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Wednesday, July 09, 2008
False Confession Had Startling Detail
By Kari Brandenburg
2nd Judicial District Attorney
On Halloween night, 2005, 11-year-old Victoria Sandoval was brutally raped and murdered in her home. Law enforcement worked tirelessly on the investigation. Early on it was learned that Robert Gonzales knew Victoria Sandoval and had been seen hugging her in the days before the homicide.
Ethical rules prohibit us from disclosing all aspects of the case, in which Gonzales eventually was exonerated. However, we are able to discuss matters that are public record as a result of hearings held in open court.
Investigators had little information on Gonzales, though they knew he was a special education student. During questioning Gonzales informed officers he could read, write and understand their questions. He spoke of a familiarity with the criminal justice system, having recently been involved in a battery against a police officer.
Gonzales confessed to murdering and raping Victoria, though he gave differing versions of the incident. Most confessions are a blend of truths and falsehoods. This was the case in Gonzales' confession. We didn't have answers to all the questions, but we never do.
A key issue in his confession was a chilling re-enactment of the strangulation of Victoria. The Office of the Medical Examiner had noted two specific bruise marks on Victoria's neck. Gonzales was handed a water bottle to use as a prop to show how he had killed Victoria. Gonzales grabbed the bottle and started to demonstrate a choke with a closed grip. He quickly stopped, repositioned his hands and placed his thumbs in a splayed position that matched the markings on Victoria's neck almost perfectly. There was no prompting from officers.
Gonzales also claimed he used a condom during the rape. This would decrease the likelihood of DNA evidence linking him to the victim. These factors cannot be easily dismissed.
The fact the DNA evidence was not a match for Gonzales did not extricate him from being involved in Victoria's murder. It simply showed that at least one other person matching the DNA was involved. Gonzales gave a confession that was largely consistent with the physical evidence, and he knew Victoria Sandoval.
Another possibility explored was whether Gonzales might have heard about the incident from someone else. The expert for the defendant, Dr. Eric Westfried, testified that Gonzales would have difficulty being coached and would more likely convey information he had directly observed as opposed to repeating what someone had told him, and thus we were disabused of that scenario.
The conflicting opinions as to Gonzales' competency to stand trial wreathe reasons this case took "more than two years." Competency was raised by the defense. Once raised, the case comes to a complete halt. A defense psychologist testified in June 2006 that Gonzales was not competent. Another psychologist testified in May of 2007 that Gonzales was competent. Eventually, a jury determined Gonzales to be competent. Only then could the normal course of trial preparation occur.
It is critical to note Gonzales' attorneys were informed whenever significant developments in the case occurred. Our office has an open-file policy, and full disclosure is taken very seriously. When we learned the DNA did not match Gonzales, the defense was immediately informed. The same was true when we got a DNA hit on Israel Diaz. He is now in jail and charged with Victoria's murder. Recent investigation reveals no connection between Diaz and Gonzales.
The ultimate goal of any district attorney's office is to do justice. Justice is not a word merely bandied about. It is a responsibility and commitment. To say we all should have known Gonzales was not involved in the homicide is a very simplistic analysis. Everyone in the investigation and prosecution believed Gonzales was present at the homicide. Gonzales provided enough detail about the murder of Victoria to convince us of it.
Our responsibility to seek justice also entails representing and protecting the best interests of the public. It isn't a black-and-white, all-or-nothing proposition. If we don't make the right call, there can be other victims and dire repercussions. The stakes are incredibly high. We rely on those we work with, the law, our expertise and a strong sense of ethics. Because some cases can be exceptionally intense and complex, as this one, we struggle to determine what is right. Under any circumstances, great weight is given to a confession corroborating critical physical evidence.
Across the country, many have spent years in prison and on death row before they were finally exonerated. Our criminal justice system is not perfect, nor are the people who dedicate their lives to working in it. One innocent man in prison is one too many.
Our system eventually worked in the Gonzales case, and he was exonerated before standing trial. His case will serve as a humbling reminder that the job we do is very serious, and we have to be forever vigilant in our quest to seek justice.
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