Eddie Montanez, 48, admits he was there in Balboa Park near 26th Street on June 19, 1986. He also admits he was there when 36-year-old Delores "Dodie" Attig and her two male friends were robbed. Eddie also admits he was with the group that committed the crimes, which included his brother Steve and two teenagers named Richard Archuletta and Eddie Cabanyog.
Attig was raped and murdered that early morning, but Eddie claims he didn't know his brother and the two teens were planning to commit any crimes.
"He had no particular motive to engage in this conduct -- to rape a woman and rob people -- he had a job, he had friends and family," said defense attorney Christopher Plourd.
In previous testimony, Eddie claimed he was scared of his older brother Steve and did whatever he was told to do. Eddie told police Steve, now 52, raped Attig and ordered the others to "have their turn with her." But, Eddie claims, when it was his turn, he faked having sex with Attig.
Defense attorneys said that's why DNA evidence linking Steve and the two teens were found at the crime scene but Eddie's DNA was not.
"And the conclusion that you reach is that this man has to be innocent,"said Plourd.
But prosecutors call it preposterous.
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"You know he's lying," Deputy DA Jill Schall. "They had a plan, they were looking for anybody."
Schall told jurors that Steve pulled the trigger but Eddie is just as guilty.
"You act as a pack, you go down as a pack, that's the law,"said Schall.
A jury has already reached a verdict in Steve's trial, but it won't be announced until jurors come back in Eddie's trial. If convicted, they could both get life in prison without parole.
Archuletta has already been convicted of Attig's murder and is now serving a 25 years to life sentence
Cabanyog reportedly admitted to the charges and served time in juvenile custody before being convicted of carjacking in another case.
