A federal appeals court says a 911 recording can be excluded in the trial of a Jemez Pueblo man charged with sexual assault resulting in death.
The 10th U.S. Circuit Court of Appeals in Albuquerque upheld a district court's decision in a ruling issued Wednesday.
The district court prohibited a 911 call made by victim Lynette Becenti during the assault because prosecutors had added it to an evidence list three months past deadline.
The court had argued it would be too disruptive to delay Gavin Yepa's trial so his defense could prepare for possibly incriminating evidence.
Prosecutors say Yepa met Becenti in San Ysidro on Dec. 29, 2011. He allegedly was sexually assaulting her at his home when she became unresponsive.
An autopsy found she died from excessive internal hemorrhaging.
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