North Dakota Supreme Court justices heard arguments Friday from the attorneys of two men appealing their convictions in the 2001 slaying of a Grand Forks father and son.
Along with other issues, attorneys for Billy Joe Aguero and Joseph Moncada raised the question of whether a trial judge erred in requiring their clients' legs to be shackled, potentially causing prejudice among jurors who might have seen or heard the metal restraints.
During trial, Aguero and Moncada wore suits and ties but were shackled at the ankles. Defense attorneys positioned boxes and briefcases around the defense table in an attempt to block jurors' views of their clients' shackles.
On Friday in Bismarck, Robert Martin of Minot represented Moncada; Benjamin Pulkrabek of Mandan represented Aguero; and Grand Forks County Assistant State's Attorney Jason McCarthy represented the state. The justices will announce their ruling at a later date.
In June 2009, a jury found Aguero, 32, and Moncada, 27, guilty of shooting Robert Belgarde, 40, and Damien Belgarde, 19, next to a pasture not far from Grand Forks. Testimony showed that the Belgardes were killed over a drug debt.
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Aguero and Moncada are serving life sentences without the possibility of parole.
