People v. Reyes CA5

FACTS

This case involves the kidnapping and murder of Rosa Avina (the victim). The prosecution’s main witness was Luis Vazquez, an accomplice to the crime. In exchange for his truthful testimony, Vazquez was allowed to plead to the lesser charge of kidnapping and first degree burglary and received a sentence of nine years four months. In addition to his testimony, Vazquez’s DVD-recorded statement to police was played before the jury. Below we summarize his testimony and supplement it with his prior statement. On October 23, 2007, Vazquez was living with his family on Sycamore Street in Delhi. At the time, his friend Luis Valencia was living there as well. On the day in question, Vazquez was sitting on his porch when he observed Valencia drive up in an unfamiliar gray (sometimes described as silver) Pontiac followed by defendant, who was driving a red Lexus. While at the house, defendant asked Valencia to do him a favor and help him with a problem that the owners of the gray Pontiac had. Defendant and Valencia had a discussion regarding some “drug dealers” missing marijuana that apparently had been taken by the victim. During the conversation, Valencia told defendant to pick up…