By Brian Anderson
Contra Costa Newspapers

April 11, 2002

OAKLAND —Two men accused of taking part in a Dublin restaurant robbery that left a deputy sheriff dead asked to see lawyers during interrogations, nearly wiping out the chance that their subsequent incriminating statements will be allowed into trial.

Alameda County Judge Alfred Delucchi ruled Wednesday that Miguel Sifuentes and Reuben Vasquez had invoked their Miranda rights after they were arrested and should not have been subjected to further questioning.

Their statements, which record them acknowledging their roles in the Dec. 12, 1998, robbery, can now be entered into evidence only if either man takes the witness stand in their upcoming trial, Delucchi said. Pleasanton defense attorney Harry Traback had argued that investigators had danced around Sifuentes' multiple requests and indications that he wanted to see to a lawyer before talking to police. The now-22-year-old Turlock man eventually explained how he was involved in the Outback Steakhouse robbery that left John Paul Monego, 33, dead.

"They kept attempting to override his request for an attorney," Traback said. "That's exactly what they did here."

Prosecutor Jon Goodfellow had argued that investigators were well within legal grounds when they questioned the men. He said Sifuentes was ambiguous when asking at the beginning of one interview whether it was the right time to request a lawyer. Sheriff's department investigator Monte Decoste told him "we don't just pull them out of a hat," and the questioning went forward.

"The officers attempted the best they could - they're not lawyers - to answer the questions he asked of them," Goodfellow said. "They probably did more than they were required by law to do."

Delucchi also ruled Wednesday that Hai Le, another man accused of helping rob the restaurant, had made a full and voluntary statement to investigators and knew his rights before doing so. Le took the stand on Tuesday and testified to the same.