A ‘scorecard’ of chopped up bodies?

WILKES-BARRE — Wearing protective gloves, Luzerne County Deputy District Attorney Daniel E. Zola walked to the witness stand and one-by-one, presented meat cleavers and knives to Donald Warren.

Warren identified the items, telling the jury each one had notches on the wooden handles he called “scorecards” for the number of bodies Roberto Torner claimed to have “chopped up.”

Warren testified Thursday morning on the third day of Torner’s homicide trial before Judge David W. Lupas for the killing of Jose “Pepe” Herran, 56, in the fall of 2015.

Earlier in the week, Torner’s co-defense attorney Robert A. Saurman, told the jury they will hear testimony from witnesses that will be beyond fiction.

Warren gave the jury that type of testimony. Whether Warren will be believed is yet to be seen.

Warren said he moved into a boarding home known as The Cottage, owned by Torner, in Freeland in July 2014, and got to know Herran and Torner’s co-defendant in the homicide, David Alzugaray, 56.

Warren said he believed Torner and Herran were best friends until the fall of 2015, when he claimed Torner solicited him for his help in killing Herran.

At the same time, Warren said Herran was soliciting him to assist in killing Alzugaray.

‘We’re gonna do this’

Warren said he spent several weeks in the hospital and when he was released, he was standing outside The Cottage having a cigarette when he claimed Torner and Alzugaray approached him. Unable to give an exact date, Warren said it was a cold day.

“Robert(o) and David got into the van and they were telling me to get into the van saying, ‘we’re gonna do this tonight now,” Warren testified when asked questions by Zola.

When Herran came outside, Warren said the conversation abruptly changed and they drove off in the direction of Torner’s house trailer on North Buck Mountain Road in Foster Township.

“I knew what was coming, I couldn’t look at Pepe,” Warren said.

Warren said about two hours later, Torner and Alzugaray returned “soak and wet” wearing t-shirts and swimming trunks. Warren said when they opened the van door, he was hit with a wall of diesel smell.

Later that night, Warren said he was summoned from his room to Torner’s room where they were “bragging” about Herran’s murder and Alzugaray claiming he cut off Herran’s face and wore it as Leatherface from the movie “The Texas Chain Saw Massacre.”

State police at Hazleton while investigating Herran’s disappearance found the meat cleavers and knives hidden in the attic of The Cottage, as well as three firearms, including a .45 caliber, hidden in a wooden post inside The Church, another property Torner owned in Freeland.

Warren said Torner directed him to clean the firearms and to use a file to change the barrel of the .45 caliber.

Warren said he used a mixture of bleach and ammonia to clean the firearms, which he wrapped in Dollar General shopping bags and duct tape. He then hid the weapons in the wooden post without filing the inside of the .45 caliber barrel.

As Zola showed Warren each meat cleaver and knife, Warren said each one had notches on the wooden handles which he described as “scorecards,” for the number of bodies Torner allegedly chopped up.

Warren said he had no choice but to obey Torner as he feared for his own life. Warren further said he helped burn items in a burn pit at the North Buck Mountain Road property, being told by Torner and Alzugaray that “Pepe” was in the pit.

“I was terrified of him (Torner),” Warren said. “I kind of humored him for my part to survive. I felt I had no choice. He had complete control of my life.”

Aggressive cross-examination

Warren’s credibility was aggressively challenged when he was cross-examined by Torner’s co-defense attorney, Brian Collins.

Warren said Herran was soliciting him to assist in killing Alzugaray while Torner was asking him to help in killing Herran.

“Here we got three tough guys (Torner, Alzugaray and Herran) recruiting you, a heroin user, sick person to go out and kill each other; you’re the hit man,” Collins asked.

“No, I’m not a hit man,” Warren said.

Warren said he used heroin when prescription medications had no effect for a severe back injury he suffered while working at a ski resort.

“You said you were a prisoner at The Cottage; did they use shackles and handcuffs?” Collins asked.

“No, they used threats and intimidation against me and my son,” Warren said.

When Collins asked Warren why he did not call 911 prior or after Herran was killed, Warren said he was fearful he would end up in the burn pit.

“Basically, you were a coward?” Collins asked.

“No, I was terrified,” Warren responded.

Several days after last seeing Herran, Warren said he did call state police and told the late Freeland Borough Police Chief Anthony Harris that Herran was killed, but claimed he was ignored.

A state police fingerprint examiner testified he was not able to find any identifying fingerprints on the firearms, meat cleavers and knives, and a forensic scientist said she was not able to find blood on those items.

Torner is charged with an open count of criminal homicide, criminal conspiracy to commit homicide and criminal solicitation to commit homicide.

Alzugaray’s trial is scheduled for July on the same charges, including abuse of corpse.