Killer stirs jail trouble

Valenzuela pleaded not guilty. The question now is whether Valenzuela will ever come before a jury.

The Los Angeles man is scheduled this afternoon to be formally sentenced to life in prison without the chance of parole for his role in the execution-style murders of four young men in a San Bruno apartment three years ago. His defense attorney, Leonard Levine, filed a motion July 6 to postpone the hearing for a third time while he readies an appeal. The hearing will be heard this morning and the motion is expected to be granted.

Prosecutor Al Giannini initially opposed a delay because Valenzuela has no other sentencing options than life in prison and Judge Stephen Hall is about to embark on a five-week vacation. Now, he is waiting for jail administrators to decide if they will request Valenzuela's transfer to San Quentin to await sentencing. If approved, the county's jail budget must absorb his prison costs.

Jail authorities contacted Giannini to ask that Valenzuela's sentencing be expedited.

"He's a danger to have in the jail," Giannini said.

Details about the Tuesday assault remain sketchy but Valenzuela and Lucatero, affiliated Sureño gang members, reportedly assaulted Norteño Michael Guitterez, 22, as he left a visiting room at 9:50 p.m. The defendants reportedly ambushed Guitterez, striking him with fists and feet. A correctional officer pulled the men apart.

"Prior to the incident, Valenzuela had a number of disciplinary actions at the jail during his three years in custody," Giannini said.

On Nov. 1, officers discovered Valenzuela had more than one mattress in his cell. He reportedly told an officer he "thought he'd get away with it," according to the incident report.

Valenzuela has been incarcerated at Maguire Correctional Facility since February 2002 when he was arrested with accomplice Raul Campos. Both were charged and convicted for the Jan. 11, 2002 execution-style deaths of Javier Vaca, 21, Jose Alberto Munoz-Lopez, 21, Emilio Alba-Flores, 20, and Roberto Ramos-Guerra, 18, in an Evergreen Ridge apartment in San Bruno.

Two other men were also suspected in the murders but never arrested.

On Sept. 2, after just four hours of deliberations in a 16-day trial, the new jurors convicted Valenzuela on four counts of first-degree murder and four counts of attempted robbery. The Los Angeles man then postponed two sentencing hearings after dismissing his court-appointed attorney in favor of a retained Los Angeles lawyer.

According to the prosecution, Valenzuela was a frequent drug runner for Jorge "Chico" Hernandez. After fighting with Vaca over a drug debt, Hernandez enlisted Valenzuela, Campos and Lazaro Perez to drive from Los Angeles to San Bruno to collect. By the end of their visit to Vaca, the four victims were dead but $250,000 worth of cocaine was left hidden in the kitchen. The four suspects drove back to Southern California and parted company.

Hernandez's cell phone was found at the scene and tied back to the suspects.

Hernandez is assumed dead after a gunfight in Mexico and Perez remains at large. The case against him remains open.

Valenzuela admitted being in the apartment but said he only stood by the door while three men were bound with plastic zip-ties and four were shot. Under California law, jurors simply had to agree Valenzuela was there to enforce a drug debt by force and the deaths occurred during the attempted robbery.

Valenzuela's case also took an odd twist weeks into trial when a surprise witness forced a mistrial after being arrested for allegedly propositioning a minor while awaiting his stint on the stand.

If Valenzuela is sentenced, the District Attorney's Office will drop the new case, according to Chief Deputy District Attorney Steve Wagstaffe.

"Why waste tax payer dollars? He is going to prison for life anyway," Wagstaffe said.

Valenzuela remains in custody on no-bail status.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.