San Jose Escorts: Murder suspect: San Jose victim mutilated himself
Rodriguez, now 50, faces a maximum of 25 years to life in prison if the jury convicts him of first-degree murder. He could get 15 years to life if jurors opt for second-degree. However, if the jury believes he acted in the heat of passion and convicts him of manslaughter, he would face only six years — the sentence on the books three decades ago.
Police remained unaware of Rodriguez’s role until recently because he fled the scene and never called them. His involvement was only discovered in 2008, when the crime lab running a cold-case test on a bloody towel found at the scene matched Rodriguez’s DNA.
Rodriguez testified Monday that he believes he was the victim in the incident, but he was afraid to report the encounter to police because he felt they wouldn’t believe a male prostitute. He said he had once tried to report being pelted with bottles from people driving by the spot in downtown San Jose where he waited for male customers to approach him, and that authorities told him it was his fault for being “flamboyant.”