By Brian Anderson
Contra Costa Newspapers

Dec. 11, 2002

OAKLAND —In their first full day of presenting their case to jurors, defense attorneys for a man accused of gunning down a deputy sheriff outside a Dublin steakhouse recalled an Alameda County criminalist to the stand Tuesday.

Joseph Fabiny told jurors that he had not considered one scenario that defense lawyer William Cole said would have placed Deputy John Paul Monego's killer further away from the Brentwood father at the time of the Dec. 11, 1998 shooting. The crime scene analyst testified that he did not know exactly where Monego was or the position of the man's body when he was shot four years ago today.

Fabiny had already acknowledged last week that more bullet casings were found in the restaurant foyer than near Monego.

Cole contended that the shooter, therefore, could not have hovered over Monego on the front porch of the restaurant in the manner that he said a prosecutor has theorized.

Reuben Eliceo Vasquez, 27, of Modesto; and Turlock residents Miguel Galindo Sifuentes, 23, and Hai Minh Le, 23, are each charged with a first-degree murder count and special circumstances.

Prosecutor Jon Goodfellow has maintained that Vasquez killed Monego, who had responded to a 911 call made from the restaurant during a robbery attempt.

The night of the shooting, another deputy had arrived on the scene first. She was taken hostage inside the restaurant and disarmed before Monego arrived.

Goodfellow wrapped up his case Monday.