Statement delays trial

The statement reportedly was something Rapoza told a medical person while being transported from the Moss Beach crash scene where his pregnant wife died and his 4-year-old daughter fatally injured.

The testimony came to light while prosecutor Al Giannini was interviewing witnesses for the pending murder trial. He passed it onto defense attorneys Jeff Boyarsky and Connie O'Brien who yesterday asked Judge Carl Holm to exclude it as evidence because of the late timing. Holm refused, but gave the defense team an extra week to investigate the matter.

Before the decision, Holm cleared the courtroom of everyone but attorneys. Detective Gary Ramos testified in court and his testimony was then ordered sealed.

Jurors expecting to hear opening statements this morning will instead be told to return March 14. The move is just the latest delay in a trial more than two years coming. It has already shuffled through more than a month of pre-trial motions.

Yesterday, Holm also dealt the prosecution a blow by ruling that Giannini cannot use statements Raye Rapoza reportedly made prior to her death. In particular, Rapoza said in a 1995 Hawaiian affidavit for a restraining order — seven years before the fatal crash — that her husband once threatened to drive them both off a cliff. Holm has reserved judgment on testimony from a witness that Raye Rapoza told her the same scenario.

The decision may make prosecutors' job harder to prove motive in the case against Rapoza, 37, although they still contend the Oct. 6, 2002 crash was a botched murder-suicide attempt fueled by jealousy.

Rapoza has said he had no reason to want himself or his family dead but Giannini aims to show a pattern of marital strife, dating from the couple's residency in Hawaii, moving to their life in Foster City and the 150-foot plunge into the ocean.

Rapoza's defense team plans to present evidence showing his foot became stuck on the minivan's pedals and the air bag deployed before he could free himself.

Rapoza faces life in prison without parole if convicted. 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.