Mother searching for missing son spoke with "Roberto"

May 9—WILKES-BARRE — During the search for her son, Jose Herran, after not hearing from him on her birthday on Nov. 15, 2015, Virginia Rodriguez said she was given a phone number for a "Roberto."

Rodriguez, of West New York, N.J., may not have known then, but she provided critical information used by state police at Hazleton in charging Roberto Torner, 50, and David Alzugaray, 54, with killing Herran sometime between Oct. 13, 2015 and Nov. 17, 2015, in Foster Township.

Torner's Luzerne County jury trial on an open count of criminal homicide, criminal conspiracy to commit homicide and criminal solicitation to commit homicide began before Judge David W. Lupas Tuesday morning.

Rodriguez said she never knew Roberto's last name and when she called the phone number in the 570 area code given to her, she was told by Roberto that Herran went to Texas.

During opening statements, Assistant District Attorney Drew McLaughlin who, along with Deputy District Attorney Daniel E. Zola are prosecuting, said Herran's death was, "cold blooded, premeditated murder."

McLaughlin said the state police investigation alleged Herran was driven by Torner to a house trailer owned by Torner on North Buck Mountain Road and fatally shot by Alzugaray.

After Herran was killed, his body was dismembered and his remains burned and discarded.

When state police served a search warrant at the property, 18 human bone fragments were recovered with five fragments belonging to a skull of a male, McLaughlin said.

McLaughlin said Torner and Alzugaray then covered up the murder by cleaning cutting tools with bleach and hiding two firearms, a .22 caliber and a .45 caliber, in two properties — The Cottage and The Church in Freeland, — owned by Torner.

Attorney Robert A. Saurman who, along with Attorney Brian J. Collins are representing Torner, said the number of stories witnesses told investigators are "bizarre."

"This is a case where truth is stronger than fiction. You can't make this up," Saurman said.

Saurman told the jury when they hear all the different stories from witnesses, they will have trouble figuring out what is true and what is fiction.

Saurman asked why would Torner allegedly hide the cutting tools and the firearms when the body was dismembered and destroyed?

"He's either a criminal mastermind or a moron," Saurman said about Torner. "He didn't plan this; He did not order this."

Rodriguez was the first witness called by Zola and McLaughlin, telling the jury she normally spoke with her son on the telephone and last spoke to him on Nov. 13 or Nov. 14, 2015.

"I always thought he would come home. I always dream of unlocking the door and he would be there," Rodriguez said quietly from the witness stand through a Spanish translator.

Testimony in Torner's trial continues Tuesday afternoon.

A trial for Alzugaray is scheduled for July.

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