ALBANY, N.Y. (NEWS10) — Jacob Klein requested a mistrial twice over indicators in surveillance video pointing to persons and vehicles of interest and comparisons made by New York State Police. Both motions were denied, he attempted to argue those indicators could sway the jury and that the witness was giving his opinion.
Klein is accused of killing Philip Rabadi in April 2022.
The court saw four videos from NYSP of Klein’s alleged movements from April 10-13, 2022. Klein allegedly drove to St. Peter’s Hospital, Miller Rd in New Scotland and back to his Airbnb multiple times, including on April 13, 2022 — the day Rabadi was killed.
Video from that day shows a man circling the St. Peter’s Hospital parking garage for 15 minutes, looking at license plates, until a woman, driving a black SUV, arrives and enters the hospital. Then, the white Dodge Ram truck, rented by Klein, is allegedly seen driving to Miller Road where video is shown of Klein and Rabadi allegedly having a conversation before eventually entering Rabadi’s home.
Timothy Nguyen, a friend of Klein’s, testified Klein called him on April 14, 2022 and asked him to take care of his dog. Nguyen told the court Klein said the police were “probably looking for him,” and that he was in trouble with the law and going to turn himself in. Klein questioned Nguyen’s ability to remember his exact words from that day.
A forensic investigator with NYSP also testified and walked the court through photos of the crime scene. The room witnessing the gruesome scene once again, including Rabadi’s body face down on the garage floor and tied with tape.
Testimony will continue at 9:45 a.m. on Sept. 27, 2023.