Case Name: People of the State of California v. Peter Montellano and Basilio Reyes

Case Description: The facts surrounding this brutal murder were the embodiment of the urban nightmare, which explains its being profiled on the television show "LA's Most Wanted." The victim and his pregnant wife left a birthday party at a friend's house in an unfamiliar neighborhood. They took a wrong turn and ended up on a one-way street going the wrong way. Unfortunately, that street was controlled by the Geraghty Lomas gang. When the victim began to reverse his car, he was surrounded by gang members, one of whom held a handgun and the other a pump shotgun. They both fired at the victims' vehicle, fatally striking the driver in the face, neck, chest, and head. His wife was shot in the face and head.  

The victim's wife, understandably distraught by her husband's murder, left the country to be with family in Mexico for almost three years. When she returned, she was able to identify defendant Reyes. Two other key witnesses were two fellow Geraghty gang members who told the police the defendants had admitted being the shooters; at trial these witnesses both recanted their statements to police. A young woman who lived very near the crime scene and observed the crime also recanted her statement, undoubtedly in fear for her own safety. The defense called other gang members to testify in a manner that suggested that the two who had spoken with police were actually responsible for the crime. They and family members and girlfriends of the defendants attempted to establish an alibi.

The defense also called an expert in the area of eyewitness identification in an attempt to call into doubt the ability of the victim's wife to make an accurate identification considering the circumstances of the crime itself and the length of time between the crime and the identification. She also questioned the police techniques in interviewing her and in obtaining a photographic identification of defendant Reyes.  

The case was highly emotional for several reasons. As the jury members indicated after the trial was concluded, they were understandably upset by the unprovoked and random nature of this monstrous crime against innocent and unsuspecting victims, as well as by the fact that the surviving victim had been pregnant and lost the baby as a result of the shooting.   The extremely aggressive nature of the defense, especially in cross-examining the surviving victim, made the jurors feel she was being victimized again. These factors and others angered and saddened the jury, and together with the cold facts of the case contributed to their quickly convicting both defendants. Defendant Montellano was sentenced to 25 years to life in prison, plus another life term plus 8 years. Defendant Reyes was sentenced to 25 years to life in prison, plus another life term plus five years.