Third state witness excused from testifying in Lynn murder trial

SALEM – Another state witness has invoked his Fifth Amendment privilege and has been excused from testifying in the trial of Jose Cabrera, charged with the fatal shooting of a rival gang member on Olive Street in Lynn in 2008.Raymond Son, 19, of Lynn, currently serving a sentence for willfully misleading the criminal investigation in connection with this case, invoked his Fifth Amendment privilege not to testify at the trial because the details may create further culpability for him.Judge David A. Lowy, who is presiding over the trial, excused Son from testifying under his privilege.Two other state witnesses, Michael Rodriguez and Amaury Severino, both of Lynn, were excused under their Fifth Amendment privilege earlier this week.In addition, defense lawyer Jeffrey T. Karp filed a motion to have any still cameras prohibited from taking a picture of Cabrera on the grounds that a photograph published could end up “tainting any identification” that would be later attempted at the trial.Karp is relying on misidentification in his defense for Cabrera.Assistant District Attorney Kristen R. Buxton had no position on the issue.The Daily Item objected to the motion and in a letter to the court urged the judge to allow the defendant to be photographed during the trial because of the wide interest in the case in Lynn and the toll gang violence has taken on the city.But Lowy ordered that no photographs of Cabrera could be taken until the close of all the evidence.Cabrera, 20, an alleged member of the Deuce Boyz gang, is charged with the premeditated shooting death of Tony Pich, 21, who was shot and killed with a bullet from a .9mm revolver on his front porch at 1-3 Olive St. at around 2:15 a.m. the day after Halloween.Pich, a member of the Crips gang, was killed by one bullet to the chest.Opening statements will commence on Monday morning in Salem Superior Court.