Jury in case of anti-gang activist's death can see video, hear 911 call, judge says

Jurors in the upcoming trial of a woman charged with running over and killing anti-gang activist Evelyn Rodriguez in 2018 will view video of the confrontation and hear portions of a 911 call from a witness, a judge ruled Wednesday.

Suffolk prosecutors and attorneys for AnnMarie Drago, 58, of Patchogue, who faces a top charge of criminally negligent homicide in Rodriguez' death, appeared Wednesday in District Court in Central Islip to decide on nearly a dozen pre-trial evidentiary issues.

Drago, who previously worked as a nurse, is accused of running over Rodriguez, 50, an anti-gang activist, in Brentwood on Sept. 14, 2018 after an argument  about the destruction of a memorial to Rodriguez's daughter, Kayla Cuevas, 16, and her friend, Nisa Mickens, 15. 

The teens were murdered in 2016 at the hands of MS-13 gang members, authorities said. Their deaths launched Rodriguez’s activism against the brutal street gang, bringing her to the White House to meet with President Donald Trump.

Drago, who has pleaded not guilty, is also charged with criminal mischief and petit larceny. She faces a maximum of 1 1/3 to 4 years in prison if convicted of the top count. 

State Supreme Court Justice Fernando Camacho agreed to allow audio and video of the confrontation, captured by News 12 Long Island, to be shown at trial. Once seated, the jury will also hear part of a 911 call by a News 12 reporter who was a witness.

Camacho said he will provide information to potential jurors about the murders of Cuevas and Mickens and the memorial in their honor. But Camacho said he will urge jurors to focus only on the facts of the case.

"I want assurances that they will not base their verdict on sympathy," said Camacho, who is also directing supporters of Rodriguez not to wear attire or memorabilia mentioning the victim.

Questions remain whether the jury will see autopsy photos of Rodriguez. 

Assistant District Attorney Marc Lindemann said the photos may be necessary if officials from the Medical Examiner's Office are called to testify. But Drago’s defense attorney, Stephen Kunken of Commack, said the "prejudicial effect will far outweigh the probative value."

Kunken has indicated he plans to present evidence at trial of Drago's yearslong treatment for post-traumatic stress and panic disorder, dating back to when she was assaulted by a psychiatric patient in 2008.

Both sides plan to call expert witness who will discuss the PTSD diagnosis while Kunken could also call the defendant's personal psychologist to testify. Kunken has said Drago was in a “psychologically fragile state” at the time of her encounter with Rodriguez and was “in fear for her safety.” 

But Lindemann contends Drago was trying to sell her mother's Brentwood home and was worried the memorial set up in front of Rodriguez's home — constructed ahead of a two-year anniversary remembrance ceremony — would scare off potential buyers.

Drago discarded several items from the memorial, including candles, a tablecloth, flower bouquets and vases, and popped several balloons, prosecutors said. 

She then allegedly placed several other items in the back of her 2016 Nissan Rogue, including the table, a photograph and large floral arrangement, before leaving, authorities said.

Drago returned to the home a half-hour later and became involved in a verbal dispute with Rodriguez and Kayla's father, Freddy Cuevas, over the memorial. The parents, demanding that the items from the memorial be returned, stood in front of Drago's car, blocking her from driving away, authorities said.

During the argument Cuevas warned Drago that if she moved the car she'd strike Rodriguez, prosecutors said. But Drago abruptly accelerated the vehicle, knocking Rodriguez down and striking her with the car's front left tire and rear left tire, police said. 

Kunken said he could introduce up to 10 calls to 911 made by neighbors, who were also upset about the memorial and the constant activity outside the home.

Camacho said the pre-screening of potential jurors, to weed out those who may have been influenced by the case’s publicity, would begin Feb. 11, with jury selection starting Feb. 24. The trial, which is expected to last two to three weeks, could begin late next month.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.