Comments on: Jury acquits man in ’03 cold-case homicide retrial

By: Former Juror

Former Juror — Sat, 02 Mar 2013 08:32:01 +0000

As a juror on the previous trial, I can tell you we never questioned if the DNA under the victim’s fingernail was Cruz’s. The science was solid and most of us never had any doubts about that at all.

Nor did we seriously question whether Gallegos’ DNA could have been present as well, masked by the profiles of the victim and the defendant. That was ‘smoke and mirrors’ for the most part, as Gallegos wasn’t the one on trial, though that was hard to remember at times.

The ONLY question (for 8 of us) was “Is it reasonable to believe that the DNA got there some other way than during the attack?”

The case for ‘secondary transfer’ was very strong, and many of us felt that the miniscule amount of genetic material (4 nanograms according to the DOJ evidence tech at the time of the first trial) easily could have been picked up from the computer keyboard that the defendant touched just a week or two before the crime… or from the ‘cookies and cola’ that the victim’s daughter got from the suspect just the day before. A suspect who was, by the way, documented by an ER doctor to have been conjested and phlegmy with bronchitis.

So to the commentor above, yes it was an EXTREMELY small bit of flesh – too small to really even be called a ‘bit of flesh’ – at least in the former trial, it was referred to only as ‘genetic material.’ It was testified that a gram is about the size of a quarter of a sugar cube and a nanogram is ONE BILLIONTH of a gram! We even asked, and received clarification from the Prosecutor’s forensic witness, the amount was so small, he couldn’t say what the foreign DNA was suspended in. (We wanted to know if it was mixed with the victim’s own blood as that would give us a hint as to when it got there.)

To another commentor above, yes, the Public Defender was amazing. He renewed my faith in the US Justice System. Not to say that the Prosecutor did a bad job, she was passionate and determined, but we just could not get around the fact that the ONLY evidence against Ricardo Cruz was literally a microscopic speck.

By: ...

... — Fri, 01 Mar 2013 05:38:16 +0000

That must have been one minute piece of flesh. I don’t generally see bits of me fall off when I type, nor do I see bits of me land on a mirror when I sneeze, because I simply do not sneeze on mirrors. I certainly hope he is innocent. If not, shame on the jurors. If so, good job justice system.

By: ...

... — Fri, 01 Mar 2013 05:37:56 +0000

That must have been one minute piece of flesh. I don’t generally see bits of me fall off when I type, nor do I see bits of me land on a mirror when I sneeze, because I simply do not sneeze on mirrors. I certainly he is innocent. If not, shame on the jurors. If so, good job justice system.

By: smh

smh — Fri, 01 Mar 2013 02:48:11 +0000

Lol… let me get this straight. Just because someone called him by his last name you got offended? Get a thicker skin…

This guy has gone through enough. For the Judge to request payment of $80,000 is just ridiculous. Collect the money after he sues the county for millions…

By: offended

offended — Fri, 01 Mar 2013 01:38:34 +0000

I would ask that you refrain from referring to this guy as Cruz. I know its his last name but it is also mine and several million other people on here and we don’t want him simply identified as “CRUZ” because that may reflect on us.

By: Confused

Confused — Thu, 28 Feb 2013 17:37:32 +0000

What The???? Are you serious Judge? Didn’t this guy go through enough!? I read all the accoounts of this on Daily Republic AND The Reporter and everyone EXCEPT for this (must be) AWESOME Public Defender rakes the guy over the coals-AND-The Public Defender Objects to the payment!!! This judge obviously is biased and wanted him found guilty. Thankfully, a GREAT Public Defender (gosh they DO exist!), and a jury-OF HIS PEERS-believed in this Navy Veteran. This guy Cruz should sue the county for that same money-80K- AND millions more for 2 and a half years of his life, reputation, personal and professional scars that may never heal. That judge is CRAZY!!!!!!!

By: Justice

Justice — Thu, 28 Feb 2013 15:34:05 +0000

I do not know anything more than what was printed in the newspaper. The fact that he was found not guilty is what our justice system is all about. However, for the Judge Foor to access him $80k for the PD office is appalling at the minimum. This judge is not thinking right. He should drop that claim and hope this guy does not sue for millions for wrongful prosecution which If I was on the jury, would vote to give him millions! The nerve of this judge and in our next election, I will remember this nonsense amount.