HEBER — The unveiling of a secret star witness touched off a battle over witness credibility Tuesday as a state prison inmate took the stand to testify that convicted double-murder suspect John Pinder may not have been responsible for the murders of two of his ranch hands in 1998.
Jose "Joey" Silva, whose name had been kept tightly under wraps by Pinder's defense attorneys for more than a year, took the stand in 4th District Court to testify that Pinder's alleged accomplice in the brutal murders, Filomeno Valenchia-Ruiz, confided to him that Pinder was not responsible for the killing of Rex Tanner and June Flood in October 1998, but that "another white man" helped him.
It was in early 1999 that Silva said he got to know Ruiz while both were being held in the Duchesne County Jail. Silva said he knew that Ruiz was being held for murder at the time and claimed that the two had several conversations where Ruiz allegedly told him that Pinder was innocent.
"He said that Mr. Pinder was not involved in the actual killing, but was involved in the disposal of the bodies," Silva said. Silva then said Ruiz told him that he shot ranch hands Rex Tanner and June Flood because they had stolen a half-pound of methamphetamine from him. "He said he kind of felt bad for getting (Pinder) involved."
Silva's testimony flies in the face of what prosecutors had alleged occurred. During Pinder's trial, prosecutors alleged that he was the one who master-minded the murders of Tanner and Flood. Detectives said that Ruiz and Pinder took the couple to a remote area in Duchesne County where they shot the victims execution-style. Pinder and Ruiz then used explosives to get rid of the bodies. At the time of Pinder's trial, Ruiz had testified under oath that Pinder was present during the murders. State prosecutors had struck a plea bargain with Ruiz for his testimony. In exchange, Ruiz was allowed to serve his prison sentence for the murders in California, close to his family.
It was Ruiz's key testimony that helped sway the jury to convict Pinder on two counts of murder. Pinder is serving two consecutive life sentences in the Utah State Prison.
Upon questioning by defense attorney Andrew Parnes, Silva said he was highly concerned about his safety, saying he feared someone was going to have him killed for testifying.
"I'm going against a Mexican and that doesn't ride too good in prison," he said. For over a year, Parnes has gone to great lengths to protect Silva's identity, saying that the "Mexican Mafia would go after Silva for talking. Silva had submitted to prison officials a list of 35 inmates whom he claims may harm him.
In court, Silva said he was receiving nothing as compensation for his testimony. Silva, who was recently paroled from prison, is back behind bars for absconding from his parole officer.
Upon cross examination by deputy Utah Attorney General Michael Wims, Silva admitted that in exchange for his testimony, the Utah Attorney General's Office had arranged to have him transfer to a county jail to serve his time. Silva countered that moving him was necessary to protect his life.
The prosecution spent most of its time Tuesday trying to discredit Silva as a manipulative convict willing to lie to benefit his own ends. A variety of law enforcement and prison officials were called to the stand to testify that Silva has a reputation among other inmates as "distrustful" and manipulative."
Wims pointed out that Silva has a long criminal history, including attempted burglary and attempted drug distribution. Silva was also convicted of trying to escape from the Davis County Jail after negotiating with prison officials to have him transferred from the prison, again citing concerns for his safety.
If Pinder did not help Ruiz in the murders, who is this other "white man"?
Parnes says that other man is actually another former ranch hand of Pinder's by the name of David Brunyer, who also testified against Pinder during his trial. In previous testimony last September, two of Brunyer's sisters signed sworn affidavits alleging that Brunyer had an obsession with explosives, similar to the explosives used to get rid of the bodies of Tanner and Flood.
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