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DaSilva Case

Conn. man facing manslaughter trial

DANBURY, Conn. (AP) A New Milford man who's facing manslaughter charges in the 2009 beating death of an Ecuadorean immigrant is asking a judge to prevent the jury from hearing the dying man's last words.

Joseph DaSilva Jr.'s attorney says Luis Encalada was too injured and drunk for his final words "DaSilva hit me'' to be introduced as a credible dying declaration.

That legal standard allows the words of someone near death to be exempt from the ban on hearsay testimony.

DaSilva's trial is expected to start Wednesday. Police say DaSilva beat and kicked Encalada down the stairs after finding him trespassing at a Danbury apartment building that DaSilva owns.

DaSilva's lawyer, Eugene Riccio, says DaSilva plans to maintain his innocence throughout the prosecution.