Wednesday, April 9, 2008

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.

5 comments:

Anakerie said...

Gene, that is such good news! I'm so glad the jury saw what a monster Mario is. Please send my regards to Pat and the rest of Kacie's family. I'd been thinking about all of you all day long. What a relief!

Now we wait for May 16th to see how long they put him away for.... Hopefully a long long long time.

Anakerie said...

By the way, Gene.. You have the "scoop" on the verdict. I just looked at the Mt. Democrat site... No news. Zip. Nada. Not even a "breaking news" banner at the top like most newspapers do on their sites.

Anonymous said...

You should know that there seems to be some sort of delay or lag in your posting on this website. I checked your website after 5pm last night (eve of April 9) and this "verdict" post was not there, even though you indicate that you posted it at 3:39pm. So I gave up, and didn't read it until this morning, April 10th. Another friend of mine who has also been following, had the exact same experience. I wonder why it is taking so long?

Nonetheless, we are eternally grateful that you have maintained these posts, and cannot even begin to express our delight at the verdict.

Anakerie said...

I wondered about the time of the post as well. I didn't read it until after 7pm last night. I had been involved in other things, but had been checking the blog periodically, and didn't see the post until, like I said, after 7pm. Until I talk to my brother (ChaplainlimeyGene) and find out from him when he actually posted it, I have no answer for you. I will check with the blogger support site and see what is up with the delay.

I'm glad that you, your friend and others who have been reading the posts about the trial appreciate what we've done. It was a case with some personal involvement, and we felt it would be good to get the information out about what happened in the courtroom.

I can't speak for my brother, but I, too, am delighted that the jury saw what I saw in the evidence and didn't buy his "accident" version of the crime.

Chaplainlimeygene said...

I'm not real sure but that seems like the time I posted it. Got out of court about 2:30 and went to Dave and Val's to post it. Maybe because your site already has so much text, it might have to re=write it each time. I thought I checked (refreshed site) and it did post though... maybe not. Gene.