Lawyers for ‘Animal Planet’ to be subpoenaed
AIRPORT COURTHOUSE — A former Santa Monica gang member convicted of aiding and abetting in an unresolved murder that occurred more than three years ago is hoping footage from an episode of “Animal Planet” will help prove his innocence.
Camera crews for the cable program were on the crime scene in eastern Santa Monica on the night of the murder to film police dogs. Though scent trails picked up by the dogs were used during trial to tie Michael Herrera, 37, to the crime, attorneys on both sides didn’t know about the footage until after Herrera was convicted.
Matthew Fletcher, Herrera’s lawyer, said a portion of the tape aired on television proves the dogs didn’t tie Herrera to the crime. And he’s hoping an estimated 38 minutes of outtakes will provide more insight into the contested matter. Prosecutors and police declined to comment on the matter other than to say their case is strong. Neither side has seen the footage.
Los Angeles Superior Court Judge Antonio Barreto, Jr., on Thursday said it seemed as though lawyers for Animal Planet were trying to evade a court appearance and directed Herrera’s attorney to serve them with a subpoena, forcing them to show up.
“It’s beyond me,” Judge Barreto told Herrera, whose friends and family watched the proceedings at the Airport Courthouse near LAX. “I thought there were only three rings in a circus. In this case, there’s a fourth ring.”
Herrera, a former member of the 17th Street gang and known on the street as “Pee Wee,” has maintained his innocence since the Dec. 27, 2000, shooting. On that night, Benjamin Medina, a member of the Sotel gang, was fatally shot as he drove near the intersection of Virginia Avenue and Cloverfield Boulevard. Herrera claimed he was inside his nearby apartment at the time and ran outside to see what was going. He said he shot his gun into the ground to scare away the gang members.
But prosecutors argued at the trial that Herrera helped plan the gang-style shooting and said he changed his story to authorities several times. They admit Herrera didn’t fire the fatal shot but said he watched from across the street. They also argued Herrera didn’t shoot his gun into the ground but rather at friends of Medina after they got out of Medina’s car.
The shooter hasn’t been caught. Aiding and abetting in a homicide is considered the same as murder.
Herrera was convicted by a jury in 2002 and faces 50 years to life behind bars. He has delayed his sentencing numerous times while attempting to have his case re-heard. It’s unclear whether the Animal Planet footage will be enough to force a second trial.
Fletcher said he thinks Herrera, who has several tattoos, was convicted because of his appearance and his former gang affiliation. He added that Herrera, who has three daughters, had turned his life around before the shooting and was helping to broker peace agreements between other gang members.
“It’s one of the hardest realities to deal with in criminal defense,” Fletcher said. “White, black, yellow, brown, red — when we see someone that looks like our worst nightmare from the barrio or the ghetto, they’re going to get convicted.”
Originally published in the Santa Monica Daily Press print edition on March 8, 2004. Read the original PDF.