The defense attorney for one of two men accused in the death of a Hamtramck jeweler inside his Rochester Hills home nearly a year ago told jurors there is no question that there was a crime, but “a question of who did it.”
Michael McCarthy told jurors during opening statements Oct. 1 in Oakland County Circuit Court in the case against his client, Joshua Zuazo, that the question for them is “whether the correct person has been identified as the second man involved in this case.”
Zuazo, 40, and Carlos Hernandez, 38, are each charged with one count of first-degree felony murder and two counts of unlawful imprisonment in the death of Hussein “Sam” Murray. They are accused of posing as utility workers to enter Murray’s home to check a gas leak Oct. 11, 2024, killing him and binding his wife.
Hussein Murray, 72, of Rochester Hills, was found dead in his basement on Friday, Oct. 11, 2024. Two men posing as DTE workers are believed to be responsible for the death, according to the Oakland County Sheriff’s Office.
Murray, 72, was found bound and slain in the basement of his home in the 3700 block of Newcastle after his wife called 911 to report a robbery. During a preliminary exam in December, the county’s deputy chief medical examiner testified that Murray’s cause of death was neck compression. She also said he had blunt force injuries to his head.
The pair are accused of posing as DTE workers the night of Oct. 10, 2024, supposedly checking for a gas leak, but were not let inside the home. They returned the next day, were permitted inside and went with Murray to the basement. Murray never came back upstairs.
The prosecution said Hernandez hit Murray’s wife and bound her with duct tape in the kitchen and Zuazo ransacked the house.
The house had a surveillance camera system, with video of the pair at the front door used to help identify them.
McCarthy told jurors that while it appeared clear that the larger individual in the video is Hernandez, “it really doesn’t identify Mr. Zuazo.” McCarthy said Zuazo has been “waiting for this day as his day of vindication.” He told jurors the first person at the Murrays’ door to try to enter the home was Hernandez.
Two juries were empaneled this week, one to decide the fate of Hernandez, the other to reach a verdict in the case against Zuazo. They are hearing the cases at the same time, with one jury sitting in the jury box and the other sitting in the front two rows in the courtroom. The back two rows of the courtroom were filled with what appeared to be Murray’s family or other supporters.
Opening statements in Hernandez’s case occurred Sept. 30. County Chief Public Defender Paulette Loftin told the jury to decide his fate that the facts and testimony are important, including the who did what and why.
She said that while Hernandez was one of the people inside the residence, “the unfortunate death” of Murray “was not a part of the plan” and never part of the discussion between him and Zuazo. She said Hernandez did not take part in the beating of Murray and doesn’t fall into any of the states of mind needed for the felony murder charge.
Testimony began the morning of Oct. 1 with three prosecution witnesses, including the Murrays’ neighbor who saw a white pickup truck with DTE decal on the side moving “painfully slow” with a squeaking noise as well as the first county sheriff’s deputy to arrive at the scene.
The deputy’s body camera video was played, showing the duct-taped hands of Murray’s wife meeting him at the door and the deputy finding Murray’s body in the basement after part of the house was cleared. The deputy, who checked Murray for a pulse, initially thought Murray was shot in the head.
Jurors saw the video of Murray as well as photos of his body at the scene.
Valerie Mayra, a forensic lab investigator with the county sheriff’s office, testified that Murray’s hands were bound in front of him with duct tape and zip ties and his feet were bound with black duct tape. Blood was pooled around him. Two different colored duct tapes were used, she testifed. She told the court that she did not develop fingerprints from either defendant at the scene. Assistant Prosecutor John Pietrofesa asked her whether wearing gloves would prevent someone from leaving fingerprints. She answered yes.
Before testimony began, one of the 14 jurors in Zuazo’s case was excused for cause after he told the court that he went to school with Murray’s son and that another Murray relative is a religious adviser in his community.
Circuit Judge Yasmine Isshak Poles also ruled that Hernandez’s wife needed to remain outside the courtroom during testimony, instead of observing inside the courtroom, because she is a potential witness who could be called to testify. Hernandez’s wife told the court that she planned to assert her Fifth Amendment rights. Pietrofesa told the court that she also is a potential defendant and potentially could be charged.
Pietrofesa told both juries during opening statements that the attack on Murray was not random but targeted, that Zuazo and Hernandez went to the basement with Murray and that Hernandez closed the door to the basement. When the pair came back upstairs and Murray’s wife of 54 years saw blood on Zuazo’s shirt, she started screaming, Pietrofesa told jurors. When asked where her husband was, Pietrofesa said, Zuazo told her: “He’s sleeping.”
After the wife screamed, Hernandez punched her on the left side of her face and bound her with duct tape while Zuazo ransacked an upstairs bedroom, Pietrofesa said. He told jurors there was a blood smear on a bedroom wall and the blood belonged to Murray. He also told them DNA from both defendants was found on items at the scene and in the basement.
Pietrofesa told jurors that Hernandez had been to Murray’s jewelry store and pawn shop in October 2023, proof in pawn slip records, and that he returned in February 2024. That time, he said, Hernandez asked to meet with the owner and was introduced to him face to face. Murray owned Gold & Glitter and Hamtramck Pawn Brokers.
Pietrofesa told jurors that Hernandez ordered false DTE signs to put on a stolen truck used in the crime — a vehicle later found unoccupied and set ablaze in Detroit.
Hernandez was arrested in Louisiana. Pietrofesa told jurors there was blood and DNA matching Murray’s on a pair of shoes found in the vehicle. Jewelry boxes and costume jewelry also were found in his luggage that belonged to Murray’s widow.
Contact Christina Hall: chall@freepress.com. Follow her on X, formerly Twitter: @challreporter.
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This article originally appeared on Detroit Free Press: Testimony underway in trial of 2 men in slaying of Hamtramck jeweler