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Judge rules in favor of sexual assault argument during trial of man accused of killing boy

LOUISVILLE, Ky. (AP) - Prosecutors can tell jurors during
closing arguments that a convicted sex offender sexually assaulted
a 4-year-old boy before killing him in July 2007.
The Courier-Journal reported that Jefferson Circuit Judge Judith
McDonald-Burkman on Friday ruled the argument admissible in the
trial of Cecil Eugene New, which is set for October.
New is charged with murder in the death of Cesar Ivan
Aguilar-Cano, who disappeared from his home near Churchill Downs
before being found in a garbage truck on July 7, 2007.
Prosecutors have no physical evidence of sexual assault. But
McDonald-Burkman said prosecutors can use evidence that the boy's
blood-alcohol level was nearly three times the legal limit when his
body was found and that the child was naked below the waist.
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Information from: The Courier-Journal,
http://www.courier-journal.com

(Copyright 2010 by The Associated Press. All Rights Reserved.)


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