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Caro Judge Won’t Instruct Jury on Intoxication Issue

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From a Times Staff Writer

A judge on Wednesday denied a defense request to advise jurors in the Socorro Caro murder trial about points of law related to “involuntary intoxication.”

Superior Court Judge Donald D. Coleman approved requests for some 50 jury instructions from attorneys on both sides, but rejected one implying that the Santa Rosa Valley woman had been drugged before the shooting deaths of her three young sons.

Charged with three counts of first-degree murder, Caro has pleaded not guilty and not guilty by reason of insanity. Her attorneys claim that she was framed by her husband.

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In rejecting the defense bid, Coleman said that no evidence in Caro’s two-month trial reflected any attempt to drug her.

According to testimony, she and her husband, Dr. Xavier Caro, each made a pitcher of margaritas several hours before the killings on Nov. 22, 1999. On the witness stand, she said she had two or three drinks.

“They’re still margaritas,” said prosecutor Jim Ellison.

“We hope so,” replied Assistant Public Defender Jean Farley, Caro’s lead attorney.

Jurors are to hear closing arguments today and Friday.

If Caro is convicted, she faces two more hearings. First, the jury would determine whether she was sane when the crimes were committed. If so, it would decide whether to recommend the death penalty.

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