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Posted in: Midvale Park
The men then decided to go out again.
Hernandez and Gonzales kicked in the door of Martin Guillermo Rodriguez's house with such force the hinges flew across the living room, Kelly said.
They ran upstairs, stormed into Rodriguez's bedroom ?— where he lay sleeping with his wife and 21-month-old son ?— and demanded cash, drugs and jewelry, Kelly said.
''Mr. Rodriguez woke up to his wife's screams and he got between the defendant and his family and he paid for his actions with his life,'' Kelly said. ''He died protecting his family in his own home in his own bedroom.''
Fearing Rodriguez's size, Kelly said, the pair tried to tie him up with some blue nylon rope they brought with them.
Rodriguez continued to struggle and Hernandez shot him twice, Kelly said.
In a bedroom down the hall, two of the victim's relatives jumped out of a second-story window to escape, Kelly said. Two other relatives in another bedroom stacked furniture up against the door as Gonzales screamed at them and kicked a hole in the door. Eventually the three assailants fled.
Police linked the men to the home invasions when Jasler, knowing the men had used her Chevrolet Cavalier during the spree, called 911 to report her car had been stolen, Kelly said.
Insider Jasler's apartment, police found Gonzales asleep wearing Rodriguez's bracelet, Kelly said. They also found other stolen jewelry and the digital camera, he said. On the camera were pictures of the three men sitting in Jasler's apartment showing off the stolen jewelry.
Hernandez's girlfriend also called police, Kelly said.
Candice Rascon told police Hernandez told her about the home invasions, acted out the murder and was wearing a bloody shirt when he showed up to her house around 5 a.m. that day, Kelly said.
Rascon and two friends also told police they saw Hernandez acting suspicious at Kennedy Park Lake, Kelly said.
When a police scuba driver dove into the lake, he found a .357 Magnum that was eventually linked to Rodriguez's death and shootings at two of the other home invasions, Kelly said.
Defense attorney Thomas Hippert urged jurors to ignore the theatrics of Kelly's opening statements, saying their job is to seek out the truth and ensure justice is done.
''What you heard in the prosecutor's opening statement was designed to appeal to your sympathy and fear,'' Hippert said.
What Kelly did not tell them is that Hernandez was arrested after Valenzuela's mother rented a motel room for him and then turned him in to police, Hippert said.
Kelly also didn't tell them that the only alleged victim who was able to pick Hernandez out of a photo lineup ?— Maria Valenzuela ?— just happens to be related to Valenzuela's mother, Yolanda, Hippert said.
The jurors should ask themselves why Yolanda Valenzuela would turn Hernandez in, Hippert said.
Moreover, Maria Valenzuela was forced to leave the U.S. Air Force after being convicted of transporting illegal entrants and making a false official statement, Hippert said.
Hippert said he is sure that after listening to Yolanda Valenzuela and Rascon testify, jurors will decide they would never buy a used car from them.
In addition, Hippert said forensic analysts were unable to find any DNA or fingerprints on the .357 Magnum.
''I'm suggesting to you that there are maggots in the state's case, that there are worms in the state's case that (Kelly) didn't want to tell you about,'' Hippert said.
Instead of eating around the rotten parts, Hippert said the jurors should just ''chuck the whole thing out.''
Gonzales has pleaded guilty to manslaughter and armed robbery and is facing anywhere from 101/2 years to 331/2 years in prison.
Valenzuela is scheduled to go to trial Oct. 16.
Judge Edgar Acu?±a is presiding over the case in Pima County Superior Court.
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