Najera Won’t Testify in Parents’ Deaths

The son of a couple slashed to death in their Garden Grove home last year refused to answer questions at a hearing Tuesday for his parents’ accused killer, saying he did not want to incriminate himself.

Shortly after Jose Najera invoked his 5th Amendment protection, a judge told prosecutors he has doubts about the strength of the case against the lone suspect charged in connection with the killings.

Orange County Superior Court Judge Andrew P. Banks said he will disclose today whether he believes there is enough evidence for prosecutors to take the case against Gerald Johnson to trial.

Johnson, 20, Najera’s former classmate at Mater Dei High School, could face the death penalty if convicted of stabbing to death Jose R. Najera and Elena Castro Najera on Dec. 28 in their bedroom.

Neither Najera nor his attorney would discuss the decision to halt testimony, a surprise decision considering he willingly answered questions in court last week.

Earlier, Najera testified that he was at Johnson’s house with a friend early on the morning of Dec. 28 when Johnson came home, dressed in black and with a substance smeared on his face. Najera said he went home shortly afterward and discovered his parents’ bodies.

The slayings left Najera as the sole heir to his family’s home--police believe he will net about $30,000 from its recent sale--and $77,000 cash his parents left behind in a safety deposit box.

Najera, 19, testified Thursday that all the cash is gone. When Johnson’s lawyer attempted to resume cross-examination Tuesday, Najera refused to answer. As a result, Banks said he would not consider any of Najera’s testimony in deciding whether Johnson should be brought to trial.

Still, Deputy Dist. Atty. Bruce Moore told Banks he believed there was enough evidence to try the case. The key piece of evidence, Moore said, is a bloody ski cap found beside the Najeras’ bed. Inside the cap were several strands of hair linked to Johnson through DNA testing. Only one in 6,500 people have the DNA markings found in the hair, and Johnson is one of them, a criminologist testified.

Banks was not entirely swayed, using the term “50-50” to discuss the case. He said he was also was not impressed with other evidence, including traces of unidentified blood police collected from a shower at Johnson’s home or the fact that he knew the victims’ son.

“He’s charged with committing the murders, not knowing something about it,” the judge said.

Police have long suspected that Johnson did not act alone. A Najera neighbor, Grady Owen, testified Tuesday that he saw a silver car pull into the Najera driveway after 3 a.m. Dec. 28. When he called Najera for an explanation, Najera said he was at Johnson’s home.

After the killings, police seized a car from one of Johnson and Najera’s friends and found blood inside. The owner of that car, Brian Smith, also used the 5th Amendment to avoid testifying at the preliminary hearing. Another friend of Najera, Vincent Torres, also declined to testify.

Meanwhile, the police investigation continues.

“We’re still seeking facts about what exactly happened, why it happened and who was involved,” Garden Grove Police Sgt. Mike Handfield said Tuesday.