Murder evidence hashed out

Rapoza, 37, has repeatedly tried firing his two court-appointed attorneys, Jeff Boyarksy and Connie O'Brien. Each time, a judge denied the motion unless Rapoza can pay for a private attorney. Judge Carl Holm held a sealed meeting yesterday with Rapoza and his attorneys

The hearing was followed by a morning of discussion over audiotaped witness interviews before the court adjourned until Thursday. Motions still up in the air include prosecution request for limits on defense psychiatric testimony while defense lawyers want to suppress the alleged confession and alleged statements by Rapoza's wife.

The trial, sometimes compared to the infamous Scott Peterson case, begins more than two years after three members of the Rapoza family died in an Oct. 6, 2002 crash. Eddie Rapoza, the sole survivor of the fatal plunge off a Moss Beach cliff, was charged days later with purposely driving the family minivan off the road in a botched murder-suicide attempt. Prosecutors maintain Rapoza was fueled by jealousy after years of marital strife.

In the years since, Rapoza has fought an uphill battle to prove his innocence, hire new attorneys and speak publicly about the case. Throughout, he has been blocked by frozen finances, temporary gag orders and evidence prosecutors say help prove the crash was no accident.

Yesterday, Holm dealt a blow to Rapoza's defense by allowing in much of that evidence. Primarily, jurors will hear a hospital bed confession by Rapoza in which he seems to admit it was murder. Rapoza claims it was induced by anti-psychotic drugs such as Haldol and strong pain killers for his own severe injuries.

Rapoza said the crash was caused by faulty brakes adjusted to accommodate his pregnant wife. Raye Rapoza died at the scene of the crash. Tehani Rapoza, 4, was kept on life support for several days.

Another major request by prosecutor Al Giannini will be actually using a life-size replica of the Rapoza's minivan during the trial. Giannini wants to show that Rapoza's foot could not have been stuck on the accelerator as he claims.

The front end of the vehicle is already at the courthouse but Holm must first rule on its admissibility prior to jury selection. Opening statements are expected near the beginning of February.

Rapoza remains in custody on no-bail status. If convicted, he faces life in prison without parole. District Attorney Jim Fox decided against seeking the death penalty.