MARTINEZ — A Contra Costa County judge will decide Tuesday which of the seven defendants in Richmond High gang rape case will go to trial and on what charges.
In anticipation of attorneys making their final arguments today, Judge Gregory Caskey said Monday that he has two concerns: whether there is sufficient evidence to bring 16-year-old Cody Ray Smith, of San Pablo, to trial, and the state of evidence as to Elvis Torrentes, 23, of Richmond.
Caskey indicated that 20-year-old Richmond resident Manuel Ortega, the purported ringleader of the assault, would be held to answer.
There are a few problems. It appears there is an issue with Miranda rights:
Caskey ruled Monday that Smith’s police interview is inadmissible as evidence because Smith’s Miranda rights were violated when he was questioned two days after police found an unconscious and partially clothed 16-year-old girl under a campus picnic table Oct. 24, 2009.
Caskey agreed with the contention of Smith’s attorney, David Headley, that Sgt. Lori Curran ignored the then-15-year-old Smith when he first said he wished to remain silent so that she could further the high-profile criminal investigation which, at that point, had few leads.
The cherub-faced Smith appeared to be praying as attorneys argued the issue, then looked relieved once Caskey announced his decision.
I have no idea how this is going to go down. They should all rot in hell but there are only two that I’m sure will go to trial and the charges should be severe. You can read the entire article here.