Retired Austin police homicide investigator Jerry Raines testified Thursday that he suspected Lester Ray Guy might have raped and killed Hazel Ivy in 1978, but prosecutors and Guy’s defense lawyers sparred over whether the jury would be allowed to hear what made the investigator think that or if it is relevant.
Guy, who’s serving a 99-year sentence for burglary with intent to commit rape, is accused of raping and asphyxiating Ivy, who used a wheelchair, in her South Austin apartment in September 1978. The jury is not being told he is incarcerated. Outside the jury’s presence, Raines said he suspected Guy because of “previous similar offenses.”
Under questioning by defense lawyer Jon Evans, Raines said that there were no other smothering cases involving Guy but maintained that he had a history of “molestation of older white females.”
Evans called Raines’ suspicion a hunch and argued, “A hunch is not admissible.”
During a break, when asked why the state chose to pursue a case against a defendant already serving such a long sentence, prosecutor Jim Young noted that he could be eligible for parole after 20 years, which Guy has already served.
“We want to make sure he never gets out,” Young said.
Later in the day, the proceedings veered toward a possible mistrial after a semi-retired lawyer got on an elevator, recognized Evans and asked him whether his client had prior convictions, not knowing two jurors in the case were also in the elevator. Under questioning from District Judge David Crain, one juror said he did not hear the question; the other said he put his fingers in his ears so he wouldn’t hear any more of the exchange.
Crain denied Evans’ motion for a mistrial.
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