Attorney Weighs in on Triple Homicide Suspect's Defense
Carlo Mercado's preliminary hearing has been moved up
By Andie Adams ••
The man accused of killing three people – two of whom were fatally shot outside the Mission Valley mall on Christmas Eve – will be back in court sooner than expected.
After originally waiving his right to a speedy preliminary hearing, Carlo Mercado, 29, reasserted that right last Friday, according to his public defender Gary Gibson. His hearing has been rescheduled from Oct. 20 to Sept. 2.
That court appearance will be the point where prosecutors present evidence against Mercado and the judge decides if there's enough against him send him to trial.
Criminal defense attorney Marc Carlos -- who is not involved in the case -- told NBC 7 in serious cases like homicides, it is standard for the defense to waive time restrictions on preliminary hearings.
"It allows you to discuss the facts with your client, to send your investigators out to speak with witnesses so that you're adequately prepared for the prelim," said Carlos.
The attorney for Carlo Mercado, the man accused of killing three people last Christmas Eve, says his client adamantly denies being involved. NBC 7’s Elena Gomez reports.
But he said Mercado's defense team may be switching their strategy if they want to move the hearing up.
Carlos believes the decision to reinstate his right to a speedy preliminary hearing was "a tactical reason on the part of the defense lawyer. He knows something that can benefit his client at this point."
Sometimes, that tactic could force prosecutors to tip their hand and show what forensic or circumstantial evidence they have against Mercado, according to Carlos.
That, or Mercado himself asked that his constitutional right be reinstated.
Regardless, Carlos told NBC 7 the preliminary hearing should have the same result whether it takes place in two weeks or three months from now, and the prosecution will be ready either way.
"This is what they do. This is what everybody does. It's not like you have inexperienced prosecutors or inexperienced investigators that have this case," said Carlos.
During Mercado's preliminary hearing, prosecutors are expected to reveal new, eagerly awaited details about the deaths of Ilona Flint and brothers Salvatore and Gianni Belvedere, as well as why police suspect Mercado killed them.
Facebook
(L-r) Gianni Belvedere, Ilona Flint and Salvatore Belvedere in a Facebook photo.
These images show evidence presented at the preliminary hearing of Carlo Mercado on Sept. 3, 2014. This shows a phone calender that has "R.I.P." listed as an event on Dec. 24, 2013: the day Ilona Flint and Salvatore Belvedere died.
These guns, magazines and boxes of ammunition were confiscated from Mercado's SUV during a Border Patrol stop on Jan. 18, 2014, the day after Gianni Belvedere's body was found in his car in Riverside.
Among the weapons was a .22-caliber handgun, which prosecutors say was used to kill all three victims.
Multiple boxes of ammunition were confiscated from Mercado's car in an unrelated weapons case.
Riverside Police showed images from the crime scene were Gianni's body was found in his green Toyota. The photos were presented at Mercado's preliminary hearing on Sept. 3, 2014.
A can of Febreze and two boxes of Arm and Hammer air freshener were found next to Gianni's decomposing body in the trunk of the car.
NBC 7
Investigators say the can had traces of Mercado's DNA on the duct tape holding down the trigger.
NBC 7
Here is a homemade silencer detectives say they found in Mercado's car during the traffic stop on Jan. 18.
NBC 7
Investigators showed how the silencer fit the handgun found in Mercado's car in this photo.
NBC 7
An image shown during the preliminary hearing for Carlo Mercado, accused of a triple homicide in San Diego on Dec. 24, 2013.
NBC 7
An image shown during the preliminary hearing for Carlo Mercado, accused of a triple homicide in San Diego on Dec. 24, 2013.
Courtesy of Carlos Cortez
The scene in Riverside, Calif., after police found a car tied to Gianni Belvedere in the parking lot of a shopping center on Jan. 17, 2014. Inside the vehicle, police discovered the body of a man.
NBC 7
Another piece of evidence found in the corner of a license plate on the car containing Gianni Belvedere's body.
NBC 7 San Diego
Carlo Mercado, 29, appears in court for his preliminary hearing on Sept. 2, 2014.
Belvedere Family
Family photos published to the website "Justice for Sal, Gianni, and Ilona."
Belvedere Family
Family photos published to the website "Justice for Sal, Gianni, and Ilona."
NBC 7
The scene of the shooting outside the Macy's in Mission Valley on Dec. 24.
NBC 7 News
The scene of a double shooting on the morning of Christmas Eve - the parking lot near the Macy's in Mission Valley.
NBC 7
A photo of Ilona Flint from Facebook.
NBC 7 San Diego
Nearly six months after the Christmas Eve killings, San Diego resident Carlo Mercado, 29, was arrested in connection with the deaths of Ilona, Sal and Gianni. Mercado was booked into jail on three counts of first-degree murder.
Courtesy Belvedere, Flint families
Family photos published to the website "Justice for Sal, Gianni, and Ilona."
cassell78
Carlo Mercado at his arraignment in June 2014.
Belvedere Family
Family photos published to the website "Justice for Sal, Gianni, and Ilona."
Belvedere Family
Family photos published to the website "Justice for Sal, Gianni, and Ilona."
(L-r) Gianni Belvedere, Ilona Flint and Salvatore Belvedere in a Facebook photo.
Getty Images
Family photos published to the website "Justice for Sal, Gianni, and Ilona."
NBC 7
Carlo Mercado's home in Mira Mesa, north of San Diego.
Getty Images
Carlo Mercado at his arraignment in June 2014.
SDPD
Gianni Belvedere, 24, was considered a missing person in the days after the Christmas Even shooting, not a person of interest in the slayings.
Andre Briones
A friend of Ilona Flint (L) said she was the most patient person he'd ever met.
NBC 7
The post from the sister of Gianni and Salvatore, asking for help finding Gianni.
NBC 7 News
The scene of a double shooting on the morning of Christmas Eve - the parking lot near the Macy's in Mission Valley.
Facebook
(L-r) Gianni Belvedere, Ilona Flint and Salvatore Belvedere in a Facebook photo. A friend of Ilona's said the brothers would take turns picking her up from her job because she didn't own a car.
NBC 7
The scene of a double shooting on the morning of Christmas Eve - the parking lot near the Macy's in Mission Valley.
Facebook
(L-r) Gianni Belvedere, Ilona Flint and Salvatore Belvedere in a Facebook photo.
SDPD
Gianni Belvedere, 24, has been missing since the shootings of Flint -- his longtime girlfriend-turned-fiancee -- and Salvatore Belvedere, his younger brother. Police consider Gianni a missing person at this point, not a person of interest in the slayings.
SDPD
Gianni Belvedere, 24, has been missing since the shootings of Flint -- his longtime girlfriend-turned-fiancee -- and Salvatore Belvedere, his younger brother. Police consider Gianni a missing person at this point, not a person of interest in the slayings.
Courtesy of Carlos Cortez
The scene in Riverside, Calif., after police found a car tied to Gianni Belvedere in the parking lot of a shopping center on Jan. 17, 2014. Inside the vehicle, police discovered the body of a man.
NBC 7 San Diego
Carlo Mercado at a pretrial hearing in July 2014.
NBC 7 San Diego
Carlo Mercado appears at his preliminary hearing in San Diego in early September 2014.
NBC 7 San Diego
On Jan. 12, 2017, Carlo Mercado, 31, changed his plea to guilty in the mysterious 2013 triple killings of brothers Gianni and Salvatore Belvedere and Ilona Flint.
Flint and Salvatore were found gunned down in the Macy’s Mission Valley parking lot last Christmas Eve. After calling 911, Flint died at the scene, and Salvatore passed away a few days later.
On Jan. 17, 2014, Flint’s fiancé Gianni was discovered dead from a gunshot wound in Riverside, his body lying in the trunk of his car.
Nearly six months passed with no break in the case. Finally, on June 20, police arrested their suspect: Mercado.
On Wednesday, 29-year-old Carlo Mercado pleaded not guilty to three counts murder in a case that started last Christmas Eve. NBC 7’s Bridget Naso reports.
Shortly after his incarceration, Mercado was hospitalized for unspecified injuries while in jail.
His former attorney said Mercado denies any involvement in the case and has since pleaded not guilty to three counts of first-degree murder. He is being held without bail in the San Diego Central Jail.
