The Mercury News Weekend

Man pleads guilty to murder

KILLER HAD FRAMED FRIEND WITH THE GUN

- By Dan Reed Mercury News

On a February night in 2004, Robert Mays shot and killed a man, then proceeded to frame his friend Rick Reinhardt for the murder.

He went to Reinhardt’s Redwood City home and put the murder weapon, the victim’s keys and methamphet­amine under his mattress. He also made a seemingly helpful call to police, telling them the victim and Reinhardt were romantical­ly entangled with the same woman — a possible motive for the slaying.

It was strong evidence. And the police bit. Reinhardt was wrongfully accused and spent nine months in Santa Clara County jail before investigat­ors concluded their man was Mays. Thursday afternoon, in the early stages of Mays’ trial, he stopped the proceeding­s and pleaded guilty to first-degree murder. On Jan. 23, he will be sentenced to 50 years to life.

Richard

Titus, the deputy

district attorney prosecutin­g the case

for Santa Clara County,

said he is unsure why

Mays

changed his

mind, but he

said Mays’

defense lawyer had approached him several times about settling the matter.

If there was any incentive, Titus said, it was that the judge indicated he would not add any extra time for a second count of conspiracy. Allen Schwartz, Mays’ defense attorney, said his client decided he didn’t want to go through a trial he couldn’t win.

‘‘The case was virtually defenseles­s,’’ he said. ‘‘The result was inevitable.’’

Among other evidence, there was Mays’ confession. ‘‘I would say that’s pretty strong evidence against him,’’ Titus said.

Nonetheles­s, Mays got away with murder.

According to police and the prosecutor, it started with a meeting at the home of Dorothy Motschenba­cher, with Mays and another acquaintan­ce, Timothy Rooney. (Mays still denies this meeting happened.)

The plan was for Mays to burgle the West San Jose home of Peter Bianco, a 48year-old in constructi­on and a reputed methamphet­amine dealer who boasted of money and collected expensive cars.

Mays watched Bianco’s house, waiting for him to leave. When Bianco left for a 10 p.m. dinner with a female friend, Mays went inside. But he stayed too long.

Bianco returned, the woman drove off, and Bianco went into the garage. He may have heard Mays rooting around, trying to find money. May claims Bianco attacked him. ‘‘He said Mr. Bianco came at him, whaling at him with something in his hand,’’ Titus recounted. ‘‘He said he panicked and shot Mr. Bianco.’’

Bianco’s body was found four days later, beneath the car cover for his Corvette.

Mays steered the police toward Reinhardt. But some things didn’t add up. For example, why would Reinhardt page Bianco 44 times the next day if he knew he was dead?

Reinhardt’s attorney, Melinda Hall, kept insisting to the prosecutio­n that her client was not guilty. The police kept investigat­ing. Finally, they had enough to arrest Mays and he confessed.

Motschenba­cher is awaiting trial on murder and conspiracy. Even though she wasn’t there for the shooting, police believe she was in on the plot. Rooney testified to it, under a grant of immunity. almost Contact Dan Reed at dreed@mercurynew­s.com or (408) 920-5771.

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Reinhardt

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