Meth user, felon key witnesses in murder trial

Wednesday, July 28, 2004 | 8:25 a.m.

Without a lot of physical evidence to support their murder case against a 20-year-old alleged gang associate, prosecutors on Tuesday staked their case on the testimony of a methamphetamine user and a three-time felon.

Aaron Daniels is facing charges of murder with use of a deadly weapon, conspiracy to commit robbery, robbery with use of a deadly weapon, and first-degree kidnapping with use of a deadly weapon for the May 2003 killing of 40-year-old Anthony Limongello, the owner of a jewelry kiosk at Fashion Show mall.

Prosecutors and the defense agree Limongello was a recreational methamphetamine user who, because of his habit, was exposed to people who ultimately robbed and killed him.

But both sides disagree on whether Daniels was one of those people.

A latent-fingerprint expert testified that Daniels' left palm print was found on the driver's side rear door of Limongello's 2002 Lincoln Navigator, but prosecutors could not prove when the print was left on the car.

They also have no murder weapon or other physical evidence to connect Daniels directly to the killing. So prosecutors are relying largely on witness testimony.

Joanna de los Reyes, 20, was brought to court in custody as a material witness on Tuesday. She began living with Limongello a week before his death. She testified Limongello was a "platonic friend" who paid for her weekly motel rooms, cell phone, and took her clothes shopping before allowing her to move into his home in a gated community.

Reyes said she was up for five consecutive days, high on methamphetamine, leading up to and including the day of the killing. She testified that her ex-boyfriend, Justin Brown, her friend Natasha Barker, and Barker's boyfriend, Bobby Harwood, "set up" Limongello's death.

Reyes testified that Barker was crying when she called her the day of the murder and asked for Reyes to pick her up at a 7-Eleven, knowing that Limongello would have to drive because Reyes had no license and no vehicle.

When Limongello and Reyes arrived at the convenience store, they couldn't find Barker, but Barker called again and said she was behind a nearby strip mall by a yellow truck, Reyes testified.

Reyes said Limongello drove to the parking lot and saw Barker talking to a man who she at first thought was either Brown or Harwood, who are both white, but upon getting close, she saw he was a 19- or 20-year-old black man.

Reyes testified it was this man who followed Barker into Limongello's car and pulled out a gun. While she was able to escape and run away, she never saw Limongello again. Reyes said Brown told her several hours later Limongello was dead.

Reyes said that when she was told that, she passed out.

Daniels' attorney, Christopher Oram, pressed Reyes about her recollection of the night of the murder and of who the black man was. Oram asked Reyes to remember her preliminary hearing testimony in which she said she couldn't say whether the man was 5-feet 2-inches tall or or 6-feet 8-inches tall.

Reyes responded to Oram's questions about whether the man could have been wearing a hat, pants, shorts, or even a "pink polka dot shirt" with the repeated answer: "Could have been."

Reyes admitted to smoking methamphetamine "a couple hours" before talking to the police four days after the murder. During subsequent interviews and after viewing a police photo line-up, Reyes had said she was "sure" Daniels was the man who pulled a gun on her and Limongello.

As Oram finished his cross-examination, Reyes stared blankly into the microphone, saying softly she was not sure if Daniels was the man who pulled the gun.

Prosecutors closed the second day of the trial by calling Nelson Rodgers, 27, to the stand. Rodgers, a three-time felon, said he was a lifelong friend of Daniels.

Rodgers' testimony was muddled with inconsistencies. At some points he contradicted statements he had made only seconds earlier.

In the end, Rodgers did say Daniels told him he was at the scene of the murder. But Rodgers also said the man who killed Limongello was Julius Bradford.

Bradford, who has not been charged in connection with Limongello's death, was convicted in May on charges of murder with use of a deadly weapon and attempted robbery with use of a deadly weapon in the killing of Benito Zambrano-Lopez, 48. He was sentenced Tuesday to life in prison with the possibility of parole after 40 years.

Rodgers claimed the only reason he gave his original statements to police was because they promised not to charge him for possession of a weapon they found in a car on his property and for roughly 21 grams of cocaine found on the ground of his property.

Deputy District Attorney Giancarlo Pesci said he never made such an offer to Daniels, making it clear he is not the police.

Rodgers agreed, to a certain degree.

"It was a promise from the police, but the police might as well be you (Pesci)," Rodgers said.

Rodgers was never charged with possession of a firearm by a felon or possession of the cocaine that officers found when they came to his house asking questions about Limongello's murder.

In court Tuesday, Rodgers laughed at the notion that people should tell the police the truth and said he does or doesn't tell the truth depending on the situation.

Rodgers is also a material witness in the upcoming October trial of Steven Perry, another man accused in the murder of Zambrano-Lopez, and at one point was so confused he had to ask "what murder" prosecutors and defense attorneys were asking him about.

The prosecution is expected to close its case this morning.