The Willow Glen Resident Suspects in murder of Willow Glen teen plead not guilty District Attorney says it's unlikely they will walk away unpunished By Cecily Barnes The basement courtroom on West Hedding Street looks the same as it has the last half dozen times that Gregorio Perez Martinez and Saul Hernandez Martinez have been dragged from their jail cells for hearings. Suited attorneys line up behind a wooden podium, the judge calls off file numbers and Willow Glen resident Adela Perez sits quietly in the audience, her hands folded neatly in her lap. But today, the morning of Nov. 13, is different than the previous hearings. Today Martinez and Martinez, who are accused of murdering Adela's son Oscar Perez, will enter their plea. Adela Perez knows that the pleas will come today because Deputy District Attorney Scott Tsui stands against the wall near the judge's desk. He has been absent from most other hearing dates. When their number is called, Martinez and Martinez stand. Their defense attorneys rattle off the same words, moments apart. "Not guilty." The pleas entered, Adela Perez rises from her seat, tucks her purse to her side, and hurries out of the courtroom. "I expected that," she says bravely. Perez is not disappointed. She knows a not-guilty plea means the case will likely go to trial. "I want that because I know they'll get more time," she says. "And the more time they get, the better I'll feel. Because I won't get my sons back, but at least they will have to do time." Six months ago, on June 13, Adela's 13-year-old son Oscar was murdered while walking to Jack-In-The-Box on Lincoln Avenue with his girlfriend. He was attacked by five to eight teens and adults in their early 20s who leaped from their car and stabbed him to death at the corner of Willow Street and Settle Avenue. Police believe Gregorio Perez Martinez and Saul Hernandez Martinez were two of the men involved in the stabbing. The third adult suspect, Martin Martinez (who, according to the affidavit, is the brother of Saul Martinez), is believed to have fled to Mexico. One juvenile girl also involved in the crime is in custody at juvenile hall. One month after Oscar's death on July 12, his younger brother David Perez hung himself at the Adolescent Residential Treatment Center, an in-patient facility in San Jose for disturbed children where David was being treated for Attention Deficit Disorder. Now the boys' mother mourns the loss of both her sons. And for the time being, Adela Perez is greatly focused on seeking justice. Since right after Oscar's death, Perez has faithfully attended every hearing, where she has waited, sometimes for hours, just to hear the matter be rescheduled for a later date. Today however, the case finally moves forward. Perez says she is somewhat relieved. "It will remind me of what happened, but I feel better that it's going to start moving," she says of the upcoming preliminary trial. Although a pre-trial date has been set, District Attorney Scott Tsui says a trial is not assured. Defense attorneys still might come forth with a plea bargain which, if accepted, would eliminate the need for a trial. However no offers have been presented yet, and as far as Tsui is concerned, the offer would have to be darn good for him to accept it. "I told them this is a serious case and they have to have something serious in mind," Tsui says. "There probably aren't a lot of offers we will accept." Adela Perez clasps her hands together tightly and smiles when Tsui pledges to fight for a tough sentence. "Thank you," she says, nodding her head. "I think it would be very unlikely for them to walk away from this," Tsui says. "My job is to make sure they don't, and I'll do everything I can. We have good evidence and we don't have any hesitation about going to trial." The preliminary hearing has been set for Jan. 4 at 8:30am. Tsui will present evidence and call witnesses at the hearing in order to prove to the judge there is enough cause to move forward to trial. [ Back to Contents Page | Willow Glen Resident Home Page | Archives ] This article appeared in the Willow Glen Resident, November 18, 1998. ©1998 Metro Publishing, Inc. All rights reserved.