The fate of a Tucson man accused of shooting a young father to death during a spree of home invasions rests with a jury.
Attorneys in the Thomas Michael Hernandez case spent nearly 90 minutes this morning telling jurors why they should or should not convict Hernandez in the slaying of Martin Guillermo Rodriguez, 35.
Deputy Pima County Attorney Michael Kelly told jurors that more than one dozen pieces of evidence prove Hernandez, 20, and a friend kicked in the doors of five houses during a three-hour crime spree on June 26, 2006, and fatally shot Rodriguez during the last heist of the night.
Not only did a witness testify Hernandez confessed to her, but one of the victims positively identified Hernandez, Kelly said.
In addition, another witness linked Hernandez to a car containing many of the victims’ personal items, Kelly said.
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Moreover, police found a digital camera that had been stolen that morning and it contained pictures of Hernandez and his buddies trying on stolen jewelry, Kelly said.
“They left behind an avalanche of evidence that led police right to the defendants,” Kelly said.
Defense attorney Thomas Hippert told jurors that if Hernandez and his friends were so inept, police should have found any of the bloody clothing his client allegedly wore that morning.
In addition, tests proved Hernandez didn’t have any gunshot residue on his hands when he was arrested and there is no DNA evidence linking Hernandez to any of the crime scenes, Hippert said.
Hippert also pointed out that the only alleged victim who was able to pick Hernandez out of a photo lineup — Maria Valenzuela — just happens to be related to the mother of one of Hernandez’s co-defendants.
The mother, Yolanda Valenzuela, took Hernandez to a motel following the home invasions and called police.
The only reason she would do that is if she was trying to frame Hernandez, Hippert said.
One of Hernandez’s co-defendants, Andy Gonzales, has pleaded guilty to manslaughter and armed robbery and is facing anywhere from 101/2 years to 331/2 years in prison.
His other co-defendant, Adrian Valenzuela, is scheduled to go to trial Oct. 16.
Judge Edgar Acuña is presiding over the case in Pima County Superior Court.
