People v. Zapata CA4/2

BACKGROUND

I. The evidence regarding the charged murders

According to the evidence, Angel Esparza was the actual killer of the two murder

victims in this case. No witnesses testified at the evidentiary hearing on Zapata’s and

Morin’s petitions. The parties agreed to rely on transcripts of Zapata’s and Morin’s

interviews with law enforcement, the reporter’s transcript of the joint preliminary hearing

in this case, and the reporter’s transcripts of Zapata’s and Morin’s testimony at the

preliminary hearing and trial of Esparza. We derive the following factual background

from those transcripts.

A. Summary of testimony at the preliminary hearings and trial

Zapata is Morin’s mother. In December 2009, Morin, Morin’s three children, and

Zapata lived together in a trailer in Thermal, California. Zapata was 39 years old, and

Morin was 23 years old. Morin’s children were ages six, two, and one.

Zapata was on parole at the time. Morin rented the trailer and let Zapata live there

rent free. Morin and Zapata did not get along well and argued frequently. They were

both using methamphetamine daily.

3 Morin had known Esparza since she was 15. He dated her aunt (Zapata’s…