This is another case of "death by sexual circumstances."10-6-2010 California:
A Fullerton man strangled his neighbor, who had muscular sclerosis, because he caught his 18-year-old son in bed with the 43- year-old woman, and then dumped her body in San Bernardino County nearly three years ago, a prosecutor told jurors Tuesday.
However, Guillermo Rodriguez's attorney told jurors in opening statements of the 43-year-old man's murder trial that the evidence will not show his client killed Donna Dutton, and that a more likely suspect could be the defendant's son.
Guillermo Rodriguez Sr. is charged with murder, criminal threats and dissuading a witness from testifying.
Rodriguez threw a party Oct. 15 at the Streams apartment complex at 1251 Deerpark Drive where he worked as a maintenance man and lived with his two sons, including Guillermo Rodriguez Jr., and his girlfriend at the time, Deena Derouchey, Deputy District Attorney Steve McGreevy said.
Rodriguez was dating Derouchey while he was still married to Christina Rodriguez, whom he had previously lived with in Victorville near where Dutton's body was dumped, McGreevy said.
Dutton and Rodriguez were friends and the victim brought along her daughter, who was 12 at the time, to the party, McGreevy said.
Rodriguez's attorney, Associate Public Defender Hector Chaparro, said Rodriguez was celebrating because after years of effort he had won back custody of his sons. The attorney did not say why the boys were in protective custody.
Dutton, who had been smoking medical marijuana that night and was drinking, got drunk at the party but didn't stay for dinner, McGreevy said. About 10 p.m., she got into an argument with her husband, Daniel, and went back to Rodriguez's party, the prosecutor said.
The Fullerton police were called sometime after midnight because the party grew so rowdy. Still, about 1 a.m., Rodriguez and his girlfriend went to a nearby liquor store to get more beer, McGreevy said.
They weren't able to get any more liquor at the store, but when they returned Rodriguez saw his son coming out of the bedroom zipping up his pants, McGreevy said. Dutton was in the bedroom nude, the prosecutor added.
"Donna argued with him and said she was going to call protective services," McGreevy said, adding that's when Rodriguez told his son and girlfriend to leave the room.
Dutton could be heard screaming for help and saying, "I just want to go home," McGreevy said.
"The defendant took off his belt, wrapped it around her neck and strangled her until she died," McGreevy said, adding Rodriguez warned the others not to say anything.
The next day when Derouchey returned from work, Rodriguez made his son and girlfriend help put the body in the car, McGreevy said. Then Rodriguez and Derouchey drove up to the Victorville area with body where it was dumped, McGreevy said.
Five days later, hunters found Dutton's body next to Highway 138 in rural Devore in San Bernardino County, McGreevy said.
Fullerton police interviewed Rodriguez, his son and Derouchey multiple times from October through March 2007, McGreevy said. In December 2006 Rodriguez allegedly confessed to his wife at a Fullerton Laundromat, and she went to authorities in March 2007, the prosecutor said.
Rodriguez is also charged with trying to persuade his wife to not cooperate with authorities, and a phone call the prosecutor said will prove that will be played for the jury, McGreevy said.
In May 2007, Derouchey agreed to testify for the prosecution when she was granted immunity from being charged as an accessory to the murder, McGreevy said. Rodriguez was arrested May 31, 2007, and his son pleaded guilty Jan. 8, 2008, to being an accessory to the murder and was sentenced to a year in jail and three years of formal probation.
Chaparro told jurors they cannot depend on the testimony of Derouchey and Rodriguez Jr. because they both cut deals with prosecutors. He suggested that after several interviews with police, the two just told investigators what they wanted to hear to escape murder charges.
Chaparro said Dutton was prone to mood swings and explosions of anger because of her disease and her drinking and drug use. The defense attorney said she seduced Rodriguez Jr. as they smoked "a bowl or two" of marijuana.
Rodriguez Jr. did not tell police initially that he had sex with Dutton because he was afraid they'd view him as a suspect, Chaparro said. The defense attorney said police threatened him with a rape charge if he didn't cooperate.
Derouchey's testimony is equally suspect, Chaparro said.
"She didn't go to police and say she had a change of heart, I lied," Chaparro said.
Instead, she went to an attorney, composed a statement to police and then regurgitated investigators' theory of what happened when Dutton was killed, Chaparro said.
Jurors should be skeptical of Christina Rodriguez as well because she wasn't a witness to the slaying and she had an unusual relationship with her husband and his girlfriend Derouchey.
Before the murder, Christina Rodriguez left the Fullerton apartment with her two daughters when she learned of her husband's affair, Chaparro said.
"She was not happy about this -- upset, jealous," Chaparro said.
After Dutton's murder, Derouchey, who was a rental agent at the apartment complex, was fired from her job along with Rodriguez because they violated rules against co-workers dating, the defense attorney said.
The two then went to live elsewhere in Fullerton and for some reason Christina Rodriguez went to live with them and Rodriguez's four sons, Chaparro said.
Rodriguez told his wife about the murder because he was attempting to woo back Christina, who wanted Derouchey out, and Rodriguez wanted to protect his son, Chaparro said.
"He was so very intent on not letting them get taken away that he would do whatever it took to protect his sons," Chaparro said.
"At the end of the day, the question is going to be, `Is the right person on trial?' " Chaparro said. ..Source.. Contra Costa Times
