California murder conviction overturned due to misuse of jailhouse informant

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California murder conviction overturned due to misuse of jailhouse informant
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Retired California Detective David Rondou failed to disclose he paid the informant $11,000 after he testified against murder suspect Ramon Alvarez. Prosecutors will not seek a new trial.

A federal judge has overturned the murder conviction of a Santa Ana man found guilty in 2012 of shooting a fellow gang member in the head and stashing his body in a children’s pool. Prosecutors will not seek a new trial.

“A reasonable fact finder would not credit Detective Rondou’s testimony about the money to Gonzales,” Stevenson concluded. “Detective Rondou’s testimony was implausible because no evidence corroborated his testimony that the purpose of the money was Gonzales’ burial expenses.” An autopsy showed that the muzzle of an assault-type rifle had been placed against the side of Leal’s head and fired. His brains and ice were found in a plastic bag beside his body in the pool. Other nearby bags contained blood and dirt.

The promise of payment to Gonzales and his history as an informant was withheld from the defense and the trial jury — a violation of the Brady disclosure law. Gonzales later said he was instructed by police to testify that he was not promised anything and to deny that he was an informant in any prior case.

Retired prosecutor Mark Geller denied Rondou’s contention that he knew in advance about the payment. Gonzales’ daughter also denied Rondou’s statement that she phoned him and was worried about money to pay for her father’s pending burial expenses.

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