“There’s no evidence of excessive degree of suffering,” Parker said. “[Colono] didn’t think he was injured, he didn’t drop to the ground, he walked back to the car.”

Parker said that dismissing the case would not diminish the tragedy of Colono’s death.

But Lynch said that the four stab wounds Colono suffered and his death from internal bleeding—were evidence of Pring-Wilson’s excessive violence.

“The defendant had no right as the initial aggressor...to use anything but non-deadly force,” she said. “[But Pring-Wilson used] force necessary not only to penetrate a jacket...but to penetrate cartilage.”

PERSONAL TESTIMONY

Before the defense and the prosecution delivered their arguments for and against the motion, Colono’s ex-girlfriend, mother and sister all took the stand quietly.

Cindy Guzman said she and Colono met at age 10 and started dating at age 14; she learned she was pregnant during their freshman year in high school at Cambridge Rindge and Latin.

Their daughter, Jade, is four years old.

The couple had dated on-and-off until Thursday, April 10, 2003—the day before the stabbing—when Guzman said she broke up with him. She said that Colono was “calm” about the breakup, presenting a slight setback to the defense, which wanted to show that Colono had reason to be upset and instigate the fight with Pring-Wilson.

Sarah Younkin, Pring-Wilson’s roommate, also testified yesterday. During cross-examination, she testified that Pring-Wilson was accustomed to carrying a pocketknife.

“[He used it] to open packages, fix stuck windows, cut an apple,” she said. “He’d just pull it out when he needed it.” She said he never referred to it as a weapon.

—Staff writer Hana R. Alberts can be reached at alberts@fas.harvard.edu.