New trial for murder suspect

A new trial for Franklin Cabrera Cepeda Jr. will begin today, Monday, in the Superior Court in connection with the killing of a Chinese businessman in San Jose in 1999.

A retrial of Cepeda will be conducted after the CNMI Supreme Court in November 2009 ruled that the defendant was denied of his right to a fair trial and vacated his convictions.

On Friday, the Office of the Attorney General filed a motion to exclude in the rescheduled jury trial of Cepeda former testimony of witnesses from the jury trial of Jeffrey Deleon Guerrero.

According to court documents, the OAG charged Deleon Guerrero with murder in 2000 pertaining to the same victim, Rong Matthew Zhou. Deleon Guerrero was acquitted of all counts.

Sometime thereafter, police identified Cepeda as a suspect in the murder of Zhou and charges were filed against him.

On Jan. 31, 2005, the jury returned a verdict finding Cepeda guilty of first-degree murder, robbery, aggravated assault and battery, assault with a dangerous weapon, and conspiracy.

In March 2005, Superior Court associate judge Juan T. Lizama, who presided over the jury trial, sentenced Cepeda to 66 years in prison.

Cepeda appealed. In November 2009, the CNMI Supreme Court vacated the defendant’s convictions. The justices ruled that judge Lizama did not instruct the jury on all of the essential elements necessary to secure a robbery conviction.

The justices also determined that the judge improperly admitted witness testimony that was so prejudicial to the defendant that Cepeda was denied his right to a fair trial.

The justices ordered a new trial.

In the government’s motion to exclude former testimony filed on Friday, assistant attorney general Russell Lorfing said in the Cepeda new trial, Cepeda now attempts to use the former testimony of witnesses from Deleon Guerrero’s trial.

“The Commonwealth opposes the introduction of such evidence,” Lorfing said.

Lorfing said the prosecution’s interest in the first particular proceeding (Deleon Guerrero’s) was much different than in the second proceeding (Cepeda’s).

“The direct examination of each witness in the first trial was strategically tailored and motivated to prove that Mr. Guerrero was guilty. In the direct examination of the pending trial will be strategically tailored to prove that Mr. Cepeda is guilty,” Lorfing said.

On March 1, 1999, police said Cepeda, together with George Ilo, both of whom were 22 years old then, killed and robbed Zhou inside his Yellow House Karaoke.

The businessman sustained multiple stab wounds, including two that pierced his heart.

Ilo entered a plea agreement with the government and pleaded guilty.