Murder mistrial stands, new witness arrested

Attorneys must share all evidence and witness lists prior to the start of trial. Giannini and Murray told Hall they were willing to forego the witness to sidestep a mistrial but Hall felt it would not accomplish the goal of a fair trial.

Now it turns out the witness, Howard Gaass, was arrested in Santa Clara County Tuesday night for allegedly arranging to meet a 13-year-old boy for sex. Gaass made arrangements online with a police officer posing as a teen and was arrested near a Caltrain station.

What effect - if any - the arrest has on Gaass' credibility remains up in the air, said Chief Deputy District Attorney Steve Wagstaffe.

Technically, Gaass' testimony will be admissible in a second trial because defense attorney Ed Pomeroy will have time to review it. If Gaass is called as a witness, however, his arrest can be relayed to a jury. Wagstaffe said he is not concerned.

"Remember, we did say we were willing to not use him to avoid a mistrial," Wagstaffe said.

Gaass is in custody at Santa Clara County Jail.

When jurors returned to court yesterday morning after a week hiatus they were thanked for their service and informed they were no longer needed. An entirely new panel must now be picked for the second trial, scheduled to start Aug. 9.

Valenzuela, who has been in custody since his arrest two years ago, will remain at the county jail while attorneys gear up for his trial. One of his alleged accomplices, Raul Campos, 20, is scheduled to start trial on the same four counts of first-degree murder and gun use later this year. The unexpected mistrial means that Campos might face a jury first even though Valenzuela is the one pushing for a quick resolution. Valenzuela has a new trial date but it currently collides with another triple-murder trial scheduled for Giannini. Another prosecutor will have to take one of those cases.

Two other suspects in the unusual killings were never arrested. Authorities believe Jorge "Chico" Hernandez died in a gunfight in Mexico earlier this year and Lazaro Perez remains at large. Without either of their testimonies or the four guns used in the killings, the case against Valenzuela is largely circumstantial.

Giannini hoped the testimony of Gaass, a "very close" acquaintance from Southern California, would strengthen the case by proving that Valenzuela knew why he and the three other suspects were going to the San Bruno apartment. Valenzuela has admitted being in the unit, but claims he had no prior knowledge of the murder plans and did not fire a weapon.

Hernandez instigated the murders and 21-year-old Javier Vaca, who Hernandez supplied drugs, was the target, according to Giannini. Hernandez felt there was "bad blood" with Vaca who he claimed owed him money. He allegedly enlisted Valenzuela, Campos and Perez from Southern California to help him enforce the debt.

While there, the four suspects allegedly shot Vaca, Jose Alberto Munoz-Lopez, 21, Emilio Alba-Flores, 20, and Roberto Ramos-Guerro, 18. All but Alba-Flores had their hands tied behind their backs with plastic zip ties and were shot multiple times in the top and back of the head. Alba-Flores was hit five times and might have been trying to flee, according to forensic pathologists who testified.

In various parts of the kitchen, police found $250,000 worth of cocaine. Valenzuela claimed he worked for the Tijuana-based Arellano-Felix drug cartel. The cartel has moved billions of dollars worth of drugs into the United States although there is no proof the San Bruno murders are connected to it. Gaass' police interviews are expected to strengthen that link.

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.