Crime & Safety
Updated: Achilli Murder Middleman Gets 25-to-Life
Before sentencing, Santa Clara County Superior Court Judge David Cena denies Miguel Chaidez's motion for a new trial.

Miguel Chaidez, the convicted middleman in the murder of was sentenced to 25 years to life in prison Thursday afternoon.
During a court hearing in Dept. 34 of Santa Clara County Superior Court in San Jose, Judge David Cena denied Chaidez's motion for a new trial.
The sentence means Chaidez won't be eligible for parole until after serving 25 years. Accompanied by attorney Jim Leininger, the shackled Chaidez remained silent during most of the proceeding, addressing the judge only after he asked him if he understood how he could appeal the sentence in 60 days.
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Two of Achilli's friends, Chuck Cucco and Scott Meyer, were present. Both expressed relief with the sentence, although they said they would have rather the judge give Chaidez a life of incarceration for the first-degree murder conviction he received by a jury last October. Also attending were Chaidez's mother as well as Sgt. Matt Frisby, the lead investigator in the case.
Santa Clara County District Attorney Jeff Rosen, who prosecuted the high-profile, murder-for-hire case, asked Meyer if he cared to speak during the proceeding, but the longtime friend of Achilli said that although he wanted to, he feared he couldn't get through it without an emotional breakdown.
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"It was an appropriate sentence," Rosen said, explaining that the 25-to-life judgment came about because of Chaidez's minor criminal record and the fact that he had confessed to his participation in the crime.
Before the sentencing, Leininger asked for several revisions to his motion for a new trial motion, clarifying that Chaidez bought drugs, not sold them, and that he was arrested in a public place with a "gun pointing at him" without warrant for his arrest. He also wondered why his client had been allowed to testify without immunity.
Leininger also expressed concern about what he called a "white-bread jury" that convicted Chaidez along with the three other men the prosecution said were involved in the killing. He said jurors weren't representative of the men's cultural backgrounds and misunderstood the men's expressions, particularly an expression that the judge believed was the order to kill the victim.
Rosen countered that the evidence against Chaidez was overwhelming. He said authorities had oral and taped confessions from him about the murder, his computer records had a search for Achilli's photo and there was evidence of money transfer from Daniel Chaidez, the former Mountain Charley's Saloon bouncer, believed to have also participated in the crime.
The judge concurred with Rosen on all points, saying the prosecution even had his confession to negotiating the price for the killing and that he hired shooter Lucio Estrada to do the job and "take care of it."
Estrada has been sentenced to life in prison without the possibility for parole and believed mastermind, Paul Garcia, is expected back in court April 21 as his new attorney reviews trial documentation to determine if there are any motions that need to be filed prior to sentencing. He's also facing a sentence of life in prison without parole.
"All these facts support the jury's findings that the defendant had the requisite intent" to kill, Cena said, alerting Chaidez that he could never own a firearm and would have to pay a restitution fine of $4,000. He was remanded to the custody of the California Department of Corrections of Rehabilitation, where he will be assigned to a state correctional facility to serve his term.
Leininger was appointed to represent Chaidez last year by the Independent Defense Office. Chaidez's previous attorney was Oscar Perez. He has served a total of 1,085 days in prison,which will be taken out of his total prison sentence of 25 years.
Chaidez's mother, who speaks only Spanish, declined to be interviewed, as did his other relatives present during the sentencing.
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