girlfriend of Lovette's co-defendant, Demario Atwater, in that murder.
On the witness stand Wednesday after Judge Hardin's ruling, Love testified Mahato was taken to an ATM by Lovette and $520 was taken from his bank account.
She then told the jury what happened next.
"He took the man back to the apartment and he shot him. He put a pillow up to the gun and he shot," said Love.
Love told the jury Lovette split the ATM money with Phillip Maybrey - Atwater's brother. Earlier this week, Maybrey changed his story and denied he was with Lovette.
Love also told the jury about Lovette's role in the Carson case. Their faces were fixed on her as she retold Lovette's account of Carson's pleas for he and Atwater to spare her life.
But the defense maintains Love's story changed under police pressure and the promise she wouldn't be charged for helping to get rid of the weapon in the Carson case.
The state says it could possibly rest its case on Friday. There's no word yet on whether the defense will even present a case.
