A jury found Edward James Munoz guilty of first-degree murder with special allegations that the murder was gang-related and that Munoz personally used a deadly weapon. The verdict came Wednesay afternoon after an hour and a half of deliberation. It brought closure to a more than five-year-long case that has seen 11 trial dates, multiple defense attorneys and two jury trials since single mother Leah Leister was found brutally murdered in her Clearlake apartment on the morning of March 11, 2002.
Leister”s family gathered around Chief Deputy District Attorney Richard Hinchcliff, who has prosecuted the case since it was first filed, to thank him, express relief and find out what will happen next.
Hinchcliff said he expects that Munoz”s defense attorney George Boisseau will file a motion for a new trial, which he said is standard procedure in homicide cases. If and when that happens, Hinchcliff will have at least 10 days to respond.
“I can”t think of any good ground for him to get a new trial, but I can”t make any promises,” Hincliff told Leister”s family outside the courtroom Wednesday.
Sentencing could take three to six months, estimated Hinchcliff. He noted that California Penal Code 190.2 restricts sentencing to either the death penalty or life without parole for 22 types of convictions. One of them is first degree murder that was carried out to further the activities of a street gang, and Munoz”s conviction qualifies, said Hinchcliff.
“There are certain statutory factors that have to be considered in determining whether to seek the death sentence,” said Hinchcliff Wednesday afternoon. “Our determination is that this case does not meet that criteria,” he said, adding that Munoz faces life in prison without the possibility of parole.
“I couldn”t be any happier,” said Leister”s aunt, Kelly Teague, outside the courtroom Wednesday. “It”s been a long five years.” She added that Leister”s now 12-year-old son William ? who was asleep in the adjoining room the night of Leister”s murder ? now stays with his grandmother.
Pointing to a case history that takes up nearly half of his shelf space plus two good-sized cardboard boxes and another two toms of bound paperwork sitting on his desk, Hinchcliff said he also is relieved.
He said he”s invested hundreds of hours preparing for the eight-week trial last year and for this year”s nine-week trial. “Most of the work I”ve done for preparation has been after normal business hours and on weekends, and has taken my time away from my family,” said Hinchcliff.
Munoz”s first trial ended with the jury hung 11-1 in favor of guilt in October 2006. “We put on the same trial we put on last year, and it was very frustrating to have the jury hung 11-1,” said Hinchcliff. “It”s also devastating to the victim”s family. I feel sorry for Leah”s aunt, her mother and the other family members.”
Hinchcliff noted that he was not the only one who invested long hours. Clearlake Police investigators Tom Clements and Mike Hermann put a lot of time in as well in getting the case together over the past several years. He further noted that District Attorney”s Office Investigator Jim Crane and Victim/Witness Advocate Kerri Smith helped with getting witnesses to court and dealing with the victim”s family. “Withoug the help of all four of those people, this case would”ve never come together properly,” said Hinchcliff.
Hinchcliff told Leister”s family outside the courtroom that they will be able to speak at Munoz”s sentencing hearing. “He”s being held accountable,” he said.
Defense attorney George Boisseau could not be reached for comment Wednesday afternoon.
Contact Tiffany Revelle at trevelle@record-bee.com.
