Suffolk jury picked for trial of woman charged in Evelyn Rodriguez's death

A jury of seven women and five men will decide the fate of a Patchogue woman accused of running over and killing anti-gang activist Evelyn Rodriguez after a heated confrontation about a Brentwood memorial for the victim's slain daughter.

The 12-person panel, along with four alternates, was seated Monday in Central Islip following the lone day of jury selection in the trial of AnnMarie Drago, 58. Jurors include residents of Brentwood, Huntington, Farmingville, West Islip, Lindenhurst, Northport, Bay Shore, Medford and Shirley.

The jury was selected from a group of 28 prospective panelists, who were questioned by Suffolk Assistant District Attorney Marc Lindemann and defense attorney Stephen Kunken about their experiences and opinions related to motor vehicle safety, roadside memorials, home sales and post-traumatic stress disorder. Another 58 prospective jurors were not questioned.

"We are pleased with the makeup of the jury and satisfied that they will be open and will listen to the evidence," Kunken said. "Our client is hopeful, and we are confident, that the people are not going to be able to prove that she possessed the required criminal mental state to commit a homicide."

Suffolk District Attorney Tim Sini's office did not respond to a request for comment.

The trial is expected to begin Thursday.

Drago is charged with criminal negligent homicide in the Sept. 14, 2018, death of Rodriguez, following an argument over the destruction of a memorial marking two years since the killings of the victim's daughter, Kayla Cuevas, 16, and her friend, Nisa Mickens, 15. Drago also faces charges of criminal mischief and petit larceny in the alleged destruction of the memorial. She pleaded not guilty and faces 1⅓ to 4 years in prison, if convicted of the top count.

Cuevas and Mickens were beaten to death in 2016 at the hands of MS-13 gang members, authorities said. Their slayings launched Rodriguez’s activism against the notorious street gang, bringing her to the White House to meet with President Donald Trump.

Rodriguez had set up a sidewalk memorial in front of Drago's mother's home. But before the ceremony, Drago discarded several items and placed others in her Nissan SUV before driving off, prosecutors said.

When Drago, a former nurse, returned, she was confronted by Rodriguez and Freddy Cuevas, Kayla's father, who demanded the return of the memorial items, officials said. The parents stood in front of the Nissan, blocking her from driving away while Cuevas warned Drago that if she moved the SUV, it would strike Rodriguez, prosecutors said.

But Drago abruptly accelerated, knocking Rodriguez down and striking her with the SUV's front- and rear-left tires — an encounter that was captured on video by News 12 Long Island, police said.

Kunken said Drago felt threatened during the encounter and will present evidence of her treatment for PTSD, dating to a 2008 assault by a psychiatric patient. Prosecutors contend Drago was trying to sell her mother's home and was concerned that the memorial would scare off potential buyers.

Also Monday, State Supreme Court Justice Fernando Camacho ruled that "graphic" photos of Rodriguez's autopsy would be excluded from evidence because the cause of death was not in dispute. "I don't see any purpose of the photos other than to arouse jurors and cause prejudice," he said.

Camacho is expected to rule Tuesday whether to redact portions of a 911 call from a News 12 reporter. Kunken contends that part of the call could be prejudicial to the jury because of background wailing and screaming by Freddy Cuevas.

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.