Defendant Franklin Cabrera Cepeda Jr., 33, has been charged with the murder of Rong Zhou, also known as Matthew, who owned the former Yellow House Karaoke Bar in San Jose.
In 2009, the Supreme Court ordered a new trial for Cepeda, saying he was denied his right to a fair trial.
Cepeda had been convicted of robbery, first-degree murder, and other charges. He was sentenced to serve 66 years in jail.
Assistant Attorney General Peter Prestley, who is prosecuting the case, asked jurors to return a guilty verdict, saying evidence will point to Cepeda as the “leader who finished the job,” referring to the murder of Zhou on March 1, 2000.
Assistant Attorney General Russel Lorfing is co-prosecuting the case.
The prosecution will present 26 witnesses, including George Ilo, Benjamin Fitial, and Melvin Cabrera, and 23 other individuals.
Ilo, now 33, was Cepeda’s co-defendant. Ilo earlier pleaded guilty.
On July 1, 2003, the Attorney General’s Office charged Cepeda and Ilo, then both 22, for Zhou’s murder.
Fitial was the driver of the get-away vehicle, the prosecution said. Fitial was not charged.
Melvin Cabrera, who is Cepeda’s uncle, was the owner of the “survival” knife used in the crime, the prosecution said.
Prestley said Cepeda threatened his family members and relatives who eventually learned about the crime.
Cepeda also convinced Ilo to kill Fitial, the prosecution said.
The prosecution said Cepeda wore a bandana to cover his face.
The knife was used by Ilo while Cepeda had a baseball bat.
The knife came from Cepeda, the prosecution added.
Ilo and Cepeda entered Zhou’s business establishment to get money to buy “ice,” the prosecution said.
Cepeda hit with a bat Zhou who was struggling with Ilo, the prosecution said.
After Ilo wounded the victim, the prosecution added, Cepeda took the knife from Ilo and stabbed Zhou, hitting the victim’s lungs and perforating his heart.
Cepeda then took Zhou’s wallet, the prosecution said.
Defense attorney Colin Thompson said the case is bigger than what the prosecution is presenting to the jurors.
Retired Department of Public Safety Detective Chris Leon Guerrero is assisting the defense in his capacity as a private investigator.
The defense lined up 22 witnesses.
Thompson said there are other pieces of evidence, such as DNA results, several bloodied foot prints and tire tracks. But none points to or corroborate that Cepeda was the “leader,” Thompson argued, adding the murder weapon was also missing.
Moreover, he added, Ilo and Fitial had “strong motivations to lie.”
The prosecution likewise failed to meet its burden to prove that Cepeda is guilty as charged, Thompson 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.
The trial court also improperly admitted witness testimony that was so prejudicial to the defendant that he was denied his right to a fair trial, the high court said.
