Saturday, September 30, 2006

After spending 2 years in jail, Cambodian man cleared of double murder but will face deportation

09/30/2006
Charges dropped in double-slaying

By LISA REDMOND, Sun Staff
Lowell Sun (USA)

LOWELL -- The only person charged in the murders of two Lowell brothers, Moises Cotto and his 13-year-old brother John Tejeda, was able to prove that he lied two years ago when he told police he was involved in the slayings.

Middlesex prosecutors this week dropped charges of accessory before the fact of murder and carrying an illegal firearm against Yonny Sean, 35, after the Lowell man "came clean" and confessed he had lied to police about his involvement.

Instead, Sean, who has been in custody for nearly two years, pleaded guilty in Lowell Superior Court to filing a false police report and was given an 11-month jail sentence, "deemed served."

Defense attorney Stephen Weymouth, who represents Sean, admitted, "I've never seen anything like this."

A month after the murders, Sean was charged after he admitted he provided the murder weapon and even gave police names and other information about the Aug. 26, 2004, slayings of the Lowell brothers at their Lincoln Street home.

Cotto, 19, and his younger brother, Tejeda, were gunned down on their front porch while playing cards. Two years later, no one has been charged with being the shooter.

"He (Sean) led the investigation into several different directions due to his false information," said prosecutor Kerry Ahern. "No one has been arrested in large part due to his false information."

Weymouth said Sean told him earlier this year that he wanted to "come clean" and admitted he didn't know anything about the murders.

"He said he was sorry for what he did," Weymouth said.

In May, Sean took a polygraph test denying any knowledge of the slayings and passed, Weymouth said.

"I keep asking myself over and over again the same question: Why would he implicate himself in a murder?'" Weymouth said.

Weymouth explained that Sean's name surfaced in the investigation as someone who had some information. Sean lived in the same neighborhood as the murder victims, He had outstanding drug charges and had done a five-year stint in state prison for armed robbery.

He "panicked" when he spoke to police, Weymouth said. "He thought the best defense was a good offense," he said.

Sean named other people to deflect attention from himself and offered police incriminating information about himself to add credibility believing "they will figure out it is not true," Weymouth said.

As investigators continued to try to verify his information, Weymouth said, "they couldn't find anything to convince themselves he was telling the truth."

But Sean isn't completely off the hook yet.

Immigration has placed a retainer on the Lowell machinist. He could be held in custody for up to 90 days before being sent back to his native Cambodia, Weymouth said.

Lisa Redmond's e-mail address is lredmond@lowellsun.com.

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