Bystander or killer? Jury asked to decide

Opening statements heard in carjacking-murder trial

By SUSAN HERENDEEN
sherendeen@modbee.com

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A young Modesto woman may be a murderess who helped plan a carjacking that ended in a stabbing death, or an innocent bystander who was just along for the ride, according to attorneys who gave opening statements during a trial that began Monday in Stanislaus County Superior Court.

The distinction could mean the difference between life in prison, a conviction on a lesser charge or an acquittal for Monica Arias. And it is the main question 12 jurors will be asked after attorneys present evidence about the death of Joseph Badal.

The attorneys said Badal, 48, may have been looking for love when he hooked up with Arias and her friend Ramon Guardado on May 10, 2006. The Hilmar Cheese machine operator found trouble instead. His body was dumped from his Toyota 4-Runner shortly after 8 p.m. in the 2400 block of Parkdale Drive.

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"Badal either tried to get out of the car, or the door opened up and he fell out, or he was pushed out," said Chief Deputy District Attorney Gerald Begen. "We don't know."

The investigation into Badal's death began minutes later, because a man who lived in that neighborhood southeast of Modesto called 911 after he heard the sport utility vehicle hit a telephone pole. He said he saw a Latino man and a young woman with a ponytail speed away from the scene.

Authorities say Guardado, 23, of Modesto attacked Badal from behind, slashing his chin, forehead and shoulder before delivering a fatal blow that pierced Badal's heart.

Hours later, Arias, 22, was arrested at the wheel of Badal's SUV. Sheriff's detectives picked up Guardado the next day. They are being tried separately. A teen who was not in the car at the time of the stabbing, but who is believed to have helped clean up the mess, is expected to testify against them.

Defense attorney Robert Wildman said a fight broke out because Badal tried to kiss Arias, who overreacted because she had been raped when she was 15. The attorney said Arias sold drugs but did not plan the carjacking, as is claimed. He said Arias went along with a cover-up, because she was afraid of Guardado.

"She was scared, because she knew she was the only witness to what happened," Wildman said.

The prosecutor said the jury will hear from witnesses who believe Arias planned to steal from Badal, who was separated from his wife and was interested in a romantic relationship with one of Arias' friends. Phone records show several calls between Arias and Badal in the hours before his death.

The defense attorney said an alleged admission by Arias was coerced.

He said testimony from Arias' underage boyfriend is unreliable, because the boyfriend pointed the finger at Arias after a detective said the 16-year-old would be charged with murder.

The defense attorney also said Arias will testify during the two-week trial. She must convince the jury that she did not plot against Badal, because killing during the commission of a carjacking automatically amounts to a first-degree murder conviction and lifetime prison sentence.

Arias is held in lieu of $10 million bail; Guardado is held without bail.

The teen who will testify against them was tried as an accessory to murder in Juvenile Court and accepted a deal that let him avoid a commitment to the California Youth Authority. The Bee is not naming him because he was a minor at the time of the crime and has not been charged as an adult.

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.