Rios case draws toward a close

In his re-trial, Rios did not testify in his own defense.

By Roseann Moring

Published Dec. 5, 2008

Both prosecutors and defense attorneys rested yesterday in the trial of a former police officer accused of murdering an MU student in 2004.

Steven Rios was a Columbia police officer in April 2004, when he arrested 23-year-old Jesse Valencia. Rios, who was married, admitted the two had an affair but said he had nothing to do with the death.

Rios was convicted of first-degree murder and armed criminal action in June 2005 and sentenced to life in prison. But an appellate court overturned that conviction, saying the judge allowed hearsay evidence.

Special prosecutor Morley Swingle followed the witness list of the last trial fairly closely and rested his case around 2:30 p.m. Thursday.

DNA analyst Kim Gorman testified that Valencia had DNA of three people under his fingernails: himself, Rios and Ed McDevitt, with whom Valencia had sexual relations that night, she said. She also testified that Valencia had Rios' hairs on his body.

Defense attorney Leonard Gillis argued in his opening statements that Rios' DNA could have been on Valencia because of their sexual relationship.

Gillis, of Lake St. Louis, built his case around the fact that all the evidence against Rios is circumstantial, and Rios would not have had the time to commit the murder in the time the prosecution argued he did so.

He also argued that police did not adequately look into other people, including McDevitt and Zev Feintuch, a man Valencia called twice on the night of the murder.

Valencia's body was found around 2 p.m. on June 5, 2004. Then-medical examiner Valerie Rao testified that Valencia had extensive injuries and had died from a wound on his chest that probably came from a serrated knife.

Police have not found a murder weapon.

Michael Graham, a pathology professor at St. Louis University, testified that Valencia was probably not killed with a serrated knife. Graham was an expert witness for the defense.

Rios' wife Libby testified Thursday night that though she had previously told police that Rios got home on the night of the murder at 5:20 or 5:25 a.m., he actually got home around 5:15 a.m.

Detective Jason Jones testified he left the roof of the CPD garage around 4:55, only a few minutes after Rios did.

The prosecution said Rios drove from CPD on Sixth and Walnut streets to Valencia's apartment on Wilson Avenue, murdered Valencia and drove to his north Columbia home.

Detective Jeff Nichols testified that he did not find any traces of blood in Rios' apartment and car nor did he find traces of metal on the pants in Rios' locker.

Unlike his first trial, Rios did not testify in his own defense.

Both Swingle and Gillis called several police officers to the stand to go through the timeline.

Capt. Steve Monticelli testified that after a tipster told police Valencia had been having an affair with a married police officer, Rios called Monticelli and said he was considering suicide. He later escaped from Mid-Missouri Mental Health Center. Sgt. Tim Moriarty testified that police found Rios on top of Maryland Avenue Garage and talked him off.

Valencia's mother Linda sat in the front row through most of the trial and became visibly upset at several points during the proceedings.

— Kathleen Pointer, Abby Rogers, Lindsay Eanet and Lakeisha Williams contributed to this report.