DAY5, PEOPLE vs MARIO LOZANO

April 9, 2008. El Dorado Co. Superior Court, People vs. Mario Lozano.
Case # P06CRF0427. (Jury's deliberation and verdict)

April 8, 2008. El Dorado Co. Superior Court, People vs. Mario Lozano.Case # P06CRF0427 (Jury’s deliberation and verdict)

I don't even have yesterdays notes transcribed yet but I'll not make you wait for that to hear this! I will complete them to post later and then I also have a transcription of the interview video to copy and post.

It’s about 10:00 when I show up at court today. The jury was going to start deliberation at 9:00. I’m wearing the first annual “Kacie’s Ride for Hope” Tee again. Pat, Annie, Doug and Lee arrive about the same time. Pat’s wearing his second annual “Kacie’s Ride for Hope” tee today. We’re standing and sitting outside in front of the courthouse talking and waiting. It’s a decent sunny morning. Kacie’s younger Aunt Becky Barron Botz arrives. She stays awhile, leaves for work and returns later. Brother John, arrives with his wife Judy and daughter Ella. John stays. Val Pease shows up with Cathy Parker, friend to Val and Kacie. She’s talking about how Kacie’s influence changed and probably saved her life. A new face is there, Donna Orr. She’s known Kacie since about the third grade. We visit with each other sharing stories of times past. Noon rolls around and we disperse into groups. Some people returning home and some to eat lunch downtown. After lunch, most all have returned. John returns wearing his second annual “Kacie’s Ride for Hope” tee. The sun is getting hot now and Pat mentions, maybe I should have brought sun screen. Ashea Tucker arrives. She’s grand-daughter of my partner and long time friend, Dave Duncan. She calls me Uncle Gene. There was a special relationship between Kacie and Ashea. Ashea ended up with Kacie’s Olds and worked on it to fix it just like Kacie did when she first got it. Mario had crashed it a year before all this happened and didn’t fix it. At around 2:00 we get word that we have a verdict. Phone calls are made and Val Duncan, my friend and long time friend if Kacie arrives. Carroll Watson arrives and about 7 new faces I don’t recognize.

2:26 Judge Keller enters. Gomes and Lt. Nida are there. Atwell and Mario enter.
Jurors enter and are seated. (After only about 5 hours of deliberation. They not only had to decide if Mario was guilty, but if so of what. First degree murder, second degree murder, manslaughter or involuntary manslaughter. plus the second charge of unlawfully taking and driving a vehicle.)
2:29 Court proceeds on the record.
The jury is asked if they have come to a verdict and Mr. Barnes the foreman hands a stack of forms to the bailiff. The bailiff hands them to the Judge and he looks over each form… handing them to the clerk he says: will the court please read the verdicts…

2:31 The Supreme Court of the State of California, in the case of the People vs. Mario H Lozano, finds the defendant GUILTY OF FIRST DEGREE MURDER.
Judge Keller asks, would you like the jury polled? Atwell answers, no. Gomes answers, no.

In the second count… …finds the defendant GUILTY OF UNLAWFULLY TAKING AND DRIVING A VEHICLE.
Judge Keller asks, would you like the jury polled? Atwell answers, no. Gomes answers, no.

Judge Keller looks at the jury and he states, this concludes your responsibilities as jurors. He thanks them for their part in this process, the sacrifices and commitment they made to perform this duty. He tells them they can now talk to whoever they want to about this case but are not obligated to do so.
2:35 Jurors are released and exit the courtroom.

The judge then proceeds with setting a date for sentencing. And asks what day would be convenient. Atwell says, a Monday or Friday.
Judge asks, looking at his calander, in my courtroom? Atwell says, we’ll wait.
Judge asks, May 16th? Atwell says, fine. Gomes says, that’s fine.
Judge asks, 3:00 May 16th? Atwell says, fine. Gomes turns and asks Pat and family, is that ok? Pat says, yes. And Gomes answers the judge, fine.
Judge Keller then checks with the clerk for the court’s schedule and says, set this for 3:30 on May 16th.
2:38 DONE!

We leave the courtroom and congregate outside in the hall. Hugs are exchanged and we are given the opportunity to thank the jurors who are still there and the members of the prosecution. As we leave the building and hover outside, most of us are dazed and exhausted but relieved and happy for the outcome. I’ll be there on May 16th to wrap this up and keep all of you informed.
Until then God bless, Gene.