Two of three charges against a Gilroy man found guilty of
kidnapping, raping and killing a Hollister woman three years ago
were overturned by a state appeals court.
Two of three charges against a Gilroy man found guilty of kidnapping, raping and killing a Hollister woman three years ago were overturned by a state appeals court.
The three justices of the 6th District Court of Appeals last week unanimously reversed Fernando Dominguez’s 2001 murder and kidnapping charges after concluding the jury was not instructed on how to handle the possibility that he could have been an accomplice and not the killer, said Dallas Sacher, Dominguez’s attorney.
The rape charge was upheld, but the exact amount of time he’ll serve for that conviction depends on his sentence less credit for time served since his arrest.
Dominguez and Jose Martinez were charged with the murder of Hollister resident Irma Perez in 1997, after she was found in a walnut orchard being prepared for harvest.
Martinez died of cancer before the trial.
Anytime there is a mistake in a jury trial, you have to show it, Sacher said.
”The jury gave the conviction without full knowledge of the judicial system,” he said.
The appeals court based their conclusion on the fact that there was a factual dispute over whether Dominguez or Martinez was the killer, and the jury wasn’t given the opportunity to consider that Dominguez may have raped Perez, but not been a part of the killing.
Dominguez testified in court that he was having consensual sex with Perez when Martinez became enraged because he had been flirting with her earlier that night, Sacher said. His said he left when Martinez became angry.
”We didn’t argue that the evidence wasn’t sufficient,” Sacher said. ”But he was deprived of a fair trial.”
Greg LaForge, who was the original prosecutor in the case, said Dominguez is a ”cold-blooded killer” and he needs to stay behind bars.
”This man brutally and viciously killed this women,” he said. ”It’s still a strong case and the DNA is there. He is a violent individual and her family deserves to see him stay in jail.”
At this point, Attorney General John Deist will decide if he wants to appeal and have the case re-heard
In the next 40 days, Deist can also petition to have the case reviewed and the supreme court will have 90 days to decide.
If the case isn’t picked up by the highest court, Dominguez will be returned back to San Benito County and District Attorney John Sarsfield will have the choice of retrying him.
”We will definitely retry the case,” he said.
LaForge said, he has already called Deist to lend his support for a retrial, and he would make every effort to help Sarsfield if it comes back to the county.
”I put him behind bars once, now he needs to do it again,” LaForge said.
Christine Tognetti can be reached at ct*******@fr***********.com
