Saetern

FACTS

The facts surrounding the shooting are undisputed. Nai Saechao recruited his cousin, Khae Saephan, to kill Nai’s wife, Si Saeturn. Neither Nai nor his lover, Mimi Le, was present at the time of the murder. On December 29, 2005, Khae, Lo Fou Saephanh, and the 14-year-old shooter, defendant Xeng Saetern, drove to Si’s place of employment and waited until she got off work. The young marksman walked down to the victim’s car and shot her in the head and abdomen at close range while the other two waited in their car. Si and her four-month-old fetus died at the scene. (Facts from our earlier opinion, People v. Le (Apr. 22, 2011, C057217 & C057150) [nonpub. opn.].)2 Xeng confessed to the shooting. He did not know why anyone wanted the lady killed. Codefendant Khae testified in his own defense. Despite the fact that during several interrogations he repeatedly denied shooting the victim, at trial he claimed that he, not Xeng, was the shooter. He purportedly told Xeng to admit he had shot the victim because Xeng was a juvenile and therefore would get less time. Khae told the jury he threatened to shoot Xeng and his parents if he did not “take the rap.” Xeng complied. The jury rejected…