Politics & Government

Convictions Upheld in Long Beach Revenge Murder

Appellate Court finds Long Beach judge acted appropriately in two decisions that the defense filed in the case of two juveniles charged with the murder of a 16-year-old gang member.

A state appellate court panel today rejected an appeal filed on behalf of two young men who were convicted of the gang-related revenge slaying of a 16-year-old Long Beach boy. The case drew some notoriety because the mother of a defendant drove her son to the park where the murder occurred.

The three-justice panel from California's 2nd District Court of Appeal rejected claims that statements made to police by Jason Trejo and Eric Benites - - who were 14 and 15, respectively, at the time of their arrests -- should not have been heard by jurors.

The appellate court panel also found that Long Beach Superior Court Judge J.D. Lord had appropriately exercised his discretion in denying a defense request to order that Benites be housed at the California Youth Authority rather than state prison.

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Trejo and Benites are serving 50-year-to-life prison sentences for first-degree murder in the Jan. 6, 2008, shooting death of Florentino Rivera. Authorities believe Rivera was killed out of revenge for the June 25, 2007, stabbing death of Benites' 13-year-old brother, Jose Cano, in a Long Beach park, and that Benites went after local gang members for failing to retaliate for his brother's killing.

Seven teenagers and an adult were charged in Cano's killing. Eva Daley, who drove her teenage son and some of his friends to the park where Cano was killed, was convicted in 2008 -- along with co-defendant Heriberto Garcia -- of second-degree murder.

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Daley's conviction was overturned by a state appellate court panel and she is awaiting a retrial, while Garcia's appeal was denied. Six other youths, including Daley's son, admitted a manslaughter charge in juvenile court and were sent to the California Youth Authority, where they can be held until the age of 25.

--City News Service

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