Closing arguments expected today in Torner homicide trial

May 17—WILKES-BARRE — On the first day of homicide suspect Roberto Torner's Luzerne County trial last week, his attorney told the jury they would hear testimony and see evidence beyond their expectations.

Closing arguments are anticipated today by Deputy District Attorney Daniel E. Zola and Assistant District Attorney Drew McLaughlin and Torner's attorneys, Robert A. Saurman and Brian J. Collins following the seven day trial before Judge David W. Lupas.

The jury has three charges — an open count of criminal homicide, criminal solicitation to commit homicide and criminal conspiracy to commit homicide — to render a verdict.

Several jurors took notes while others opted not to use the court supplied notebooks and pens.

What the jury has to measure involves the testimony of witnesses who claimed what happened each with a different version of events and specialty expects such as forensic anthropologist, forensic scientists and a forensic analyst from the University of North Texas.

Torner, 50, faced trial on allegations in his role in the killing of Jose "Pepe" Herran, 56, in October 2015, while his co-defendant, David Alzugaray, 54, stands accused on the same charges including abuse or corpse for allegedly dismembering the body.

The trial consisted of the jury hearing about an episode of the Forensic Files, a blood disorder disease called Porphyria, known as the vampire disease, chopping up the body in a chicken coop and grilled muscle.

Torner, Alzugaray and Herran are all natives of Cuba.

Highlights from the trial:

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Virginia Rodriguez, mother of Herran, testified she last spoke to her son on Nov. 14 or Nov. 15, 2015, which contradicts the investigation that Herran was killed in mid-to-late October 2015.

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A federal probation officer from New York testified Herran, who was on federal probation, last reported to her in September 2015.

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Herran's daughter, Jasely Alvarez, testified she would never suspect Torner involved in her father's disappearance.

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FBI Special Agent Thomas D'Amico testified Herran was a confidential human resource providing information about narcotic trafficking in the Philadelphia region.

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A retired FBI agent now an undercover Luzerne County drug detective testified Torner, during an interview, spoke methodically about a person being "chopped up" but wanted guarantees from being prosecuted.

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State police Corporal Jesse Bachman, as a member of the Troop N Forensic Services Unit, processed the alleged crime scene, property Torner owned on North Buck Mountain Road in Foster Township. Bachman collected 18 bone fragments from a burn pit and removed an entire sub-floor from a bedroom inside a house trailer.

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Bachman further testified about finding cutting tools including meat cleavers, hammer mallets, knives and a knife sharpener hidden in the attic of The Cottage, a boarding house Torner owned and lived in Freeland, and three handguns hidden in a post of a railing at The Church, another Torner owned property in Freeland.

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Dr. Conrad Quintyn, a forensic anthropologist from Bloomsburg University, testified five of the 18 bone fragments belonged to a male human skull while the 13 other bone fragments were too small to make a determination.

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Donald Warren, a witness who lived at The Cottage in 2015, testified he was solicited by Torner to kill Herran while also being solicited by Herran to kill Alzugaray. Warren claimed he last saw Herran getting into a van with Torner and Alzugaray, who returned smelling of diesel.

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When Warren was cross-examined by Torner's co-defense attorney, Saurman, an episode of the Forensic Files about the murder of Warren's mother in Michigan was mentioned while Warren claimed he suffered from Porphyria. Warren further testified Torner directed him to clean three handguns, a .22-caliber revolver, a .45-caliber and a 9mm Glock, which he individually wrapped in Dollar General shopping bags and duct tape.

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Two state police forensic scientists testified they were unable to retrieve any blood and fingerprints from the three firearms, meat cleavers and knives.

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State police Sgt. Joseph Gober, a firearms and took mark examiner, testified 10 9mm bullets recovered with the 9mm Glock did not have gunpowder and had tool marks suggesting pliers or a vise were used to deconstruct and reinsert bullets into the shell casings.

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Lisa Sanson, a forensic analyst at the University of North Texas, testified three bone fragments — those analyzed by Dr. Quintyn at Bloomsburg University — large enough to be tested did not contain any nuclear and mitochondrial DNA.

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A witness from Freeland who owns a demolition company testified Torner asked him about building an incinerator at the North Buck Mountain Road property.

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Liza Robles, who identified herself as Torner's fiancee, testified at length describing Torner and Herran as best friends. Robles gave a different version from what Warren told the jury, claiming Alzugaray and Herran left The Cottage to burn debris at the North Buck Mountain Road property while Torner stayed at The Cottage. When Torner was not able to reach Alzugaray and Herran by phone, Torner drove to the property finding Herran had been killed.

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Robles further testified Herran's body was dismembered and his muscle grilled on an outside grill at The Cottage. She also claimed she witnessed Torner and Alzugaray dismantling 9mm bullets a week or two before Herran was killed, and Torner admitted to her he shot Herran in the head with the .45-caliber handgun.

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Retired state police Corporal and county detective Shawn Williams testified at length explaining his interviews with Alzugaray and Torner. Williams said a confidential informant provided information in early 2018. Alzugaray, who was serving a federal prison sentence for trafficking heroin, admitted to killing Herran but claimed it was in self defense. Torner during his interviews with Williams wanted guarantees from being prosecuted and blamed the late Freeland Police Chief Anthony Harris who wanted Herran out of his town.

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Williams called the statements by Alzugaray and Torner, "inconsistent and self-serving."

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Alzugaray testified in Torner's defense telling the jury Herran attacked him and unintentionally shot Herran in the head in self-defense during a fight. Alzugaray said Torner, "had absolutely nothing to do with Herran's murder."

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