Conn. man facing homicide trial

DANBURY, Conn.—A New Milford man facing homicide charges in the 2009 beating death of an Ecuadorean immigrant is asking a judge to prevent the jury from hearing the dying man's last words.

Joseph DaSilva Jr.'s attorney says Luis Encalada was too injured and drunk for his final words -- "DaSilva hit me" -- to be introduced as a credible dying declaration.

That legal standard allows the words of someone near death to be exempt from the ban on hearsay testimony.

The News-Times of Danbury reports ( http://bit.ly/zlOwXu) DaSilva's trial is expected to start Wednesday. Police say DaSilva beat and kicked Encalada down the stairs after finding him trespassing at a Danbury apartment building that DaSilva owns.

DaSilva's lawyer, Eugene Riccio (RICH'-ee-oh), says DaSilva plans to maintain his innocence throughout the prosecution.

© Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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ALL RIGHTS GO TO SKY NEWS OR SOMTHING SOMTHIConrad Murray sentenced to 4 year Sky News Live Plus streaming live michael jackson jailed michael jackson On June 25, 2009, Jackson died while in his bed at his rented mansion at 100 North Carolwood Drive in the Holmby Hills district of Los Angeles.

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