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Davis Enterprise, The (CA)

Ruling on Hirschfield trial awaits
   Lauren Keene/Enterprise staff writer
Published: February 25, 2007
SACRAMENTO — Both the prosecution and defense rested their cases Friday at the preliminary hearing for the man accused of killing UC Davis sweethearts John Riggins and Sabrina Gonsalves in December 1980.

But a ruling as to whether Richard Joseph Hirschfield should stand trial won't be made until at least March 9, when attorneys are scheduled to argue various motions in the death-penalty case.

Hirschfield, 58, is charged with two counts of murder with special circumstances in connection with the students' deaths. He was arrested in 2004, about two years after being linked to the case by DNA evidence.

A few months after the DNA match, Sacramento County sheriff's detectives confronted both Hirschfield and his brother, Joseph, who lived in Rancho Cordova — not far from where the slain students' bodies were found — around the time of the murders.

Joseph Hirschfield committed suicide a day after that confrontation, a shocking twist to the case that was the subject of much of Friday's testimony in Sacramento Superior Court.

The sheriff's detectives questioned Richard Hirschfield's younger brother on Nov. 19, 2002, at his workplace, a Cadillac dealership where he was a mechanic, near his Beavercreek, Ore., home.

He came home from work about two hours earlier than usual that day, his face reddened and looking "ready to explode," testified Dan Cabral, a Sacramento County Sheriff's Department homicide detective who interviewed his widow, Lana.

"He was home early and went straight for the booze," both of which were unusual behaviors, Cabral said.

Joseph Hirschfield left the house the next morning, seemingly headed for work. He was scheduled to attend school afterward, but did not return home that night — also out of the ordinary, Cabral said. The following morning, Lana Hirschfield found her husband dead in his car inside their barn, where he had poisoned himself with carbon monoxide.

On the car windshield and next to his body were pages of a suicide note, a redacted version of which was read in court Friday.

"I have been living with this horror for 20 years," Cabral read. "I was there, my DNA is there. ...I am so sorry."

Despite his claim, Joseph Hirschfield's DNA has not been detected on any evidence in the case. The sheriff's detectives who questioned him did not accuse him of the crimes, but rather asked where he lived and about his brother's whereabouts at the time of the murders.

Although the suicide note also reportedly implicates Richard Hirschfield, Judge Trena Burger-Plavan, who is presiding over the preliminary hearing, ruled earlier this month that parts of the note referring to him could not be introduced in court, since the note's author cannot be cross-examined.

An investigator for the Sacramento County district attorney's office, Derrick Greenwood, also testified Friday regarding Hirschfield's 1975 conviction for a robbery/rape at a Mountain View apartment, a crime that prosecutor Dawn Bladet has said bore striking similarities to the 1980 murders.

Hirschfield was released from a Vacaville prison about five months before Riggins' and Gonsalves' deaths. Authorities believe he may have become familiar with Gonsalves after seeing her at UCD, where he reportedly sat in on classes but was not enrolled at the school.

Hirschfield has pleaded not guilty to the charges against him. His attorneys have challenged the validity of the DNA evidence, which they say may have been mishandled or contaminated over the past 26 years. They also presented testimony from a retired Davis police detective who built a case around four other suspects in the murders during the late 1980s.

Supervising Assistant Public Defender Linda Parisi also indicated Friday she plans to contest the legality of a cell search conducted in November 2002, when Hirschfield was serving time for child molestation in a Washington state prison.

While Hirschfield was submitting hair and body-fluid samples for DNA testing, a prison investigator initiated the search, which reportedly revealed a series of maps with the words "Davis," "Sacto" and "Sabrina" written on them.

"It is often that individuals keep records of their crimes — newspaper clippings, writings, and it is often found inside prison cells," Cabral, the sheriff's detective, testified Friday.

Originally expected to last one to two days, Hirschfield's preliminary hearing has instead stretched out over a month due to the large number of witnesses brought in to testify, as well as a lack of available court days for the case to be heard.

The hearing is scheduled to resume at 10 a.m. March 9 in Department 42 of the Sacramento County Courthouse.

— Reach Lauren Keene at lkeene@davisenterprise.net or 747-8048.

Sunday, February 25, 2007


Copyright, 2007, The Davis Enterprise. All Rights Reserved.





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