New Trial Ordered for Man Convicted in Killing

A state appeals court has ordered a new trial for a gang member convicted of the ambush slaying of a Los Angeles police officer in 1998, ruling last week that detectives who obtained a confession from the man violated his right to speak with an attorney.

Catarino Gonzalez Jr., 25, is serving a life sentence for the Aug. 9, 1998, slaying of LAPD Officer Filbert H. Cuesta, who died after a gunman raked his patrol car with bullets when he and a partner responded to a noisy party in the Crenshaw district.

Several gang members were at the party, and Cuesta was shot in the back of the head as he sat in the patrol car while he and his partner, Richard Gabaldon, waited for backup units to arrive.

Gonzalez, a party guest, was arrested three days later and at first denied shooting Cuesta. He confessed after two interrogations and a polygraph exam.

That confession was introduced at trial over the objections of Gonzalez’s attorney, who said police had ignored Gonzalez’s request to speak with an attorney. In 2001, jurors convicted Gonzalez of first-degree murder and attempted murder.

But on Friday, after reviewing the case, a three-judge panel of California’s 2nd District Court of Appeal reversed the convictions, ruling they were tainted by incriminating statements Gonzalez made after telling detectives, “If for any little thing you guys are going to charge me, I want to talk to a public defender too, for any little thing.”

The panel’s written ruling found that Gonzalez’s admissions “were the most persuasive evidence of his guilt and likely caused the jury to completely disregard or greatly discount all of the evidence tending to establish innocence or otherwise cast doubt” on the prosecution’s case.

Deputy Dist. Atty. Darren Levine, who prosecuted Gonzalez, said Saturday that he was still reviewing the panel’s opinion, but was disappointed with the decision.

“There was eyewitness identification, handwriting identification, all the circumstances of the crime fit the defendant, and the defendant confessed,” he said.

Gonzalez, who is in the California State Prison in Sacramento, will remain in custody.