Torrez Slaying Probe Twists Could Hurt--or Help--Case

If anyone is ever brought to trial for the killing of a Cal State Fullerton honor student in 1994, the case’s history so far may come back to haunt the attorneys, a legal expert said Friday.

Xavier Francisco Lopez, 25, of Anaheim, who had been arrested Wednesday as a suspect, was released from jail on Friday after the district attorney’s office concluded there was insufficient evidence to prosecute him. Before Lopez, police had named his cousin, Sam Lopez, as a suspect, but he was never charged.

“When they really do arrest somebody, the defense will claim that ‘the evidence can’t be that solid because they went around and arrested everybody,’ ” said Laurie Levenson, associate dean of the Loyola University law school. She said a jury could think, “There were problems before; how did this miraculously become a solid case?”

On the other hand, she said, “The prosecutors will go, ‘Yeah, we checked out the other suspects. They weren’t the ones. We waited until we had the right guy.’

“It’s a double-edged sword,” she said.

The body of Cathy Torrez, 20, was found in the trunk of her Toyota a week after she disappeared on her way home from work on Feb. 12, 1994.

Placentia police originally named her then-boyfriend as their suspect, but they never gathered sufficient evidence to seek charges.

When they arrested Xavier Lopez this week, they cited new evidence gleaned in the last month. But the district attorney’s office refused to prosecute.

After walking out of the Orange County jail about 12:30 a.m. Friday, Lopez nervously combed through his light brown hair and pressed a small crucifix to his lips while on the phone with family members, telling them of his release.

After receiving bear hugs from his father and brother, Lopez said he was upset about the arrest and the subsequent two days of detainment and questioning.

“It’s a waste of my time,” he said. “I don’t know what they were doing. I don’t think they know what they were doing.”

Placentia police spokesman Matt Reynolds said investigators from his department, working with detectives from the Orange County Sheriff’s Department, believed they had enough evidence against Lopez to justify charges.

“It’s back to the drawing board,” Reynolds said. “It’s just a matter of being able to get more building blocks and dig a little deeper.”

Torrez’s family has faith in the Police Department and is confident investigators got the right man, said family friend and spokesman Albert Gonzales.

“We’re feeling that the D.A. is looking for a hands-down, easy case,” Gonzales said. “We’re feeling that the D.A. needs to take the risk the family is willing to take, to go on with the case.”

Even if that means risking acquittal, Gonzales said, “they’re willing to take that risk to bring closure.”

Deputy Dist. Atty. Rick King bristled at the suggestion his office is looking for a guaranteed conviction.

“The analysis was, ‘Is this the right person?’ And at this time, there was insufficient evidence to conclude that the person the police arrested is the person who murdered this young innocent victim,” King said.

Levenson, the Loyola associate dean, said such machinations occur “more than people think.”

Police “don’t want to let a potential suspect get out of their grasp, but it’s the job of the D.A. to put the brakes on,” she said. “In some ways, it makes the prosecutors look more professional; they’re acting responsibly.”

Reynolds defended the arrest, saying police feared the suspect would flee if they waited for a warrant.

King would not comment on that strategy.

Reynolds also said he did not think the multiple suspects and the lack of charges against either would hurt the department’s credibility in a future trial. He said he is still confident that once investigators get enough evidence, they will get a conviction.