The trial has still not yet begun for Jose Ines Garcia-Zarate, the 54-year-old man formerly known to us as Juan Francisco Lopez-Sanchez, who stands accused in the 2015 fatal shooting of 32-year-old SF resident Kathryn Steinle on Pier 14. During preliminary hearings this week, as NBC Bay Area tells us, public defender Matt Gonzalez showed tape in court of Garcia-Zarate's initial interview with police, and featuring the interpreter who read him the translation of his Miranda rights, calling into question whether the translation used was correct.
Apparently, the interpreter did not read off the Miranda card precisely and instead something more closely translated as "You have a right to wait for silence" rather than "You have the right to remain silent."
Gonzalez says he plans to call court-certified interpreters in to question the contents of the video, and question whether Garcia-Zarate was properly informed of his constitutional rights, which could mean that comments Garcia-Zarate made to the SFPD about the weapon he allegedly used in the killing could be removed from the record.
Details about the gun and how it ended up in Garcia-Zarate's hands will be front and center in the defense's case during trial, as has been revealed over the past few months. Gonzalez has already argued in a Chronicle op-ed that the gun used, a Sig Sauer .40 caliber automatic pistol that was stolen from a Bureau of Land Management agent's vehicle, has a notorious hair trigger, and that the bullet that killed Steinle was shot out of the gun accidentally and ricocheted off the ground or another surface.
Also this week, as NBC Bay Area reported, the BLM agent will be allowed to testify in the case, and the judge gave instructions about what questions he can and can not be asked during trial. That agent, a 37-year-old BLM ranger named John Woychowski, was publicly identified in July. He is based in Southern California and the circumstances in which he, his gun, and his vehicle were in San Francisco remain unclear. Garcia-Zarate has previously said that he found the gun wrapped in a t-shirt under a bench near the Embarcadero.
Previously: As Jury Selection Is About To Begin In Kate Steinle Murder Trial, Suspect Changes His Name