Triple-murder confession allowed in trial

"I don't believe police failed to honor his request for a lawyer ... I don't believe he asked for one as such," Holm said.

In the interviews conducted by Detective Joe Farmer, Rapoza reportedly said he believed his wife was having an affair and that he intended the crash.

The defense team has sought to suppress the interviews from Oct. 8 and 9, claiming the Foster City man was badly injured himself and heavily medicated. Dr. Pablo Stewart earlier testified the comments are unreliable because his mind was impaired by the crash and drugs.

Holm appeared to dismiss the argument yesterday by also stating his opinion Rapoza faked a seizure on his life flight ride from the Moss Beach crime scene to the Stanford Medical Center.

The ruling is a win for prosecutor Al Giannini who plans to argue Rapoza purposely killed his family as part of a jealousy-fueled murder-suicide attempt. Rapoza's alleged confession may also help Giannini use statements his wife, Raye, made prior to her death which imply he had previously threatened to kill her and himself. Holm will rule on that motion in between jury selection the next two weeks.

Holm's decision was met with frustration by a small handful of Rapoza's supporters who don't understand the judge's reasoning for allowing statements they say were coerced and untrue. John Trayer, Rapoza's friend and employer for the last eight years, said it was ridiculous to believe a seizure was faked and even more incredulous Rapoza's hospital medication didn't appear to be considered. After sitting through days of pre-trial motions, including testimony about Rapoza's hospital interview, Trayer was left even more certain that his friend is innocent.

"When I first heard about the case I figured he did it. Everything I read said he confessed ... But listening to the testimony in there I figured out there is no confession ... . Everybody involved in this thinks he did it and they're saying what they need to so he is convicted," Trayer said outside the brief hearing.

Rapoza was arrested days after the family vehicle sped down Bernal Avenue and flew off a cliff to the ocean 200 feet below. The defense claims the crash was an accident, caused by Rapoza's running shoe becoming stuck on the accelerator. Prosecutors believe Rapoza was jealous and fearful he did not father his wife's 7-month-old fetus. Raye Rapoza, 34, died at the scene while Tehani Rapoza, 4, was kept on life support for several days before being removed.

"He loved his family," Trayer said. "There's a big difference between being a Hawaiian family which is very physical and driving your family off a cliff."

If convicted, Rapoza faces life in prison without the possibility of parole. Last year, District Attorney Jim Fox decided against seeking the death penalty.

Rapoza will return to court Feb. 22 for the beginning of jury selection. Giannini estimates opening statements will begin March 7 and the jury will begin deliberating around April 11.

During some portion of jury selection, attorneys will argue over the admissibility of Raye Rapoza's statements to police and in an affidavit for a restraining order against her husband. Under current law, statements are typically not allowed unless the person that allegedly made them can be confronted under cross-examination. Giannini wants an exception, arguing the victims are only unavailable because of Rapoza's wrong-doing.

Defense attorney Connie O'Brien said the law requires the defendant to purposely keep witnesses away — not true if one holds the belief the crash was an accident instead of a planned killing.

Holm will rule based on a preponderance of "clear and convincing evidence." Giannini wants to use Rapoza's admitted statements to bolster the evidence, thereby making his wife's words admissible.

Allowing the statements will likely cut down on the number of prosecution witnesses because not as many people will be needed to relay Raye Rapoza's words to the jury, Giannini said.

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.