Judge says Lovelace's second wife can testify - WGEM.com: Quincy News, Weather, Sports, and Radio

Judge says Lovelace's second wife can testify

Posted:
Lovelace's defense team arriving at the Cass County Courthouse on Tuesday. Lovelace's defense team arriving at the Cass County Courthouse on Tuesday.
Cass County Courthouse in Virginia, Illinois. Cass County Courthouse in Virginia, Illinois.
VIRGINIA, Ill. (WGEM) -

A judge in the Curtis Lovelace murder case ruled Tuesday the defendant's second wife, Erika Gomez, will be allowed to testify in the upcoming second murder trial.

Lovelace is accused of murdering his first wife Cory in February 2006.

During a pre-trial motion hearing in Cass County, Judge Bob Hardwick ruled that Gomez can take the stand, but the judge barred any evidence that is meant to show that Lovelace poisoned Gomez. Hardwick said there's no proof of the poisoning, and it doesn't need to be in this case.

Allegations that Curtis abused Erika will be allowed as evidence, including claims that Lovelace called Gomez by Cory's name while he was abusing her. 

Hardwick did not rule on whether Lovelace's computer can be used in the trial. The defense claims Gomez illegally gave it to police. Hardwick said he couldn't determine the true owner during the discussion, but he plans to look over the documents and make a ruling in a few days.

In all, Hardwick approved four of the five motions by the state in regards to Erika Gomez's involvement in the case.

It was also revealed Tuesday that one of Lovelace's attorneys during the first trial, Jeff Paige, will also testify in the upcoming trial.

Hardwick denied several motions to bar testimony from numerous witnesses. He is allowing Quincy Police Detective Adam Gibson's phone records in the trial.

After the hearing Tuesday, defense attorney Jon Loevy said he still felt confident in his case.

"The state has the burden of putting on evidence to support their theory that he had something to do with her death," Loevy said. "The state doesn't have any evidence because there is no evidence."

"So they're going to try and change the conversation and make allegations about Curt from relationships with other people. If anything, that just shows how thing the case is," Loevy added.

He didn't expect another delay in the trial.

Lovelace and his family attended the hearing and afterwards went to a nearby bar and grill.

Lovelace's bond conditions allow him to be at home, church and court. Judge Hardwick said he wasn't sure if going into the bar and grill was a violation, but he would be looking into it.

Powered by Frankly