SALEM – A Superior Court judge has allowed the testimony of Jose Cabrera, charged with killing a Lynn gang member on Oliver Street in November 2008, to be used at his upcoming trial scheduled for December.Cabrera, 20, formerly of 76 Park St., Lynn, is charged with the premeditated fatal shooting of Tony Pich, who was gunned down on his front porch on Nov. 1, 2008 during an apparent altercation between rival gang members.Pich, 21, was shot once in the chest at 1-3 Olive St. shortly before 2:30 a.m. Pich’s family members drove him to the North Shore Medical Center in Salem, where he was pronounced dead at about 3 a.m. He was killed with a bullet from a 9mm revolver, but the gun was not recovered.Pich had fired gunshots back at Cabrera’s car, identified as a silver vehicle, as it went down Fayette Street, which faces Olive Street.A silver Kia was found two days later on Estes Street by police with a parking ticket on the windshield and a bullet hole in the trunk. Authorities believe the silver Kia was the same vehicle that the gunshots were fired from that killed Pich. Cabrera had denied any connection to that car. Henry Alvarez, formerly of Salem, is the registered owner, police said.Defense attorney Jeffrey Karp argued during several motion hearings in Salem Superior Court that began in June that the detectives ignored attempts by Cabrera’s then-attorney, Gary Zerola, to meet with him and interfered with his right to counsel.Judge Howard J. Whitehead found that Zerola’s testimony just didn’t “jive” and was not credible. The judge based his findings in entirety on two factors. Whitehead explained that during the hearing in which Zerola testified he observed his demeanor as to his testimony and Zerola seemed not to have a clear memory of events. The other factor Whitehead noted was that Zerola’s testimony was contradicted by reliable evidence. Once instance pointed out by Whitehead involved Zerola’s claim he had repeatedly come to the police station from court on an unrelated case wearing a suit but, in fact, he showed up at the police lobby around 4 p.m. in tattered paint-covered clothes.Cabrera’s father Juan had indicated to authorities he had intentions of hiring Zerola or had hired him.Zerola had made a phone call to the police station at 3:15 p.m. on Nov. 6, leaving a voice message for detective Paul Holey, whom he believed was conducting the interview, that he wanted to be present for the questioning and showed up around 4 p.m. at the Lynn police station.Holey testified earlier he was not involved in the investigation and the earliest possible time he could have heard the voice mail that day was 6 p.m.Authorities had picked up Cabrera at Lynn District Court when he was speaking with his probation officer and asked him if he would voluntarily come to the police station to speak with detectives, to which Cabrera agreed.Lynn Police officer Gary Haggerty testified Tuesday that he had observed Cabrera holding a parking ticket when he was at the probation office, but later when he asked him to produce the ticket, Cabrera declined. It later was found on his person by police.The interrogation lasted approximately one and a half hours.Karp challenged that police definitely showed “force” and maintained “there were times they were pressing” his client during the interview for information.Cabrera made a statement, but denied being involved in the shooting.But Assistant District Attorney Kristen R. Buxton argued that Cabrera was not in a “custodial” situation at the time and was free to go all along, at least until the latter part of the interview.The judge also ruled that the parking ticket found on Cabrera could be used as state’s evidence during the trial, but tossed out a cell phone that he was carrying.Cabrera remains held at the Middleton Jail without bail pending his trial which is scheduled for December.