Forensic psychologist testifies in Modesto double homicide trial

A forensic psychologist testified this week that there’s an increased chance of error when someone who was under attack tries to identify a suspect.

Scott Fraser’s testimony was part of a trial for Aaron Aguilera, Joe Luis Ramirez and Randy Sifuentez. They are accused of murder in the shooting deaths of 10-year-old Epifanio Ramirez Jr. and 29-year-old Jason Cyphers.

The forensic psychologist, who has testified throughout the country in criminal and civil cases, studies and conducts research on human memory in criminal cases. His expertise includes the effect of stress and other factors on the brain.

“Our memories are always incomplete. We have gaps,” Fraser told the jury Wednesday. He said people, sometimes without knowing, use information gathered from other sources to fill in those gaps.

The shooting occurred July 28, 2009, at a home in the 100 block of Santa Barbara Avenue in Modesto’s La Loma neighborhood.

Defendant Joe Ramirez is not related to the slain boy or his father, Epifanio Ramirez Sr., who is believed to have been the intended target in the shooting.

The boy was inside the home when a stray bullet struck him. Cyphers was in the home’s open garage with the boy’s father and three other people when shots rang out.

A black screen covered the open garage. They heard someone walking up to the garage. Someone outside asked for Epifanio Ramirez Sr., who testified that the voice from outside sounded like Aguilera’s. Then the gunfire erupted.

Epifanio Ramirez Sr. also has told the jury that he ran outside and spotted Aguilera and another man running from the home.

Fraser testified that trees obstructed the view of the suspects from where Epifanio Ramirez Sr. says he was standing after he ran outside. The father also ran from a well-lit garage out to a dark street, which would have reduced his ability to recognize the suspects, according to Fraser. He said it’s similar to the experience of walking into a darkened movie theater – the eyes need time to adjust.

The forensic psychologist said the body’s response to fear is to prepare for danger, affecting the blood flow, especially to the brain. He said it’s similar to the frightful jolt experienced while watching a horror movie. Fraser said it reduces the amount of information processed by the brain.

“We are simply focused on one thing – survival,” Fraser told the jury. The more complex the stressful situation is, the harder it is to retain details observed, he said.

Bias also plays a role in affecting a witness’s reliability in identifying a suspect – for instance, when the witness is identifying a suspect who is different or from a group he or she doesn’t like, he said.

Fraser testified that a false positive in identifying a suspect is more likely to occur when bias affects the witness. “Saying that’s the person, when it really isn’t,” he explained to the jury.

Epifanio Ramirez Sr. has testified that he was involved in a shootout with Aguilera and Sifuentez about a month before the attack at his home that killed his son and his friend.

Authorities say the double homicide was the result of gang retaliation. Epifanio Ramirez Sr. was a former member of the Norteño street gang who went on to sell methamphetamine out of his home on the gang’s turf, authorities say. The father has testified that the defendants are Norteño gang members.

Defense attorneys this week began presenting their evidence and testimony for the jury in the lengthy trial that started in late April.

On Tuesday afternoon, Misty Hernandez testified that she witnessed a shouting match between parents days before the deadly shooting. She used to live in the same neighborhood.

She told the jury that a boy from the home of Epifanio Ramirez Sr. had been involved in a pellet gun incident with a boy from across the street. One of the boys had shot the other in the face with the pellet gun. An argument ensued in the middle of the street between the boys’ parents.

Hernandez testified that she couldn’t remember what exactly was said. But she remembered hearing one parent say, “If you’re messing with my child, you’re messing with me.”

During cross-examination, Hernandez said the mother who lived across the street from the Ramirez home is known in the neighborhood for being a crazy, loud and rude woman. She was involved in the shouting match with people from the Ramirez home.

Robert Winston, Aguilera’s attorney, gave his opening statement to the jury Tuesday afternoon. The court allows attorneys to withhold their opening statement until midway through the trial.

Winston waited to speak to the jury until after the prosecution was done presenting its evidence and testimony. He explained to the jury that he will be calling up three expert witnesses, including the forensic psychologist, an expert to help re-create the crime scene and a former federal prosecutor familiar with the process of plea deals.

Winston told the jurors they should reserve their judgment until they hear evidence from both sides. The defense attorney said, “There is more to the story.”

This story was originally published July 9, 2015 at 5:53 PM with the headline "Forensic psychologist testifies in Modesto double homicide trial."