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Rapoza’s defense rests case
April 02, 2005, 12:00 AM By Michelle Durand Daily Journal Staff
After four days of evidence the defense of a Foster City man charged with three counts of first-degree murder rested Friday without benefit of the man’s own testimony.

Dr. Davinder Grewal, a mechanical engineer who investigates automotive accidents, appeared on the stand before defense attorney Jeff Boyarsky announced he had no more witnesses to prove his client, Eddie Rapoza, is innocent.

According to Grewal, Rapoza was buckled into his minivan seat during the crash. His testimony directly contradicts prosecution experts who said Rapoza’s seat belt was not used.

Nearly immediately, prosecutor Al Giannini called a handful of medical personnel to rebut defense claims that Rapoza’s hospital confession to killing his pregnant wife and 4-year-old daughter were not foggy recollections clouded by heavy medication.

An intensive care nurse testified Friday Rapoza was clear-minded and articulate on Oct. 8 and Oct. 9 despite sounding slow and slurry on taped police interviews.

Rapoza is charged in the Oct. 6, 2002 deaths of Raye Rapoza, 34, her nearly 9-month-old fetus and the couple’s 4-year-old daughter stemming from a crash off a Moss Beach cliff. The 2002 Dodge minivan carrying the family sped down Bernal Avenue in Moss Beach and dropped about 150 feet off the edge into the ocean. Raye Rapoza, 34, died at the scene but Tehani Rapoza was kept on life support for several days. Eddie Rapoza was hospitalized himself with major injuries and sheriff’s detectives reported he confessed to the crime.

The defense claims the crash was a fatal accident caused by his client’s foot lodging on the pedals of the family’s Dodge minivan. Giannini argued Rapoza purposely drove off the cliff in an effort to kill a wife he believed unfaithful, a fetus he believed fathered by someone else and his daughter who, according to paramedics, he referred to with expletives following her death.

Closing arguments are expected Monday followed by jury deliberations. Rapoza remains in custody on no-bail status.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.


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