Defense puts killing blame on key witness

Friday, Feb. 11, 2005 | 9:07 a.m.

The defense attorney for a man charged with robbing and killing a drug dealer in March at a Fremont Street motel told the jury Thursday that the district attorney's key witness, and not his client, was the real killer.

Chris Oram, 32-year-old Rene Gato's attorney, said five-time felon Theresa Gamboa and her boyfriend, Sally Villaverde, were the true culprits in the death of Enrique Caminero Jr.

Gamboa testified last week that she was guilty of first-degree murder with use of a deadly weapon, robbery with use of a deadly weapon and burglary in Caminero's death.

"This is about justice and it's more like Alice in Wonderland," Oram said. "I should not be making this argument to you; they (the prosecutors) should."

At the beginning of the more than weeklong trial before District Judge Michael Cherry, Gamboa testified she, along with her boyfriend, Villaverde, Gato and Roberto Castro rented a room at the Capri Motel, but she was not there when Caminero was killed.

Gamboa testified Villaverde came to her home after the killing, covered in blood and water and told her after failing to duct-tape Caminero there "was a struggle and Gato shot him."

Prosecutors said Gato, Villaverde and Castro lured Caminero to the motel under the guise they were looking to purchase a large amount of cocaine, but instead robbed and murdered him. Villaverde was convicted of first-degree murder with use of a deadly weapon, robbery with use of a deadly weapon and burglary for the March 2002 death of Caminero. Villaverde was convicted of the same charges Gato faces.

Castro pleaded guilty to one count of voluntary manslaughter.

Oram conceded at trial that Gato was in the motel, his car was there, but he left at 5:15 p.m. and was not there when the killing occurred.

"This is how innocent people get convicted," Oram said. "Enough people change their testimony and you make a deal with the devil and that's what she (Gamboa) is, she's wicked."

Oram said at the very least the questionable nature of Gamboa's testimony, a person who admitted under oath she "lies to get out of trouble," should meet the burden of reasonable doubt regarding Gato's innocence.

He reasoned if reasonable doubt didn't exist "If not this case, what case?"

Chief Deputy District Attorney Scott Mitchell said even if the jury believed Gamboa was guilty, "one person's guilt does not settle the question of another person's guilt."

"He (Oram) wants you (the jury) to miss the ball and the ball is whether or not Gato is guilty of the crime," Mitchell said.

The prosecutor reminded the jury that Gato's DNA was recovered from a cigarette butt found on the floor of the motel room where Caminero's body was found and his fingerprints on a lamp post located at the feet of Caminero.