Verdict reached but sealed in 1986 rape and murder case - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Verdict reached but sealed in 1986 rape and murder case

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SAN DIEGO (CNS) - A jury reached verdicts today in the trial of a Riverside County man charged in the 1986 rape and murder of a woman in Balboa Park, but a judge sealed them pending a separate jury's decision on the fate of the defendant's younger brother.

Prosecutors said Steve Montanez, 52, led a group that robbed three people and raped and murdered Delores "Dodie" Attig in a remote section of Balboa Park more than 24 years ago.

Steve Montanez's jury began deliberating Tuesday morning. The jury considering the fate of Eddie Montanez began deliberating this morning.

In her closing argument, Deputy District Attorney Jill Schall said Steve Montanez ordered his brother, 15-year-old stepson and another man to rape the 36-year-old Attig before he shot her once in the head the morning of June 19, 1986.

Schall said Montanez, his younger brother, 15-year-old Eddie Cabanyog and Richard Archuletta traveled from Coachella to Balboa Park, and targeted Attig and two male friends who were in the park drinking, smoking and listening to music.

The male victims were thrown face-down on the ground and tied up, and Attig was dragged from a car, gang-raped and killed, the prosecutor said.

DNA taken from the victim was saved, and subsequent advances in DNA allowed authorities to enter the information into California's DNA system in 2006 and a "hit" was made, identifying Archuletta as a suspect, the prosecutor said.

After his arrest in 2007, Eddie Montanez told police that his brother raped the victim and ordered the others to "have their turn" with her, according to Schall.

DNA was found on Steve Montanez, Cabanyog and Archuletta, but not Eddie Montanez, the prosecutor said.

Eddie Montanez, now 48, testified that he was scared of his older brother, so he stripped down to his underwear and faked having sex with the victim.

Jeff Martin, Steve Montanez's attorney, said the prosecution had not proven its case beyond a reasonable doubt.

Martin urged the jury to disregard the testimony of Michael Stanton, one of the men who was robbed that night.

The attorney said Stanton was a "big doper" and "drunk" and changed his version of events a number of times.

The attorney said the DNA evidence in the case was "all messed up," with mislabelings and other errors.

Martin also accused Eddie Montanez of trying to "weasel" out of something, saying he had a motive to lie.

Archuletta was convicted of Attig's murder and was sentenced to 25 years to life in prison.

Cabanyog admitted all charges in Juvenile Court, was released from Juvenile Hall and was later convicted of carjacking and sentenced to eight years in prison.

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