Latest update April 11th, 2025 9:20 AM
Judge in Roger Khan case admits evidence from dead man’s wife
Judge Dora Irrizary in the Roger Khan drug trafficking case in New York will allow evidence to be tendered by the state that bodyguards of the alleged drug king pin had threatened the wife of executed businessman Davendra Persaud with a gun.
Roger Khan
But Judge Irizarry ruled against admitting uncharged evidence of Khan’s involvement in Persaud’s execution as well as that of boxing coach Donald Allison in the trial.
This follows a motion by the US Government to use the uncharged acts as evidence, a move that was challenged by Khan through his attorneys.
The embattled Guyanese businessman is facing several indictments, including distribution, importation and possession of cocaine.
He is also charged with being engaged as the principal administrator, organizer and leader of a continuing criminal enterprise in the Eastern District of New York and elsewhere.
Judge Irizarry explained that in denying evidence of the two murders, the probative value gained is substantially outweighed by the risk of undue prejudice, in addition to the insufficiency of the government’s proof.
However, the judge ruled that the threat made to Persaud’s wife is high since it indicates Khan’s leadership role, as well as his participation, knowledge and involvement in a drug conspiracy.
She pointed out that the risk does not substantially outweigh the probative value.
In her ruling to disallow the evidence of the murders, the judge noted that Khan was not charged with violent conduct.
However, she agreed with the government’s argument that Khan is not charged with mere possession or distribution or as a courier or low level criminal operative but as a leader of a continuing criminal enterprise, who faces a mandatory life sentence if convicted.
Judge Irizarry has reserved her ruling on whether to allow Khan’s alleged seizure of Persaud’s vehicle as payment for drug debt to be admitted.
Attorneys have denied Khan’s involvement in the murders of Persaud and Allison. Roger Khan was arrested in neighbouring Suriname after fleeing Guyana and was subsequently handed over to US drug enforcement authorities in Trinidad from where he was spirited to the US to face drug trafficking charges.
Since his detention, his lead attorney Robert Simels has been charged with conspiracy to commit murder, which stems from taped conversation with an informant of an alleged plot to kill one of the main witnesses in the trial.
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