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Conn. man facing manslaughter trial

January 15, 2012
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DANBURY, Conn.—A New Milford man facing manslaughter charges in the 2009 beating death of an Ecuadorean immigrant is asking a judge to prevent the jury from hearing the dying man's last words.

Joseph DaSilva Jr.'s attorney says Luis Encalada was too injured and drunk for his final words -- "DaSilva hit me" -- to be introduced as a credible dying declaration.

That legal standard allows the words of someone near death to be exempt from the ban on hearsay testimony.

The News-Times of Danbury reports ( http://bit.ly/zlOwXu) DaSilva's trial is expected to start Wednesday. Police say DaSilva beat and kicked Encalada down the stairs after finding him trespassing at a Danbury apartment building that DaSilva owns.

DaSilva's lawyer, Eugene Riccio (RICH'-ee-oh), says DaSilva plans to maintain his innocence throughout the prosecution.

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