Judge's gag order defied; murder suspect speaks out

However, Rapoza contacted the Daily Journal yesterday to denounce the order, the delays in his trial and the two attorneys he believes are trying to curb his Constitutional rights to free speech and a speedy trial.

"From the beginning I wasn't positive they were working for me ... they were like surrogate prosecutors," Rapoza said.

His defense team, Jeff Boyarksy and Connie O'Brien, was appointed shortly after Rapoza was arrested for the Oct. 6, 2002 crash that took the lives of his pregnant wife, Raye, her unborn fetus and the couple's 4-year-old daughter.

Prosecutors say Rapoza purposely drove the family minivan off a Moss Beach cliff in a murder-suicide attempt fueled by jealousy. Rapoza himself said it was an accident caused when his shoes became tangled in the vehicle's pedals. Rapoza said he has pushed his attorneys to investigate the vehicle but they dragged their feet - a primary reason he wanted to find new representation through the media. Recently they have been better, he said, although he still believes they are "not working in my best interest."

His constant criticism of them is what propelled the gag order request, Rapoza believes.

"[They're] trying to keep me silent," he said from the jail.

Rapoza has been far from media-shy as his case moves closer to trial and he became convinced his story was not being shared. He spoke with the Daily Journal earlier this year and has held interviews with other media outlets. An interview with a television station was canceled after his attorneys filed a temporary gag order June 14.

The gag order was just the latest move that Rapoza said was done without his blessing.

"How can your attorney without your consent do things? They are fighting me ... on the strategies," Rapoza said.

One strategy that became a point of contention was the trial date. Rapoza refused to waive his right to a speedy trial earlier this summer and an Aug. 2 date was set. Recently, his attorneys successfully had it delayed until Nov. 1 and Rapoza said they actually are seeking another continuance until the new year.

"Why make a person suffer?" he said of his prolonged stay in the county jail awaiting the trial he hopes will free him.

Rapoza said he told Holm he did not want to waive time but that he was overruled when his attorneys claimed otherwise.

"Connie O'Brien put words in my mouth," he said.

In preparation for the August trial date, Rapoza quit his tutoring job at the county jail and his family made plans to travel from Hawaii. Now both remain on hold.

He thinks the taxpayers should also demand he receive a speedy trial.

"They're the ones who are paying for my defense," Rapoza said.

Rapoza learned last week that District Attorney Jim Fox is not seeking the death penalty in his case. That decision gives him little comfort.

"Either way it's almost the same. How can you send a person with no criminal record or violent record [to prison]?" he asked.

He said his wife's sister spurred his arrest but that he is "an innocent person."

"She was in so much pain she needed someone to blame," he said, later asking "How can an accident turn into a murder?"

But right now, Rapoza is more concerned about finding a pro bono attorney willing to take up his case because of its constant comparisons to the Scott Peterson trial happening in the same courthouse.

"It's not really for free but for the publicity. Someone trying to make a name for themselves," he said.

Rapoza returns to court Monday morning for a hearing on the permanent gag order and to set a definitive jury trial date. He 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.