PEOPLE vs MARIO LOZANO (Sentencing)

May 16, 2008. El Dorado Co. Superior Court. People vs. Mario Lozano.Case # P06CRF0427

I arrived at the courthouse with Val Duncan about 3:20. Today I'm wearing the tee shirt that says: What Part of Thou Shalt Not Didn't You Understand? .GOD But for today I trimmed about 4" off my beard so people can read my shirt. Pat and Sharon are both wearing the 2nd Annual Kacie's Ride for Hope tee shirts. I see almost everyone that previously attended plus several new faces. We almost filled the courtroom today. Gomes is talking to us telling us that we will have an opportunity to speak in court. I am requesting copies of the letters read and will post them later. I will try to get a copy of the court transcript even if I have to buy it to also post Mario's statement...

3:35 Judge Keller enters. This is the time and place of judgment and sentencing for Mario Lozano.

The judge read a probationary report and addressed Gomes and Atwell about statements to be read. He states that Mario Lozano has been found guilty of murder in the first degree. He then opens the floor for us to read our letters. I am asking Pat and Sharon for copies of their letters to post later. I want to get the sentence posted tonight.

Pat begins by showing several family pictures including Kacie at different times of her life. The first one is Kacie's 2nd grade class picture. He shows it to us and states this is how he remembers his sister. He steps over and pushes the picture in Mario's face and retreated as the sheriffs were scrambling toward him. His last picture was of a recent family gathering and Kacie's missing. There's something wrong with this picture, he says. Then he read his letter.

Sharon then read her letter and while she was reading, Pat quietly got up and walked out of the courtroom.

Then I read my letter.

Atwell requests if they can have one of Mario's hands uncuffed so he can read his letter. The court complied.

Mario read his letter. About six pages! He got up on a soapbox and began tooting his own horn for about 30 minutes. He went on about not having a rap sheet... no criminal record... how hard he worked... building custom homes in the islands... he built his own home there, free and clear... had a boat and how many nautical miles he traveled, how many places he'd been to, how he had planned to sail more... he had a good family life, two sons... he's a patient man and the length of his beard testifies to that... he just wanted to help Kacie realize her dreams, he sent her money for that purpose... he never lived with her and never planned to... blah blah blah. When he ran he wasn't hiding out with two sixguns in his hands, his intention was to arrange meetings with a lawyer and his son to sign everything he owned into his son's name to prevent the court from seizing everything to auction and cover court expenses and restitution... yadda yadda... and he had to bring up the problem of methamphetamine and wahh wahh waahhh. The bottom line was this: his only regret was leaving the island to come here! He closed with: he felt he had paid enough money to this community and that was his last word!
Yes, he did close with that was his last word!
His letter was a testimony of his pride and selfishness! We were shaking our heads wondering what his statements had to do with killing Kacie or her survivor's grief. We often looked at each other in confusion or disgust like "what the .... ?" He read it so fast the court recorder had to stop him three times and ask him to slow down.

Judge Keller addressed Mario and commented on the fact that there was not one word of remorse for his action. He then pronounced sentence:

On count 1 of first degree murder, 25 to life.
Special circumstances for discharging a firearm, 25 to life.
To run consecutively totaling 50 to life with no possible parole before 50 years and no possible time off.
On count 2 of auto theft, 2 years to run concurrent.
parole stipulations would run for 5 years.

He has 60 days to file an appeal and will not be allowed to file for appeal after that.

So there you have it, minimum 50 years.
Part of my statement was that at first I was dissapointed the death penalty would not apply. But after thinking about it, I realized that death would be the kindest sentence for Mario allowing him an escape from the memory of what he did. An escape Kacie's family and friends can't have.

Here's the sentence, I'll post more details later.
Gene.

UPDATE 5/25/2008

I have contacted the court recorder and will have a copy of the transcript for the May 16, 2008 sentencing in about 3 weeks. I could get it for 1/4 of the cost if I wait over 2 months. I don't want to wait that long for you readers to hear Mario's boasting and lies about himself. So check back later when I get it posted.

Chaplain Limeygene.