Deliberations Begin

It is now in the hands of the jury. A Westchester jury is expected to deliberate the case of Carlos Cajigas, who allegedly killed a mother in her Pelham Manor home. In Closing arguments yesterday, Cajigas's lawyer said her client may be guilty in a moral sense because he did not stop his friends who did the murder, but he is not guilty of the actual killing. Defense attorney Jeanne Mettler acknowledges that Cajigas "did not stop them, he did not report them." The 23-year-old Cajigas is accused of killing 32-year-old Kathleen Martyn on January Sixth, 1997 in an attempted robbery at her house. Mrs. Martyn was found by her husband dead on the kitchen floor. Their 17-month-old daughter, who was lying in a crib nearby was uninjured. Assistant District Attorney Pat Murphy told the jury that even if they were to disregard all the other evidence and accept Cajigas' own account of what happened, that would amount to a second-degree murder conviction. Cajigas said he knew his friends were planning a robbery, gave them directions to the house and bought a knife he knew would be used. Cajigas knew the Martyns and their house from when he worked at their Bronx stable. The two men the defense attorney blames for the killing are Michael Fernandez, who is trying to withdraw his guilty plea to second-degree murder, and Malcolm James, who pleaded guilty to lesser charges and testified against Cajigas.