Prosecutors will get to try Elicio Rojas and Eusebio Ramos for
the murder of Ralph Santos, but they are going to have to do it
without a confession.
Superior Court Judge Harry Tobias threw out the tainted
confession police extracted from Rojas Wednesday morning because
his rights were not properly explained to him.
Prosecutors will get to try Elicio Rojas and Eusebio Ramos for the murder of Ralph Santos, but they are going to have to do it without a confession.
Superior Court Judge Harry Tobias threw out the tainted confession police extracted from Rojas Wednesday morning because his rights were not properly explained to him.
“Mr. Rojas’ confession was thrown out for Miranda violation,” Salinas defense attorney Bud Landreth said. “This is not lethal to the prosecution’s case.”
However, without Rojas’ confession admitting he participated in the murder of the 73-year-old Santos, convicting him will be more difficult for the prosecution.
Tobias’ ruling did not throw out Ramos’ confession and prosecutors were able to use that during Wednesday’s preliminary hearing to have Rojas held over to stand trial on the murder charges. But Landreth said that won’t be enough to convict him.
“Mr. Ramos’ statement was allowed during the hearing but cannot be used against my client at trial,” Landreth said.
Landreth said he understood and agreed with Tobias’ decision.
“I think it was entirely appropriate,” he said.
Deputy District Attorney Stephen Wagner, who is prosecuting the case, could not be reached for comment on the judge’s ruling, but did say in a written statement he would be prepared for the trial.
“My mantra and mindset is to always prepare a case like it is going to go. I will be ready,” Wagner said.
Rojas and Ramos will be formally arraigned for trial Wednesday, Sept. 24, at 1:30 p.m.
Because of the loss of Rojas’ confession, he and Ramos will be tried separately.
Rojas and Ramos, are accused of murdering Santos on June 10, and discarding his body in a 50-acre mustard seed field off Buena Vista Road, stealing his car and some of his personal property.
With the exception of a few words, Rojas and Ramos only speak Spanish.
Landreth and Allan said it appears that when police were reading Rojas and Ramos their rights, they used a translation that did not fully inform them of their right not to answer police questions or to incriminate themselves.
Landreth said he does not believe the police were purposely trying to deny his client of his rights.
“It does not appear that this was anything intentional by the officer, but was merely an oversight,” Landreth said. “I commend the officer for his candor on the witness stand.”
Prosecutors said they have a solid case with or without the confession.
