One of three defendants accused in the murder of El Camino engineering student Juan Carlos Hernandez and a witness were in court Sept. 13, for the trial’s jury selection scheduling, slated now for next year.
Juan Hernandez, who would have turned 25 next month, first disappeared on Sept. 22, 2020, never returning home from his job as a budtender at VIP Collective LA, a marijuana dispensary.
His remains were discovered on Nov. 15, 2020 in the Mojave Desert by the San Bernardino County Sheriff’s Department.
Defendant Weijia Peng, 30, was present at Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles as Superior Court Judge Mark Hanasono presided over the Wednesday pre-trial hearing.
Peng, who was the owner of VIP Collective when Hernandez was killed, entered court in a jail-issued white t-shirt under blue cotton scrubs.
Peng remained quiet throughout the hearing, only answering when Hanasono asked about the scheduling of the trial. On Wednesday, Peng was represented by private attorney Wendy Marco who stood in for Ronald D. Hedding, the attorney that Peng’s family retained for his defense.
A second defendant Ethan Astaphan, 30, who managed the dispensary was represented by Los Angeles County Public Defender Larson Hahm.
In the courtroom was Jailen Commissiong, who worked as the security guard at VIP Collective, subpoenaed by Assistant District Attorney Habib Balian to serve as a witness for the prosecution.
The requirement that he testify in the case was “bull—-,” Commissiong told The Union.
“I don’t know anything,” he said.
Juan Hernandez’s mother, Yajaira Hernandez, told The Union she has believed since the day of her son’s disappearance that Commissiong was hiding information.
According to Yajaira Hernandez, when she and other family members went to the dispensary on the day after Juan Hernandez disappeared, Commissiong was evasive and showed little concern.
Commissiong has not been charged with any crime relating to the disappearance and murder of Juan Hernandez. But, concerned that Commissiong would ignore the subpoena to testify, Balian petitioned the court earlier in the year to order that Commissiong wear an ankle monitor.
On Wednesday, Commissiong asked the court if the ankle monitor could be removed. Balian objected, adding that Commissiong had not attended a required witness orientation.
Hanasono scheduled a hearing for Oct. 10, 2023 to consider updates on Commissiong’s compliance with court orders. Until then, the ankle monitor will remain in place.
Hahm informed Hanasono that witnesses he planned to call for trial are out of the country and cannot travel until February of 2024.
Looking at the court calendar, Hanasono asked the attorneys present to estimate the trial’s length. Balian said he expects to call eight witnesses over five days, and estimated two weeks for the trial including jury selection and presentation of defense witnesses.
The trial was continued to Feb. 6, 2024 for the start of jury selection.
A hearing was scheduled for Jan. 17, 2024 for all parties to update the court on trial readiness.
Peng, along with Hahm representing Astaphan, waived their rights to a speedy trial. Astaphan might not appear in court again until the start of trial.
“This time of year, I’m filled with the saddest and most heartbreaking memories of my life,” Yajaira Hernandez recently posted on Instagram. “I’m making every attempt to not give into my grief… but, there’s no way I am able to ignore the tremendous pain inside me from losing my kiddo.”
