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People v. Clavano9/8/2005
ard Avila's apartment complex. After Oliver was out of sight, Cardenaz heard four or five gunshots. After hearing the gunshots, Cardenaz and Amando walked quickly away, toward defendants' apartment. Amando went to his and Oliver's apartment, and Cardenaz left. Approximately 30 minutes after the shooting, Cardenaz called defendants' phone number, and Oliver answered. Cardenaz asked him what had happened. Oliver told Cardenaz to come over to his apartment the next day and he would tell him what happened.
At the time of the shooting, Amando was wearing a black polo shirt with the word "Solo" printed on the side and a pair of pants. Oliver was wearing a gray flannel shirt with a checkerboard design and cut-off shorts. Earlier on the day of the shooting, Cardenaz and Amando were standing by Amando's car, which was missing its stereo equipment. Amando said someone had stolen the car stereo and "he was going to handle it, deal with it . . . ."
The morning after the shooting, Cardenaz was arrested for outstanding warrants while walking to defendants' apartment. Following his arrest, Cardenaz approached Detective Loveless at the police station, saying he knew something about a murder. Cardenaz was hoping he could get out of custody if he provided information. At the time of trial, Cardenaz was in prison for driving under the influence with injury and had felony convictions for grand theft and possession. He testified that he was gaining "nothing" for his testimony, however, and would still have to serve his prison sentence.
Before trial, Cardenaz told police and defense counsel that he did not remember anything about the evening of May 17. He said he was so high on PCP that he could not remember a thing. He testified, however, that he lied to police and defense counsel because he was in prison and "people get killed for stuff like this." Cardenaz also admitted he had a history of drug use. He smoked marijuana shortly before the shooting and used PCP that morning. He used PCP daily and used ecstasy regularly.
Cardenaz denied being under the influence of drugs when he was arrested on the day after the shooting. He agreed that he was acting irrationally at the time of his arrest, but said he was doing so on purpose. The officer who arrested Cardenaz testified that he displayed signs of being under the influence of PCP, including self-destructive behavior, sweating, irrational speech, and repetitive body movements. Shortly after his arrest, Cardenaz was taken to a hospital for treatment of injuries he sustained while banging his head against a wall. He was then taken to a mental unit to be evaluated. Later, he approached Detective Loveless, and was interviewed on the morning of May 19 about the Townsend murder. A videotape of the interview was played for the jury.
Damien Griffin lived near Avila's apartment. On the evening of May 17, Griffin was sitting outside his apartment drinking and smoking cigarettes. Griffin was in custody at the time of trial for failing to appear as a witness in the case and was declared a hostile witness for the prosecution. During his testimony, he denied he saw much of what he related during a June 16, 2003, police interview, and said he was only speculating about what happened. A videotape of the interview was later played for the jury.
During the interview and at trial, Griffin said that he saw two male Hispanics jump over a wrought iron fence and go into the apartment complex. One of the men went to a window at Avila's apartment building. Griffin heard four or five gunshots, and saw a muzzle flash coming from a gun the man by the window was holding. The shots sounded like they came from a .357 magnum. The shooter was wearin
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