Reilly
People v. Reilly
Opinion
Opinion
Smith, J.
J.—We hold in this case that" the prosecution met its burden, under the Kelly/Frye standard (People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ]; Frye v. United States (D.C.Cir. 1923) 293 F. 1013 [ 34 A.L.R. 145 ]), of showing (1) that electrophoretic testing of dried bloodstains has gained general acceptance in the scientific community and (2) that the technique was properly used in this case. We will therefore affirm the conviction of Lawrence Patrick Reilly for the second degree murders of Frank Anthony Ragusa, Jennifer Ann Ragusa and Marianne Jane Ragusa.
Background
The murders occurred on January 25, 1978, in the Oakland hills home of victims Frank Ragusa and wife Jennifer. The third victim was Frank’s sister, who was visiting. All three died of shock and hemorrhage from multiple stab wounds. Oakland police acting on a tip discovered the bodies at the house that same day.
The prosecution’s theory was that defendant, perhaps pressured by others, used his longstanding friendship with Ragusa to gain access to the Ragusa house. Once inside, he and possibly others took a large amount of cash and stabbed all three victims to death.