Overturned; Teen unaware of admission's consequences

By JULIAN AGUILAR, LAREDO MORNING TIMES
06/05/2008

The murder conviction of a Laredo teenager allegedly hired by the Gulf cartel to execute a rival gang member has been overturned by the Fourth Court of Appeals in San Antonio.Rosalio Reta, 18, was sentenced to 40 years in state prison last year after he pleaded guilty to the 2006 murder of Noe Flores. Flores was gunned down at a party on East Frost Street after his assassins mistakenly took him for his half brother Michael Lopez.

Prosecutors said Reta and two other teens were hired to kill Lopez by high-ranking cartel member Miguel Treviño Morales, or "El Cuarenta." Morales is believed by law enforcement officials to be one of the major players in the cartel's operations in Nuevo Laredo.

The decision comes after the appellate court ruled juvenile magistrate Javier Montemayor Jr. did not properly examine Reta after Reta offered his written statement explaining his role in the ambush.

In the statement, which he gave when he was 16, Reta admitted to being the driver of the car used in the slaying.

The statement followed Reta's extradition from Mexico, which prosecutors said he sought on his own.

During Reta's trial, his court-appointed attorney, Eduardo Peña, said the admission of the written statement would have ultimately led to his client's conviction and subsequently led to the guilty plea and the 40-year sentence.

Peña made a motion to suppress the written statement during the trial because he said his client was not properly advised of the consequences, but State District Judge Joe Lopez denied the motion.

The sentence, Peña said, was agreed to only after he secured his client's right to an appeal based on Lopez's denial of the motion to suppress.

The opinion from the Fourth Court of Appeals states, "Because the magistrate did not examine Reta after he made his statement, or make any inquiry to determine that Reta understood the nature and contents of his statement, the trial court erred in denying Reta's motion to suppress."

Judge Lopez said the case is still ongoing and declined to comment with respect to the reversal.

Montemayor said he hadn't read the brief and could not comment at length about the ruling.

He added, however, that he makes every attempt to ensure a defendant's rights are always honored.

"It's unfortunate," Montemayor said of the court's decision. "We always try to make sure all the rights are protected for every individual."

Reta faces a separate murder trial later this year for the 2005 shooting death of Moises Garcia, who was gunned down outside a Laredo Torta-Mex restaurant. Prosecutors allege Reta was the actual triggerman in that shooting.

Assistant District Attorney Jesse Guillen said the appellate court's decision might affect the timeline of that trial.

"I suppose we'll redo this case again before going to the second one," he said, adding that he is confident the state will secure a conviction if the case is retried.

"I think we have more than enough evidence. The strongest points are that his fingerprints were found (on a pack of cigarettes) in the vehicle that was used and there are the statements given by his co-defendants."

One of the co-defendants in question, Gabriel Cardona, pleaded guilty to the Flores murder and four others and is currently serving an 80-year sentence in state prison. Jesus Gonzalez, who prosecutors said was the final member of Reta's three-man hit squad, remains at large and is believed to be in Mexico.

Peña said that without the written statement, the state's case against his client has taken a substantial blow.

"There is no eye-witness identification," he said, "and without a written confession now, really, what they have is a circumstantial-evidence case."

Guillen said the district attorney's office has other options as well, including filing a petition for discretionary review. He said prosecutors have 30 days to file that petition. In the meantime, Guillen said, the state will continue to urge Reta remain in custody.

"We are going to make sure the defendant remains without bond because he is a high-flight risk and because of the threat he poses to the public."

Last year's trial offered a frightening glimpse into the inner workings of the cartel responsible for wreaking havoc on Laredo and Nuevo Laredo a few years ago.

Reta originally entered a plea of innocent, and during the first two days of testimony, detectives and prosecutors provided details on how the hitmen were recruited, how the vehicles used in various hits were procured, and how the cells would communicate with each other before an ordered hit.

On the third day of trial in a heavily guarded courtroom, however, Reta changed his plea and effectively put a stop to the flow of information that had to date, hardly been made public.

(Julian Aguilar may be reached at 728-2557 or by e-mail at jaguilar@lmtonline.com)


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