Cribas

Cesar Elias Cribas was convicted by a jury of rape (Pen. Code, § 261, subd. (2)), bribery of witnesses (§ 137, subd. (a)), and conspiring with his brother, Danilo, to bribe witnesses (§ 182). He asserts a tape-recorded conversation between him and the victim was admitted in violation of the mandates of the United States Supreme Court in Massiah v. United States (1964) 377 U.S. 201 [ 12 L.Ed.2d 246 , 84 S.Ct. 1199 ], and contained statements which were involuntary. He also challenges the sufficiency of the evidence to support the bribery-related convictions.

I

In March 1989, Cribas met Ernesto Rojas and his girlfriend, Luisa B., in the laundry room of the apartment complex where Cribas resided. Rojas and Luisa had been living with Rojas’s uncle, but were having problems there. Cribas offered to allow them to move into his apartment, stating he would be glad to have help with the rent.

Sometime after the two moved into the apartment, Cribas made an unsolicited advance toward Luisa while Rojas was away. As Luisa was cooking, Cribas approached her, fondled one of her breasts, and put a hand down her pants. She became upset and told him to leave her alone. He did so and,…