The family of Ralph Santos wants a plea agreement for convicted
killer Eliseo Rojas thrown out because they believe the district
attorney broke the law in orchestrating the deal, violated their
rights in the process and did it because Rojas’ attorney is a close
friend of the prosecutor.
Hollister – The family of Ralph Santos wants a plea agreement for convicted killer Eliseo Rojas thrown out because they believe the district attorney broke the law in orchestrating the deal, violated their rights in the process and did it because Rojas’ attorney is a close friend of the prosecutor.
District Attorney John Sarsfield denies all the allegations and said he believes the family is being manipulated so political enemies can launch personal attacks against him.
Rojas’ attorney, Bud Landreth agreed to the plea bargain reducing his client’s first-degree murder charge to voluntary manslaughter two weeks ago. Under the terms of the bargain, Rojas must testify against Eusebio Ramos, who is also charged with killing the 73-year-old man last June. Prosecutors say Santos was killed because of his sexual orientation and because he allegedly solicited sex from them.
Santos’ family hired attorney Arthur Cantu, who has had an ongoing feud with Sarsfield since he lost the 2002 San Benito County District Attorney race to the prosecutor. They released a statement Monday chastising Sarsfield for agreeing to the deal and called his actions not only “inconsiderate” but “illegal.”
The family believes Sarsfield violated the Victims’ Bill of Rights when attorneys signed a written plea bargain without having the family present in court, dealt a first degree murder charge down to manslaughter illegally and did it to “pay back” Landreth for helping Sarsfield get elected in 2002, Cantu said.
“Our family would like to make this abundantly clear – we are accusing District Attorney John Sarsfield and Salinas defense attorney Bud Landreth, at the very least, of cronyism,” the statement said. “It is our belief the plea bargain was struck solely because of the very close personal relationship between Landreth and Sarsfield.”
Both Sarsfield and Landreth denied working in cahoots. Landreth said he worked with Deputy District Attorney Steven Wagner to orchestrate the deal and had little contact with Sarsfield concerning the plea agreement.
“I really like it when people who don’t have all the facts make such statements,” Landreth said. “They can do whatever they want and they’ll get no objection from me for any efforts they want to take. But they should get their facts straight before they go off half-cocked.”
Sarsfield denied all of the allegations made by Cantu and the family. He understands the family is hurting and needs to lash out at someone and added they are entitled to their opinion.
He said he believes Cantu and other investigators working with the family are exploiting them.
“From day one this family has been preyed upon by certain people in this community,” Sarsfield said. “I really believe people are taking advantage of them for their own purposes and it has nothing to do with justice.”
Cantu said his relationship with Sarsfield has nothing to do with the plea bargain. The family approached him because they are upset about the deal and the way Sarsfield has treated them, he said.
“This family is on fire,” Cantu said. “To say they’re being exploited – he breached their trust and then he expects the family to be silent? This family has been victimized twice – once by Mr. Rojas and again by Mr. Sarsfield. Come hell or high water we’re storming into court and busting this plea agreement.”
Cantu plans to file a motion sometime in the near future using case law to back up the family’s claim that their rights were violated.
California law states that victims of crimes have to be notified by the district attorney’s office before a plea is entered before the judge, according to the California Penal Code. The Santos family claims Sarsfield did not notify them.
But Sarsfield said he did nothing illegal and has communicated with the family on a regular basis.
He said the plea was struck because there are factors the family is not aware of that weaken the case against Rojas.
“I will not take the chance that someone involved in a homicide would walk out the door,” Sarsfield said. “I understand why they’re upset. But the facts are that we have a person purporting to be a minister running around and picking up on uneducated field workers and sodomizing them – that’s what the evidence shows. Mr. Santos led a very dangerous double life.”
Sarsfield said Santos’ lifestyle did not warrant him being killed, but would create difficulties for prosecutors if the case went to trial.
Cantu said a victim’s lifestyle should have nothing to do with how vehemently the district attorney’s office prosecutes cases, and that bringing Santos’ lifestyle into the equation is “second-class justice.”
“That statement is nothing short of homophobic and it ignores the reality of humankind, it ignores the reality of dignity, and how dare he say Mr. Santos doesn’t deserve that type of justice,” Cantu said. “That type of reasoning is saying it’s OK to rape prostitutes, and that went out 30 years ago.”
The family also claims Sarsfield violated California law when pled the first-degree murder charge down to voluntary manslaughter, Cantu said. Plea bargaining in any case involving a serious felony is prohibited by law unless there is insufficient evidence to prove the prosecution’s case, according to the California Penal Code.
In the written statement the family said Rojas was driving Santos’ car and admitted stealing it after murdering Santos, was found with Santos’ credit cards and left DNA at the crime scene – all strong pieces of evidence tying Rojas to the murder, they claim.
Sarsfield said none of his actions were illegal and he had enough doubt about the strength of the case to accept a plea bargain for voluntary manslaughter. He said because Rojas’ original confession was thrown out and the coroner never determined an official cause of death that it complicated the situation.
“(Mr. Santos) lived an extremely dangerous lifestyle, and (Rojas and Ramos) were embarrassed by it, provoked by it and he was killed,” Sarsfield said. “It is a very difficult fact pattern for the prosecution to deal with, especially when you couple it with no cause of death and the confession being thrown out.”
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or
em*******@fr***********.com
