P. v. AVILA
Filed 5/15/06
IN THE SUPREME COURT OF CALIFORNIA
)
v. )
Defendant and Appellant. ) Super. Ct. No. 452067-2
___________ )
Story Continued from Part II …………
Prior testimony of Frank Mendez was read into the record.[1] Mendez had known Rojas since Rojas was a child, and had known him to smoke marijuana. During August and September 1991, the two were housed in the same jail, and Rojas spoke to Mendez about the murders in this case. Rojas said he knew who had raped the girl, and that he was present when the girls were taken away to be killed. Rojas also said something about getting rid of the girls because they knew too much, and that Richard was driving some girl home while this was occurring. Rojas also mentioned pulling a chain necklace off one of the girls and calling his wife to tell her to get rid of some of his clothing in the trunk of a car. Rojas did not mention defendant.
Thomas Richardson, counsel for Rojas, testified that the prosecution entered into a contract with Rojas for his cooperation in this matter, and that one term of the contract was that Rojas take and pass a polygraph examination. When Richardson learned the result of the polygraph examination was inconclusive, he informed the prosecutor. The prosecutor replied that Rojas had fulfilled that term of the contract by taking the examination, and that the inconclusiveness of the result indicated the unreliability of the examination rather than Rojas's failure.
Ruben Arrechiga, Jr., testified he had suffered felony convictions in 1977, 1981, 1991, and 1993. In 1986 or 1987, Arrechiga lived with Rojas. During that time, Rojas used PCP three or four times a week. Based on his experience with Rojas, Arrechiga did not believe him to be an honest person.
Arrechiga also spoke to Richard's defense investigator about a convenience store robbery Rojas committed in 1988. Rojas told Arrechiga that as he was fleeing the scene of the crime, he fired shots at two young girls from the neighborhood because they could identify him.
In May 1982, Ronald Tate was walking home at night when he saw a group of teenagers fighting. Rojas, who was with a different group, approached him and repeatedly asked what was happening. Rojas then pulled a knife out of his pocket and stabbed him once in the neck and twice in the back.
4. Johnny Avila's Defense Case
Defendant presented evidence that Sanchez was a family friend, implicitly suggesting he would not have killed someone he knew and liked. Specifically, defendant's three sisters and two cousins and Sanchez's sister testified that for several years in the mid-1980's Sanchez dated Chucky Chacon, defendant's cousin. During that period, Sanchez and defendant, who occasionally met at family gatherings, appeared to get along. After Sanchez and Chacon broke up, she continued to be friendly with defendant. Defendant and Sanchez were last seen together in the late 1980's at a family gathering.
Spring and Kim testified for defendant. On July 31, 1991, Zeek invited Spring to a party. He picked her up in a purple Impala; Gomez was driving. The three then picked up Spring's friend Kim and drove to the North Hayes property, arriving about 10:30 p.m. They saw many men carrying firearms, and various guns were strewn about the property. Some of the men approached the girls and started talking to them. Spring recognized Juarez, whom she had met three weeks before.
Spring and Kim left the North Hayes property twice with some others to buy alcohol from a nearby store. On one return trip, when they were with Gomez and Juarez, a car behind them flashed its high beams. Gomez reached down from under his driver's seat, pulled out a 16- to 18-inch gun, and started firing at the car behind them. Juarez leaned out the window and also began shooting at the car. When they returned to the property, they learned that Zeek's brother and his family were in the car behind them.
In the early morning hours of August 1, 1991, Spring, Kim, Zeek, and Juarez smoked KJ outside the back of the main trailer. At one point, Spring and Kim met in Zeek's bedroom, in the main trailer. Juarez was there, and Rojas, whom neither girl knew, was in the kitchen with a 17- to 18-inch gun strapped over one shoulder.
Richard drove Kim home, arriving there between 3:00 and 4:00 a.m. Meanwhile, Spring found herself in the Wilderness trailer, where, over the course of two and a half hours, she was raped 12 times by six or seven individuals, including Juarez and Rojas. Rojas held her legs open while other men raped her. Rojas also pulled her hair and hit her, placed a belt around her neck and choked her with it, put a revolver to her head, cocked back the hammer several times, and threatened to kill her if she told anyone what happened that night. During the assault, Spring lost a necklace and a pair of earrings. Eventually De Anda came into the trailer and told Rojas to leave her alone. He helped Spring find her shoes and clothes, and they walked to De Anda's car. Just as they were leaving the property, Juarez jumped into the car, sandwiching her between De Anda and himself. Spring was scared because Juarez had a gun. In the car, Spring did not say that she was paid to strip or willingly engaged in sex. It was past 4:00 a.m. when Spring returned home. Spring did not recall seeing defendant that night.
Spring testified that, when she first arrived at the party, she saw a girl walking toward a trailer. Kim testified that, before midnight, she saw a man escorting a thin young woman from the main trailer.
John Coyle, a correctional sergeant with the California Department of Corrections who became familiar with Rojas while he was assigned to the California Medical Facility in Vacaville for 16 months, opined that Rojas was dishonest.
5. People's Rebuttal Evidence
Before trial, Rodriguez discussed with Ray Lopez his upcoming obligation to testify as a witness in this case. Lopez asked Rodriguez if he could change his story about Richard and claim immunity so he would not get in trouble. Rodriguez explained his contract with the prosecution did not work that way. He did not tell Lopez that Richard was uninvolved in the murders.
B. Penalty Phase Evidence
1. Prosecution's Case in Aggravation
The prosecution presented evidence that defendant previously had been convicted of shooting at an inhabited dwelling (§ 246), intimidation of a witness by force or violence (§ 136.1, subd. (a)(1)), and felony possession of PCP (Health & Saf. Code, § 11377).
Medina's cousin Richard Gonzales testified that Medina's death devastated her mother and that she had not been the same person since. Similarly, Medina's sisters found it difficult to talk about Medina, and the mere mention of Medina's name brought them to tears. Medina's family believed she was too young to die.
The prosecution presented a photograph of Medina and her two sisters taken in January 1991 and a photograph of Sanchez and her son taken within two months of her death.
2. Defendant's Case in Mitigation
Defendant presented extensive evidence about his family background and childhood. He was the second of eight children and the oldest boy. Defendant's mother, Ester, and father, John Avila, Sr., married in 1956 and moved to Pinedale, California, in 1960, where the family lived until 1979. Defendant's mother did not work outside the home, and his father typically worked 10 to 12 hour days as a foreman. Defendant's father was a well-liked and respected member of the community who coached baseball for a boys club and organized other sports.
Defendant's father demanded the family eat breakfast and dinner together, expected his children to do household chores before and after school, and taught his children the difference between right and wrong. During the summers, he made the children work in the fields picking figs to teach them responsibility and to make extra money. The siblings, especially defendant, helped each other in the fields.
Defendant was a small, skinny, and quiet child, who was placed in special education classes at school because he was a slow learner. Because of his special placement in school and his small size, other children used to pick on and beat him, though he never went looking for a fight. Defendant was also a â€
