Day Two: Diaz went to church, Rivera left with baby and cell phone

Jurors return after the short recess, and both sides prepare for Noemi Diaz to take the stand.

Diaz says she was living at Seymour with her children and Sammy Rivera last year. Sammy had been her boyfriend for about a year and four months as of April 12, 2007, Diaz says. She had lived on Seymour Ave for roughly 2 years, she says.

The night of April 12, she says she was home with her kids, getting ready to go to church. She says that Sammy was with her brother-in-law, trying to find someone to fix her car, the red Dodge Neon, because it had a problem with its muffler. She says that because of the problem, Rivera was the only one who could drive it, thus driving them to church.

Diaz says that around 7:15 p.m., Rivera had dropped them off at church, and was planning on taking baby Luis with her, but he had fallen asleep. So, Diaz and her daughter went to church, and the baby remained with Rivera.

Diaz says that her mother, Arcadia Rivera, was also at church when she arrived. Michelle Augusta, a friend, sat with her in church, arriving some time after them. Diaz says she goes to church several times a week. She says the church services tend to last 2-4 hours, depending on what type of service it is.

Diaz says that she left her cell phone with Rivera in case she needed to call him to pick them up, as she was sitting with other people who would have a phone she could use. While at church, the phone of Michelle Augusta went off, and according to caller ID, Diaz says, with a call from Sammy Rivera. Diaz said Augusta picked up the phone, said "we're at church," and hung up.

Rivera called again, but the women did not pick up the phone. Shortly afterwards, Rivera came into the church, pulled Diaz aside and said that he was stopped and that "a cope had been shot in front of him." She described Rivera as hysterical and crying. After that, the couple left the church.