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Rodriguez responded that In gang culture, you dont name names, and said that Garcia would not benefit by his confession, but would have to live with the jacket of a snitch worse than death if one lives in the prison system.
But Pounders was not swayed. In his order Monday, the judge emphasized that Garcia is a member of the same Third Street gang as Frutis, is an admitted liar on this subject and is serving a life term . . .
The videotape of Mr. Garcias interview. . . provides little insight as to the credibility of the confession, but the audiotape of his interview by the district attorney, during which he recants his confession, is compelling, Pounders wrote. He is not credible.
The order sends Frutis back to state prison, the home of Garcia and Moran, as well as prison staffers Selvidge and Garnett. Few there will be surprised at his return. As Garnett observed upon his departure from court, regardless of the circumstances, its exceedingly rare that longtime prisoners get their cases heard, let alone overturned. Said Garnett, That only happens in the movies.