Quadruple-murder ready for retrial

Hall voided the first trial weeks into the process after prosecutor Al Giannini announced his intention to call Howard Gaass, 57, to the stand. Gaass was expected to tie Valenzuela to drug trafficking, the alleged motive in the January 2002 murders of four men in the Evergreen Ridge apartments in San Bruno.

Later the same day Gaass was due to testify, he was arrested in Santa Clara County 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.

Technically, Gaass' testimony would be admissible in a second trial because defense attorney Ed Pomeroy will have time to review it. Gaass is currently on the witness list but the arrest can be relayed to a jury which could dramatically affect his credibility.

No one knows for sure if Gaass will be called during the Aug. 9 trial.

"I'll never say never but it is highly problematic considering his situation ... It's always possible but I have grave doubts," Giannini said.

Giannini offered to prevent a mistrial by not calling Gaass, but Hall declined because it was too late in the process.

Valenzuela has been in custody since his arrest two years ago along with 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.

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 former roommate 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, Giannini said. 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. In various parts of the apartment's kitchen, police found $250,000 worth of cocaine.

Valenzuela and Campos both remain in custody on no-bail status.