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Pietri v. State8/26/2004
r television. The family was extremely poor, and each child only had one outfit that he or she would wear every day and have washed on the weekends. Marino corroborated William's testimony regarding the adverse impact of their father. Marino stated that their father was an alcoholic who would drink every day after work. Their father constantly beat their mother in the presence of the children, and would physically abuse everyone in the house; he was mean to the children when he was drunk. After their father left, he never returned or sent money to care for the family.
Marino detailed how the family moved to the United States in 1969. He explained that Freddy Torres (who the defendant claimed sexually abused him) lived with the family and paid special attention to Pietri by giving him candy and toys. Torres did not do the same things for anyone else in the family. Marino explained that Pietri had a cross-eye condition in his right eye and had surgery in an attempt to correct the problem. However, the surgery caused the defendant to become blind in his right eye. Marino stated that the defendant always attended school, and he worked for Marino as a landscaper when he was sixteen or seventeen. According to Marino, Pietri was a good worker and was nice; he was a "perfect boy." From 1979 until 1983, Pietri was described as doing fine and as a nice man while he lived with his girlfriend and their daughter. However, Pietri then started using drugs. Marino noted that the defendant would go to jail, get out, and immediately revert to using drugs again.
Trial counsel also presented the defendant's sisters, Ramona Rivera and Ada Serrano Liddell, as witnesses. Rivera stated that Pietri was a loving brother. Liddell testified that Pietri was a very fun person when they were growing up. He was "one of the nicest brothers had." Pietri would do things for her and her friends, such as take them roller skating. Liddell remembered when Pietri began using cocaine. She testified that he became so addicted that he used it all day, all night, every day. She explained that the defendant was very paranoid and scared when he was using cocaine and that he changed substantially after he started abusing cocaine. On one occasion she described, Pietri threatened to kill himself with a shotgun.
The final lay witness presented at trial by the defense was Roger Paul, a minister who met with Pietri while he was incarcerated. Paul explained that Pietri had contacted him after the murder, just before the trial began. He stated that Pietri was a happy guy, really friendly and joyful. He testified that Pietri had been saved by Jesus Christ.
The first of two expert witnesses presented was Jody Iodice, a social worker and former drug addict who now works extensively with drug addicts. She explained in her testimony that there are certain people who are more prone to becoming addicted to drugs, including those who come from families with an addict, people who are missing a parent or are not nurtured, and people who experience domestic violence. She explained that freebase cocaine is a highly addictive drug that reaches the brain faster than any other form of cocaine. The effects of freebasing are more intense, and freebasing causes extreme anxiety, exhilaration, restlessness, excitement, and hyperarousal (an extreme level of awareness). The "crash" following the use of the drug causes extreme irritability, hostility, argumentativeness, erratic behavior, unpredictablility, and uncontrollable kinds of behavior. Also attributable to this condition is poor attention span, distractability, extreme depression, and paranoia. These symptoms can last for any length of time from an hour to much longer. She also explained
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