VIRGINIA BEACH, Va. (WAVY) — Surveillance video played in court showed the moment prosecutors say Joseph Merlino III fatally attacked his girlfriend outside of a home in Virginia Beach.
Prosecutors showed the jury surveillance video from Valentine’s Day 2017 captured by cameras outside Ellie Tran’s Virginia Beach home.
Her mother, Oanh Le testified they were installed after Tran broke up with Joseph Merlino.
The video shows Tran getting out of her car. She was immediately attacked.
Prosecutors say Merlino had a needle in his hand and injected Tran’s leg with cyanide.
Prosecutors told the jury that 15 minutes later Tran became unconscious. By midnight she was brain dead and she died the next day.
Through a translator, Le testified that her daughter said, “I don’t know what Merlino stringed in my leg. It hurts so bad. It’s numb.”
The jury heard Tran on the phone with 911 saying “somebody shot me.” The defense was quick to point that Tran didn’t finger Merlino in that call.
Le was emotional on the stand when watching the video. She says she was able to see Merlino running from the scene.
Merlino — who has claimed his innocence — was in the middle of a two-month hunger strike at jail when Tuesday’s proceedings started. The 30-year-old has claimed he was being held in solitary confinement and hasn’t been able study up on his defense.
“I’m not allowed any legal work inside my cell so I can’t even work on my case for two months now,” Merlino said.
Prosecutors told the jury there is lots of evidence that links Merlino to the crime. They found searches on his computer for things such as “how much cyanide does it take to kill someone?” and for syringes.
Defense attorneys argued Merlino wasn’t even in town at the time. They say he was about three and a half hours away in Victoria, Virginia, visiting his mom.
They also say he couldn’t have driven back to Virginia Beach, because his car was damaged when he hit a deer.
Prosecutors say it could not have been anyone else, and they are asking the jury to be Ellie Tran’s voice for justice.