Lorenzo Nuñez
	
	Monterey
	County, California
	Date of Crime:  November 1994
“A jury convicted Lorenzo Nuñez of murder for supplying 
	rifles used in a gruesome slaying, even though scant evidence showed Nuñez 
	knew of the assailants’ intent.  The 6th District Court of Appeal 
	upheld the conviction, but a federal judge overturned it because the jury 
	was shown a videotape in which police lied to Nuñez about the strength of 
	the evidence.”
	
	“In November 1994, a horrific crime gripped Salinas: Three people had been 
	sprayed with bullets and left dead in their home.  Lying on the floor 
	next to the deceased was an 11-month-old girl, who had been shot twice but 
	survived.  Three suspected assailants fled to Mexico.  But police 
	arrested Lorenzo Nuñez, who admitted stealing rifles from one of the victims 
	and providing them to the suspects.  Those stolen guns were the murder 
	weapons.”
	
	“Tantalizing clues suggested Nuñez, 23, was more than a weapons supplier.  
	A friend of the victims, he lived at their home for a time but stayed in a 
	hotel during the days just before the slayings.  Nuñez was a cousin of 
	one of the shooters, and he knew his history of bad blood with one of the 
	victims.  But Nuñez told police he believed the guns would be sold in 
	Mexico to settle a debt.”
	
	“Prosecutors brought multiple murder charges against Nuñez, which required 
	proof he had advance knowledge of the crime.  No direct evidence 
	established his knowledge, though there were instances when Nuñez acted 
	suspiciously before and after the slayings.  But during the trial, 
	Judge John Phillips made a crucial ruling: While prohibiting most of Nuñez’s 
	taped interrogation, he allowed the jury to view part of one tape.  In 
	it, police claimed they had ‘numerous, numerous people’ who said Nuñez 
	participated in the plans for the murders.  Phillips failed to tell the 
	jury that the police claims about the witnesses were false.”
	
	“The jury found Nuñez guilty of three murders.  In court, Phillips 
	said: ‘I can’t recall a murder case where a conviction’s been obtained or 
	supported by any weaker evidence. … If I had heard it as a court trial, I 
	might well have come to a different conclusion than the jurors did.’  
	Soon after, he sentenced Nuñez to 40 years to life in prison.”
	
	“Just two days after Nuñez was sentenced, Monterey County authorities 
	received a videotape from Mexico, featuring one of the initial suspects 
	insisting Nuñez did not know of their plans.  But a three-justice panel 
	unanimously upheld Nuñez’s conviction and rejected a separate petition for a 
	new trial.  The author, Justice Patricia Bamattre-Manoukian, said the 
	‘only reasonable inference’ from the circumstantial evidence – for example, 
	Nuñez avoided his friend, victim Ramon Morales, after stealing the guns and 
	before the killings – was that Nuñez knew a crime was planned.  The 
	panel gave little attention to the interrogation video, saying there was no 
	indication the jury gave the officers’ taped claims more weight than the 
	other evidence it heard.”
	
	“Six years after Nuñez’s trial, U.S. District Judge Susan Illston overturned 
	his conviction in a sharply worded ruling.  Illston wrote that ‘viewing 
	the entirety of the interrogation leaves the undeniable impression’ that 
	police had direct evidence tying Nuñez to the crime.  The 6th District 
	paid ‘no serious attention’ to the impact of the videotape on the jury, she 
	continued, and reached a conclusion that was ‘clearly erroneous.’  
	Prosecutors chose not to retry Nuñez.” –
	
	Mercury News
	
	Reference:   Nunez v. 
	Garcia
	
	Posted in: 
	Victims of the State, 
	Northern California Cases,
	Triple Homicide Cases