Judge rejects family's plea

December 23, 2008 3:36:35 PM PST
A family's plea to have a murder suspect freed from jail was rejected by a New Jersey judge Tuesday. Peter Labrada's family says they are living a nightmare. The 23-year-old is accused of murdering a man, a crime he says he did not commit. .

Surrounded by family and close friends, Labrada hoped to spend Christmas without this dark cloud over his head. .

Defense attorneys explained to a judge why Labrada couldn't have killed 28-year-old Eduardo Campo at a Newark nightclub in May of 2007. .

First, the matter of the getaway car. Witnesses say the suspect took off in a silver Mercedes after the shooting. .

But Labrada was in a five car-crash days before the murder. He was seriously hurt and he totaled his silver Mercedes. .

Second is the alibi. His attorneys say Labrada was at a motel with a women at the time of the shooting. .

Third, the tattoo. Witnesses say the suspect had tattoos on his right arm. Labrada doesn't have any tattoos. .

But the judge explained the grand jury's indictment stands because it did its job. The judge said it will have to be up to a trial jury to convict or acquit. The judge set a hearing for the end of January to determine when a trial would begin. .

--- Web produced by: Jeff Greene

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