Superior Court Judge Perry Inos is presiding over the two-week jury trial.
Assistant Attorney General Peter Prestley, the prosecutor, asked jurors to return a guilty verdict.
The prosecution said based on pieces of evidence and testimony of witnesses, Cepeda “finished the job,” referring to the murder of Rong Zhou, also known as Matthew, who owned the former Yellow House Karaoke Bar in San Jose, on March 1, 2000.
Assistant Attorney General Russel Lorfing is co-prosecuting the case.
In his arguments, court-appointed defense attorney Colin Thompson told jurors “it is very dangerous to administer justice based on weak foundation.”
Thompson said the testimony of government witness George Ilo did not match with the findings of the medical examiner, also a government witness, who performed an autopsy on Zhou’s remains.
Ilo, now 33, was Cepeda’s co-defendant. Ilo earlier pleaded guilty.
Former Department of Public Safety Detective Chris Leon Guerrero was the defense’s court-appointed private investigator.
The defense said there’s no corroboration between the testimony of government witnesses and pieces of evidence pointing to Cepeda’s guilt.
On July 1, 2003, the Attorney General’s Office charged Cepeda and Ilo, then both 22, for Zhou’s murder.
Benjamin Fitial was the driver of the get-away vehicle, the prosecution said. Fitial was not charged. He also testified.
Melvin Cabrera, who is Cepeda’s uncle, was the owner of the “survival” knife used in the crime, the prosecution said.
The murder weapon was not recovered, the defense pointed out, adding there’s an “absence of clear indication” as to its ownership.
Ilo and Cepeda robbed Zhou’s business establishment to get money to buy “ice,” the prosecution said.
In its 2009 decision on Cepeda’s appeal, the high court vacated the convictions, saying that the trial court did not instruct the jury on all of the essential elements necessary to secure a robbery conviction.
