People v. Soto

[698]

Opinion

KINGSLEY, J.

Upon trial by jury, defendant was convicted of second degree murder with use of a deadly weapon. (Pen. Code, §§ 187; 12022, subd. (b).) He appeals, contending: (1) improper introduction of a confession and the murder weapon, (2) erroneous exclusion of defense evidence, and (3) various errors in the jury instructions. We conclude that the confession was obtained in violation of

Miranda

v.

Arizona

(1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974], and we therefore reverse.

Facts

Sixteen-year-old Rosa Gutierrez was killed on the night of August 20, 1980. Her sisters discovered the body in the family living room at 10:30 p.m. She had been stabbed multiple times in the head and neck, and suffered several more blunt-force trauma wounds. Her clothes had been partially removed. Police noted blood in various areas of the living room.

Police interviewed Rosa’s family and friends, including 19-year-old defendant, whom Rosa had mentioned in her diary in an amorous context and whom she had tried to telephone on the night of her death. In the first interview, on the morning of August 21, defendant denied all knowledge of the killing. In a subsequent interview on August 27, he confessed to it, and led the police to an open area near which they found a jagged “rebar” (reinforcement bar used in construction work) which could have caused the blunt force wounds and several of the stab wounds.

In the interview, defendant stated he had stabbed Rosa in the hand, arm, and leg as well as the head and neck; her body, however, displayed no such wounds. Defendant also insisted that the stabbing occurred in Rosa’s front yard; although the stab wounds were such as would have caused instantaneous and considerable bleeding, no blood was found outside the house. Defendant repeatedly insisted that Rosa had been wearing pants; in fact she had worn a dress. Defendant accurately described the location in the living room where the body had been left, the fact that it was left partially unclad, and the fact that a knife had been used.