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ENLARGE
Kim Lamb•LVN photo District Judge David A. Huff talks about a motion during the Valencia murder trial which got underway on Monday.
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ENLARGE
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Jurors will begin hearing evidence today in a murder case filed against Jose "Joey" Valencia Jr., who is accused in the beating death of a 2-year-old Fallon girl in 2005.
Eight men and four women were selected for the week-long trial. They include four subcontractor employees at NAS Fallon, a customer service representative, a mechanic, a truck driver, a child care worker and a chemical engineer.
The process to select 12 jurors began Monday afternoon. The morning was spent hearing motions filed by Valencia's defense attorney, Paul Yohey.
Nikaliah Knoch died Aug. 16, 2005, two days after she was airlifted to a Reno hospital with severe head injuries.
Eight men and four women were selected for the week-long trial. They include four subcontractor employees at NAS Fallon, a customer service representative, a mechanic, a truck driver, a child care worker and a chemical engineer.
The process to select 12 jurors began Monday afternoon. The morning was spent hearing motions filed by Valencia's defense attorney, Paul Yohey.
Nikaliah Knoch died Aug. 16, 2005, two days after she was airlifted to a Reno hospital with severe head injuries.
Valencia, who lived with the toddler's mother on East Virginia Street, is accused of kicking and hitting Nikaliah, causing bleeding in her brain. He has denied the charges.
Yohey showed videotaped interviews by Kathy Milbeck, a Reno marriage and family counselor, conducted with Nikaliah's sister, Hannah, 4, and brother, Adrian, 5, two weeks after Nikaliah was taken off life support.
He questioned Milbeck's interview techniques, calling them leading and intimidating.
Milbeck, who said she has interviewed thousands of children in her 27 years as a counselor, stood by her methods.
On the tape, Hannah says "Joey" hit Nikaliah on the toe and hand with a hanger, and hit her sister in the head. She said she was scared of Joey and that "Joey's mean."
Yohey showed videotaped interviews by Kathy Milbeck, a Reno marriage and family counselor, conducted with Nikaliah's sister, Hannah, 4, and brother, Adrian, 5, two weeks after Nikaliah was taken off life support.
He questioned Milbeck's interview techniques, calling them leading and intimidating.
Milbeck, who said she has interviewed thousands of children in her 27 years as a counselor, stood by her methods.
On the tape, Hannah says "Joey" hit Nikaliah on the toe and hand with a hanger, and hit her sister in the head. She said she was scared of Joey and that "Joey's mean."
"I believe the statements Hanna made in that tape are, for the most part, spontaneous," Milbeck said. "I don't believe I corrupted her testimony."
In the interview with the brother, Adrian was mostly unresponsive to Milbeck's questions. He did say he saw "Joey" hurt his sister.
"He seemed to shut down or appear somewhat withdrawn as soon as I talked to him about his mom," Milbeck said about her interview with Adrian.
Yohey also put the two siblings on the witness stand.
When the boy was called to testify, he said he didn't remember what Valencia did to his sister but said "Joey killed Nikaliah."
In the interview with the brother, Adrian was mostly unresponsive to Milbeck's questions. He did say he saw "Joey" hurt his sister.
"He seemed to shut down or appear somewhat withdrawn as soon as I talked to him about his mom," Milbeck said about her interview with Adrian.
Yohey also put the two siblings on the witness stand.
When the boy was called to testify, he said he didn't remember what Valencia did to his sister but said "Joey killed Nikaliah."
Hanna said her sister is in heaven and that Valencia "got really mad and hit" Nikaliah because she soiled her diaper and a bed.
Yohey will attempt to convince District Judge David Huff that the children's testimony can't be considered reliable because of various conversations they had with adults who may have suggested what happened.
Huff will rule this morning on Yohey's arguments outside the presence of the jury. The defense and Deputy District Attorney Lane Mills will each call expert witnesses to testify about acceptable methods to interview child witnesses.
Huff ruled in Yohey's favor on a second motion. The judge severed two drug charges and two stolen property charges from the murder trial. Those cases will be tried separately at a later time, and the jury will not hear any evidence about those allegations.
"Regarding the drug and stolen property charges ... I don't see that's related to the primary offense of murder," the judge said.
Yohey will attempt to convince District Judge David Huff that the children's testimony can't be considered reliable because of various conversations they had with adults who may have suggested what happened.
Huff will rule this morning on Yohey's arguments outside the presence of the jury. The defense and Deputy District Attorney Lane Mills will each call expert witnesses to testify about acceptable methods to interview child witnesses.
Huff ruled in Yohey's favor on a second motion. The judge severed two drug charges and two stolen property charges from the murder trial. Those cases will be tried separately at a later time, and the jury will not hear any evidence about those allegations.
"Regarding the drug and stolen property charges ... I don't see that's related to the primary offense of murder," the judge said.
When Valencia was arrested the day after Nikaliah was hurt, he was in Reno with a bus ticket in the name of Joey Gomez. He was also allegedly under the influence of methamphetamine and marijuana.
When police searched the Virginia Street home, they reportedly found stolen firearms and jewelry.
"The fact that he's using drugs, how does that relate to this murder charge?" Yohey asked. "There is no way they relate and I would prefer not to have the jury know he's possibly a thief."
Valencia, 29, is charged with first degree murder by means of child abuse and child abuse causing substantial bodily harm from an alleged incident two months before Nikaliah's death when she suffered a broken arm.
The trial is expected to last all week.
When police searched the Virginia Street home, they reportedly found stolen firearms and jewelry.
"The fact that he's using drugs, how does that relate to this murder charge?" Yohey asked. "There is no way they relate and I would prefer not to have the jury know he's possibly a thief."
Valencia, 29, is charged with first degree murder by means of child abuse and child abuse causing substantial bodily harm from an alleged incident two months before Nikaliah's death when she suffered a broken arm.
The trial is expected to last all week.
