Day Three: Agosto recieved calls from Rivera during church

Noami Diaz' friend, Michelle Agosto has been called to the stand. In previous testimony we have heard that she was at the church with Diaz on April 12. She requires an interpreter for her testimony.

Through the translator, we hear that she is 28 years old, and lives at 28 Noyes Street in Utica. Agosto works at St.Luke's Hospital. Agosto says she's known Sammy Rivera for 2 years, and has known Diaz for 2 years as well.

Agosto is asked where she was on April 12 in the evening. She responds, via translator that she was church on John Street. She says she no longer goes to the church, but went there on a regular basis, along with Diaz in 2007.

On April 12, Diaz was already at church when Agosto arrived. Agosto says Diaz, Diaz' mother, Diaz' daughter, and herself were at church together that night, and that Agosto had her cell phone with her. When displayed, Agosto recognizes it as her phone, saying it in English, at first, but is told to stick to the Spanish and allow the translation.

Agosto says that church usually lasts around 3 - 3 1/2 hours. She tells prosecution that her cell phone rang numerous times, with Sammy Rivera's number showing up on the caller ID.

Agosto tells the prosecution that she told Diaz that Rivera was calling, and on the third time, she opened her phone, and saw the pastor looking at her, reminding her she was in church, and she said "I'm in church" into the phone, and closed the phone.