Granted parole reconsidered for convict in rape and attempted murder from 1985 in Monterey

MONTEREY, Calif. (KION-TV)- After parole was granted back in Feb. of 2023 for a man convicted of kidnapping, rape and attempted murder in Monterey back in 1985; a new hearing will be held in November to potentially overturn parole, said Monterey County District Attorney Jeannine M. Pacioni.

Max Lopez Jr. was convicted of kidnapping a 36-year-woman using a pay phone in San Mateo County back in 1985 with an accomplice, taking her to Monterey and raping her with his accompliance, and then throwing her off a 15-foot fall in an attempt to kill her, said Pacioni.

A nurse was still in her uniform late in the evening and using the payphone to call her husband that she was coming home from work, said Pacioni. Lopez had stolen a loaded revolver earlier in the night.

Lopez was enlisted in the Army and stationed in Monterey and was going to leave the area permanently the following day for a new assignment. Lopez and his accomplice raped the victim once in Monterey in the car, the second time Lopez raped her he inserted the revolver in her mouth, said Pacioni.

"They forced the victim to exit the vehicle and lie down on the ground, while Mr. Lopez stood behind her with the revolver. However, they then tried to kill the victim by throwing her off the Arroyo Seco River Bridge (Green Bridge), but unbeknownst to them, she survived that 15-foot fall but with serious injuries," said Pacioni

The Governor learning of Lopez's parole sent a referral letter on June 9 of 2023, saying he acknowledged Lopez's attempts to improve himself in prison. However, he said examining psychologists identified persistent gaps in Lopez's insight.

“His understanding of his sexual offense was superficial, and consequently limits his ability to develop meaningful coping strategies and relapse prevention plans," said Governor Newsom.

Lopez said his decision to kill his victim was due to his prior military training, per Governor Newsom. The inmate had previously told the panel once he committed the crime he was motivated to "complete the mission."

Lopez "did not satisfactorily explain the ways he had learned to manage this instinct, nor, whether he accepted personal responsibility for giving in to such an instinct," said Pacioni.

Due to these unsatisfactory answers a recession hearing is tentatively scheduled for November 2, 2023, to see if the decision to grant parole was improvident.