Post by KC on Jan 20, 2007 0:18:21 GMT -5
Sheriff's deputy Michael Galvan played a small investigative role in the case of Doris Castro, a sixth-grader who was strangled and dumped in a canal near Newman two years ago.
But the deputy, who worked as a Spanish translator during the initial phases of the Castro investigation, now is charged with rape and the misappropriation of public funds.
That was enough to delay the sentencing of Jose Ulisses Duran, the man who was convicted of Doris' murder after a two-month trial in Stanislaus County Superior Court.
The sentencing had been scheduled for Thursday morning, but Deputy Public Defender Graylin Bryant said he plans to file a motion seeking a new trial, and needs transcripts of Galvan's testimony before he can do so.
"This is going to be looked at very closely," he said.
Deputy District Attorney Douglas Raynaud agreed to a delay. After the hearing, he said he would not have called Galvan to the witness stand if he had known he was under investigation.
"We didn't need him," he said.
Judge Loretta Murphy Begen ordered transcripts for the defense and told the attorneys to return to court March 26, when they will discuss the status of the defense motion.
Galvan, 30, of Turlock was arrested Dec. 1, a few weeks after he testified in the Castro case. He has pleaded not guilty and was released on $350,000 bail. He is on administrative leave.
When Galvan was charged, a spokesman for the district attorney's office said officials are evaluating 142 cases Galvan was involved with and may have to drop charges if he is a crucial witness.
Defense motions seeking a new trial are common in murder cases, and needed to preserve appellate rights. They are routinely denied before a sentence is imposed.
The court apologized to Doris' parents and siblings, who were disappointed by the delay.
Duran, 22, of Gustine was the boyfriend of Doris' older sister, Cristal Castro, and a frequent guest in their home on P Street in Newman.
The authorities believe Duran choked Doris while they sat in his car on the bank of an irrigation canal, then used a belt his uncle had given him to lower her unconscious body into the murky water.
Duran became a suspect after investigators found a notation in Doris' school agenda. It said: "Doris first kiss by Ulisses" on a square reserved for Nov. 12, 2004.
Prosecutors argued that Duran killed Doris because she threatened to reveal their secret
www.modbee.com/local/story/13211508p-13850282c.html
But the deputy, who worked as a Spanish translator during the initial phases of the Castro investigation, now is charged with rape and the misappropriation of public funds.
That was enough to delay the sentencing of Jose Ulisses Duran, the man who was convicted of Doris' murder after a two-month trial in Stanislaus County Superior Court.
The sentencing had been scheduled for Thursday morning, but Deputy Public Defender Graylin Bryant said he plans to file a motion seeking a new trial, and needs transcripts of Galvan's testimony before he can do so.
"This is going to be looked at very closely," he said.
Deputy District Attorney Douglas Raynaud agreed to a delay. After the hearing, he said he would not have called Galvan to the witness stand if he had known he was under investigation.
"We didn't need him," he said.
Judge Loretta Murphy Begen ordered transcripts for the defense and told the attorneys to return to court March 26, when they will discuss the status of the defense motion.
Galvan, 30, of Turlock was arrested Dec. 1, a few weeks after he testified in the Castro case. He has pleaded not guilty and was released on $350,000 bail. He is on administrative leave.
When Galvan was charged, a spokesman for the district attorney's office said officials are evaluating 142 cases Galvan was involved with and may have to drop charges if he is a crucial witness.
Defense motions seeking a new trial are common in murder cases, and needed to preserve appellate rights. They are routinely denied before a sentence is imposed.
The court apologized to Doris' parents and siblings, who were disappointed by the delay.
Duran, 22, of Gustine was the boyfriend of Doris' older sister, Cristal Castro, and a frequent guest in their home on P Street in Newman.
The authorities believe Duran choked Doris while they sat in his car on the bank of an irrigation canal, then used a belt his uncle had given him to lower her unconscious body into the murky water.
Duran became a suspect after investigators found a notation in Doris' school agenda. It said: "Doris first kiss by Ulisses" on a square reserved for Nov. 12, 2004.
Prosecutors argued that Duran killed Doris because she threatened to reveal their secret
www.modbee.com/local/story/13211508p-13850282c.html
Who am I, one to Know about Michael Galvan.