A parade of prosecution witnesses took the stand Tuesday in a 4th Judicial District courtroom to testify that Jaclyn Funderburg, a 22-year-old mother, had told them reluctantly that her ex-boyfriend hit her with both fists on May 27, 2007, breaking her jaw in two places.

But it was what was left unsaid that most characterized the opening day of the assault trial against Funderburgs’ alleged assailant, Salvator Esquivel-Castillo, 36. Jurors were not told that Funderburg was killed less than three months after the assault, and that Esquivel-Castillo has been charged with kidnapping and first-degree murder in her death and is scheduled to be tried on those charges in early April.

Judge David Shakes has ruled that information is so prejudicial to Esquivel-Castillo that he would not be able to receive a fair trial on the three assault charges, two of which allege the Mexican national inflicted serious bodily injury on the mother of his then-7-month-old son.

However, prosecutor Jeff Lindsey told the judge after opening arguments that defense attorney Josh Tolini had opened that door by telling jurors his client did not assault Funderburg but he wouldn’t be able to question her because she was “deceased.” Lindsey said that statement and Tolini’s assertion that Funderburg had a secret methamphetamine addiction may lead jurors to conclude she was the victim of an overdose.

Shakes said he would review the statements of Tolini to determine what, if anything, should be done regarding what jurors should know about Funderburg.

Prosecutors are trying Esquivel-Castillo on the assault charges now instead of bundling them together in the murder trial because a deadline was looming for his right to a speedy trial on the lesser charges.

Lindsey told jurors in his opening remarks: “This is a case about jealousy. This is a case about secrecy. Ultimately, this is a case about a bone-crushing punch … that broke Jaclyn Funderburg’s jaw in two places.”

Tolini said his client didn’t assault Funderburg. But he said, “I’m not going to be able to show who did” because of a lack of investigative manpower and because Funderburg wouldn’t be testifying. He did say one witness, a friend of Funderburg’s, saw Esquivel-Castillo drop her and their baby off at her apartment on May 27 and saw no signs of injuries.

A number of prosecution witnesses, including a doctor at Memorial Hospital, a Colorado Springs police officer and two co-workers at a Wendy’s restaurant testified that Funderburg, after showing an initial reluctance, told them her ex-boyfriend hit her on both sides of her head simultaneously with his fists during an argument in his bedroom as she tried to dress for work.

Dr. Clint Fouss, an emergency room doctor at Memorial, also said Funderburg had numerous bruises on her arms and thighs. He said Funderburg told him they were caused when her ex-boyfriend punched and kicked her. However, Fouss acknowledged under questioning by Tolini that the bruises could have been several days old when he examined them.

The prosecution asserts that Esquivel-Castillo was jealous of relationships Funderburg had with co-workers and believed she might be romantically involved with someone else.

One co-worker and friend, Matthew Ferro, said Funderburg had previously shown him where her hair had been burned off, allegedly by Esquivel-Castillo.

He said he also suspected Esquivel-Castillo was providing meth to Funderburg.

Esquivel-Castillo’s trial on the first-degree murder and kidnapping charges is scheduled to start April 6. His assault case is expected to continue through much of this week.

In this image from NASA TV, the space shuttle Discovery moves into position to dock with the international space station orbiting Earth, Tuesday, March 17, 2009. Photo by (AP Photo/NASA TV)

AP