Suspect in death of sleeping homeless man acts as his own attorney during hearing
In a rare move, a murder defendant accused of stabbing and hitting the victim over the head with a rock acted as his own attorney during a preliminary hearing last week.
Darrell Hamilton, 49, is charged with first degree murder in the death of Randall Cisneros-Heimburger on Nov. 25, 2019. Both were homeless and stayed in the area of Standiford Avenue and Prescott Road, where the crime occurred.
Cisneros-Heimburger, 31, slept in the alleyway behind a business complex at 2020 Standiford. That’s where he was found dead around 8:15 a.m., wrapped in a blanket and covered in blood, according to testimony from the Modesto Police officer who was first on scene.
The county’s forensic pathologist, Dr. Sung-Ook Baik, testified that Cisneros-Heimburger died of blunt force injuries to the right side of his head and a stab wound to his chest. The victim had no defensive wounds, indicating he was attacked in his sleep.
A large river rock found on the other side of a retaining wall that runs along the back of the alley had the victim’s blood on it as well as Hamilton’s DNA, according to testimony from criminalist Stephen Cavanaugh, a DNA expert for the Department of Justice. Prior to being charged with the murder, Hamilton was arrested for being in possession of a knife. The knife was also tested; no DNA from the victim was found.
Hamilton was seen on surveillance video from the complex walking by the eastern side of the alleyway several times in the hours after Cisneros-Heimburger was killed.
Detectives interviewed multiple transients who lived in the area, some of whom implicated one another. Some also suggested two other people were involved; detectives couldn’t find them.
During cross examination, many of Hamilton’s questions of detectives were focused on what he said was a “lack of investigation” in the case.
Modesto Police Detective Aaron Caldera testified that he tried dozens of times to find two transients, one who witnesses said was violent and was seen burning his clothes around the time of the homicide and another who a witness said had previously beat up the victim.
Caldera testified that while he would still like to talk to both of them he does not consider them suspects based on the credibility of some of the witnesses and lack of evidence that tied them to the crime scene.
Judge admonishes defendant
Hamilton became frustrated on occasion during questioning, suggesting detectives were being evasive in their answers and too frequently couldn’t recall parts of their investigation. He was admonished several times by Judge Ricardo Córdova for being argumentative or editorializing, and once for swearing.
While Hamilton asked all the questions and gave his own closing arguments, he did have an attorney who acted as an advisor. Attorney Sam Getrich could be seen whispering to Hamilton between some of the questioning and at times putting a hand on Hamilton’s shoulder when he became frustrated.
Getrich said Monday he has been acting as an advisory counsel to Hamilton for several months but the preliminary hearing was the first contested hearing.
He said it was interesting being a “fly on the wall” during the hearing. He instinctively on several occasions wanted to make objections but couldn’t.
Self representation, particularly for one of the most serious offenses, is not only unusual, it is risky, said Michael Vitiello, a distinguished professor of law at the McGeorge School of Law.
“If he goes to trial it could be a disaster,” he said. “If you have someone who is battling with the judge, who is acting out ... imagine the impression it makes on the jury; it is not a pretty picture.”
One of the issues that Hamilton became frustrated by during cross examination was a detective’s inability to say who or what was on every surveillance video pulled from the area as part of the investigation.
Cisneros-Heimburger is believed to have been killed some time in the hour after midnight. Hamilton was captured on camera near one of the entrances to the alleyway in the 5 a.m. and 6 a.m. hours.
Detective Doug Ridenour Jr. testified he couldn’t recall if other people or vehicles were seen on surveillance video that he reviewed.
“We are going to pull a lot of video and go back and look at it but we can’t spend hours looking at every video,” Ridenour testified.
Based on The Bee’s description of the proceedings Vitiello said, “It seems like there is a plausible case for innocence” but Hamilton would likely have a better chance with an attorney who has the expertise and resources to build his case. An attorney and his staff could review all those hours of surveillance and look for additional witnesses law enforcement couldn’t find or possibly others they didn’t try to find.
Getrich agreed but said, “In light of everything, I thought (Hamilton) did very well for himself.”
Closing arguments
Deputy District Attorney Merrill Hoult in her closing argument said there is evidence the murder was premeditated because the rock with Cisnenros-Hemburger’s blood and Hamilton’s DNA on it is believed to have been taken from a shopping center catty-corner from where the crime occurred. It was the only place nearby with similar rocks and Hamilton would have had to carry it across the street.
Hamilton in his closing argument pointed to the testimony of Cavanaugh, who said there were many ways Hamilton’s DNA could have gotten on the rock and there’s no way of knowing which one it was.
“Transference of DNA happens, that is a fact supported by the prosecution’s own expert,” Hamilton said, “The court has no evidence as to whether the rocks touching something I previously touched is more or less likely (than) the scenario of me directly handling the rock.”
Preliminary hearings are held for a judge to determine if there is enough evidence for the case to go to trial.
In making his ruling, Córdova explained to Hamilton that he only must determine if there is enough probable cause to hold him to answer to the charges, which is a lower standard than the one used for a jury trial.
He said the rock was “the most damning evidence” but he also considered that there was a red stain found on a pair of Hamilton’s pants. While they did not test positive for blood, Córdova pointed to the expert’s testimony that such evidence could have been washed out.
Córdova also said while Hamilton wasn’t seen on video during the time of the murder, “it’s entirely possible that entry was made” on the other side of the alley where there was no surveillance cameras.
Hamilton was held to answer on the charge of murder and enhancements for using a rock and a knife. He is scheduled to return to court to be arraigned on the charges March 19.
This story was originally published March 10, 2021 at 7:00 AM.
