Hearing Set in Disputed Murder Case

A Santa Barbara County judge has set a June hearing to determine whether an Oxnard man convicted of murder three years ago should be set free after another man confessed to the killing.

Efren Cruz, 26, was sentenced to 41 years to life in prison after being found guilty of murder and attempted murder for gunning down two men during a gang-related shooting in a downtown Santa Barbara parking garage in 1997.

But new evidence suggests Cruz may not have been the shooter.

Ventura County authorities recently obtained a taped confession from Oxnard gang member Gerardo Reyes, 28, who described the shooting during a secretly recorded conversation with a jailhouse informant, according to transcripts.

During the conversation last August, Reyes admits he “did it” and explains he was trying to protect his cousin, Cruz, from getting beat up in a fight, transcripts show.

The tape was turned over to Santa Barbara County prosecutors and a copy was given to Cruz’s defense lawyer, who filed a petition seeking his client’s release from state prison based on the new evidence.

Santa Barbara County prosecutors are fighting the attempt to free Cruz, however, arguing that they put the right man behind bars.

“[Cruz] was properly convicted and imprisoned for crimes he, in fact, committed,” said Senior Deputy Dist. Atty. Jerry Franklin in a written response filed last week.

At trial, a jury relied on testimony from a witness who identified Cruz as the shooter as well as tests that confirmed that he had gunpowder residue on his hands, Franklin wrote.

He also challenged Reyes’ confession, attaching a transcript of an interview last month between Reyes and Santa Barbara police in which Reyes denies pulling the trigger.

“I’m telling you right now, I did not do it,” Reyes said, according to a transcript of the police interview. “I was not there.”

Reyes goes on to state that he only claimed he fired the gun to help get his cousin out of prison. He states he knew the informant was wearing a wire, although he could not explain how he knew.

On Monday, defense attorney Len Chaitin filed a response brief challenging the credibility of the police interview.

“It can clearly be seen that the Reyes interview is replete with coaching and suggestive questioning,” Chaitin wrote.

For any of Reyes’ statements to be taken seriously, the lawyer added, Reyes would need to testify during the upcoming evidentiary hearing.

On Monday, Santa Barbara County Judge Frank Ochoa agreed to clear his docket for three days in June to hold such a hearing, at which the informant and other witnesses are expected to testify.

In the meantime, Cruz, an Army veteran, remains in a Santa Barbara County jail. Reyes, who recently pleaded guilty to battery charges in Ventura County Superior Court, remains in custody without bail.

Cruz, Reyes and two other men were arrested in the days after the Jan. 26, 1997, shooting, which occurred after an argument inside a State Street bar.

As two groups of men, some linked to Oxnard and Santa Barbara gangs, walked through city parking lot No. 10, shots were fired. Michael Torres, 23, of Santa Barbara was killed. James Miranda, 21, of Santa Ynez was seriously injured.

Charges against Reyes and one other suspect were eventually dismissed for lack of evidence. A third defendant pleaded guilty to a lesser charge. Cruz went to trial alone and was convicted in December 1997.