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A split appellate panel reversed a San Bernardino murder conviction after the appellate panel found a crucial confession was made under the threat of charging the defendant’s sons with murder.

San Bernardino Police Detective John Munoz, who the panel said threatened the defendant, retired November, 2016, said Jeff Kraus, San Bernardino Public Information Officer. The city declined to comment through Kraus due to the possibility of the District Attorney refiling for a different outcome.

A body in a trash can

A police officer spotted Enrique Jimenez and his two teenage sons, 14 and 17, when they were leaving a body in a trash can in a Highland field around midnight May 19, 2016, according to the appellate ruling. Jimenez dropped his sons off at his house before leading the police on a pursuit from Highland to Downey, about 65 miles away. Jimenez confessed to killing the victim, his Elmwood Road neighbor Morris Barnes, and was convicted of first degree murder, with an enhancement for personal use of a deadly weapon, recklessly evading an officer, and two counts of aggravated assault on a police officer, according to the appellate ruling. The court sentenced Jimenez to 29 years to life, according to the appellate ruling.

During interrogation, Munoz told Jimenez that he knew Jimenez’s sons were innocent of murder, but he intended to charge them anyway, unless the defendant confessed, the panel said.

Jimenez said at first he stabbed Barnes once, then said he stabbed him twice when Munoz asked if he did, then Jimenez said he stabbed Barnes twice in the neck and once in the back when Munoz asserted he did, the appellate ruling said.

Jimenez later testified that he gave a false confession because of the threat to his sons, the ruling said. Jimenez said the trash can with the dead body was left in front of his house, and that he disposed of it without talking to the police because he was falsely accused of a crime earlier, according to the appellate ruling.

The threat

The appellate ruling included the threat as recorded in Munoz’s interrogation.

“But you’re gonna be the one to help [your sons],” Munoz said, according to the opinion.

“Yeah,” Jimenez said.

“Because I’m gonna have to charge them with the death of this guy,” Munoz said.

“Why?” Jimenez said.

“Until I can find out what happened,” Munoz said.

“OK, well I’ll talk to ya and tell ya what happened, OK?” Jimenez said.

“OK, all right. And then once we do all of that, then we’ll be able to, you know, to clear them from this and then we’ll move on, OK?” Munoz said.

“Great. So, I mean they didn’t have nothing to do with it, I mean you know—” Jimenez said.

“Yeah, and from what I understand, it sounds like they were just like, um um asked to—to do certain things and that didn’t really, didn’t really want to get involved in any of this, so that’s understandable, you know,” Munoz said.

The appellate ruling quoted Lego v. Twomey: “The use of coerced confessions, whether true or false, is forbidden because the method used to extract them offends constitutional principles.” 

Jimenez will be resentenced.

Parties

Appellate Presiding Justice Manuel Ramirez wrote the majority opinion, which Associate Justice Art McKinster joined.

In dissent, Associate Justice Michael Raphael said Jimenez forfeited his ability to challenge his forced confession because he did not attempt to challenge his confession during trial.

Cynthia Jones of Oregon, under appointment, represented Jimenez in the appeal.

Susan Miller of the office of the State Attorney General represented the state in the appeal.

Superior Court Number 16CR021449

Appellate court number E074849Read the ruling here.

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