Employer: Accused murderer innocent

While Trayer is convinced of her friend's ability to aid in his own defense, Rapoza must wait until next month for two doctors to return a formal decision on his competency.

Trayer met with Rapoza Tuesday afternoon at the San Mateo County Jail for the first time since his arrest for the Oct. 6, 2002 deaths of his family.

Trayer said her 45-minute conversation with her friend of more than eight years convinced her that the fatal crash that took Raye and Tehani Rapoza was a tragic accident. It also solidified her opinion that Rapoza, 36, should proceed to trial to prove his innocence.

Before that happens, a pair of psychiatrists must determine Rapoza's mental state. Unlike sanity - which refers to a suspect's mental state at the time of a crime - competency refers to the ability to aid in one's own defense. The doctors were scheduled to return their verdict yesterday but defense attorney Jeff Boyarsky said they needed more time to evaluate Rapoza.

The two court-appointed doctors will now return their analysis April 23. Their reports were sealed by Judge Craig Parsons yesterday at Boyarsky's request.

Rapoza's competency was questioned in mid-February, days before the District Attorney's Office planned to decide whether to seek the death penalty in his case. Rapoza is eligible for capital punishment because of the multiple murder allegation.

Rapoza's family - his 34-year-old wife Raye, her nearly 8-month-old fetus and 4-year-old daughter Tehani - plunged into the ocean Oct. 6, 2002 when their minivan sped over the side of a cliff. Raye and her unborn daughter died at the scene and Tehani struggled on life support two days before being declared brain dead. Rapoza survived the crash, was treated for multiple injuries and arrested for murder days later.

Investigators from the Sheriff's Department claim that during his hospitalization, Rapoza confessed to purposely crashing the car in a botched suicide attempt. Investigators said Rapoza believed the fetus his wife was carrying was not biologically his and he accelerated the vehicle in a jealous rage.

In subsequent interviews, Rapoza claimed his foot became stuck on the accelerator. He has also said that any confession he made was induced by a combination of marijuana he smoked earlier in the day, his own injuries and the painkillers given to him by medical personnel.

Trayer said Rapoza reiterated as much to her during their jail house meeting.

"He is distraught about his wife and child but who wouldn't be? The guilt is killing him and then he said 'they tell me that I'm a murderer on top of it,'" Trayer recalled. "He was passionate and pained and he was right on when he'd start talking about the case. I have no doubt in my mind he is competent."

Rapoza remains in custody on no-bail status. If the doctors believe he is incompetent to stand trial he will be sent to a state hospital.

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.