Pretrial testimony ended Friday for a forensic psychiatrist hired on behalf of Eddie Rapoza, who faces three counts of murder for driving a minivan with his pregnant wife and daughter of a cliff near Moss Beach in the fall of 2002.
Dr. Pablo Stewart testified for hours Thursday and Friday that Rapoza was suffering from a cognitive disorder during police interviews on Oct. 8 and Oct. 9 2002.
The defense has asked Superior Court Judge Carl Holm to suppress potentially incriminating statements made during the interviews.
Rapoza, 37, of Foster City was the only survivor of his minivan's 150-foot plunge off the road the morning of Oct. 6, 2002. Raye Rapoza, 34 and seven months pregnant, died in the crash. The couple's daughter Tehani Rapoza, 4, was pronounced dead the next day.
Rapoza has repeatedly stated his foot became stuck on the van accelerator, causing the fatal plunge. The prosecution contends Rapoza never hit the brakes and that Rapoza intentionally killed his family in a murder-suicide attempt.
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According to recent court testimony, in interviews on Oct. 8 and Oct. 9 2002, Rapoza told police he believed his wife was having an affair and indicated the crash might have been intentional.
Stewart testified Friday that Rapoza's statements to investigators reflected an impaired mind, caused by medication sedation and severe physical injuries. Stewart testified that those interview statements are unreliable.
In hours of cross-examination Prosecutor Al Giannini repeatedly asked Stewart if any of Rapoza's statements could be deemed true, for example the part about planning the crash.
Giannini showed the psychiatrist a 1995 police statement penned by Raye Rapoza when the couple lived in Hawaii. In that statement, the woman wrote that Rapoza threatened to drive off of a cliff if she ever left him. Giannini asked Stewart if that statement corroborated Rapoza's comments to investigators.
Stewart refused to specify any portion of the interviews as truthful.
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Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
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PLEASE TURN OFF YOUR CAPS LOCK.
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