Wow.. It's been a week since my brother or I posted. This week has been so hot that I just haven't sat in here at my computer a whole lot. And when I have been at the computer, I'm semi brain dead! lol... No, not really. I got sidetracked a bit watching some of the Neil Entwistle trial among other things.
First of all I'll start the "news" with an article in the Appeal Democrat (the local newspaper) about Rex Archer. The preliminary hearing for the case was supposed to have happened last Wednesday the 18th, but was postponed again at the request of the defense attorney. The new hearing is supposed to happen this coming Wednesday, June 26th now. We shall see, I guess.
I got a bit of information about Mario Lozano's location from a couple of sources. He was apparently transferred from the El Dorado County Jail to Deuel Vocational Institution (DVI) at Tracy. My sources tell me he could be there anywhere from a few weeks to a few months depending on how long his processing takes. They'll be looking at his entire history; medical, psychological, criminal, his life and everything about him before deciding where to house him next. Kacie's family and friend as well as the other people this man victimized are hopefully resting much easier knowing that Mario is secure in the hands of the California Corrections Department.
As for the fires I had been following and reporting on, most of them have been 100% contained or extinguished. (Thank goodness!) The Humbolt Fire near Chico, the Whiskey Fire and the Martin Fire are all at 100% contained. The problem the firefighters are having today though are hundreds of new fire starts as result of dry lightning strikes all over the state yesterday. With manpower stretched over all of the fires, it's going to be a mess to clean up! California Fire News had a couple of images up that showed the dry lightning strikes yesterday. Very scary..
The Indians fire is still very active though. It's 59% contained and has burned over 53,000 acres. Fort Hunter Liggett is still somewhat "safe" as the fire is burning more towards the North and East. The fire did manage to get onto the Fort's territory some before turning back on itself and going to the North again. They have determined that the cause of the fire was an "escaped campfire". The Inciweb site has no estimation of control or containment yet.
A new fire, the Wild Fire near Napa is causing evacuations and a lot of fear today. They've lost 1 home so far and over 100 more are threatened. The fire is only 10% contained as of 8am this morning and the acreage scorched is over 1000 acres.
I'm not going to list all of the fires that are going on. There are just too many. If you click on this link to the CalFire Current Incidents page, you'll see what I mean. Or just click on this link to CalFire's Northern California Lightning Series Summary you'll see even more. Between the hot dry weather here in the West, the floods in the Midwest and other "weather events" around the world, the news media is going to be very busy reporting on disasters this summer, I think.
As for me right now, I'm going to go fix some iced tea and perhaps turn my air conditioner on. It's not even 11am and it's getting uncomfortably warm in the house.
Showing posts with label Mario Lozano. Show all posts
Showing posts with label Mario Lozano. Show all posts
Sunday, June 22, 2008
Sunday, June 15, 2008
MAY 16,2008, The People vs Mario Lozano. Transcript of Report and Sentencing.
May 16, 2008. El Dorado Co. Superior Court. People vs. Mario Lozano.
Case # P06CRF0427. Report and Sentencing.
This is a copy of the transcript I purchased. I will copy it in the format I received it in. It does not have the times as I included when I was “reporting” and I will keep my comments and corrections in italics.
THE COURT: (Judge Keller) Good afternoon. This is the matter of the people of the State of California versus Mario Lozano. This is Case P06CRF0427. And this is the time and place for sentencing. And counsel are ready. I see Mr. Atwell is here on behalf of Mr. Lozano. The District Attorney is represented by counsel (Gomes) this morning. And is there any legal cause why judgment should not now be imposed?
MR. ATWELL: No your honor, there is not.
MR. GOMES: No, your honor.
THE COURT: The Court has read and considered the probation report that was filed on May 7th, 2008, consisting of seven pages.
Has everyone had the time and opportunity to read that probation report?
MR. ATWELL: Yes, Your Honor.
MR. GOMES: I have, Your Honor
THE COURT: Have there been any statements in mitigation or aggravation filed? I didn’t see any with the report.
MR. ATWELL: No, Your Honor, no statements that I am aware of.
Mr. Lozano has asked that he be allowed to address the Court, however.
THE COURT: All right.
MR. GOMES: There are three individuals, family members of the victim that also would like to address the Court at the appropriate time.
THE COURT: All right. We’ll do that.
The Court intends to follow the report and recommendation and finds it is without power either to grant or deny probation or suspend imposition of sentencing by reason of rule 4.413(a), statutory provisions prohibit a grant of probation pursuant to PC 190(a), and the jury found that the defendant was guilty of murder in the first degree.
Mr. Atwell first. Do you wish to be heard concerning the sentence?
MR. ATWELL: No, Your Honor. We’ll submit to the matter.
THE COURT: Okay. Mr. Gomes.
MR. GOMES: The People are prepared to submit to the matter as well.
THE COURT: All right. And you indicated that there were three individuals that wanted to speak on behalf of the family; is that correct?
MR. GOMES: There are.
I will let you guys decide the order and grab the podium for you guys.
(Pat Barron steps up to the podium first.)
THE COURT: Yes, sir, your name.
MR. PAT BARRON: My name is Pat Barron. I’m Kacie’s older brother.
Thanks for this opportunity to do this right now.
I wrote a letter, something, (at first) but I kind of put it together in a little presentation.
My sister Kacie was four years younger than me. This is my sister as I know her. (Indicating.) (Pat shows each picture to the court and turns around and shows it to us.) She is in second grade right here.
(Then he steps from the podium to behind Mr. Atwell and reaches the picture in front of Mario’s face.)
THE COURT: Mr. Barron. Mr. Barron, stay back by the podium, if you would.
MR. BARRON: All right. I am doing my best here.
This is another picture of myself, my brother Johnner, and my sister. We’re at a funeral.
Here’s another one (Indicating.) at my wedding with the wife that my sister introduced me to, my brother, my sister. I don’t know why my wife isn’t in this picture. She took it, maybe. And my mother is in this picture.
This is a family barbeque, my wife, my mother, my brother, my nephew Nick, my brother’s, lady, and my sister, you know, doing family things.
This is my sister being a mom at her son’s graduation.
And when he was a small - - young man, young boy.
Kacie was a very good mom.
This here is a picture of the last barbeque we had, my nephew’s birthday. You see me, you see my brother, and you see Nick, my sister’s son.
There’s something wrong with this picture. There’s something wrong with this picture.
I am no poet, I am no author. So what comes out of here is what you get.
I’ve already told you guys I’m Kacie’s older brother. What am I to say To the Court about a killer that took my little sister’s life?
I feel empty. I am full of rage.
I don’t know how I stayed in my seat during this trial with the guilt, the fear. The helplessness has been absolutely dreadful beyond description. (More than once Pat exercised control over his temper by getting up and walking out of the courtroom.)
This person that sits here before us today, as far as I’m concerned, does not even have an identity.
I refer to him as: The killer.
He is a sick puppy and deserves to never see the light of day .
He murdered my little sister, Kacie.
She did not deserve to be robbed of her life. She was only 40 years young. She’s gone forever.
I cannot even imagine the sick demented thoughts that went through this killer’s head at the time he shot Kacie to death.
The testimony of this killer was riddled with confusion and lies. My only help was to sit through this God-awful trial and make some sense of what happened that day.
I feel that I will never know the complete truth.
For nearly two years waiting for this day, my life has been at a standstill. I felt as if I could not move forward.
My only saving grace is the fact that when this killer hears the clang of those prison gates behind him that what he has don’t to Kacie, myself, and my family, I hope will torment him daily as it has me.
I hope that prison is everything they say and more.
Stuff him in the cell, throw away the key.
I love my sister Kacie, and I miss her.
P.S. In prison I hope you find the love that you have been looking for.
THE COURT: Thank you, Mr. Barron.
MR. PAT BARRON: Thank you.
THE COURT: Good afternoon, ma’am. And your name?
MS. SHARON BARRON: My name is Sharon Barron. I am Kacie’s sister-in-law. Pat’s wife.
Thank you for this opportunity.
Kacie was taken from our family and community July 26, 2006. Kacie was a mother, a daughter, a sister, and an aunt, a cousin, a sister-in-law, and a friend.
The family and friends will never be the same without Kacie, and I worry about Nick, her son who found her, and the impact of the scene that will forever be etched in his mind.
From all the things that he will miss without his mom being there. She didn’t get to celebrate Nick’s twenty-first birthday, the day when he gets married, or when he has a baby. She won’t be there.
All the things that will happen in his life, he can’t share with his mom anymore. Kacie loved babies. She loved her nephew Ian and she didn’t get to even see her newborn niece Ella before she died.
She loved to raise a garden, and she had a big one growing when she died.
Do you know how hard it is to water the garden knowing Kacie couldn’t enjoy it anymore?
It upset me so bad taking the veggies that she had been so happy to grow. It just wasn’t right, although I know that she would have wanted us to enjoy what she loved doing.
Kacie loved to ride motorcycles. When my Pat—when Pat, my husband, her brother, bought his new Harley, he stopped by to give her a ride. And that was the last time he ever saw her alive.
She would brag to her friends about the bikes that Pat had, and if they needed a part for it, Pat probably had it. She loved her brother, always bragged. Then I think she went to every performance that her brother Johnner’s band played in.
She took pictures and showed them of to everyone. She was really becoming quite the photographer.
I know Kacie dearly loved her son Nick and her brothers and little nephew.
I don’t know what to call the murderer. I do not believe that he deserves a name, and it makes me ill to think about him ever having a name.
He not only took Kacie’s life, he also took part of our life, and she was an important part of our family and a friend to many.
Why couldn’t he have dealt with rejection like a man and just left Kacie and be on your way?
Instead, you decided to take her life.
You said it was an accident. You lie. You deliberately did this heinous murder with the gall to steal her credit cards, handguns, and her car. What a total lowlife.
In your confession you had the audacity to tell lieutenant Nida that you loved Kacie.
Prison time is not good enough for the premeditated and malicious murder of Kacie. You deserve to die.
You are a murderer, a liar, a thief. And why should you live?
The only hope I have with you being in prison is that you will think about what you did every day and I hope you burn in hell.
The only thing we want is to have Kacie back with us. But that’s not possible, is it?
Thank you, Your Honor.
THE COURT: Thank you, Ms. Barron.
Good afternoon, sir. Your name?
CHAPLAIN GENE JOHNSON: I’m Gene Johnson.
I have known Kacie and her family for over 25 years. When I started dating Kacie in May of 2004, she told me then that Mario had been making advances towards her and she wasn’t interested in responding to him at that time.
She shared a couple things with me about his actions at that time that I thought were pretty immature, pretty infantile and selfish.
(He left notes around her office saying things like “Queen Bitch” and helped himself to an unopened bottle of wine without asking or even telling her that he drank it.)
Sometime around 2005, Mario borrowed and crashed Kacie’s car without bothering to mention he didn’t have a valid license at the time until he was on the phone with her after the collision.
He couldn’t make—she couldn’t make an insurance claim because of that. She didn’t want to get him in trouble at that time.
He told her someone else had been hit also, and he left the scene when he heard that the sheriffs were going to come.
Mario promised to fix her car but never did anything about it.
So after several months she talked to me about helping her to fix it. So that’s been completed, unfortunately after she’s gone.
I still don’t understand how a hit-and-run driver could swipe the passenger side of her car.
Kacie and I dated for about five or six months, and I('d) drive up from Colusa almost every weekend to spend time with her.
I really thought she was a strong individual. She didn’t need to be maintained. She was resourceful and she wouldn’t bat an eye at going out of her way to help someone truly in need. She had serious back injuries but refused to be disabled.
I loved her and wanted her to be my companion.
But when I even mentioned marriage, she wasn’t going to even consider that, and I wasn’t going to settle with just living together. So when things weren’t going that way, I was able to step back and I wanted to continue enjoying the friendship that she was able to give.
I still enjoyed coming up occasionally and helping her with her projects, whether it was working on the house, the garden, cars, appliances or computer, whatever, or her trailer, or whether it was helping her to help someone else.
I visited her, I can’t remember if it was the weekend or two weekends before she died and refilling (refilled) cartridges for her printer(s).
(She was working in her garden and I brought the cartridges and refill kit out to the garden to be able to visit while we were working.)
I don’t think Mario could even appreciate Kacie’s strength and character.
It probably bothered him that she had a life and opinions of her own and that she wouldn’t respond obediently to his desires or his demands.
I have met so many people that were rescued from abusive relationships by Kacie, some when they were children and some when they were adults.
The person—I will leave that out.
But she would not hesitate to put herself in harm’s way to give her friends a safe haven and time to think. She helped several escape dangerous relationships. She literally saved a lot of lives just because it was the right thing to do and that’s where her heart was.
So how the hell did she end up with Mario in her life?
To end her life because she pissed him off?
He had to selfishly hang around and forced her to have to stay at other friends’ houses waiting for him to leave. And he just wouldn’t leave without his bags. So he got Nick’s shotgun and was going to show her, huh?
It doesn’t matter whether Mario turned off the safety or even chambered the first round, he should have just left.(!)
Even if the first shot was an accident, he should have just left.(!)
(The first shot wouldn’t have even happened if he had just left!)
So after she was hit with the first shot, he had to kill her so she wouldn’t suffer?
He had been making her life hell long before he even argued with her that day. She was already suffering because of him.(!)
Mario’s lack of self-control, his inability to control his anger and just walk away cost Kacie her life and tore up more lives than he can imagine. He ripped off the world.
At first I was a bit disappointed that the death penalty was not an option for this trial. But then I realized that death would probably be the kindest sentence for him. It would allow him an escape from the memory of what he’s done to Kacie and her family, an escape that Kacie’s family and friends can’t have.
But I strongly feel that if Mario lived 60 years without learning to control his temper, he would just be a time bomb if he was ever to be paroled and allowed the possibility to use it and destroy more lives.
THE COURT: Thank you, Mr. Johnson.
Is there anyone else who wishes to make any comments?
Mr. Atwell, you indicated Mr. Lozano wanted to make a statement?
MR. ATWELL: Your Honor, could I have one of his hands released here so he can handle his paper?
THE COURT: Yes, go ahead.
THE DEFENDANT: (Mario Lozano.) Thank you, Your Honor.
Your Honor, you do not have before you a stack of files, chronically innumerable papers by any other person in the 60 years prior to my arrest in August of 2006. No rap sheet has ever been compiled detailing arrests and convictions for crimes of any kind, other than my period of incarceration, no parole or probation, no pages of fines or orders for restitution. I have no history of drug or alcohol abuse, nor of any related problems such as DUI, public drunkenness, property damage. I have no record of weapons discharged or even of weapons purchased.
I have no guns—no weapons registered to me because I have never owned any.
I have no record of domestic violence, moral turpitude, or crimes against nature.
I do not have a history of failed business enterprises one after the next, no bad dealings with buyers, no contracting license law violations, no insurance scams, no price fixing, no bribery charges, no tax evasion charges.
I had top secret security clearance while in the military, so you may correctly assume that nothing lurks in my juvenile record as well.
We know all of this is true because the prosecution has proven beyond a shadow of a doubt, if not intentionally, then, by it’s failure to introduce evidence to the contrary.
Throughout the trial the prosecution’s table was festooned with all manner of electronic gimcrackeries. So we can be certain that they scoured every corner of my life, attempting to bolster their case. No doubt exists in my mind that any negative evidence that could be dredged up by the prosecution would have landed in this courtroom with the same melodrama hit with a thud when any (my) bags hit the floor in front of the witness stand.
Your Honor, my main goal in life has been the pursuit of happiness. I have cleaved this best by staying to the happiness of others, my family first and foremost.
I have been blessed with two fine sons who are the light of my life, both of whom are a credit to the state of Hawaii to the branches of military in which they both have served respectively, and who are now going on to raise their own families.
(About here I am looking at others in the audience getting looks like “what the hell has this got to do with you killing Kacie!”)
I have derived no amount of satisfaction from my chosen profession. For 22 years I worked for a company that built custom homes ranging in size from 10 to 50,000 square feet or more, most multi-million dollar home(s) for very wealthy people, people who you have maybe seen on television or movies, or whatever. The type of work that requires a high degree of proficiency of very demanding clients who do not suffer fools gladly and for whom money is no object.
I have—I obtained my license in 1990 and that will—my client is rarified as is my former employers. What I learned in all that time has made it possible for me to operate strictly on a referral basis. I worked around the world as the need arose to various cities. All of this has made for a very nice life in a place everyone refers to as paradise.
(Again… what??? And, so what!!!)
It has made it possible for me to sail my own boat to 17 different islands in the Central and South Pacific. And if you look at my past through the files, you will find that I have traveled to over 30 countries, family vacations, most of them.
My life has been a gift that at one point several years ago I felt compelled to do more than merely pay taxes and donate my money to this, that, or the other charity, so I became involved with building homes for people less fortunate than I.
And more recently have begun to donate time in a hospice for the terminally ill down the hill from my house. The gratitude expressed by those for whom we built homes and by those for whom a little time is more than most people can afford, more than made up for my money I did earn working for myself.
And that is the spirit in which I came to help my friend, my intention, based on what she had told me, were to finished getting her moved out of her house and get her and her trailer down to Kingman, Arizona, after which I had no idea what her plans involved, nor did it matter to me because I had to be back home by the 1st of August for a project that I had already spent two years on.
I had not ever lived with Ms. Barron at her Placerville house address. If I had, her father (Actually, her step-father who removed Mario’s clothes and personal possessions from the house after the dectectives were finished.) would have required that I pay her rent, and while it makes absolutely no sense to live with Ms. Barron, especially not in a 24-foot trailer in Kingman, Arizona.
(Hmmm… sure sounded like you were planning on traveling with her in your statements to Lt. Nida. Remember how upset you were when the trailer wasn’t done and you complained about feeding gas to a Chevy with a 454 on a limited income? Were you lying then or now?)
I own my home in Kauai. I own it and the land it sits on outright. Outside of property tax, I behold no man for any part of it. I built it myself. And it is only one of three cantilevers on the island of Hawaii. I love that house and regret very much that I will never see it again.
The idea that I traded my home in paradise for a 24-foot travel trailer in a place that can get 117 degrees in the shade is someone’s allegations, fantasy. Not mine, I assure you.
I sent Ms. Barron money so she could catch up on her phone bills, and find and pay for a different storage place, fix whatever was wrong with her trailer and truck, and be ready to go by August.
I have also bought and sent her a laptop computer and enough money to buy a wireless card, along with the service contract. I did all of this because I believed what she told me. I had no reason not to, and she did not have a reputation as a liar.
And here’s where we run into the elephant that everybody has been tiptoeing around in this case: Methamphetamine.
It is the only explanation for the 180-degree personality shift that I witnessed in my friend. It’s sustained use has caused my friend to mislead me about her situation, and prevented her from simply being honest with me while I was still in Hawaii. Had she told me the money I sent was gone and she was nowhere ready to leave to Arizona, I would have advised her to seek help if she felt she needed it, and I would have told her if she was inclined to get out from under that, she could count on my support.
I am a patient man, Your Honor. The length of my career bears witness to that.
(What??? What did you say? That didn’t even make sense! Patience had nothing to do with me being a mechanic for 30 years…)
I live on an island and is part of an archipelago, which is considered to be the most remote spot in the planet. It has been my experience impatient people do not live long when they are there.
When I tell you my friends would have my support, I mean if she was to have made a sincere effort to turn her life around, I would have been there until the cows came home.
However, this doesn’t mean that I would have volunteered to pay for her rehab. And as a practical matter, there are many other ways to help a person find their way to recovery.
But by July of ’06 this was no longer a possibility. The horse had left the barn long before I got there, and all that was left for me at that point was to take care of what was still mine.
(The autopsy did show some trace of methamphetamine but no signs or indication of chronic use. She probably used to stay alert when she was afraid to sleep.)
The imagination of the prosecution had me playing hide and go seek down in Mammoth Lakes preparing to take on the Eastern Sierra and armed with a .226 caliber six-shooter.
The reality is much less melodramatic. My oldest son lives in Oahu. And when I moved down to Mammoth Lake enough time—
THE REPORTER: Excuse me, you are speaking too fast.
THE COURT: She has to take this down, Mr. Lozano. I’ll ask you to read a little bit slower.
(This was actually the second time she had to slow him down.)
THE DEFENDANT: When I got down to Mammoth Lake, it was enough time to have my son go over to Kauai, meet with my attorney, and transfer everything I owned into his name, house, trucks, everything. And for the next couple of weeks by virtue of Fax and Fed Ex, that is precisely what I did.
Because in this Brave now world O’Patriot Acts and such, I had no way of knowing for certain whether or not any assets I possessed at the time of my arrest would be frozen pending the outcome of any state or civil action against me and then subsequently be auctioned off for the benefit of whomever were I to be convicted of any crimes. I found such a scenario as this or any irrelevant variation thereof completely untenable, to say the least.
(In other words: I’m so selfish I couldn’t stand the thought of my belongings paying restitution to the family or the state.)
In all my life many say to be a suffusion of struggle to house, clothe, feed and otherwise provide for my family, far from it. In fact, neither has it been without some rough spots along the way. There is no day without night.
And I believe that my family and I came to appreciate our bounty all the more for having experienced both times and belt-tightening and penny-pinching.
For those and many other reasons, I simply could not allow something like that to occur. I could not stand by and just let the State of California, El Dorado County, or Placerville sell off everything I owned and then distribute the proceeds however they saw fit.
I had already donated a fair sum to this part of the world. And my reluctance to continue that largesse cannot be overstated.
By the time I got back to Mammoth Lakes from Idaho, it was all pretty much done except for a few loose ends, and I could simply wait for the authorities to arrive, which is what I did.
Your Honor, I sent money to my friend as a way to help her obtain her goals of going to Arizona to visit and travel around the state sightseeing and working on her photography. She was very good at it, and we discussed the possibilities of publishing and/or showing some of her finished work at sometime.
I was happy for my friend, Your Honor, glad that I could help her on her way to fulfilling her dreams. I know just how good it feels to sit—to sit and to achieve life goals and besides the fact that all plans are usually only good for the first 30 minutes once they are implemented.
But nevertheless, it is nevertheless both necessary and fun to make them. They generally tend to serve as guideposts along the way, and it is always fun to compare the estimate with the end result.
I also had plans, Your Honor, long-range plans that I had been firming up for a number of years. Plans that involved the sale of my business, the initiation of my retirement accounts, the purchase of (and) outfitting of a new boat, and the setting up of accounts that I could access with no problem.
I have made many passages all over the Central and South Pacific, some 200,000-plus nautical miles at last count. I intended to do another thirty or forty thousand miles to that total by sailing up to Alaska and just deploying the coast from there down to Tumaco to South America taking perhaps a couple of years to do that, approximately 50,000 miles, give or take.
(I see people in the courtroom looking around at each other again with that same look on their faces. What the hell does this have to do with you killing Kacie!!!)
It wasn’t meant to be, I suppose. In a few minutes this will all be over with and we will all go our separate ways. Most of you here today will take a certain amount of satisfaction that I will die in prison. So be it.
(Wahhh, wahh, wahh!!)
Life guarantees two things, that we all die and, two, that we all die alone. It doesn’t matter where we are when this happens, nothing can be done to change it. And we either go on from there or we do not, depending on your beliefs.
I believe that I have been here before and that I will be here again. And one of these times I will get it right and won’t have to continue these visits anymore.
It doesn’t matter to me that any of you believe this or not. It only matters that I believe it.
I have many things to be grateful for in my life, especially my son.
I also have a few regrets, most especially that I ever left my other home and came to this place, and that is my last word on the subject.
THE COURT: Thank you. One thing, Mr. Lozano, that speaks loud. Based on your statement to this court, I didn’t hear one word of remorse for the victim or the family of the victim for your conduct on the 26th of July of 2006.
I think that the remorse, if you have any at all, is only because of the predicament that you currently find yourself in.
The jury having found the defendant guilty of Count I, murder in the first degree, 187 of the Penal Code, the Court adopts Count I as the base term.
The defendant shall be committed to the California Department of Corrections for Count 1 for the term of 25 years to life.
The jury further found the defendant was personally and intentionally discharged a firearm causing death, and an enhancement which requires an imposition of an additional 25 years to life to run consecutive.
Total term of commit(ment) to the California Department of Corrections for Count I with the enhancement is 50 years to life.
Total—the jury on Count II found you guilty of 10857 of the Vehicle Code, commonly known as auto theft. The Court imposes the midterm of two years in State Prison for Count II. The Court finds that the crime was committed at the same time and place as Count I and orders this sentence to run concurrent with Count I
Total time of commitment to the California Department of Corrections is 50 years to life.
The defendant is given credit for 644 days actually served pending these proceedings.
The defendant is assessed a civil judgment pursuant to Penal Code 1202.44(f) for restitution in the amount of $2,741.96. Said amount is Payable to the California State Victim Compensation Board.
Defendant is assessed a civil judgment for Penal Code 1202.4(f) for restitution to the victims in this case, and in the amount to be determined by the probation department.
The defendant is ordered to pay a restitution fine in the amount of $5,000 pursuant to 1202.4.
The defendant is to pay a restitution fine, a parole revocation fine, in the amount of $5,000 pursuant to Penal Code Section 1202.45. And this fine is stayed pending satisfactory completion of parole.
The Court finds the defendant is able to pay a cost of the probation report in the sum of $460 pursuant to Penal Code Section 296.
The defendant is advised that he is subject to a period of parole for up to five years following release from the Department of Corrections and any violation of the condition of parole can subject you to incarceration up to one year for each such violation.
You are advised of your right to appeal this sentence and/or the verdict in this matter. You must file your written notice of intention to appeal in the Superior Court within 60 days of today, signed by you and your attorney.
If you do appeal, you have the right to a complete transcript of the trial proceedings at no cost to you.
You also have the right to a court-appointed attorney to represent you if you do not have the financial ability to retain the service of an attorney to assist you with an appeal.
If you do not file your written notice of intent to appeal within 60 days of today, your right to file an appeal will be lost forever.
Do you understand what I just told you about your appeal rights, Mr. Lozano?
THE DEFENDANT: Yes, sir.
THE COURT: And do you have any question you wish to ask me about your appeal rights?
THE DEFENDANT: No.
THE COURT: Defendant is remanded to the custody of the sheriff of El Dorado County for the transportation to the California Department of Corrections.
The reporter is directed to prepare a transcript of the entire sentencing proceeding and file a copy with the clerk of the court. This matter is concluded.
(The proceedings concluded.)
---oOo---
As we gethered outside the courtroom, Dale Gomes commented that most of what Mario was whining about were lies anyway.
Case # P06CRF0427. Report and Sentencing.
This is a copy of the transcript I purchased. I will copy it in the format I received it in. It does not have the times as I included when I was “reporting” and I will keep my comments and corrections in italics.
THE COURT: (Judge Keller) Good afternoon. This is the matter of the people of the State of California versus Mario Lozano. This is Case P06CRF0427. And this is the time and place for sentencing. And counsel are ready. I see Mr. Atwell is here on behalf of Mr. Lozano. The District Attorney is represented by counsel (Gomes) this morning. And is there any legal cause why judgment should not now be imposed?
MR. ATWELL: No your honor, there is not.
MR. GOMES: No, your honor.
THE COURT: The Court has read and considered the probation report that was filed on May 7th, 2008, consisting of seven pages.
Has everyone had the time and opportunity to read that probation report?
MR. ATWELL: Yes, Your Honor.
MR. GOMES: I have, Your Honor
THE COURT: Have there been any statements in mitigation or aggravation filed? I didn’t see any with the report.
MR. ATWELL: No, Your Honor, no statements that I am aware of.
Mr. Lozano has asked that he be allowed to address the Court, however.
THE COURT: All right.
MR. GOMES: There are three individuals, family members of the victim that also would like to address the Court at the appropriate time.
THE COURT: All right. We’ll do that.
The Court intends to follow the report and recommendation and finds it is without power either to grant or deny probation or suspend imposition of sentencing by reason of rule 4.413(a), statutory provisions prohibit a grant of probation pursuant to PC 190(a), and the jury found that the defendant was guilty of murder in the first degree.
Mr. Atwell first. Do you wish to be heard concerning the sentence?
MR. ATWELL: No, Your Honor. We’ll submit to the matter.
THE COURT: Okay. Mr. Gomes.
MR. GOMES: The People are prepared to submit to the matter as well.
THE COURT: All right. And you indicated that there were three individuals that wanted to speak on behalf of the family; is that correct?
MR. GOMES: There are.
I will let you guys decide the order and grab the podium for you guys.
(Pat Barron steps up to the podium first.)
THE COURT: Yes, sir, your name.
MR. PAT BARRON: My name is Pat Barron. I’m Kacie’s older brother.
Thanks for this opportunity to do this right now.
I wrote a letter, something, (at first) but I kind of put it together in a little presentation.
My sister Kacie was four years younger than me. This is my sister as I know her. (Indicating.) (Pat shows each picture to the court and turns around and shows it to us.) She is in second grade right here.
(Then he steps from the podium to behind Mr. Atwell and reaches the picture in front of Mario’s face.)
THE COURT: Mr. Barron. Mr. Barron, stay back by the podium, if you would.
MR. BARRON: All right. I am doing my best here.
This is another picture of myself, my brother Johnner, and my sister. We’re at a funeral.
Here’s another one (Indicating.) at my wedding with the wife that my sister introduced me to, my brother, my sister. I don’t know why my wife isn’t in this picture. She took it, maybe. And my mother is in this picture.
This is a family barbeque, my wife, my mother, my brother, my nephew Nick, my brother’s, lady, and my sister, you know, doing family things.
This is my sister being a mom at her son’s graduation.
And when he was a small - - young man, young boy.
Kacie was a very good mom.
This here is a picture of the last barbeque we had, my nephew’s birthday. You see me, you see my brother, and you see Nick, my sister’s son.
There’s something wrong with this picture. There’s something wrong with this picture.
I am no poet, I am no author. So what comes out of here is what you get.
I’ve already told you guys I’m Kacie’s older brother. What am I to say To the Court about a killer that took my little sister’s life?
I feel empty. I am full of rage.
I don’t know how I stayed in my seat during this trial with the guilt, the fear. The helplessness has been absolutely dreadful beyond description. (More than once Pat exercised control over his temper by getting up and walking out of the courtroom.)
This person that sits here before us today, as far as I’m concerned, does not even have an identity.
I refer to him as: The killer.
He is a sick puppy and deserves to never see the light of day .
He murdered my little sister, Kacie.
She did not deserve to be robbed of her life. She was only 40 years young. She’s gone forever.
I cannot even imagine the sick demented thoughts that went through this killer’s head at the time he shot Kacie to death.
The testimony of this killer was riddled with confusion and lies. My only help was to sit through this God-awful trial and make some sense of what happened that day.
I feel that I will never know the complete truth.
For nearly two years waiting for this day, my life has been at a standstill. I felt as if I could not move forward.
My only saving grace is the fact that when this killer hears the clang of those prison gates behind him that what he has don’t to Kacie, myself, and my family, I hope will torment him daily as it has me.
I hope that prison is everything they say and more.
Stuff him in the cell, throw away the key.
I love my sister Kacie, and I miss her.
P.S. In prison I hope you find the love that you have been looking for.
THE COURT: Thank you, Mr. Barron.
MR. PAT BARRON: Thank you.
THE COURT: Good afternoon, ma’am. And your name?
MS. SHARON BARRON: My name is Sharon Barron. I am Kacie’s sister-in-law. Pat’s wife.
Thank you for this opportunity.
Kacie was taken from our family and community July 26, 2006. Kacie was a mother, a daughter, a sister, and an aunt, a cousin, a sister-in-law, and a friend.
The family and friends will never be the same without Kacie, and I worry about Nick, her son who found her, and the impact of the scene that will forever be etched in his mind.
From all the things that he will miss without his mom being there. She didn’t get to celebrate Nick’s twenty-first birthday, the day when he gets married, or when he has a baby. She won’t be there.
All the things that will happen in his life, he can’t share with his mom anymore. Kacie loved babies. She loved her nephew Ian and she didn’t get to even see her newborn niece Ella before she died.
She loved to raise a garden, and she had a big one growing when she died.
Do you know how hard it is to water the garden knowing Kacie couldn’t enjoy it anymore?
It upset me so bad taking the veggies that she had been so happy to grow. It just wasn’t right, although I know that she would have wanted us to enjoy what she loved doing.
Kacie loved to ride motorcycles. When my Pat—when Pat, my husband, her brother, bought his new Harley, he stopped by to give her a ride. And that was the last time he ever saw her alive.
She would brag to her friends about the bikes that Pat had, and if they needed a part for it, Pat probably had it. She loved her brother, always bragged. Then I think she went to every performance that her brother Johnner’s band played in.
She took pictures and showed them of to everyone. She was really becoming quite the photographer.
I know Kacie dearly loved her son Nick and her brothers and little nephew.
I don’t know what to call the murderer. I do not believe that he deserves a name, and it makes me ill to think about him ever having a name.
He not only took Kacie’s life, he also took part of our life, and she was an important part of our family and a friend to many.
Why couldn’t he have dealt with rejection like a man and just left Kacie and be on your way?
Instead, you decided to take her life.
You said it was an accident. You lie. You deliberately did this heinous murder with the gall to steal her credit cards, handguns, and her car. What a total lowlife.
In your confession you had the audacity to tell lieutenant Nida that you loved Kacie.
Prison time is not good enough for the premeditated and malicious murder of Kacie. You deserve to die.
You are a murderer, a liar, a thief. And why should you live?
The only hope I have with you being in prison is that you will think about what you did every day and I hope you burn in hell.
The only thing we want is to have Kacie back with us. But that’s not possible, is it?
Thank you, Your Honor.
THE COURT: Thank you, Ms. Barron.
Good afternoon, sir. Your name?
CHAPLAIN GENE JOHNSON: I’m Gene Johnson.
I have known Kacie and her family for over 25 years. When I started dating Kacie in May of 2004, she told me then that Mario had been making advances towards her and she wasn’t interested in responding to him at that time.
She shared a couple things with me about his actions at that time that I thought were pretty immature, pretty infantile and selfish.
(He left notes around her office saying things like “Queen Bitch” and helped himself to an unopened bottle of wine without asking or even telling her that he drank it.)
Sometime around 2005, Mario borrowed and crashed Kacie’s car without bothering to mention he didn’t have a valid license at the time until he was on the phone with her after the collision.
He couldn’t make—she couldn’t make an insurance claim because of that. She didn’t want to get him in trouble at that time.
He told her someone else had been hit also, and he left the scene when he heard that the sheriffs were going to come.
Mario promised to fix her car but never did anything about it.
So after several months she talked to me about helping her to fix it. So that’s been completed, unfortunately after she’s gone.
I still don’t understand how a hit-and-run driver could swipe the passenger side of her car.
Kacie and I dated for about five or six months, and I('d) drive up from Colusa almost every weekend to spend time with her.
I really thought she was a strong individual. She didn’t need to be maintained. She was resourceful and she wouldn’t bat an eye at going out of her way to help someone truly in need. She had serious back injuries but refused to be disabled.
I loved her and wanted her to be my companion.
But when I even mentioned marriage, she wasn’t going to even consider that, and I wasn’t going to settle with just living together. So when things weren’t going that way, I was able to step back and I wanted to continue enjoying the friendship that she was able to give.
I still enjoyed coming up occasionally and helping her with her projects, whether it was working on the house, the garden, cars, appliances or computer, whatever, or her trailer, or whether it was helping her to help someone else.
I visited her, I can’t remember if it was the weekend or two weekends before she died and refilling (refilled) cartridges for her printer(s).
(She was working in her garden and I brought the cartridges and refill kit out to the garden to be able to visit while we were working.)
I don’t think Mario could even appreciate Kacie’s strength and character.
It probably bothered him that she had a life and opinions of her own and that she wouldn’t respond obediently to his desires or his demands.
I have met so many people that were rescued from abusive relationships by Kacie, some when they were children and some when they were adults.
The person—I will leave that out.
But she would not hesitate to put herself in harm’s way to give her friends a safe haven and time to think. She helped several escape dangerous relationships. She literally saved a lot of lives just because it was the right thing to do and that’s where her heart was.
So how the hell did she end up with Mario in her life?
To end her life because she pissed him off?
He had to selfishly hang around and forced her to have to stay at other friends’ houses waiting for him to leave. And he just wouldn’t leave without his bags. So he got Nick’s shotgun and was going to show her, huh?
It doesn’t matter whether Mario turned off the safety or even chambered the first round, he should have just left.(!)
Even if the first shot was an accident, he should have just left.(!)
(The first shot wouldn’t have even happened if he had just left!)
So after she was hit with the first shot, he had to kill her so she wouldn’t suffer?
He had been making her life hell long before he even argued with her that day. She was already suffering because of him.(!)
Mario’s lack of self-control, his inability to control his anger and just walk away cost Kacie her life and tore up more lives than he can imagine. He ripped off the world.
At first I was a bit disappointed that the death penalty was not an option for this trial. But then I realized that death would probably be the kindest sentence for him. It would allow him an escape from the memory of what he’s done to Kacie and her family, an escape that Kacie’s family and friends can’t have.
But I strongly feel that if Mario lived 60 years without learning to control his temper, he would just be a time bomb if he was ever to be paroled and allowed the possibility to use it and destroy more lives.
THE COURT: Thank you, Mr. Johnson.
Is there anyone else who wishes to make any comments?
Mr. Atwell, you indicated Mr. Lozano wanted to make a statement?
MR. ATWELL: Your Honor, could I have one of his hands released here so he can handle his paper?
THE COURT: Yes, go ahead.
THE DEFENDANT: (Mario Lozano.) Thank you, Your Honor.
Your Honor, you do not have before you a stack of files, chronically innumerable papers by any other person in the 60 years prior to my arrest in August of 2006. No rap sheet has ever been compiled detailing arrests and convictions for crimes of any kind, other than my period of incarceration, no parole or probation, no pages of fines or orders for restitution. I have no history of drug or alcohol abuse, nor of any related problems such as DUI, public drunkenness, property damage. I have no record of weapons discharged or even of weapons purchased.
I have no guns—no weapons registered to me because I have never owned any.
I have no record of domestic violence, moral turpitude, or crimes against nature.
I do not have a history of failed business enterprises one after the next, no bad dealings with buyers, no contracting license law violations, no insurance scams, no price fixing, no bribery charges, no tax evasion charges.
I had top secret security clearance while in the military, so you may correctly assume that nothing lurks in my juvenile record as well.
We know all of this is true because the prosecution has proven beyond a shadow of a doubt, if not intentionally, then, by it’s failure to introduce evidence to the contrary.
Throughout the trial the prosecution’s table was festooned with all manner of electronic gimcrackeries. So we can be certain that they scoured every corner of my life, attempting to bolster their case. No doubt exists in my mind that any negative evidence that could be dredged up by the prosecution would have landed in this courtroom with the same melodrama hit with a thud when any (my) bags hit the floor in front of the witness stand.
Your Honor, my main goal in life has been the pursuit of happiness. I have cleaved this best by staying to the happiness of others, my family first and foremost.
I have been blessed with two fine sons who are the light of my life, both of whom are a credit to the state of Hawaii to the branches of military in which they both have served respectively, and who are now going on to raise their own families.
(About here I am looking at others in the audience getting looks like “what the hell has this got to do with you killing Kacie!”)
I have derived no amount of satisfaction from my chosen profession. For 22 years I worked for a company that built custom homes ranging in size from 10 to 50,000 square feet or more, most multi-million dollar home(s) for very wealthy people, people who you have maybe seen on television or movies, or whatever. The type of work that requires a high degree of proficiency of very demanding clients who do not suffer fools gladly and for whom money is no object.
I have—I obtained my license in 1990 and that will—my client is rarified as is my former employers. What I learned in all that time has made it possible for me to operate strictly on a referral basis. I worked around the world as the need arose to various cities. All of this has made for a very nice life in a place everyone refers to as paradise.
(Again… what??? And, so what!!!)
It has made it possible for me to sail my own boat to 17 different islands in the Central and South Pacific. And if you look at my past through the files, you will find that I have traveled to over 30 countries, family vacations, most of them.
My life has been a gift that at one point several years ago I felt compelled to do more than merely pay taxes and donate my money to this, that, or the other charity, so I became involved with building homes for people less fortunate than I.
And more recently have begun to donate time in a hospice for the terminally ill down the hill from my house. The gratitude expressed by those for whom we built homes and by those for whom a little time is more than most people can afford, more than made up for my money I did earn working for myself.
And that is the spirit in which I came to help my friend, my intention, based on what she had told me, were to finished getting her moved out of her house and get her and her trailer down to Kingman, Arizona, after which I had no idea what her plans involved, nor did it matter to me because I had to be back home by the 1st of August for a project that I had already spent two years on.
I had not ever lived with Ms. Barron at her Placerville house address. If I had, her father (Actually, her step-father who removed Mario’s clothes and personal possessions from the house after the dectectives were finished.) would have required that I pay her rent, and while it makes absolutely no sense to live with Ms. Barron, especially not in a 24-foot trailer in Kingman, Arizona.
(Hmmm… sure sounded like you were planning on traveling with her in your statements to Lt. Nida. Remember how upset you were when the trailer wasn’t done and you complained about feeding gas to a Chevy with a 454 on a limited income? Were you lying then or now?)
I own my home in Kauai. I own it and the land it sits on outright. Outside of property tax, I behold no man for any part of it. I built it myself. And it is only one of three cantilevers on the island of Hawaii. I love that house and regret very much that I will never see it again.
The idea that I traded my home in paradise for a 24-foot travel trailer in a place that can get 117 degrees in the shade is someone’s allegations, fantasy. Not mine, I assure you.
I sent Ms. Barron money so she could catch up on her phone bills, and find and pay for a different storage place, fix whatever was wrong with her trailer and truck, and be ready to go by August.
I have also bought and sent her a laptop computer and enough money to buy a wireless card, along with the service contract. I did all of this because I believed what she told me. I had no reason not to, and she did not have a reputation as a liar.
And here’s where we run into the elephant that everybody has been tiptoeing around in this case: Methamphetamine.
It is the only explanation for the 180-degree personality shift that I witnessed in my friend. It’s sustained use has caused my friend to mislead me about her situation, and prevented her from simply being honest with me while I was still in Hawaii. Had she told me the money I sent was gone and she was nowhere ready to leave to Arizona, I would have advised her to seek help if she felt she needed it, and I would have told her if she was inclined to get out from under that, she could count on my support.
I am a patient man, Your Honor. The length of my career bears witness to that.
(What??? What did you say? That didn’t even make sense! Patience had nothing to do with me being a mechanic for 30 years…)
I live on an island and is part of an archipelago, which is considered to be the most remote spot in the planet. It has been my experience impatient people do not live long when they are there.
When I tell you my friends would have my support, I mean if she was to have made a sincere effort to turn her life around, I would have been there until the cows came home.
However, this doesn’t mean that I would have volunteered to pay for her rehab. And as a practical matter, there are many other ways to help a person find their way to recovery.
But by July of ’06 this was no longer a possibility. The horse had left the barn long before I got there, and all that was left for me at that point was to take care of what was still mine.
(The autopsy did show some trace of methamphetamine but no signs or indication of chronic use. She probably used to stay alert when she was afraid to sleep.)
The imagination of the prosecution had me playing hide and go seek down in Mammoth Lakes preparing to take on the Eastern Sierra and armed with a .226 caliber six-shooter.
The reality is much less melodramatic. My oldest son lives in Oahu. And when I moved down to Mammoth Lake enough time—
THE REPORTER: Excuse me, you are speaking too fast.
THE COURT: She has to take this down, Mr. Lozano. I’ll ask you to read a little bit slower.
(This was actually the second time she had to slow him down.)
THE DEFENDANT: When I got down to Mammoth Lake, it was enough time to have my son go over to Kauai, meet with my attorney, and transfer everything I owned into his name, house, trucks, everything. And for the next couple of weeks by virtue of Fax and Fed Ex, that is precisely what I did.
Because in this Brave now world O’Patriot Acts and such, I had no way of knowing for certain whether or not any assets I possessed at the time of my arrest would be frozen pending the outcome of any state or civil action against me and then subsequently be auctioned off for the benefit of whomever were I to be convicted of any crimes. I found such a scenario as this or any irrelevant variation thereof completely untenable, to say the least.
(In other words: I’m so selfish I couldn’t stand the thought of my belongings paying restitution to the family or the state.)
In all my life many say to be a suffusion of struggle to house, clothe, feed and otherwise provide for my family, far from it. In fact, neither has it been without some rough spots along the way. There is no day without night.
And I believe that my family and I came to appreciate our bounty all the more for having experienced both times and belt-tightening and penny-pinching.
For those and many other reasons, I simply could not allow something like that to occur. I could not stand by and just let the State of California, El Dorado County, or Placerville sell off everything I owned and then distribute the proceeds however they saw fit.
I had already donated a fair sum to this part of the world. And my reluctance to continue that largesse cannot be overstated.
By the time I got back to Mammoth Lakes from Idaho, it was all pretty much done except for a few loose ends, and I could simply wait for the authorities to arrive, which is what I did.
Your Honor, I sent money to my friend as a way to help her obtain her goals of going to Arizona to visit and travel around the state sightseeing and working on her photography. She was very good at it, and we discussed the possibilities of publishing and/or showing some of her finished work at sometime.
I was happy for my friend, Your Honor, glad that I could help her on her way to fulfilling her dreams. I know just how good it feels to sit—to sit and to achieve life goals and besides the fact that all plans are usually only good for the first 30 minutes once they are implemented.
But nevertheless, it is nevertheless both necessary and fun to make them. They generally tend to serve as guideposts along the way, and it is always fun to compare the estimate with the end result.
I also had plans, Your Honor, long-range plans that I had been firming up for a number of years. Plans that involved the sale of my business, the initiation of my retirement accounts, the purchase of (and) outfitting of a new boat, and the setting up of accounts that I could access with no problem.
I have made many passages all over the Central and South Pacific, some 200,000-plus nautical miles at last count. I intended to do another thirty or forty thousand miles to that total by sailing up to Alaska and just deploying the coast from there down to Tumaco to South America taking perhaps a couple of years to do that, approximately 50,000 miles, give or take.
(I see people in the courtroom looking around at each other again with that same look on their faces. What the hell does this have to do with you killing Kacie!!!)
It wasn’t meant to be, I suppose. In a few minutes this will all be over with and we will all go our separate ways. Most of you here today will take a certain amount of satisfaction that I will die in prison. So be it.
(Wahhh, wahh, wahh!!)
Life guarantees two things, that we all die and, two, that we all die alone. It doesn’t matter where we are when this happens, nothing can be done to change it. And we either go on from there or we do not, depending on your beliefs.
I believe that I have been here before and that I will be here again. And one of these times I will get it right and won’t have to continue these visits anymore.
It doesn’t matter to me that any of you believe this or not. It only matters that I believe it.
I have many things to be grateful for in my life, especially my son.
I also have a few regrets, most especially that I ever left my other home and came to this place, and that is my last word on the subject.
THE COURT: Thank you. One thing, Mr. Lozano, that speaks loud. Based on your statement to this court, I didn’t hear one word of remorse for the victim or the family of the victim for your conduct on the 26th of July of 2006.
I think that the remorse, if you have any at all, is only because of the predicament that you currently find yourself in.
The jury having found the defendant guilty of Count I, murder in the first degree, 187 of the Penal Code, the Court adopts Count I as the base term.
The defendant shall be committed to the California Department of Corrections for Count 1 for the term of 25 years to life.
The jury further found the defendant was personally and intentionally discharged a firearm causing death, and an enhancement which requires an imposition of an additional 25 years to life to run consecutive.
Total term of commit(ment) to the California Department of Corrections for Count I with the enhancement is 50 years to life.
Total—the jury on Count II found you guilty of 10857 of the Vehicle Code, commonly known as auto theft. The Court imposes the midterm of two years in State Prison for Count II. The Court finds that the crime was committed at the same time and place as Count I and orders this sentence to run concurrent with Count I
Total time of commitment to the California Department of Corrections is 50 years to life.
The defendant is given credit for 644 days actually served pending these proceedings.
The defendant is assessed a civil judgment pursuant to Penal Code 1202.44(f) for restitution in the amount of $2,741.96. Said amount is Payable to the California State Victim Compensation Board.
Defendant is assessed a civil judgment for Penal Code 1202.4(f) for restitution to the victims in this case, and in the amount to be determined by the probation department.
The defendant is ordered to pay a restitution fine in the amount of $5,000 pursuant to 1202.4.
The defendant is to pay a restitution fine, a parole revocation fine, in the amount of $5,000 pursuant to Penal Code Section 1202.45. And this fine is stayed pending satisfactory completion of parole.
The Court finds the defendant is able to pay a cost of the probation report in the sum of $460 pursuant to Penal Code Section 296.
The defendant is advised that he is subject to a period of parole for up to five years following release from the Department of Corrections and any violation of the condition of parole can subject you to incarceration up to one year for each such violation.
You are advised of your right to appeal this sentence and/or the verdict in this matter. You must file your written notice of intention to appeal in the Superior Court within 60 days of today, signed by you and your attorney.
If you do appeal, you have the right to a complete transcript of the trial proceedings at no cost to you.
You also have the right to a court-appointed attorney to represent you if you do not have the financial ability to retain the service of an attorney to assist you with an appeal.
If you do not file your written notice of intent to appeal within 60 days of today, your right to file an appeal will be lost forever.
Do you understand what I just told you about your appeal rights, Mr. Lozano?
THE DEFENDANT: Yes, sir.
THE COURT: And do you have any question you wish to ask me about your appeal rights?
THE DEFENDANT: No.
THE COURT: Defendant is remanded to the custody of the sheriff of El Dorado County for the transportation to the California Department of Corrections.
The reporter is directed to prepare a transcript of the entire sentencing proceeding and file a copy with the clerk of the court. This matter is concluded.
(The proceedings concluded.)
---oOo---
As we gethered outside the courtroom, Dale Gomes commented that most of what Mario was whining about were lies anyway.
Saturday, June 14, 2008
LOZANO SENTENCING TRANSCRIPT ARRIVED
I received the transcript for the May 16, 2008 proceedings of the sentencing of Mario Lozano today. As I read it I was still appalled at the selfishness of Mario in his letter. I will start copying it today and should have it posted by tomorrow.
Gene.
10:30 AM Sunday, I'm on page 11 of 21...
Gene.
10:30 AM Sunday, I'm on page 11 of 21...
Saturday, May 31, 2008
Trial & Crime Watching and Travel
I love traveling, but coming home and trying to catch up on everything that has gone on with the trial and crime watching that I do is sometimes frustrating. Apparently there were a few things happening with the cases that I've been watching during the time I was out and about enjoying the sightseeing and traveling. So, here we go:
more cat pictures
- Mario Lozano; I mentioned in my post last night that I'd gotten an email from VINELink that he'd been moved from the El Dorado County Jail. Well, I still don't have any further information on where he's been taken. I'm still working on it and will post his current location when I find out.
- Rex Archer; The local paper, The Appeal Democrat had a little blurb in their "Mid-Valley Briefs" section that says the preliminary hearing had been postponed. Here's what the paper said:
Archer hearing postponed
A preliminary hearing for Earnest Rex Archer, a former Yuba County Board of Supervisors candidate charged with child molestation, was postponed Friday until June 12.
Unavailability of witnesses caused the continuation, according to the Yuba County District Attorney's Office.
Archer has repeatedly failed to respond to requests for comment on the case and answered an e-mail Friday with a "no comment."
- Drew Peterson; Drew's lawyer, Joel Brodsky is working hard trying to get the weapons charges stemming from that "too short" automatic weapon that Drew had dismissed. They filed motions yesterday for the dismissal of charges and the state has 14 days to respond. The preliminary hearing for the charges has been set for June 30th. The lawyers are also trying to get the judge to modify Drew's bond so that he can travel outside Illinois while he's out on bond from the weapons charges. Ok.. I have to wonder where Drew is planning on traveling.....
The Grand Jury heard testimony this week from Stacy's aunt, Candace Aiken and from the 22 year old tanning salon girl, Kimberly Matuska, that Drew has apparently been "wooing". Neither one of them would talk about what they said before the Grand Jury, of course. I can understand them calling the aunt, because she knew both Stacy and Drew before Stacy disappeared and can testify to what she knew of both Stacy and Drew and their relationship. But this 22 year old "girlfriend" of Drew's? What can she testify to? How "sweet" Drew's been to her? Oh.. Yeah.. She did admit that Drew gave her a cell phone and showed it to the investigators. Of course the cell phone has GPS on it, I suppose so Drew can find out where his new girlfriend is whenever he wants. The girl was quoted in one article claiming that "at one point he (Drew) told her he loved her and wanted to spend the rest of his life with her". Geez... I think this girl has had her 15 minutes of fame now and can go back to her tanning salon.
Oh yeah, there was also a news item about the investigators taking the bathtub that Kathleen Savio died in. They're saying that it's a "key piece" of evidence. Lets see, Kathleen died in that bathtub more than 4 years ago now I think. I doubt if there is any real evidence left in it. No blood, no DNA or anything else that can be proven to be part of her death. The only thing I can see for speculations sake is that it would be good for demonstrative purposes during a trial for her murder.
- Cesar Laurean; He's still in Mexico awaiting extradition, but law enforcement have released a lot of court documents relating to the murder of Maria Lauterbach. Go here and check out the list of documents. One news site details some phone calls and such from the Laurean home the day he took off for Mexico. Another one writes about how Cesar was researching things in Mexico before he left. Things like buying property and finding jobs in Mexico. I couldn't find anything in the articles about how the extradition process is going, so we wait.
- Les hauts de la Garenne; I haven't followed this one in the news, but have been following it with the posts by Donchais on Sprocket's blog, Trials & Tribulations. From what Donchais posted while I was gone, there's been an arrest, more bones and teeth found along with other things in the excavations of the cellars. Kudos to Donchais for providing excellent coverage of the Jersey Abuse scandal.
more cat pictures
Friday, May 30, 2008
Home Again..
I'm back home again and have a bunch of pictures to upload from the trip down the coast with my parents and have a few stories to tell. Will most likely start uploading and writing tomorrow. Right now I'm pretty tired. But, as a tease, I'll tell you that I've got photos from a couple of missions, Hearst Castle, some elephant seals, some kittens and more.
I got an email about Mario Lozano being "released" from the El Dorado County Jail while I was gone. It arrived on 5/27, but it didn't tell me where he'd been taken. I'm working on that and will post as soon as I have some information to report.
I got an email about Mario Lozano being "released" from the El Dorado County Jail while I was gone. It arrived on 5/27, but it didn't tell me where he'd been taken. I'm working on that and will post as soon as I have some information to report.
Friday, May 23, 2008
More Wind.... Ugh!
Today is Day 3 of north winds. The weatherman said that we wouldn't have as much wind today, it was supposedly going to die down last night. I wish he'd told the wind that it wasn't supposed to blow today! As I look out my window here, the trees are bending and blowing in the wind pretty much the same as they did for the last 2 days. The strange part of it is that the wind is blowing a lot here in the valley, drying out the plants, making people miserable with their allergies and all, but up in the mountains the weather is very different. I got a call from my trucker friend and he reported that it was snowing up in Truckee! Yep! Snow! According to the weather websites some of that snow is actually supposed to stick to the ground.. Weird.
I keep checking the El Dorado County Sheriff's website where they show the inmates, and according to that page, Mario Lozano is still there. I've signed up on another website to receive an email when he is moved or his status changes. I haven't heard from them yet, so apparently Mario is still sitting in the El Dorado County Jail. I would have thought the state would have picked him up by now.
Other trial/crime news has been sort of interesting the last couple of days. Drew Peterson got arrested for a weapons violation, and Stacy is still missing. Phil Spector's date for the 2nd go around of his murder trial has been set for September 29th. And I finally found some "references" to the Rex Archer thing.. Sort of. Apparently there were Federal search warrants served on a local doctor who is running for a political office and the comments section of the local newspaper became quite a debate with Rex airing his dissatisfaction with the local paper and airing some of his legal woes (pertaining to his arrest a while back on child molestation charges.).
Postings here are going to be somewhat sporadic over the next week or so because I'm not going to be as close to my computer as usual. (I wish I had a laptop in addition to the desktop I have! lol) This weekend I'm going to be going back and forth from my house to my daughter's house because I'm "watching" the kids (2 teens and a 4 year old!) while my daughter and her husband "get away" for a couple of days by themselves. Then next week, I am going to be the driver for my Mom and Stepdad on a trip down the coast. But after the trip south, I should have some good photos to post (for those who are interested! lol)
I keep checking the El Dorado County Sheriff's website where they show the inmates, and according to that page, Mario Lozano is still there. I've signed up on another website to receive an email when he is moved or his status changes. I haven't heard from them yet, so apparently Mario is still sitting in the El Dorado County Jail. I would have thought the state would have picked him up by now.
Other trial/crime news has been sort of interesting the last couple of days. Drew Peterson got arrested for a weapons violation, and Stacy is still missing. Phil Spector's date for the 2nd go around of his murder trial has been set for September 29th. And I finally found some "references" to the Rex Archer thing.. Sort of. Apparently there were Federal search warrants served on a local doctor who is running for a political office and the comments section of the local newspaper became quite a debate with Rex airing his dissatisfaction with the local paper and airing some of his legal woes (pertaining to his arrest a while back on child molestation charges.).
Postings here are going to be somewhat sporadic over the next week or so because I'm not going to be as close to my computer as usual. (I wish I had a laptop in addition to the desktop I have! lol) This weekend I'm going to be going back and forth from my house to my daughter's house because I'm "watching" the kids (2 teens and a 4 year old!) while my daughter and her husband "get away" for a couple of days by themselves. Then next week, I am going to be the driver for my Mom and Stepdad on a trip down the coast. But after the trip south, I should have some good photos to post (for those who are interested! lol)
Monday, May 19, 2008
Mario Lozano Sentencing ~ Updated x 2
Well, the Mountain Democrat finally has an article about the sentencing hearing last Friday. With a picture of Mario! I am guessing that the photo was taken while Mario was reading his statement. All I can read on the paper's site is "The man who shot and killed his former girlfriend with a shotgun was sentenced Friday to 50 years to life. Mar... Read More". But at least they put the picture on the lead page...I am glad that I don't depend on this little newspaper for my news. The sentencing was Friday and I guess they don't put news like this in their Saturday or Sunday papers... They waited until Monday to print it.
As far as I can tell from the El Dorado Sheriff's Office Inmate Information pages, Mario is still at the jail there and hasn't been moved yet. I have a hunch that the California Department of Corrections will be picking him up today and taking him to start processing him into the prison system.
Update:
Thanks to "Anonymous", we have a copy of the article that the Mountain Democrat ran in their paper today. And I'm going to do a "no-no"... I am going to copy and paste it here..
By Eric Laughlin | Democrat staff writer | May 18, 2008 14:27So now we wait for word on where they send him for processing into the system, and then we wait to find out where he gets to live out his days. I hope they don't send him to an "easy" prison. Maybe Pelican Bay?
The man who shot and killed his former girlfriend with a shotgun was sentenced Friday to 50 years to life.
Mario H. Lozano’s arm began to twitch as Superior Court Judge Daniel B. Proud formally handed down the sentence that will likely translate into life behind bars.
Lozano, 60, showed no emotion minutes before that, when victim Kacie Barron’s brother Pat and two others read statements in open court.
“I feel empty and am full of rage,” Pat Barron said. “I don’t know how I stayed in my seat during this trial.”
He concluded his statement by glaring at Lozano and saying, “I hope you meet the love of your life in prison.”
Pat Barron’s wife Sharon then stepped up and said to the convicted killer: “Why couldn’t you have just handled rejection like a man and left Kacie alone and gone on your way?” She finished by telling Lozano she hopes he burns in hell.
Lozano was found guilty of first-degree murder by a jury last month. He shot and killed 40-year-old Kacie Barron, of Placerville, in July 2006, following an argument outside of her Placerville travel trailer. Barron sustained two gunshot wounds, to her stomach and face.
After her family and friends had their say, Lozano angered them by reading a remorseless eight-page statement that lasted 15 minutes. Some of Kacie Barron’s supporters, including Pat, left the courtroom minutes into the statement.
“I have had no prior rap sheet,” Lozano told the packed courtroom. “My main goal in life has been to pursue a life of happiness. My life has been a gift. I have lived on 17 different islands and 30 different countries. I have built multi-million dollar homes for people you may have seen on television.” He concluded his statement by saying the thing he was proudest of is his two sons.
He made no mention of being sorry for the killing, but instead blamed methamphetamine for ruining Kacie Barron’s life.
Judge Proud then proceeded to sentencing by telling Lozano he didn’t hear one word of remorse in the lengthy statement. Proud gave the Hawaiian native 25 to life for the first-degree murder conviction and another 25 to life for the special firearm-use allegation.
Outside the courtroom many supporters said they were disgusted by Lozano’s long-winded statement.
“It was totally all about him,” Pat Barron said. “He couldn’t care less about anybody else.”
Prosecutor Dale Gomes said a lot of what Lozano said, including him owning a home in Kauai, was untrue.
“He’s delusional,” Gomes said. “This is a guy who has leeched off of everyone he’s come across his whole life.”
After the hearing Lozano was whisked out of the courtroom by sheriff’s officials. He was then returned to the El Dorado County Jail where he will await transfer to a state prison.
2nd Update
Thanks again to Anonymous, we have the other picture that the Mountain Democrat had in their article about the sentencing hearing. Here it is, this is the Barron family and Prosecutor Dale Gomes (I think):
L to R, Kacie's Mom, Annie Walker, Brother Pat Barron holding Kacie's 2nd grade picture (the one he held in Mario's face), Pat's wife Sharon (Kacie introduced them), Stepdad Doug Walker in background and Dale Gomes. Small Update: Pat and Sharon are wearing t-shirts from the 2nd Annual Kacie's Ride for Hope to End Domestic Violence.
Friday, May 16, 2008
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.
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.
Summer? In May?
Well, we had our first 100 degree day yesterday and it looks like we'll be having a few more of them over the next few days. According to one of the online weather sites we're supposed to hit 104 degrees today. I don't think I'll be doing much of anything outside today. I'm sure glad that my landlord got the new air conditioner installed before the heat hit.
Today is the sentencing hearing for Mario Lozano. My brother has said that he will be at the hearing and hopefully we'll hear soon after what the judge has decided. If I remember correctly the hearing is at 3pm this afternoon.
According to the local paper, The Appeal Democrat, there was another accident on one of the 2 lane highways around here. And another fatality. A man in a pickup truck crossed into the oncoming lane and slammed head-on into a Hummer. The man in the pickup died and the woman in the Hummer suffered major injuries. There was a third car, a silver Honda, involved in the accident as well, but the driver of that vehicle only suffered minor injuries. According to the article, they don't know yet why the driver of the pickup crossed into the opposing lane. I'm wondering if the guy in the pickup was another of those idiot drivers in a hurry and was trying to pass the Honda....
Today is the sentencing hearing for Mario Lozano. My brother has said that he will be at the hearing and hopefully we'll hear soon after what the judge has decided. If I remember correctly the hearing is at 3pm this afternoon.
According to the local paper, The Appeal Democrat, there was another accident on one of the 2 lane highways around here. And another fatality. A man in a pickup truck crossed into the oncoming lane and slammed head-on into a Hummer. The man in the pickup died and the woman in the Hummer suffered major injuries. There was a third car, a silver Honda, involved in the accident as well, but the driver of that vehicle only suffered minor injuries. According to the article, they don't know yet why the driver of the pickup crossed into the opposing lane. I'm wondering if the guy in the pickup was another of those idiot drivers in a hurry and was trying to pass the Honda....
Monday, May 12, 2008
Windy Monday.....
I got woke up early this morning by the lovely sound of the venetian blinds slapping against the window sill. We've got a strong north wind blowing today, so now all the windows on the north side of the house are closed. And, naturally, with the north wind, we've got lots of dirt and pollen in the air and my allergies are kicking up. I am tired of sneezing.
At least out here in Meridian we don't have the problems that Marysville has. The Appeal Democrat is reporting in their "Breaking News" that the winds are kicking up a fire on the northern edge of the city of Marysville. PG&E are also reporting numerous power outages around Yuba and Sutter Counties. So far so good out here in Meridian, I haven't seen the power blink yet, but if the winds keep up, I'm sure I will. If it doesn't go out completely that is. One thing that Meridian has to it's advantage though is the presence of a PG&E maintenance facility here in town. We usually get our power back fairly quickly if something goes down/out that affects the whole town.
In trial watching news, as usual, I spent some time this weekend lurking and posting on the In Session Message boards and am amazed at how some folks can come up with off-the-wall theories that have no basis in fact, no evidence, nothing at all that can justify their ideas. Then, this morning when I looked at the icanhazcheezeburger.com website I found this image that perfectly fits some of those folks.
In other words, don't confuse me with facts! Don't tell me how my whodunit idea won't fit the evidence. I CAN'T HEAR YOU, so I'll just continue posting my own ideas and to heck with facts! lol...
Today is Monday the 12th of May... Mario Lozano's sentencing is this Friday, the 16th. Counting today, he has 5 days until he knows how long he gets to stay locked up for murdering Kacie Barron. And 4 months from tomorrow it will be time for Kacie's Ride For Hope to End Domestic Violence.
At least out here in Meridian we don't have the problems that Marysville has. The Appeal Democrat is reporting in their "Breaking News" that the winds are kicking up a fire on the northern edge of the city of Marysville. PG&E are also reporting numerous power outages around Yuba and Sutter Counties. So far so good out here in Meridian, I haven't seen the power blink yet, but if the winds keep up, I'm sure I will. If it doesn't go out completely that is. One thing that Meridian has to it's advantage though is the presence of a PG&E maintenance facility here in town. We usually get our power back fairly quickly if something goes down/out that affects the whole town.
In trial watching news, as usual, I spent some time this weekend lurking and posting on the In Session Message boards and am amazed at how some folks can come up with off-the-wall theories that have no basis in fact, no evidence, nothing at all that can justify their ideas. Then, this morning when I looked at the icanhazcheezeburger.com website I found this image that perfectly fits some of those folks.
In other words, don't confuse me with facts! Don't tell me how my whodunit idea won't fit the evidence. I CAN'T HEAR YOU, so I'll just continue posting my own ideas and to heck with facts! lol...
Today is Monday the 12th of May... Mario Lozano's sentencing is this Friday, the 16th. Counting today, he has 5 days until he knows how long he gets to stay locked up for murdering Kacie Barron. And 4 months from tomorrow it will be time for Kacie's Ride For Hope to End Domestic Violence.
Thursday, May 8, 2008
Poof!
hehe.. This LOLCat gave me a giggle...
more cat pictures...
Maybe I should be separating my posts more instead of grouping a lot of things together like I've done in the last couple of posts, but it seems easier for me to just ramble on in one post... Oh well.. My reminder for today: 8 more days until we hear what sentence Mario Lozano will get for murdering Kacie Barron. I'm sure my brother will be there and will let us know what happened. My heart goes out to Pat Barron and the rest of Kacie's family and friends.
more cat pictures...
Maybe I should be separating my posts more instead of grouping a lot of things together like I've done in the last couple of posts, but it seems easier for me to just ramble on in one post... Oh well.. My reminder for today: 8 more days until we hear what sentence Mario Lozano will get for murdering Kacie Barron. I'm sure my brother will be there and will let us know what happened. My heart goes out to Pat Barron and the rest of Kacie's family and friends.
Wednesday, May 7, 2008
Trampoline Fun Anyone?
I found an unusual video this morning. I doubt if you'd see a wild fox "playing" on a trampoline very often. The copy of it on YouTube was uploaded about 2 years ago, but I'd never seen it until this morning. He (or she!) looks like it's enjoying that bouncy place very much! lol...
On to other stuff, the cherries that I posted about on Sunday are about half gone now. The birds have found the tree and are having a ball stealing the cherries. My cats seem to enjoy watching the birds in that tree.. They will sit on a table that is near the back fence where the tree is and just watch the birds fly through. Of course, the birds seem to enjoy dive bombing my cats too. My next door neighbor's girlfriend had a good time with a ladder and a huge zip lock bag next to the fence. She's taking a gallon or so of the cherries to her daughter's when she goes for a visit later today. And, yes, I've been picking them too. They're yummy!
Speaking of "dive bombing" birds. Yesterday I was watching my 4 year old grandson blowing bubbles in the front yard and a pair of humming birds actually dive bombed him! I wish I'd had my camera with me because the look on my grandson's face was priceless! I have no clue why the birds did it. I don't think we were near a nest or anything! Maybe they were just trying to communicate to us that it was time to refill the humming bird feeders?
Today is May 7th. That means 9 more days until Mario Lozano finds out how long he gets to stay in prison for killing Kacie Barron.
Kacie's Ride for Hope is on for this year. The ride will be September 13th this year and the flyer is Here. (It's a pdf file, so it may take a moment or two to load.) Kacie's brother Pat has a page up about this year's ride: Kacie's Ride For Hope 2008. The web page says they are gearing up for this year's ride, looking for donations of cash or raffle prizes. Last year's ride enabled Pat and the rest of the supporters to donate $7,525.00 to the El Dorado Women's Center in Kacie's memory! They're hoping to top that amount this year. I hope they do it! They've also added a page of pictures from last year's ride; 2007 Kacie's Ride Photos. I spotted my brother in one of the shots! lol...
On to other stuff, the cherries that I posted about on Sunday are about half gone now. The birds have found the tree and are having a ball stealing the cherries. My cats seem to enjoy watching the birds in that tree.. They will sit on a table that is near the back fence where the tree is and just watch the birds fly through. Of course, the birds seem to enjoy dive bombing my cats too. My next door neighbor's girlfriend had a good time with a ladder and a huge zip lock bag next to the fence. She's taking a gallon or so of the cherries to her daughter's when she goes for a visit later today. And, yes, I've been picking them too. They're yummy!
Speaking of "dive bombing" birds. Yesterday I was watching my 4 year old grandson blowing bubbles in the front yard and a pair of humming birds actually dive bombed him! I wish I'd had my camera with me because the look on my grandson's face was priceless! I have no clue why the birds did it. I don't think we were near a nest or anything! Maybe they were just trying to communicate to us that it was time to refill the humming bird feeders?
Today is May 7th. That means 9 more days until Mario Lozano finds out how long he gets to stay in prison for killing Kacie Barron.
Kacie's Ride for Hope is on for this year. The ride will be September 13th this year and the flyer is Here. (It's a pdf file, so it may take a moment or two to load.) Kacie's brother Pat has a page up about this year's ride: Kacie's Ride For Hope 2008. The web page says they are gearing up for this year's ride, looking for donations of cash or raffle prizes. Last year's ride enabled Pat and the rest of the supporters to donate $7,525.00 to the El Dorado Women's Center in Kacie's memory! They're hoping to top that amount this year. I hope they do it! They've also added a page of pictures from last year's ride; 2007 Kacie's Ride Photos. I spotted my brother in one of the shots! lol...
Sunday, May 4, 2008
Cherries and Stuff
The neighboring house right behind me has cherry trees planted along the fence. Two or three varieties. One of the trees has ripe cherries on it that the birds haven't stolen yet. I've been out there picking some the last couple of days and have shared some with my daughter across the street and I've got a bowl full of them in the refrigerator. More will be ripe enough to pick tomorrow too. I don't know the variety of the ones that are ripe now, but they sure are good.
I've been looking through my cookbooks at recipes to try with them since there are so many. As long as I can beat the birds to them! Plus the trees on either side of this one have cherries that will ripen in a couple weeks or so, I think.
Other stuff; The little town I'm living in had a community yard sale even this weekend. A lot of folks pitched in to run the ad in the paper and there were yard sales all over town. It was a pretty good day for it too. The weather was perfect. Clear, sunny and not hot with a little breeze blowing most of the day. I put my stuff at my daughter's in-laws sale, since I didn't have a lot of stuff sorted out yet. The town might do it again this fall. Maybe I'll have some stuff sorted out of my storage unit to add more items to sell. Now, you have to understand, this town is small. The sign out on the highway says we have less than 500 people in town. (And that supposedly includes the folks living on the farms in the surrounding area.) We're sort of in between two larger towns. 10 miles one way, and 15 miles the other. So, just having one yard sale here in town doesn't usually get a lot of "customers". But, if you advertise that there are sales going on all over town... Well, the yard salers will come out here. We had lots of folks come by and lots of them bought stuff. Yay! I felt sorry for one young couple. As they were carrying their treasures out to their car, the young fellow asked me where the gas station was here in town. I had to tell him that we don't have one. The closest stations are 10 miles to the west or 15 miles to the east. They looked a bit unhappy when I told them. I hope they made it to a station! What's left over from the sale is going to get loaded in my son-in-law's dad's pickup tomorrow and will go over to the Cancer Society's thrift shop. And we'll all start sorting through boxes to see what we want to part with in the Fall.
More stuff; It looks like I'll be doing a little traveling later this month. My Step-dad wants to go down to Fort Hunter-Ligget and do a little sight seeing around that area and has asked me to do the driving so he can relax and enjoy the scenery. He and my Mom have even made reservations for us to take one of the tours through Hearst Castle! That's a place I've wanted to visit for years and just never had the opportunity. When I get back from that I should have some good pictures to post. (Must remember to charge the camera batteries! LOL)
Today is May 4th. 12 more days until Mario Lozano's sentencing hearing. 12 more days until we know how long they are going to put him away for killing Kacie. My brother is still planning on being there in the courtroom and will post what he sees and hears, I'm sure. My hopes are that they will put him in there for good. But, even if they do give him a possibility of parole, I hope it's long enough in the future that they have to carry him out of there in a box. Any man who kills someone and then says that he was only "putting someone out of their misery" doesn't deserve any kind of freedom. 12 more days.
I've been looking through my cookbooks at recipes to try with them since there are so many. As long as I can beat the birds to them! Plus the trees on either side of this one have cherries that will ripen in a couple weeks or so, I think.
Other stuff; The little town I'm living in had a community yard sale even this weekend. A lot of folks pitched in to run the ad in the paper and there were yard sales all over town. It was a pretty good day for it too. The weather was perfect. Clear, sunny and not hot with a little breeze blowing most of the day. I put my stuff at my daughter's in-laws sale, since I didn't have a lot of stuff sorted out yet. The town might do it again this fall. Maybe I'll have some stuff sorted out of my storage unit to add more items to sell. Now, you have to understand, this town is small. The sign out on the highway says we have less than 500 people in town. (And that supposedly includes the folks living on the farms in the surrounding area.) We're sort of in between two larger towns. 10 miles one way, and 15 miles the other. So, just having one yard sale here in town doesn't usually get a lot of "customers". But, if you advertise that there are sales going on all over town... Well, the yard salers will come out here. We had lots of folks come by and lots of them bought stuff. Yay! I felt sorry for one young couple. As they were carrying their treasures out to their car, the young fellow asked me where the gas station was here in town. I had to tell him that we don't have one. The closest stations are 10 miles to the west or 15 miles to the east. They looked a bit unhappy when I told them. I hope they made it to a station! What's left over from the sale is going to get loaded in my son-in-law's dad's pickup tomorrow and will go over to the Cancer Society's thrift shop. And we'll all start sorting through boxes to see what we want to part with in the Fall.
More stuff; It looks like I'll be doing a little traveling later this month. My Step-dad wants to go down to Fort Hunter-Ligget and do a little sight seeing around that area and has asked me to do the driving so he can relax and enjoy the scenery. He and my Mom have even made reservations for us to take one of the tours through Hearst Castle! That's a place I've wanted to visit for years and just never had the opportunity. When I get back from that I should have some good pictures to post. (Must remember to charge the camera batteries! LOL)
Today is May 4th. 12 more days until Mario Lozano's sentencing hearing. 12 more days until we know how long they are going to put him away for killing Kacie. My brother is still planning on being there in the courtroom and will post what he sees and hears, I'm sure. My hopes are that they will put him in there for good. But, even if they do give him a possibility of parole, I hope it's long enough in the future that they have to carry him out of there in a box. Any man who kills someone and then says that he was only "putting someone out of their misery" doesn't deserve any kind of freedom. 12 more days.
Tuesday, April 15, 2008
DAY 4, PEOPLE vs MARIO LOZANO (After lunch)
April 8, 2008. El Dorado Co. Superior Court. People vs. Mario Lozano.
Case # P06CRF0427 (After Lunch)
2:12 The Judge, Atwell and Gomes enter.
The jury enters and are seated.
The Judge instructs the jury. It is their job to determine the facts. The outcome is
up to you and you alone. Your decision must be based only on the facts without bias. He gives the court’s description of what constitutes first-degree murder, second-degree murder, manslaughter and involuntary manslaughter. If they decide on guilty, they must decide unanimously on which degree…
2:54 The Judge concludes the jury’s instructions.
Gomes brings in another shotgun. He starts his closing statement, good afternoon, first I want to thank the jurors. Let me take you back to July 26th 2006 at 12:00 PM. Remember that Mike Thompson and Gary Chapman just left with the defendant and Kacie irritated. Her son said in the morning that she wanted the defendant gone. They all agreed to that but she was not scared. Everyone testified that Kacie had no idea what was going to happen… The defendant knew.
At 12:07 Kacie dials 911, We determined this when Detective Nida went through the cell phone history. It’s probably not the first time that day Kacie’s afraid. She knows the defendant is serious. At 12:09 Kacie’s second call for help. She knows that Gary Chapman just left and must be the closest to the house for help. 12:10, Kacie’s last call to Mike Nuss. She must know by now what’s going to happen. 12:11, Kacie’s phone rings. Mike is calling back in less than 1 minute.
This case is not about 2 bags. We went through this step-by-step. What was in those bags? (Glancing at the jury, I can see their disgust.) That’s what he told Detective Nida, 2 duffle bags of nothing. 2 shirts, dirty socks, pajama pants… This case did not have anything to do with the bags. This case has to do with: 1, murder; 2, stealing Kacie’s car; with additional allegations for the discharge of a gun.
Gomes begins a power point presentation on the large screen. (I try to keep up with my notes but only manage to catch most of it.)
The jury has 2 tasks here. To determine what facts have been proven. To apply the facts to the Law applied here.
Use elements of each charge to apply the facts to the law. Each element must be proven. Think of the elements as questions you have been called upon to prove.
Elements on count. 2 of 2.
Did the defendant take or drive someone’s vehicle without the owner’s consent. When the defendant did so, did he intend to deprive the owner of possession of the car.
Elements of murder.
The defendant committed an act that caused death.
When the defendant acted, he had a state of mind called malice aforethought.
He killed without lawful excuse or justification.
Lets look at malice aforethought. There are 2 kinds of malice aforethought, express malice and implied malice. Proof of either is sufficient to establish the state of mind required for murder.
Express malice.
The defendant acted with intended disregard for life and limb.
Implied malice.
He intentionally committed an act
The act was dangerous to life and limb.
When he acted, he knew how dangerous.
He deliberately acted with conscious disregard for life and limb.
Gomes then illustrates conscious disregard. Remember that he went back to the bedroom. Before he took the gun to shoot her, he had to cycle it to load a round into the firing chamber. (He pumps the illustration shotgun.) He had to disengage the safety. He had to point it at her chest. One more, he had to have his finger on the trigger. Each act was dangerous to life and limb. He knew it. Each of these things puts it in the case of implied malice, conscious disregard of life and limb. Imagine the example of a 7-year-old child. He brings a friend home and wants to show off his dad’s gun. While they are playing with it the trigger is pulled and his friend is shot. He wasn’t aware of the danger that was involved. The defendant is not a child. Can you put this man in the category of the 7-year-old child not knowing the danger of his actions?
Malice aforethought.
It does not require hatred or ill will toward the victim.
It is a state of mind that must be formed before the act that causes death is committed.
It does not require deliberation.
Gomes continues, after you decide that the defendant is guilty of murder, you must determine at what degree.
1st degree murder.
The defendant acted willfully, if he intended to kill.
The defendant acted deliberately if he carefully weighed the considerations for and against his choice, and knowing the consequences he decided to act.
The defendant acted with premeditation if he decided to kill the victim before committing the act that caused death.
2nd degree murder.
Implied malice = 2nd degree murder.
Think about what he said, he looked down the barrel of her shotgun and expected her to pull the trigger.
Someone was going to die, him of her.
Even if he wanted Kacie to kill him. That’s implied malice. (It's not legal to kill your self or to arrange for someone else to kill you.)
Then, Gomes explains, there’s the lesser offence of manslaughter.
Voluntary manslaughter.
There are two ways to commit voluntary manslaughter.
Heat of passion.
Imperfect self-defense.
Heat of passion.
Heat of passion is an instant action without taking time to consider the consequences of the act. Take the illustration of the man who comes home from work early and finds his wife in bed with his best friend. He goes to the other room, gets a gun and returns to shoot them. That’s within seconds he acted without weighing the consequences of his actions. If he went next door to get his neighbors gun, then he had time to cool off and think about what he was doing. Mario stated it took about 3 minutes for him to go into the bedroom and get the gun.
Imperfect self-defense.
Who has the right to defend themselves with deadly force? Anyone who fears they will be harmed or killed has the right in the state of California to defend him or herself with deadly force.
The law states that an aggressor whose victim fights back in self-defense may not invoke the doctrine of self-defense against the victim’s justified acts.
Gomes explains that if Kacie had pulled the trigger and killed Mario, she would have been justified trying to defend herself. This doesn’t apply to Mario. He said: I wanted my bags. I got a shotgun to get my bags. The defendant indicated that this was a gunfight.
Circumstantial evidence.
Circumstantial evidence does not get impeached.
It does not tell lies.
It does not have an agenda.
It simply means what it means.
Gomes states, Kacie’s gun, the safety was on, the feeding tube was full. The firing chamber was empty. It was not readied to be fired. She neither had the desire or the ability to ready it. Nick testified that she was familiar with guns. They went out to shoot a couple times a month. If she was aware of what was about to happen, don’t you think that while she called 911, Gary and Mike, she would have readied the gun to defend herself? There was blood spatter inside the barrel of her gun and it was on the opposite end of the trailer from where she was first shot. The defendant says she had her gun in her right hand at her right shoulder when she was shot. How did it get across the trailer? Yount’s 3 theories are: the dog splattering the blood in the gun, possible but not likely. The gun could have been propped up when Kacie was shot. The only other scenario is that it was on its side where it was found. She’s shot in the chest, staggers back, her head jerks back when she’s shot in the head. It was not in her hand.
The defendant’s gun. The safety was off, the gun was in the fire position. It was found with 2 shells left in the loading tube with one still in the firing chamber. There were 2 rounds on the ground. Gomes pumps the shotgun again and says, the defendant had to chamber another round after shooting Kacie in the head. Why do you chamber a 2nd round if the first was an accident? He takes aim and shoots her in the head. Then he chambers a third round. Gomes pumps the shotgun again and continues, the only reason to cycle that gun is to ready it to fire.
Let’s look at the distance Kacie was from the first shot. Remember the pained illustration we gave and John Yount’s testimony. The shot was straight on. Gomes then holds the shotgun to his right shoulder reaching out with his left hand and says, think about how that could happen. The distance answers the question. John Yount testified a distance greater than 2’ and less than 5’. Look at the cardboard targets, no shot below 3’ matched the size of Kacie’s chest wound. The test shots find between 3’ and 4’ most closely approximate the size of Kacie’s chest wound. When that gun was pointed at me standing square at 2’, I could barely touch the barrel. At 2’ 3” I couldn’t touch the barrel. That’s the power of circumstantial evidence. Test shots at 5’ were closer to Kacie’s chest wound than 4 out of 5 shots at 2’ to 2 ½’. The defendant lied, trying to convince Lieutenant Nida that it was something other than cold-blooded murder. Shot #1 was as deliberate as shot #2. Lets look at motive.
He moved back from Hawaii expecting a relationship with Kacie and didn’t get it. That made him angry.
He found that his money was gone. That made him angry.
Kacie was trying to get rid of him. That made him angry.
He found a crank fXXXing inferno.
Kacie had a new boyfriend. That made him angry.
Kacie spent the previous night at a motel. That made him angry.
This was a cold calculated act of first-degree murder. He acted willfully. It was not an accident. The 2nd shot proves that. The distance of the 1st shot if she pulls the gun, the defendant’s reaction proves that. He didn’t chamber rounds shot after shot, (Gomes pumping the shotgun again.) If # 1 was by accident, why he did load round #2. And shot #2 was not by accident.
What if there was no shot #2?
The defendant would still face nothing less than second-degree murder with personal use of a firearm. Implied malice applies. He intentionally committed an act. The act was dangerous to life and limb. When he acted, he knew how dangerous. He deliberately acted with conscious disregard for life and limb. Going into the bedroom, grabbing the shotgun, turning the safety off, chambering a round and pointing it at Kacie inside the trailer. Nothing could have been more dangerous. He created the situation where someone was going to die.
But there was a shot #2. About 30 second after shot #1, the defendant stated. That’s how much time the defendant had to think about shot #2.
Gomes has the seconds marked off on the large screen. (Take a moment and see just how long 30 seconds is.) Premeditation and deliberation can happen in an instant. Do I get her help or do I chamber another round and kill her?
4:00 Break.
4:15 The Judge and council are seated.
The jury enters.
Atwell stands and acknowledges Lieutenant Nida and Gomes. Then he says, I’m going to recognize the realities of life and that it’s late in the afternoon and everyone’s attention spans are shortened.
Consider all the evidence. All of it, not part of it or bits and pieces. Look at the Judges instructions about weighing the evidence. Not Gomes’ power point presentation… with respect to circumstantial evidence… does not have a voice… circumstantial evidence doesn’t lie… it can’t talk at all. It has meaning as it relates to other evidence.
You heard Gomes’ presentation … He spoke very eloquently. Did he describe all the evidence accurately?… firearms… shells… videos, One with sound and one without….
Will Mario get the kind of verdict you promised to give? According to the law and what the facts actually are? This is not a case of who done it.
The District Attorney refers to the “murder weapon”. The homicide weapon. Was there a murder? Gomes had a similar weapon and racked it several times… I only have one opportunity to talk to you… and rather than looking at bits and pieces. Looking past the lawyer’s selective focus to come out with… a tragic set of circumstances, which produced an accidental death.
The potential charges to consider are murder 1, murder 2, manslaughter and involuntary manslaughter. This was a horrible accident. I hope you will look at it like this.
Look at the evidence. Look at your instructions and decide what happened. Not the picking and choosing… I’m interested in you remembering the pathologist’s report… no soot or stippling. John Yount’s testimony… wasn’t found on skin and it occurs within inches. The pathologist found none on the body. John Yount took a look at the shirt mostly covered with blood from the 2nd shot… No soot and stippling found… not surprising… it was soaked in the blood… not looking in the trailer… looking at the shirt… not his conclusion, Gomes’s conclusion. John Yount was careful about declaring distances, he didn’t do enough tests… he told Gomes that… Gomes had to draw him out. Re-read his testimony. The statements of Mario Lozano. Or disagreements. You can hear it again. My statements in evidence, Gomes’ statement is in his power point not evidence… He spent a lot of time at the start, about the distance at which the first shot was fired. The illustrations were outside the trailer in its entirety and how could Kathleen Barron grab it. In the video, both Mario Lozano’s statements and Lieutenant Nida’s questions show that the shotgun was inside the trailer up to the trigger guard… The only dimensions come from Officer Jordan of outside the trailer with estimates of the floor height. 7’ 10” with approximately 2” wall… lets see… 7’ 6”… I’m challenged in math… 3’ 9” to the center of trailer. The barrel of the shotgun could have come much farther in.
According to Dr Albert there were 4 separate, independent fatal wounds. One to the lungs, 2 separate wounds to the aorta and a massive injury strongly disrupting the heart and valves. And the way that occurred comes only from the statement of Mario Lozano. That’s the evidence we have.
Evidence collected does not disprove that because it’s simply circumstantial evidence. It does not lie because it does not speak without supporting evidence. If there are two reasonable interpretations of circumstantial evidence, one for guilty and one for innocent, we must adopt innocence.
The sequence of phone calls is Gomes’ interpretation. 911 was called, the rest we know nothing.
In spite of the rather clear statements of John Yount… that conclusions be drawn from the cardboard test boards were that you couldn’t tell except for that 2’ to 5’ range. The defense says 3’ to 4’… not only he is ignoring the clear scientific evidence; he is applying his own interpretation.
Even if we do think about the wound and remember that John Yount reminded us about elasticity… and when we were injured by small things and left a large wound. All it is, is circumstantial evidence.
John Yount and Dr. Albert’s testimonies are consistent with Mario Lozano’s statements to Lieutenant Nida. Having been threatened with a weapon, he got another weapon. I don’t recall Lieutenant Nida asking: did you load the weapon? Chamber one round? Take off the safety? We don’t know weather or not the shotgun Mario Lozano picked up in the bedroom was safety on or off.
All we know about what happened in the trailer is what Mario Lozano told Lieutenant Nida. Lieutenant Nida didn’t look in the house, entered the trailer and left Officer Jordan to collect evidence. No measurements were made but two.
The photographs shown tell us of an unfortunate incident. They don’t tell us why or how…
Speculation is not evidence… Bias is not evidence…
Be honest with the evidence… Be honest with the instructions…
You will return a proper verdict.
4:42 Gomes responds with: Atwell’s statements would have you disregard circumstantial evidence as not being scientific. Remember, the Judge’s instruction says to consider it as it supports other evidence. Review the explanations of manslaughter, involuntary manslaughter, second-degree murder and first-degree murder.
4:52 Judge Keller instructs the jury. They will assemble to start deliberation at 9:00 AM.
The bailiff is sworn to take charge of the jury.
Case # P06CRF0427 (After Lunch)
2:12 The Judge, Atwell and Gomes enter.
The jury enters and are seated.
The Judge instructs the jury. It is their job to determine the facts. The outcome is
up to you and you alone. Your decision must be based only on the facts without bias. He gives the court’s description of what constitutes first-degree murder, second-degree murder, manslaughter and involuntary manslaughter. If they decide on guilty, they must decide unanimously on which degree…
2:54 The Judge concludes the jury’s instructions.
Gomes brings in another shotgun. He starts his closing statement, good afternoon, first I want to thank the jurors. Let me take you back to July 26th 2006 at 12:00 PM. Remember that Mike Thompson and Gary Chapman just left with the defendant and Kacie irritated. Her son said in the morning that she wanted the defendant gone. They all agreed to that but she was not scared. Everyone testified that Kacie had no idea what was going to happen… The defendant knew.
At 12:07 Kacie dials 911, We determined this when Detective Nida went through the cell phone history. It’s probably not the first time that day Kacie’s afraid. She knows the defendant is serious. At 12:09 Kacie’s second call for help. She knows that Gary Chapman just left and must be the closest to the house for help. 12:10, Kacie’s last call to Mike Nuss. She must know by now what’s going to happen. 12:11, Kacie’s phone rings. Mike is calling back in less than 1 minute.
This case is not about 2 bags. We went through this step-by-step. What was in those bags? (Glancing at the jury, I can see their disgust.) That’s what he told Detective Nida, 2 duffle bags of nothing. 2 shirts, dirty socks, pajama pants… This case did not have anything to do with the bags. This case has to do with: 1, murder; 2, stealing Kacie’s car; with additional allegations for the discharge of a gun.
Gomes begins a power point presentation on the large screen. (I try to keep up with my notes but only manage to catch most of it.)
The jury has 2 tasks here. To determine what facts have been proven. To apply the facts to the Law applied here.
Use elements of each charge to apply the facts to the law. Each element must be proven. Think of the elements as questions you have been called upon to prove.
Elements on count. 2 of 2.
Did the defendant take or drive someone’s vehicle without the owner’s consent. When the defendant did so, did he intend to deprive the owner of possession of the car.
Elements of murder.
The defendant committed an act that caused death.
When the defendant acted, he had a state of mind called malice aforethought.
He killed without lawful excuse or justification.
Lets look at malice aforethought. There are 2 kinds of malice aforethought, express malice and implied malice. Proof of either is sufficient to establish the state of mind required for murder.
Express malice.
The defendant acted with intended disregard for life and limb.
Implied malice.
He intentionally committed an act
The act was dangerous to life and limb.
When he acted, he knew how dangerous.
He deliberately acted with conscious disregard for life and limb.
Gomes then illustrates conscious disregard. Remember that he went back to the bedroom. Before he took the gun to shoot her, he had to cycle it to load a round into the firing chamber. (He pumps the illustration shotgun.) He had to disengage the safety. He had to point it at her chest. One more, he had to have his finger on the trigger. Each act was dangerous to life and limb. He knew it. Each of these things puts it in the case of implied malice, conscious disregard of life and limb. Imagine the example of a 7-year-old child. He brings a friend home and wants to show off his dad’s gun. While they are playing with it the trigger is pulled and his friend is shot. He wasn’t aware of the danger that was involved. The defendant is not a child. Can you put this man in the category of the 7-year-old child not knowing the danger of his actions?
Malice aforethought.
It does not require hatred or ill will toward the victim.
It is a state of mind that must be formed before the act that causes death is committed.
It does not require deliberation.
Gomes continues, after you decide that the defendant is guilty of murder, you must determine at what degree.
1st degree murder.
The defendant acted willfully, if he intended to kill.
The defendant acted deliberately if he carefully weighed the considerations for and against his choice, and knowing the consequences he decided to act.
The defendant acted with premeditation if he decided to kill the victim before committing the act that caused death.
2nd degree murder.
Implied malice = 2nd degree murder.
Think about what he said, he looked down the barrel of her shotgun and expected her to pull the trigger.
Someone was going to die, him of her.
Even if he wanted Kacie to kill him. That’s implied malice. (It's not legal to kill your self or to arrange for someone else to kill you.)
Then, Gomes explains, there’s the lesser offence of manslaughter.
Voluntary manslaughter.
There are two ways to commit voluntary manslaughter.
Heat of passion.
Imperfect self-defense.
Heat of passion.
Heat of passion is an instant action without taking time to consider the consequences of the act. Take the illustration of the man who comes home from work early and finds his wife in bed with his best friend. He goes to the other room, gets a gun and returns to shoot them. That’s within seconds he acted without weighing the consequences of his actions. If he went next door to get his neighbors gun, then he had time to cool off and think about what he was doing. Mario stated it took about 3 minutes for him to go into the bedroom and get the gun.
Imperfect self-defense.
Who has the right to defend themselves with deadly force? Anyone who fears they will be harmed or killed has the right in the state of California to defend him or herself with deadly force.
The law states that an aggressor whose victim fights back in self-defense may not invoke the doctrine of self-defense against the victim’s justified acts.
Gomes explains that if Kacie had pulled the trigger and killed Mario, she would have been justified trying to defend herself. This doesn’t apply to Mario. He said: I wanted my bags. I got a shotgun to get my bags. The defendant indicated that this was a gunfight.
Circumstantial evidence.
Circumstantial evidence does not get impeached.
It does not tell lies.
It does not have an agenda.
It simply means what it means.
Gomes states, Kacie’s gun, the safety was on, the feeding tube was full. The firing chamber was empty. It was not readied to be fired. She neither had the desire or the ability to ready it. Nick testified that she was familiar with guns. They went out to shoot a couple times a month. If she was aware of what was about to happen, don’t you think that while she called 911, Gary and Mike, she would have readied the gun to defend herself? There was blood spatter inside the barrel of her gun and it was on the opposite end of the trailer from where she was first shot. The defendant says she had her gun in her right hand at her right shoulder when she was shot. How did it get across the trailer? Yount’s 3 theories are: the dog splattering the blood in the gun, possible but not likely. The gun could have been propped up when Kacie was shot. The only other scenario is that it was on its side where it was found. She’s shot in the chest, staggers back, her head jerks back when she’s shot in the head. It was not in her hand.
The defendant’s gun. The safety was off, the gun was in the fire position. It was found with 2 shells left in the loading tube with one still in the firing chamber. There were 2 rounds on the ground. Gomes pumps the shotgun again and says, the defendant had to chamber another round after shooting Kacie in the head. Why do you chamber a 2nd round if the first was an accident? He takes aim and shoots her in the head. Then he chambers a third round. Gomes pumps the shotgun again and continues, the only reason to cycle that gun is to ready it to fire.
Let’s look at the distance Kacie was from the first shot. Remember the pained illustration we gave and John Yount’s testimony. The shot was straight on. Gomes then holds the shotgun to his right shoulder reaching out with his left hand and says, think about how that could happen. The distance answers the question. John Yount testified a distance greater than 2’ and less than 5’. Look at the cardboard targets, no shot below 3’ matched the size of Kacie’s chest wound. The test shots find between 3’ and 4’ most closely approximate the size of Kacie’s chest wound. When that gun was pointed at me standing square at 2’, I could barely touch the barrel. At 2’ 3” I couldn’t touch the barrel. That’s the power of circumstantial evidence. Test shots at 5’ were closer to Kacie’s chest wound than 4 out of 5 shots at 2’ to 2 ½’. The defendant lied, trying to convince Lieutenant Nida that it was something other than cold-blooded murder. Shot #1 was as deliberate as shot #2. Lets look at motive.
He moved back from Hawaii expecting a relationship with Kacie and didn’t get it. That made him angry.
He found that his money was gone. That made him angry.
Kacie was trying to get rid of him. That made him angry.
He found a crank fXXXing inferno.
Kacie had a new boyfriend. That made him angry.
Kacie spent the previous night at a motel. That made him angry.
This was a cold calculated act of first-degree murder. He acted willfully. It was not an accident. The 2nd shot proves that. The distance of the 1st shot if she pulls the gun, the defendant’s reaction proves that. He didn’t chamber rounds shot after shot, (Gomes pumping the shotgun again.) If # 1 was by accident, why he did load round #2. And shot #2 was not by accident.
What if there was no shot #2?
The defendant would still face nothing less than second-degree murder with personal use of a firearm. Implied malice applies. He intentionally committed an act. The act was dangerous to life and limb. When he acted, he knew how dangerous. He deliberately acted with conscious disregard for life and limb. Going into the bedroom, grabbing the shotgun, turning the safety off, chambering a round and pointing it at Kacie inside the trailer. Nothing could have been more dangerous. He created the situation where someone was going to die.
But there was a shot #2. About 30 second after shot #1, the defendant stated. That’s how much time the defendant had to think about shot #2.
Gomes has the seconds marked off on the large screen. (Take a moment and see just how long 30 seconds is.) Premeditation and deliberation can happen in an instant. Do I get her help or do I chamber another round and kill her?
4:00 Break.
4:15 The Judge and council are seated.
The jury enters.
Atwell stands and acknowledges Lieutenant Nida and Gomes. Then he says, I’m going to recognize the realities of life and that it’s late in the afternoon and everyone’s attention spans are shortened.
Consider all the evidence. All of it, not part of it or bits and pieces. Look at the Judges instructions about weighing the evidence. Not Gomes’ power point presentation… with respect to circumstantial evidence… does not have a voice… circumstantial evidence doesn’t lie… it can’t talk at all. It has meaning as it relates to other evidence.
You heard Gomes’ presentation … He spoke very eloquently. Did he describe all the evidence accurately?… firearms… shells… videos, One with sound and one without….
Will Mario get the kind of verdict you promised to give? According to the law and what the facts actually are? This is not a case of who done it.
The District Attorney refers to the “murder weapon”. The homicide weapon. Was there a murder? Gomes had a similar weapon and racked it several times… I only have one opportunity to talk to you… and rather than looking at bits and pieces. Looking past the lawyer’s selective focus to come out with… a tragic set of circumstances, which produced an accidental death.
The potential charges to consider are murder 1, murder 2, manslaughter and involuntary manslaughter. This was a horrible accident. I hope you will look at it like this.
Look at the evidence. Look at your instructions and decide what happened. Not the picking and choosing… I’m interested in you remembering the pathologist’s report… no soot or stippling. John Yount’s testimony… wasn’t found on skin and it occurs within inches. The pathologist found none on the body. John Yount took a look at the shirt mostly covered with blood from the 2nd shot… No soot and stippling found… not surprising… it was soaked in the blood… not looking in the trailer… looking at the shirt… not his conclusion, Gomes’s conclusion. John Yount was careful about declaring distances, he didn’t do enough tests… he told Gomes that… Gomes had to draw him out. Re-read his testimony. The statements of Mario Lozano. Or disagreements. You can hear it again. My statements in evidence, Gomes’ statement is in his power point not evidence… He spent a lot of time at the start, about the distance at which the first shot was fired. The illustrations were outside the trailer in its entirety and how could Kathleen Barron grab it. In the video, both Mario Lozano’s statements and Lieutenant Nida’s questions show that the shotgun was inside the trailer up to the trigger guard… The only dimensions come from Officer Jordan of outside the trailer with estimates of the floor height. 7’ 10” with approximately 2” wall… lets see… 7’ 6”… I’m challenged in math… 3’ 9” to the center of trailer. The barrel of the shotgun could have come much farther in.
According to Dr Albert there were 4 separate, independent fatal wounds. One to the lungs, 2 separate wounds to the aorta and a massive injury strongly disrupting the heart and valves. And the way that occurred comes only from the statement of Mario Lozano. That’s the evidence we have.
Evidence collected does not disprove that because it’s simply circumstantial evidence. It does not lie because it does not speak without supporting evidence. If there are two reasonable interpretations of circumstantial evidence, one for guilty and one for innocent, we must adopt innocence.
The sequence of phone calls is Gomes’ interpretation. 911 was called, the rest we know nothing.
In spite of the rather clear statements of John Yount… that conclusions be drawn from the cardboard test boards were that you couldn’t tell except for that 2’ to 5’ range. The defense says 3’ to 4’… not only he is ignoring the clear scientific evidence; he is applying his own interpretation.
Even if we do think about the wound and remember that John Yount reminded us about elasticity… and when we were injured by small things and left a large wound. All it is, is circumstantial evidence.
John Yount and Dr. Albert’s testimonies are consistent with Mario Lozano’s statements to Lieutenant Nida. Having been threatened with a weapon, he got another weapon. I don’t recall Lieutenant Nida asking: did you load the weapon? Chamber one round? Take off the safety? We don’t know weather or not the shotgun Mario Lozano picked up in the bedroom was safety on or off.
All we know about what happened in the trailer is what Mario Lozano told Lieutenant Nida. Lieutenant Nida didn’t look in the house, entered the trailer and left Officer Jordan to collect evidence. No measurements were made but two.
The photographs shown tell us of an unfortunate incident. They don’t tell us why or how…
Speculation is not evidence… Bias is not evidence…
Be honest with the evidence… Be honest with the instructions…
You will return a proper verdict.
4:42 Gomes responds with: Atwell’s statements would have you disregard circumstantial evidence as not being scientific. Remember, the Judge’s instruction says to consider it as it supports other evidence. Review the explanations of manslaughter, involuntary manslaughter, second-degree murder and first-degree murder.
4:52 Judge Keller instructs the jury. They will assemble to start deliberation at 9:00 AM.
The bailiff is sworn to take charge of the jury.
Monday, April 14, 2008
DAY4, PEOPLE vs MARIO LOZANO (Before lunch, with transcript.)
April 8, 2008. El Dorado Co. Superior Court. People vs. Mario Lozano.
Case # P06CRF0427 (Before Lunch, with transcript.)
This morning I showed up in a black tee with What part of “Thou shalt not” didn’t you understand? .God in white letters on the front. I have a red long sleeve tee underneath for the blood that was shed. Several people who read it appreciated it. Pat, Annie, Doug and Lee are there. Val Pease, a cousin, and Sedina Pease, 2nd cousin, show up. About 7 others I don’t recognize are there also. I wish I got their names to add to Kacie”s supporters list.
9:07 Mario comes in wearing the same suit but is in chains today. Usually they only have him keep his hands in his pockets. Another close neighbor came in, Harry Bannister. The deputies brought in a TV on a stand and we hear that the video was going to be shown to the jury, not us. Gomes and Atwell come in the side door talking and leave out the back door. Gomes comments, we won’t be needing that, pointing at the TV. Carroll Watson comes over and tells us that it was asked about all of Kacie’s supporters moving all the way to the right of the courtroom so we could see. (They keep the first row empty during criminal trials.) They decided to show the video on the large screen so we could see it too.
9:35 Gomes gets the video from Atwell. Atwell had it to compare it with the transcription. Within minutes Gomes and Nida are having difficulty viewing it on their laptop. Atwell comes over and stands at the front of their desk saying; Uh, yeah it played… maybe it’s a CD… maybe it’s in another player somewhere…(About now I’m thinking, what the hell’s going on? Is this Atwell’s defense? Lose the video and bring something else?) Finally they get it to play on the laptop and begin connecting it to the projector.
9:38 Judge Keller peeks in the side door and the bailiff tells him, we’re just getting the technical hooked up.
Finally it’s on the large screen, a small room is shown with a table and three chairs in it. A computer monitor and a telephone are on the table. One chair is by the table and Mario is seated in the center chair, with his back to the camera, cuffed to a bar on the wall.
9:43 Judge Keller enters. The jury enters; each is given a copy of the transcript and are seated. Court proceeds.
Atwell begins by waiving his right for an opening statement.
The Judge says there is a correction needed on the transcript. On page 24, line 2 in regards to Mr. Lozano’s statement: I’ve seen people who got shot. It should read read gut not who got. Would the jurors correct their copies?
The video begins. I’m trying to take notes but it’s so fast at times I can’t keep up.
I decide I’ll ask for a copy of the transcription later and watch the video. Mario is sitting in his chair calmly, occasionally looking at the screen. The jurors are alternately looking at the screen and their transcripts. During the few pauses in the video when Nida is called out of the room, I notice several of the jurors flipping pages of their transcripts reviewing what had been said. In the video, Detective Nida first sat on the right of Mario but moved to his left when she noticed it was hard for Mario to face her with his left hand cuffed to the wall. Whenever it seemed that Mario was lying, he would fidget with his right hand and get a drink of water or bite of pizza the guards gave him. I noticed at one time during the video that Pat was leaning on the chair in front of him just looking at the floor.
I’ll copy the transcript here for the sake of continuity. I will add Lieutenant Nida’s corrections in bold print and my comments in italics.
VIDEOTAPED INTERVIEW OF MARIO LOZANO
CONDUCTED BY DETECTIVE KIM NIDA
Officer 1: When I release your hand. I want you to put it on the wall for me. Okay. Shake that one out. You cool?
All right. Go ahead and turn around. Sit down. You want a piece of pizza or a bottle of water or something?
Mr. Lozano: Yeah.
Officer 1: Both?
Mr. Lozano: Yeah, please.
Officer 2: That’s no problem. Sausage or pepperoni?
Officer 1: Sausage or – what is it?
Officer 2: Sausage or pepperoni.
Officer 1: Sausage or pepperoni.
Mr. Lozano: Pepperoni.
Officer 1: Pepperoni?
Mr. Lozano: Yeah.
Officer 1: Cool.
Mr. Lozano: You want these books of matches I got in my pocket?
Officer 1: I’m Sorry?
Mr. Lozano: You want these books of matches that are in my pocket?
Officer 1: No. You’re good.
Officer 2: Don’t light yourself on fire.
You been a friend of Larry’s for a while?
Mr. Lozano: Long time. Yeah.
Officer 2: Yeah. Me too. Him and his wife Bobbie.
Mr. Lozano: I feel bad about that. I put him in a -- I put him in a --
Officer 2: Well, yeah, you did. You know, because I was telling him -- I said, what would have happened if you got stopped? You had a warrant out for your arrest. And if you’d got stopped on your way to Idaho in the truck, they would have taken him along with you probably. So -- but he understood so that I don’t think that (inaudible)
Officer 1: Another piece?
Mr. Lozano: No, thank you.
Officer 1: Okay.
(This is where Gomes started the video in the courtroom. Officers 1 & 2 left and Mario is in the room alone. Detective Nida enters and takes a seat to the right of Mario.)
Detective Nida: My name is Kim Nida. I am a detective with Placerville Police
Department.
Mr. Lozano: Mm-hmm.
Detective Nida: I feel like I know you already. I’ve been kinda tracking you for about two and a half weeks now.
Mr. Lozano: Yeah.
Detective Nida: Sound about right?
Mr. Lozano: About right, yeah.
Detective Nida: You’re Mario Lozano, correct?
Mr. Lozano: (Nods head.)
Detective Nida: What’s your birthday Mario?
Mr. Lozano: 2/16/48.
Detective Nida: Okay. And your Social Security number?
Mr. Lozano: 5XX-XX-XXX9.
Detective Nida: You have the right to remain silent. Do you understand?
Mr. Lozano: (Nods head.)
Detective Nida: Anything you say may be used against you in court. Do you understand?
Mr. Lozano: (Nods head.)
Detective Nida: If you could verbally answer, that would be –
Mr. Lozano: Oh, yeah. Yeah.
Detective Nida: You have the right to the presence of an attorney before or during any questioning. Do you understand?
Mr. Lozano: Mm-hmm.
Detective Nida: If you cannot afford an attorney, one will be appointed for you free of charge before any questioning. Do you understand?
Mr. Lozano: Yes.
Detective Nida: Having those rights in mind, why don’t you tell me why you think I’m here talking with you today.
Mr. Lozano: I don’t know.
Detective Nida: You don’t know?
Why don’t you start talking to me about Kauai. You were in Kauai for about five months or so before coming back here.
Mr. Lozano: Seven.
Detective Nida: Seven months. Okay. Why don’t you tell me about Kauai.
You can’t turn this way, huh?
Mr. Lozano: No.
Detective Nida: Okay. Let me over here.
(Detective Nida gets up and moves to Mario’s left and sits next to the table since Mario’s left wrist is shackled to the wall.)
Mr. Lozano: What’s to tell.
Detective Nida: What were you doing in Kauai. How’s -- how’s Kauai doing?
Mr. Lozano: I was busting my ass over there.
Detective Nida: Yeah, What were you doing? You’re a hard worker. I know that.
Mr. Lozano: Framing.
Detective Nida: You were framing? You weren’t doing carpet cleaning?
Mr. Lozano: I did it for a little bit and then I got a paying job framing, so, you know.
Detective Nida: Okay. And how was Kauai. Was it good for you over there? Making lots of money?
Mr. Lozano: Yeah. I sent a lot of it back.
Detective Nida: Where did you send it to?
Mr. Lozano: Kacie.
Detective Nida: Kacie who?
Mr. Lozano: Barron.
Detective Nida: Okay. How much did you send back to Kacie?
Mr. Lozano: I don’t know. I don’t know.
Detective Nida: How did you send it back to her?
Mr. Lozano: Usually by money order or wire.
Detective Nida: Okay. How long were you sending it back to her? What time frame?
Mr. Lozano: For about six months. I guess.
Detective Nida: Okay. Tell me more about Kauai. And what led you to come back to California?
Mr. Lozano: Kacie.
(Silent pause… Mario’s looking at the floor, shaking his head.)
Detective Nida: Whatcha thinking?
(Silence again.)
Mr. Lozano: I would not have left Kauai to come back to the crank fXXXing inferno, you know, if somebody had been up front with me to begin with. (Inaudible.)
Detective Nida: What went on there? What did you see there.
Mr. Lozano: In Kauai?
Detective Nida: No, in Placerville. What do you mean crank fXXXing inferno? Okay. Describe that for me.
Mr. Lozano: Every one around you wired except you.
Detective Nida: Really?
Mr. Lozano: Yeah.
Detective Nida: Okay. Who was all in and out? Do you know names?
Mr. Lozano: Oh, just a lot of people.
Detective Nida: Do you know them?
Mr. Lozano: Mm-hmm.
Detective Nida: Okay. Were they friends of yours?
Mr. Lozano: No. They were all friends of hers.
Detective Nida: Okay. Was it being sold. Was it --
Mr. Lozano: Mm-hmm.
Detective Nida: It was being sold out of there?
Mr. Lozano: Mm-hmm.
Detective Nida: Okay. And you watched it all taking place?
Mr. Lozano: Mm-hmm.
Detective Nida: How did that make you feel?
Mr. Lozano: Not very good. I spent my last money to get here thinking that there was money saved here, but there wasn’t.
Detective Nida: How did you find that out?
Mr. Lozano: It just wasn’t there.
Detective Nida: Did she tell you she spent it all? Or did you have access to a mutual bank account? How did you know that it wasn’t there? What happened?
Mr. Lozano: She told me she spent it all.
Detective Nida: What did she spend it on?
Mr. Lozano: I don’t know.
Detective Nida: You have no idea?
Mr. Lozano: No.
Detective Nida: Okay. Was she supposed to be spending it on something for you guys or just saving it?
Mr. Lozano: Yeah.
Detective Nida: Yeah, what?
Mr. Lozano: Well she bought some stuff for the -- for the trailer and all of that. We were supposed to go like next month.
Detective Nida: Where were you supposed to go?
Mr. Lozano: Down to Arizona. But one look at all of that when I got back, I knew that boat wasn’t leaving anytime soon. The trailer got torn apart. We got a huge truck to pull that trailer with. I mean, gas being what it is now -- you know, we were gonna be on a limited income as it was. You don’t go out and buy a 454 dually crew cab--
(Kacie wanted to travel farther than just Arizona. The trailer was “torn apart” for repairs that most men I know wouldn’t attempt. The truck was a gift, or on loan from long time friends for Kacie to use if she fixed it up, licensed and insured it.)
Detective Nida: With gas prices.
Mr. Lozano: -- to pull a 24-foot trailer, you know?
Detective Nida: With gas at 3:30 a gallon.
Mr. Lozano: Four in some places.
Detective Nida: Yeah. It’s ridiculous, isn’t it?
Mr. Lozano: And she found herself a new beau. New crank connection so…
Detective Nida: Who was that?
Mr. Lozano: I don’t know. I know she spent the previous night in a motel room with him in Cameron Park.
Detective Nida: How did -- how did you find that out?
Mr. Lozano: I just did. What you can do with a computer these days, you know?
Detective Nida: That is very true. So the whole time that you were in Kauai, she let you to believe that you guys were gonna be together when you -- when you got back over here?
Mr. Lozano: Yeah.
Detective Nida: And then when you got back over here, you found out that she wasn’t true to her word?
Mr. Lozano: No, she wasn’t.
Detective Nida: Who was this other guy?
Mr. Lozano: I don’t know. He sold her pain pills, too, I think.
(That was probably Mike Thompson, who had a relationship with Kacie years ago. They were still good friends for many years. Mario obviously couldn’t understand having close relationships with exes.)
Detective Nida: What did he drive?
Mr. Lozano: I don’t know.
Detective Nida: Did you see him visit while she was there -- while you were there?
Mr. Lozano: Yeah.
(He visited when I was seeing Kacie. But I didn’t get all bent about it.)
Detective Nida: Okay. What does he look like?
Mr. Lozano: You already know all of that, I’m sure.
Detective Nida: I didn’t realize she had another boyfriend. That didn’t come up.
(Duhh! Didn't come up because there wasn't one.)
Mr. Lozano: Didn’t you know about her crank connection?
Detective Nida: I did.
Mr. Lozano: And her pill -- her pill dude? Okay. FXXXin’ waste (Inaudible)
What a waste.
Detective Nida: Waste of your time running, (Waste of your time and money,) huh?
Mr. Lozano: A waste of everything. I’m a dead man now so it doesn’t matter, you know?
Detective Nida: What do you mean?
Mr. Lozano: She’s got friends in that town that ain’t gonna be too happy about this, probably ain’t already. And they know people on the inside, so, it’s just a matter of time.
Detective Nida: Well, let us know. We’ll keep you from those people. We can keep you separated as much as possible.
(We understand they have been keeping him in the infirmary.)
Mr. Lozano: Oh, it doesn’t matter. One way or the other, I gotta go so…
Detective Nida: We’re all living to die, right?
Mr. Lozano: Well it ain’t gonna go no farther than this, is it?
Detective Nida: What are you gonna tell me? How are you gonna help yourself today?
Mr. Lozano: Help myself do what? Drive to San Quinton to the fXXXing -- to the gas chamber or what? What do ya want me to tell ya?
Detective Nida: What happened? Tell me what happened.
Mr. Lozano: The first one was a fXXXin’ mistake. That was an accident.
Detective Nida: Okay.
Mr. Lozano: She threw down on me with a fXXXin’ 12 gauge.
Detective Nida: That’s what I thought.
Mr. Lozano: Then I stuck the other one in the window and she was looking at me telling me, asking me did I wanna play.
Detective Nida: She said, do you wanna play?
Mr. Lozano: Mm-hmm. And I just looked at her. Looked right at the fXXXin’ shotgun (Inaudible). (barrel)
Detective Nida: Okay. Take me to the beginning of the story. That’s the end, right?
The first shot was an accident?
Mr. Lozano: Mm-hmm.
Detective Nida: The second shot wasn’t?
Mr. Lozano: (Shakes his head.)
Detective Nida: You were leaning in the window on the first shot?
Mr. Lozano: No, I was standing outside.
Detective Nida: Of the door?
Mr. Lozano: Or the window.
Detective Nida: Okay. On the green chair?
Mr. Lozano: Well, in front of it.
Detective Nida: Okay.
Mr. Lozano: Yeah.
Detective Nida: And you were leaning in with the shotgun?
(So how far in the window could he reach with the gun?)
Mr. Lozano: Mm-hmm.
Detective Nida: Okay. And “by accident,” what do you mean by that?
Mr. Lozano: Well, I thought she would pull the trigger first. I was kinda counting on that.
Detective Nida: Mm-hmm.
Mr. Lozano: (Inaudible.)
Detective Nida: I hear she’s a pretty good shot and pretty fast.
Mr. Lozano: Well, she wasn’t this time. I wish she had.
Detective Nida: Okay. So tell me about the second shot.
Mr. Lozano: Kill shot. It (She) was gut shot. It looked to me like it was pretty close to the liver.
Detective Nida: The second shot?
Mr. Lozano: No, the first one.
Detective Nida: The first one was the -- the body shot?
Mr. Lozano: Mm-hmm.
Detective Nida: And the second one was the head shot?
Mr. Lozano: Mm-hmm.
Detective Nida: How far away were ya on both shots?
Mr. Lozano: She was -- she went to yank. She went to yank with this hand.
(indicating). (With his left hand.) She had the shotgun in this hand (indicating). (With his right hand like he had it shouldered.) She went to yank on the barrel with her left and it was pointed up.
(Did anyone catch that he said “she went to yank on the barrel” not that she yanked the barrel?)
Detective Nida: It was up?
Mr. Lozano: Well, it was, you know, about this kind of angle (indicating). (Acting like he’s pointing a shotgun slightly up.)
Detective Nida: Okay. So she’s like this (indicating)? (Like pointing a shotgun slightly down.)
Mr. Lozano: She’s got it pointing right at me.
Detective Nida: And you’re at the window. (With a chair between him and the trailer.) And where is she at?
Mr. Lozano: She’s leaning down out of the window. I mean she’s leaning down
this side.
Detective Nida: She’s on the cushions right there?
Mr. Lozano: She’s standing in between.
(Standing… leaning… which is it, Mario?)
Detective Nida: Okay. So she’s standing in between the cushions and you were at
the window. And where did you get your shotgun from?
Mr. Lozano: Inside the house.
Detective Nida: Okay. And where did she get her shotgun from? Did she have it
in there with her?
Mr. Lozano: Yeah.
Detective Nida: Was there an argument beforehand? You guys get in a --
Mr. Lozano: Yeah. She told me to leave and I said well, let me have my bags.
Detective Nida: Because your bags were in the trailer. So walk me through that. Tell me about the argument.
Mr. Lozano: She just said she wanted me to go. So I just wanted to get my bags and go.
Detective Nida: That’s fair. And she wouldn’t let you get the bags?
Mr. Lozano: (Shakes his head.)
Detective Nida: Was the door locked?
Mr. Lozano: Yeah.
Detective Nida: Did you try to get in through the door?
Mr. Lozano: No. I knew it was locked.
Detective Nida: How did you know it was locked?
Mr. Lozano: Because she was locked in there.
Detective Nida: Why was she locked in there?
Mr. Lozano: She always locks herself in.
Detective Nida: Oh, she does?
Mr. Lozano: Yeah.
Detective Nida: I didn’t know that.
Mr. Lozano: She locks -- she locks everything behind her.
Detective Nida: Okay.
Mr. Lozano: Because of this Dave guy that she was supposed to testify against
this next couple of months or this month. She’s been afraid for the last couple of years.
(Dave Partridge was a previous ex trying to control her. He couldn’t accept that Kacie wanted him to leave. So he stalked and harassed her. He finally came in her back door that was unlocked and caught her in the kitchen. While trying to get her to submit, he twisted her two middle fingers sideways and shattered the bones. He still would stalk and harass her from a distance.)
Detective Nida: So is it normal for her to have a shotgun with her?
Mr. Lozano: She slept with it.
Detective Nida: So when she was outside, she normally had it with her?
Mr. Lozano: Well, one or the other, you know.
(When I was seeing her she rarely had the doors locked or the shotgun outside with her during the day unless she sensed something was up.)
Detective Nida: So you guys get in an argument. From -- she’s inside. You’re
outside. You get in an argument.
Mr. Lozano: I told her that if she wanted me to go, let me have my bags and I’ll
be on my way. I don’t know how I was gonna do that, but…
Detective Nida: You’ve survived before.
Mr. Lozano: Yeah. But I usually get my clothes. And one thing led to another.
Detective Nida: Tell me about the one thing led to another. That’s the part I don’t
understand.
Mr. Lozano: Well, she was in the trailer with this fXXXin’ gun and she’s telling
me to leave, but she won’t give me my bags. All she has to do is throw them out the window.
Detective Nida: Mm-hmm. She’s obstinate.
(Yeah, she could be that at times.)
Mr. Lozano: Yeah. I mean, I had left before. You know, I left for Kauai in
January. And I left when it was really cold. You know, and I get over to Kauai and --
Detective Nida: What do you mean you left when it was really cold? Between you
guys?
Mr. Lozano: Yeah, that and --
Detective Nida: Oh, the temperature. Okay. And you guys worked stuff out while
you were in Kauai. She came and visited you?
Mr. Lozano: Yeah.
(So there’s a chunk of the money you sent her.)
Detective Nida: Okay. You got sick back there or something?
Mr. Lozano: Mm-hmm.
Detective Nida: You got in a fight or something or in an accident?
Mr. Lozano: Yeah. Got in an accident.
Detective Nida: And she came out and kinda took care of you during that time?
Mr. Lozano: No. I mean, it was all over and done with by the time she came out.
Detective Nida: Oh.
Mr. Lozano: This guy I was -- I had been staying with --
Detective Nida: Tim?
Mr. Lozano: Jim?
Detective Nida: Jim.
Mr. Lozano: Yeah. You guys talk to him, too?
Detective Nida: No. I didn’t talk to Jim, but I knew it was your statement. (but I
knew you stayed with him.)
Mr. Lozano: You talk to Sue?
Detective Nida: No.
Mr. Lozano: Oh.
Detective Nida: Is that his wife?
Mr. Lozano: Nah. It don’t matter.
(Who's Sue? Hmmm, Sounds like you were really broken up about Kacie, huh?)
Detective Nida: Okay.
Mr. Lozano: It’s not important. Anyway, he had taken it upon himself to call her and tell her I was in critical condition out there. I didn’t ask him to do that. I was in critical condition. You know, I was -- you know, by the time she -- she took off from her place thinking I was in critical condition, by the time she comes out, I’ve already been -- it’s done and over with for --
Detective Nida: And you’re all better now.
Mr. Lozano: Yeah. Four or five days, you know, since that happened. So anyway, she spent the week there with me and got on the plane and came back here. And then she sold her Cutlass to buy that trailer and discovered it had leaks and was really depressed about it. I mean she was getting more and more depressed. I think it was the 1st of July she had a -- she was in the puff unit on a 24-hour hold.
Detective Nida: Oh, was she?
Mr. Lozano: Suicidal. She had taken more Soma’s than she should have. You do a tox on her?
Detective Nida: Yes.
Mr. Lozano: I figure that. Wanna do one on me? I’m fine with that.
Detective Nida: Do you mind if we do?
Mr. Lozano: Not at all.
Detective Nida: We’ll see. I don’t know.
Mr. Lozano: Marijuana that’s about it.
Detective Nida: It’s practically legal, isn’t it?
Mr. Lozano: Not in here, but --
Detective Nida: No, not in here. Where did you get your shotgun at or the one you used?
Mr. Lozano: In the bedroom.
Detective Nida: At what point did you get that?
Mr. Lozano: When she threw down on me and told me that she wasn’t having any -- any part of it.
Detective Nida: Okay.
Mr. Lozano: And she’d blow my fXXXing head off so…
Detective Nida: So you went to protect yourself?
Mr. Lozano: Yeah, I just went to calm -- you know, okay. Now we’re both even. Now can I have my fXXXng bags? You know what I mean?
Detective Nida: Right.
Mr. Lozano: So it didn’t work out.
Detective Nida: So when you came back to the trailer with the shotgun in your hand, what did you say to her?
Mr. Lozano: I said let me have my bags.
Detective Nida: What did she say to you?
Mr. Lozano: Told me to get the fXXk out of there. I said, “I will as soon as you give me my bags.” Detective Nida: And the whole time that you’re talking with her, where is she at? Is she still standing in between the cushions?
Mr. Lozano: Yeah.
Detective Nida: That little walkway area. And you were just outside the window? Okay.
Mr. Lozano: She didn’t see the shotgun. I was hiding it on my side.
Detective Nida: Down. Are you right handed? Or down.
Mr. Lozano: I put it in the window. Just give me my sXXt. Oh, you wanna play? I didn’t say anything.
Detective Nida: She said you wanna play?
Mr. Lozano: Well I was looking down the barrel of that 12-gauge and then I looked at her. I don’t know why she didn’t pull the trigger because there was nothing but hate in her eyes. I thought for sure she would’ve. I thought she might be kind enough to do that.
(Hate in her eyes? DUHH! Look at where you’ve forced her!)
Detective Nida: Did you wanna die. Is that what you were looking for?
Mr. Lozano: It doesn’t matter. It don’t matter now. Not that I’m -- I don’t plan on hurting anybody else or myself, but it don’t matter now. Life’s over.
Detective Nida: Different chapter.
Mr. Lozano: It’s over. I’ll die in prison.
Detective Nida: You don’t know.
Mr. Lozano: (Inaudible.) (I’ll die in prison. That’s where I’ll die.)
Detective Nida: So you said the first shot was the gut shot?
Mr. Lozano: Um-um.
Detective Nida: Are you sure?
Mr. Lozano: Positive.
Detective Nida: And what did she do after that first shot?
Mr. Lozano: She dropped her gun and grabbed her gut and turned and walked that way. (Indicating.) (He pointed to his right.)
Detective Nida: So she was still walking after the first -- that first one?
Mr. Lozano: She was going down.
Detective Nida: Okay.
Mr. Lozano: She was walking real slow.
Detective Nida: Did she turn and face you again?
Mr. Lozano: No.
Detective Nida: Were you still outside the trailer?
Mr. Lozano: Yeah.
Detective Nida: And she was still standing?
Mr. Lozano: Mm-hmm.
Detective Nida: -- on the second shot?
Mr. Lozano: Mm-hmm.
Detective Nida: Okay. That makes sense.
Mr. Lozano: That’s how it happened.
Detective Nida: I’m just trying to match it up with what I saw inside. Did you want to get caught?
Mr. Lozano: I knew it was just a matter of time. I just wanted to smoke a few more cigarettes.
Detective Nida: I think that’s a song, isn’t it?
Mr. Lozano: I don’t know. Might be.
Detective Nida: You jumped in her car?
Mr. Lozano: Mm-hmm.
Detective Nida: So you dropped your shotgun?
Mr. Lozano: Yeah.
Detective Nida: And you grab a .22 from the house?
Mr. Lozano: No, she had it in the trailer with her.
Detective Nida: Oh, it was in the trailer with her. Okay. So you went into the trailer and grabbed them?
Mr. Lozano: Mm-hmm.
Detective Nida: Did you go through the window?
Mr. Lozano: Yeah.
Detective Nida: Where were they in the trailer?
Mr. Lozano: On the other couch by the other cushion.
Detective Nida: Cushion. And that lockbox was there?
Mr. Lozano: That’s where they were.
Detective Nida: And you climbed out back through the window and jumped in her car and left?
Mr. Lozano: Yeah.
Detective Nida: That’s it? What was going through your head?
Mr. Lozano: All of it. They haven’t stopped.
Detective Nida: I bet.
Mr. Lozano: I haven’t slept much since.
Detective Nida: Yeah.
Mr. Lozano: Nobody ever talks about that.
Detective Nida: You’ve been playing it over and over in your head?
Mr. Lozano: (Inaudible) higher and higher and tighter and tighter.
Detective Nida: You keep asking yourself why didn’t she pull the trigger.
Mr. Lozano: Yeah. I sure wish she had. As a matter of fact --
Detective Nida: Did you ever hear it click?
Mr. Lozano: Her gun? No. No. If I had, I wouldn’t be here now.
Detective Nida: I believe it was on safe.
Mr. Lozano: Hers was? Oh, I didn’t know that.
Detective Nida: I don’t think she knew that. I don’t know. That’s why I was wondering if you heard her playing with the trigger or anything.
Mr. Lozano: Nope. I thought she was locked and loaded. She was always locked and loaded.
Detective Nida: So ya jumped in her car and headed for Markleeville?
Mr. Lozano: Mm-hmm.
Detective Nida: Used her ATM card.
Mr. Lozano: Yep.
Detective Nida: Got $50 worth of gas.
Mr. Lozano: Mm-hmm.
Detective Nida: And then headed straight down here.
Mr. Lozano: (Nods head.)
Detective Nida: Any stops in-between?
Mr. Lozano: Nope.
Detective Nida: No?
Mr. Lozano: No. I’ve been here ever since (inaudible) first trip to Idaho. ( I’ve been here ever since, except for a short trip to Idaho.)
Detective Nida: Where’s the clothes that you were wearing that day?
Mr. Lozano: Oh, I don’t know.
Detective Nida: There was a pair of shorts and a t-shirt or something.
Mr. Lozano: Yeah, but I can’t remember which.
Detective Nida: Purple shirt?
Mr. Lozano: Yeah, I think so.
Detective Nida: Is it back at the trailer? (Leslie Berens' trailer.) Did you throw it away?
Mr. Lozano: It should be with my stuff there. Shirt’s there.
Detective Nida: Why did you use her ATM card?
Mr. Lozano: It was my money. I sent her $700 last week.
Detective Nida: You haven’t tried to use her ATM card since.
Mr. Lozano: No.
Detective Nida: How much money did you send her all total? Do you know? Rough estimate.
Mr. Lozano: Something like two grand.
Detective Nida: How much is in her bank account? Do you know?
Mr. Lozano: I have no idea. Might have been more though. I’m not sure. Yeah it was more because I paid -- I paid her phone bill -- two phone bills.
Detective Nida: You paid her phone bill?
Mr. Lozano: Yeah. When she was out there --
Detective Nida: Oh.
Mr. Lozano: -- she ran up a hell of a phone bill. Six-hundred-and-something on her cell phone bill. And then her regular phone was another four hundred. So I sent her that. I sent her odd amounts like two and three and four, five hundred. You know, odd amounts like that.
Detective Nida: Since that day, have you driven her car?
Mr. Lozano: No.
Detective Nida: It’s been parked there the whole time?
Mr. Lozano: Yeah.
Detective Nida: Have you called anyone and told them what happened?
Mr. Lozano: No.
Detective Nida: What about Emmett?
Mr. Lozano: He -- he can be kept out of this, can’t he? I mean, he’s not a -- do I gotta ruin his life?
Detective Nida: No. Sounds like he’s done good for himself.
Mr. Lozano: Yeah.
Detective Nida: Were you using Larry’s computer back at the house a little bit?
Mr. Lozano: No.
Detective Nida: You didn’t use the computer?
Mr. Lozano: No. Yeah, but I couldn’t get on. Oh, I did get on to my E-mail. Yeah. Yeah.
Detective Nida: Were you just checking your email or did you E-mail somebody?
Mr. Lozano: No, was just checking my mail.
Detective Nida: You didn’t E-mail anybody.
Mr. Lozano: Yeah, from Idaho.
Detective Nida: Who did you E-mail from Idaho?
Mr. Lozano: Huh?
Detective Nida: Who?
Mr. Lozano: No, from Idaho.
Detective Nida: Yeah. Who did you email from Idaho?
Mr. Lozano: Oh, my cousin John.
Detective Nida: Where does he live.
Mr. Lozano: Stockton.
Detective Nida: Did you tell him anything?
Mr. Lozano: No. I just told him that my life had just gone to sXXt, you know, I’ll see him when I see him. Maybe in the next life, probably not in this one.
Detective Nida: Where’s your cell phone?
Mr. Lozano: It’s at the house.
Detective Nida: Where at at the house? At the trailer?
Mr. Lozano: Yeah.
Detective Nida: Where at?
Mr. Lozano: It’s in the bedroom with all my stuff.
Detective Nida: Did you have it off?
Mr. Lozano: Took the SIM card out of it.
Detective Nida: How come?
Mr. Lozano: (Inaudible.)
Detective Nida: So we couldn’t track you?
Mr. Lozano: Pretty much. Yeah.
Detective Nida: Is the -- is the SIM card with you or did you toss it out the window?
Mr. Lozano: It’s gone.
Detective Nida: It’s gone. Were you able to retrieve messages from your cell phone if the SIM card’s gone or does it not even work?
Mr. Lozano: It doesn’t even work.
Detective Nida: Okay. Did you think I’d find you down here?
Mr. Lozano: I knew you guys were coming. I just didn’t think it would be until tomorrow.
Detective Nida: Really?
Mr. Lozano: Yeah.
Detective Nida: Why is that?
Mr. Lozano: Because of something Larry said.
Detective Nida: What did he say?
Mr. Lozano: Just the way he left and what he said.
Detective Nida: He didn’t know anything. He didn’t know a word, nothing, when he left.
Mr. Lozano: Really?
Detective Nida: Really.
Mr. Lozano: You guys tack me down through that one computer thing? Because I used his computer?
Detective Nida: Actually, his name came up in the investigation.
Mr. Lozano: Oh, okay.
Detective Nida: So --
Mr. Lozano: I know where that one came from. I’m not mad anymore at anybody. I just really wish it didn’t happen.
Detective Nida: Why did you do the second shot.
Mr. Lozano: So she wouldn’t suffer.
Detective Nida: That’s fair.
Mr. Lozano: I’ve seen people gut shot before. It’s not good.
Detective Nida: Yeah.
Mr. Lozano: I know something about the inside of the human body and that was not a good shot. Very dark blood. Yeah. Very dark. They never get it right in the
movies, do they?
Detective Nida: No, they can’t.
Mr. Lozano: What else you need to know?
Detective Nida: Anything else you want to tell me?
Mr. Lozano: About it. Poor Larry. I should’ve known better, too.
Detective Nida: Yeah. He’s -- he’s a little shaken up not knowing what’s going on. He didn’t know. He didn’t -- he didn’t make any call to us or anything like that.
Hang on a second. I’ll be right back.
Mr. Lozano: Okay.
(Detective Nida leaves the room for a moment and returns.)
Detective Nida: My partner came up with some stuff to ask you.
Was anyone else there?
Mr. Lozano: No.
Detective Nida: No one else was there? No one else saw this?
Mr. Lozano: No.
Detective Nida: Had people just left?
Mr. Lozano: Yeah, but I can’t remember who.
Detective Nida: Did you see --
Mr. Lozano: Somebody came for -- for the pills. And then the pill guy showed up so that got done. And then there was a possible crank deal involved, too. I’m not sure.
Did you see her on her cell phone in the trailer?
Mr. Lozano: I’m not sure. I don’t -- I don’t remember.
Were you guys really yelling at each other or anything?
Mr. Lozano: No.
Detective Nida: Was she on her cell phone?
Mr. Lozano: Yeah. Yeah. She was I think, at one – at one point because I waited for her to get off.
Detective Nida: Was she talking to somebody?
Mr. Lozano: Yeah.
Detective Nida: Oh, she was?
Mr. Lozano: Yeah.
Detective Nida: She was inside the trailer talking to somebody on the cell phone?
Mr. Lozano: Yeah.
Detective Nida: Okay.
Mr. Lozano: So I waited for her to finish her call and I asked her for my stuff.
Detective Nida: Did you call 9-1-1?
Mr. Lozano: No.
Detective Nida: Did you get -- did you think about getting medical help for her?
Mr. Lozano: No.
Detective Nida: After you shot her, did you go back into the house after you left the trailer?
Mr. Lozano: Mm-hmm.
Detective Nida: What did you get from inside the house?
Mr. Lozano: My wallet. My cell phone.
Detective Nida: Okay. Anything else?
Mr. Lozano: Un-huh.
Detective Nida: And then from the house you went to her car?
Mr. Lozano: No, it was already out. I had driven it around.
(I wonder if that was before or after he shot her.)
Detective Nida: Okay. And then you used her ATM card up in Markleeville. Where is her ATM card now?
Mr. Lozano: Threw it away.
Detective Nida: Threw it away. Did you throw it away at Larry’s?
Mr. Lozano: No. I threw it -- I cut it up and threw it in the dumpster.
Detective Nida: Where at?
Mr. Lozano: Here.
Detective Nida: At Larry’s?
Mr. Lozano: Well, the one down at the end.
Detective Nida: At the dumpster at the end. Okay. Anything else in there you threw away?
Mr. Lozano: (Shakes head.)
Detective Nida: When did you do that, the day after you got here?
Mr. Lozano: Mm-hmm.
Detective Nida: How come you did that?
Mr. Lozano: I wasn’t gonna use it again. I didn’t see any need to leave it where somebody else could pick it up and use it.
Detective Nida: How come you didn’t get your stuff out of the trailer?
Mr. Lozano: I just -- I panicked. I gotta go.
Detective Nida: You gotta go, is that what you said?
Mr. Lozano: I had to go. Yeah.
Detective Nida: What was going through your mind then? Was it like holly sXXX?
Mr. Lozano: Holy fXXk. That was just it. My life was fXXXin’ over just that quck. Two lives -- a whole bunch of lives. Petrified.
Detective Nida: Did you take anything else that belonged to her?
Mr. Lozano: Just her wallet. It was already in the car though.
Detective Nida: Okay. Her purse was in the car?
Mr. Lozano: Yeah.
Detective Nida: Did she have a bunch of pills in the purse, too?
Mr. Lozano: No.
Detective Nida: She didn’t?
Mr. Lozano: No.
Detective Nida: What happened to all the pills?
Mr. Lozano: All the what pills?
Detective Nida: That her supply brought her.
Mr. Lozano: The guy that came for the pills got the pills. She said she had 200 of them of something. I don’t know. I guess he took about 200 pills.
Detective Nida: None of them were in her purse?
Mr. Lozano: No. She said that and then somebody showed up for them’
Detective Nida: Did you ever see the pills?
Mr. Lozano: No. I didn’t witness the transaction, no.
Detective Nida: But in others, you have? Did you take a shower or anything in the house?
Mr. Lozano: Before I left?
Detective Nida: Yeah.
Mr. Lozano: Oh, no. I did that morning when I got up.
Detective Nida: That’s reasonable.
Mr. Lozano: Yeah. (Inaudible) I didn’t today, but…
Detective Nida: Sometimes we get those days, too. Did you make sure that she was dead or did you just assume that she was dead?
Mr. Lozano: No, I made sure.
Detective Nida: How did you make sure?
Mr. Lozano: I saw the last breath.
Detective Nida: How soon after the second shot did that take place?
Mr. Lozano: Seconds.
Detective Nida: Was she gargling at breathing?
Can you hear it now?
Mr. Lozano: Yeah.
Detective Nida: You can? It’s just interesting to me. That’s why I ask you those questions. Because, you know, I’ve talked to people in your shoes before, sometimes people don’t (sometimes people do) and sometimes they don’t. But you’re willing to talk to me and I appreciate that. It’s just interesting to me.
Mr. Lozano: It doesn’t stop.
Detective Nida: Did you love her? Ya still love her?
Mr. Lozano: Yeah. That’s why it won’t go away. It just won’t go away. And I never hear anybody talk about that.
Detective Nida: They don’t wanna talk about that part. I mean, you had -- you pretty much drove directly from her house, got the gas, and then down here. No stops in between? So the whole time you were thinking about it.
Mr. Lozano: And it hasn’t stopped. I don’t think it ever will. That’s my penance.
Detective Nida: The first shot, did she drop her gun after the first shot?
Mr. Lozano: Yeah.
Detective Nida: And the second shot. And then where did you put the shotgun, your shotgun?
Mr. Lozano: On the counter cushion.
Detective Nida: How come you left it?
Mr. Lozano: Done with it.
Detective Nida: The shotgun that you used, does that belong to her? Is that hers?
Mr. Lozano: As far as I knew, they were all hers.
Detective Nida: Okay.
Mr. Lozano: I took the one pistol that belongs to her boy.
Detective Nida: How come you grabbed those? How come you grabbed those and didn’t take the shotgun?
Mr. Lozano: I don’t know. I really don’t know. I don’t know.
Detective Nida: Were they locked in that? I mean --
Mr. Lozano: Yeah.
Detective Nida: That silver box, was it locked?
Mr. Lozano: Yeah.
Detective Nida: What’s the combination?
Mr. Lozano: 357.
Detective Nida: And did she make up that combination?
Mr. Lozano: Yeah.
Detective Nida: Okay. Anything else in the trailer that you grabbed?
Mr. Lozano: No. No.
Detective Nida: So let me do a quick summary of what happened so I know I got it straight in my head. You guys got in an argument. She was already in the trailer. You were outside the trailer. She had the shotgun in there with her. At some point during that argument, she pointed a shotgun at you?
Mr. Lozano: Oh, yeah.
Detective Nida: Has she ever -- sidetrack here. Has she ever pointed a gun at you before?
Mr. Lozano: No.
Detective Nida: No?
Mr. Lozano: Not unless (That’s why I knew) she was serious.
Detective Nida: Yeah. That’s true. So she points the gun at you and then you go to the house to get the shotgun.
Mr. Lozano: She just showed me the shotgun.
Detective Nida: Okay. She showed it to you. By showing it to you, what do you mean?
Mr. Lozano: Well, she showed me that she had the shotgun. She wasn’t gonna you know…
Detective Nida: Okay. But she didn’t have it raised at you at that point.
Mr. Lozano: No. Not at that point. No.
Detective Nida: Okay. But did she say anything to you like I’m gonna shoot you? I’m gonna anything? What did she say.
Mr. Lozano: She didn’t say anything. You know. I’m just like, okay. You know, I went back in the house and I thought about it, went to get the other gun and walked back out with it.
(Hmmm, so much for self defense or heat of passion!)
Detective Nida: What was the time difference between you leaving the trailer, hanging out at the house --
Mr. Lozano: maybe three, four minutes.
Detective Nida: Between coming back to the trailer?
Mr. Lozano: Yeah. That’s when I found her on the phone again.
Detective Nida: So yeah. When you came back you found her on the phone?
Mr. Lozano: I was waiting for her to get off.
Detective Nida: And you had the shotgun down to your side. A little more verbal occurred.
Mr. Lozano: Yeah. Same story, I just wanted to get my sXXt out.
Detective Nida: And she just didn’t wanna let you in?
Mr. Lozano: I didn’t want in.
Detective Nida: Yeah. She wouldn’t even just give you your stuff. And at that point, she had the --
Mr. Lozano: That’s when she leveled the gun at my head.
(Duhh! If she saw you go into the house, I’m sure she saw you coming out with Nick’s shotgun. You thought you hid it at the trailer but they’re hard to hide while you’re walking! As Kacie would have said… STOOPID!)
Detective Nida: She leveled it at your head. Because the trailer’s up higher. She’s up a little high. You’re standing on the ground,
Mr. Lozano: Yeah.
Detective Nida: Did you have a foot up on the green chair?
Mr. Lozano: No, just standing.
Detective Nida: So you were standing. And so she raises it up and it’s pretty much level with your head.
Mr. Lozano: Yeah. It was pointing right up here at me. (Indicating.) (Pointing at his forehead.)
Detective Nida: Okay. So you --
Mr. Lozano: I could see the shell practically.
Detective Nida: So you drew yours and fired?
Mr. Lozano: No. I just put it up in the window.
Detective Nida: Okay.
Mr. Lozano: I didn’t say anything. I just -- I looked down the barrel and looked up at her and I thought she was gonna pull the trigger. And she yanked on the shotgun and it went off -- well, my finger was on the trigger. I can’t say –
(So did she yank on it or you just can’t say…)
Detective Nida: You knew it was gonna go off.
Mr. Lozano: No.
Detective Nida: You didn’t know your shotgun was gonna go off?
Mr. Lozano: No.
Detective Nida: How could you not know it was gonna go off?
Mr. Lozano: Well I didn’t know she was gonna yank it. I wasn’t gonna pull the trigger.
Detective Nida: Okay. I’m not understanding that then.
Mr. Lozano: Well, when she yanked --
Detective Nida: She yanked your shotgun or hers?
Mr. Lozano: No, mine. She reached down with her left hand and grabbed mine.
Detective Nida: Okay. So she grabbed the shotgun?
Mr. Lozano: Yeah,
Detective Nida: And that’s when you pulled the trigger?
Mr. Lozano: Yeah. Yeah.
Detective Nida: And it was the gut shot at that point?
Mr. Lozano: Yeah.
Detective Nida: So she reached down and the shotgun you have is through the trailer window. Is it already through?
Mr. Lozano: Yeah.
Detective Nida: So she’s got ahold of it and her gun now is maybe falling down or it’s in her right hand. She’s right-handed?
Mr. Lozano: Mm-hmm.
Detective Nida: Okay. And she’s got ahold of it and that’s when --
Mr. Lozano: Yeah.
Detective Nida: The trigger’s pulled. And then so she -- she’s shot and turns away from you? And you’re still out? And then she walks towards the kitchenette area and the second shot is there while she’s still standing. Okay. Did she say anything to you in between that time?
Mr. Lozano: No.
Detective Nida: How far apart were the shots in time?
Mr. Lozano: Less than 30 seconds.
Detective Nida: And you did shoot from outside the trailer?
Mr. Lozano: Yeah.
Detective Nida: Anything else you can think of that I haven’t asked you?
Mr. Lozano: No.
Detective Nida: Okay. Well, that’s it. I’m gonna get you transported so you can get a little more comfortable. Because I can tell this isn’t a comfortable position for you here. And what’s gonna happen is you’re gonna be booked into this county’s jail and then at some point you’ll be brought back up to El Dorado County. Okay?
Let me go out there and see if there’s anything else.
Do you have any questions for me?
Mr. Lozano: No.
Detective Nida: Nothing? How do you think this went?
Mr. Lozano: Pretty much like I thought it would.
Detective Nida: Really?
Mr. Lozano: Yeah.
Detective Nida: Are you on any medication right now?
Mr. Lozano: No.
Detective Nida: Nothing? And you said you smoked pot at some point. When did that happen?
Mr. Lozano: I don’t really.
Detective Nida: I mean, was that today? Was it yesterday? How recent was that?
Mr. Lozano: Today. Yesterday.
Detective Nida: How long ago today? Not for any criminal purposes, just for the point of the interview.
Mr. Lozano: No. This morning.
Detective Nida: Okay. Are you feeling the effects of that now?
Mr. Lozano: No. No. I didn’t have that much.
Detective Nida: Okay. All right. I can’t think of anything else if you got nothing.
Mr. Lozano: No. I got my penance to do.
Detective Nida: Yeah.
Mr. Lozano: I was thinking -- that day after it happened. I thought I’ve never killed anybody in my life. I didn’t know what that was like. You know, being raised Catholic and I’m not a practicing Catholic.
Detective Nida: Yeah, but once it’s in your head.
Mr. Lozano: It doesn’t go away. So -- sXXXtI thought I could get out of this life without taking somebody else’s, you know? I don’t know how -- how it happened or why pretty much. I mean. I just don’t know. (Inaudible.)
Detective Nida: Were you mad at the time? Did she piss ya off?
Mr. Lozano: I was -- I was just so fXXXin’ disappointed with all of that sXXt. You know. I just wanted my shit and I wanted to get out of there.
Detective Nida: Why did you shave?
Mr. Lozano: Didn’t like the beard anymore.
Detective Nida: New you?
Mr. Lozano: Nah. (Inaudible) without a beard. It was longer than that recently. She wasn’t happy about that, too.
Detective Nida: About it being gone?
Mr. Lozano: Yeah. My hair was long. My hair was down to the middle of my back and my beard was real long. But it was getting dangerous doing what I was doing. She wasn’t happy about that.
Detective Nida: She wasn’t happy that you cut off your hair?
Mr. Lozano: Or my beard.
Detective Nida: And then when did you go clean-shaven?
Mr. Lozano: When I got here. That’s about it. You’re tired.
Detective Nida: Oh, I could talk all day. It’s interesting to me, Mario. They’re calling me again. Hang on a second. I’ll probably be back.
(Detective Nida leaves the room again and returns a short time later.)
Detective Nida: My partner again. He wants me to clarify something. How ya doing? Are you doing all right? As well as can be expected?
Mr. Lozano: Yeah.
Detective Nida: After the first shot.
Mr. Lozano: He can come in here, you know.
Detective Nida: I know. We actually -- we like to just have one-on-one.
After the first shot. How come you didn’t call 9-1-1 at that point? Did you think about that?
Mr. Lozano: No. She was -- no. She wasn’t gonna make it.
Detective Nida: Okay. So between the two shots you think it was about 30 seconds?
Mr. Lozano: Yeah, no more than that.
Detective Nida: So let’s say starting from what point? Tell me when you think the estimate of 30 seconds would have been the second shot. So first shot. (She slaps the table.)
Mr. Lozano: 30 seconds. No more.
Detective Nida: You’re sure it was 30 seconds, not less than 30 seconds?
Mr. Lozano: It might have been less --
Detective Nida: Okay.
Mr. Lozano: But no more than that.
Detective Nida: Okay. It was enough for her to go to the other end of the trailer?
Mr. Lozano: Yeah.
Detective Nida: And her back was to you? She never turned around towards you?
Mr. Lozano: (Shakes head.)
Detective Nida: Okay. Because from the evidence at the scene, it looked like that the rounds hit her from the front rather than the back. And it didn’t?
Mr. Lozano: (Shakes head.)
Detective Nida: Interesting.
Mr. Lozano: Right here (indicating). (Pointing at the back of his head.)
Detective Nida: Actually, right here (indicating). (Pointing at her left temple.) Actually, right here (indicating). (Pointing at her right temple.) Sorry. Right here (indicating). (A little higher than the temple.) More on top.
The vacuum cleaner was knocked over.
Mr. Lozano: I don’t know.
Detective Nida: You don’t know? Did she grab it or anything?
Mr. Lozano: I don’t know about the vacuum cleaner. I never seen the vacuum.
Detective Nida: It was in the doorway.
Mr. Lozano: No. I don’t remember.
Detective Nida: How come you went into the trailer?
Mr. Lozano: Well, I went in to get my bags, but I didn’t.
Detective Nida: Because when you got in the trailer what happened in your mind?
Mr. Lozano: Well, I saw what was happening, what had happened. I said hell, It don’t matter if I got clothes now. Just go.
Detective Nida: How close were you to her when you watched her die?
Mr. Lozano: About four feet, five feet. Maybe five feet.
Detective Nida: Where were you standing?
Mr. Lozano: Between the cushions, right at the end.
Detective Nida: After the second shot, did she immediately fall down?
Mr. Lozano: No.
Detective Nida: Did she fold her knees first?
Mr. Lozano: No.
Detective Nida: Okay. So -- I’m just trying to remember from what I’ve seen so I can match it all up from what I’ve been looking at. Where was she standing at the second shot, It was kinda by where that table was basically. It wasn’t all the way back of the --
Mr. Lozano: No.
Detective Nida: Okay. And then you shot her and the pellet still went in and hit the clock and stuff. Did you hear the glass break by chance?
Mr. Lozano: No, I didn’t.
Detective Nida: Okay.
Mr. Lozano: The air conditioner was on.
Detective Nida: Yeah.
Mr. Lozano: It was pretty loud.
Detective Nida: It was loud? You could hear it?
Mr. Lozano: Yeah. You couldn’t hear anything else.
Detective Nida: Did her phone ring? Did you hear her phone ring?
Mr. Lozano: No.
Detective Nida: How come you didn’t grab her cell phone?
Mr. Lozano: Didn’t need it. Didn’t need money (Didn’t need mine) either.
Detective Nida: Yeah. You got rid of that. How come you kept the cell phone itself?
Mr. Lozano: To get rid of the SIM card.
Detective Nida: Right. But I’m saying why didn’t you just get rid of the whole phone instead of just the SIM card?
Mr. Lozano: I don’t know.
Detective Nida: Okay.
Mr. Lozano: I don’t know. No rhyme or reason to it.
Detective Nida: And you’ve been using phone cards?
Mr. Lozano: Mm-hmm.
Detective Nida: Tell me how you use those.
Mr. Lozano: Just buy the phone card and go to a pay phone.
Detective Nida: Okay. What pay phone did you use?
Mr. Lozano: In Idaho.
Detective Nida: Okay.
Mr. Lozano: (Inaudible.)
Detective Nida: Me neither.
Mr. Lozano: I made one call from the motel room.
Detective Nida: Using the phone card?
Mr. Lozano: Mm-hmm.
Detective Nida: And those are the phone cards that are in the trailer with all your stuff?
Mr. Lozano: Mm-hmm.
Detective Nida: Why did you call Emmett?
Mr. Lozano: Because I know he would have called by then down there and see how I was doing and he’d know. So -- there’s no excusing it. I mean, there’s no -- nothing that makes it right. I just really wish it hadn’t happened, but --
Detective Nida: When you look back at it, what -- when you’ve replayed it in your head all these millions of times, do you think at what point you could have stopped it from happening?
Mr. Lozano: Yeah, staying in Kauai. She was -- when I got back, she was laid up for about a week with her back. (Inaudible) you know. So I had been running to the store for her and that sort of thing. And as soon as that crank showed up, I mean, she was out of that bed like a fXXXin’ shot and I was a piece of sXXt from then on.
Detective Nida: She didn’t wanna have anything to do with you?
Did you get in on the 12th?
Mr. Lozano: Yeah.
Detective Nida: At San Francisco?
Mr. Lozano: Mm-hmm.
Detective Nida: And who brought you to Placerville?
Mr. Lozano: A friend if hers.
Detective Nida: Do you know who that is?
Mr. Lozano: Yeah. Denise. Not Denise, but Danessa.
Detective Nida: Danessa.
Mr. Lozano: Danessa, yeah.
Detective Nida: Okay. Do you have anything to say to Nick?
Mr. Lozano: Oh, God. Ain’t nothing to say. What can I say?
Detective Nida: The dog was in the trailer.
Mr. Lozano: I know.
Detective Nida: This should be about it.
Did you use any of the pills, Any dope, anything while -- since you’ve been here in California?
Mr. Lozano: She gave me a couple Ativans. Because I was so -- I couldn’t sleep very well because, you know, midnight here is 9:00 there. So a couple nights of tossing and turning, she gave me one one night ,one the next. She gave me a couple of pain pills, too.
Detective Nida: What were they? Do you know?
Mr. Lozano: Yeah. Vicodins, I think. But it was -- that was during the first week and there wasn’t anymore after that.
Detective Nida: So besides the pot, there hasn’t been anything else in your system?
Mr. Lozano: No.
Detective Nida: Okay. No meth?
Mr. Lozano: Nope.
Detective Nida: And was there meth going out of that house?
Mr. Lozano: Yeah.
Detective Nida: Do you know who was bringing that over? Same person?
Mr. Lozano: Mm-hmm.
Detective Nida: And then she was selling it?
Mr. Lozano: Or trading it or something. I don’t know. She was working her deals. I really didn’t wanna know.
Detective Nida: How come? How come? Since your past you have a history of using.
Mr. Lozano: Yeah. I know. Yeah.
Detective Nida: So you’ve been clean?
Mr. Lozano: Yeah.
Detective Nida: Okay.
Mr. Lozano: I have Hepatitis C. So pain I’m not gonna use. And I just found out this year over there. And it’s not as aggressive as some of it is, but methamphetamine and alcohol are a sure trip to the hole.
(So I wonder if you bothered to mention that to Kacie… as if she didn’t have enough health problems.)
Detective Nida: Got it. Okay. I didn’t know that.
Mr. Lozano: Any pain. You know, I’ve been having to be very careful while I was working and everything. I had this leg (indicating) (I decided not to bother telling where Mario was complaining about.) swell up while I was out there. In fact, it almost got me killed.
Detective Nida: From the leg swelling up?
Mr. Lozano: Yeah, Because I developed a blood clot down here (indicating).
Detective Nida: Oh.
Mr. Lozano: And the doc had ordered an ultrasound for me and I just -- I didn’t go for, like, 20 days, you know? And then it was just so tight and so hot that I couldn’t work anymore. So I went to the emergency room and they keep me that night and started feeding me Lovenox injections, blood thinners. Because the blood clot had traveled up here (indicating).
Detective Nida: Wow.
Mr. Lozano: And it was just about to go.
Detective Nida: Uh-huh.
Mr. Lozano: Pulmonary embolism. Yeah. Most likely, you know, a stroke maybe or whatever. But that’s why I came back, because the course of Lovenox for one week. And then for one week they gave me enough (inaudible) syringes already prepared abd they told me to pump them in here (indicating).
Detective Nida: Okay.
Mr. Lozano: In the belly fat. And halfway through that, they started me on Coumadim, like 5 milligrams.
Detective Nida: And that’s to reduce the clot?
Mr. Lozano: That just thins the blood out. Yeah. That’s -- generally it’s to dissolve the clot. So I was down -- by the time I got here. I was down to two and a half milligrams a day. They cut me down. So that might still be in there, but that’s about it.
Detective Nida: So for the Hep C, you’re not taking any medications right now? You don’t need to medicate yet?
Mr. Lozano: Yeah. He wanted me to, but it was time to come home.
Detective Nida: Is there anything that you’d like to say to Nick? Do you wanna write him a letter or anything?
Mr. Lozano: I may. Not right now. That’s another piece of penance That I’ll come around to. You know what I mean?
Detective Nida: Mm-hmm. He’s a strong kid.
Mr. Lozano: Yeah.
Detective Nida: All right. Mario, I really appreciate you talking to me. Anything else?
Mr. Lozano: No.
Detective Nida: Anything else that you’re thinking that you wanna talk about?
Mr. Lozano: No.
Detective Nida: That long ride back from Idaho, were you thinking about it?
Mr. Lozano: Yeah. The whole time I was there.
Detective Nida: Were you? All right. We’ll getcha out of here.
You don’t have any injuries on you right now, right?
Mr. Lozano: Nothing.
Detective Nida: Any -- any -- okay. No.
The deputy went out to take you back to Bridgeport. So you’re gonna be hanging here until that deputy comes. All right?
Mr. Lozano: Yeah.
(Detective Nida leaves the room and they stop the video here in court. There is one more small part of the transcription left to record.)
Officer: Okay. Go ahead and stand up and face the wall, sir. Put your other hand on the wall.
Shake this one out. Okay. Walk out this way.
(End of videotaped interview.)
---oOo---
11:14 The video ended.
Gomes states, Lt. Nida says there are about 7 errors but they are insignificant.
Judge Keller asks, any further evidence offered on defense?
Atwell calls Lieutenant Nida to the stand.
Judge Keller interrupts and says; let’s break for 15 minutes.
I asked the Lieutenant if I could get a copy of the interview. She said, no I don’t think so. I asked, maybe after court is over? No, she said, I don’t think it will be made available. Dang it! I thought and left the courtroom. I saw someone in the hall (I’ll keep the name anonymous) with a copy and asked if I could get a copy. No problem, I’m told, they are going to make a copy for Doug and Annie anyway. (Thanks, Jesus!)
11:35 Judge Keller enters.
Jurors enter.
Lieutenant Nida is on the stand.
Atwell asks, you’re a Lieutenant with the Placerville police Department? You were present when the DVD # 81a was recorded? Nida answered, yes.
A Was that the record of your interview? N Yes.
A Was anything dropped? N No.
A Was anything added? N No.
Atwell offers exhibit #81,the sleeve, and #81a, the disc, into evidence.
Atwell enters the transcript into evidence also.
Judge Keller states, the original will be admitted but will not entered into the jury room. A copy will be available if they ask for it.
The copies of the interview are collected.
A …some indications that was observed with what… Mario’s hands. N Yes.
A One hand shackled. N Yes.
A Where? N A bar on the wall.
A Where was Mario’s wallet? N At the trailer, I believe.
A …bank book in it? N I don’t believe so.
A Who is Larry? N Leslie is his true name.
A The defense rests.
Judge Keller asks, rebuttal? Gomes answers, no.
11:20 Judge says, we can’t instruct, let’s come back at 1:15.
The jury leaves.
The Judge says, let’s go over the exhibits and decides with Gomes and Atwell which evidence will be made available for the jurors.
11:50 Break for lunch.
Case # P06CRF0427 (Before Lunch, with transcript.)
This morning I showed up in a black tee with What part of “Thou shalt not” didn’t you understand? .God in white letters on the front. I have a red long sleeve tee underneath for the blood that was shed. Several people who read it appreciated it. Pat, Annie, Doug and Lee are there. Val Pease, a cousin, and Sedina Pease, 2nd cousin, show up. About 7 others I don’t recognize are there also. I wish I got their names to add to Kacie”s supporters list.
9:07 Mario comes in wearing the same suit but is in chains today. Usually they only have him keep his hands in his pockets. Another close neighbor came in, Harry Bannister. The deputies brought in a TV on a stand and we hear that the video was going to be shown to the jury, not us. Gomes and Atwell come in the side door talking and leave out the back door. Gomes comments, we won’t be needing that, pointing at the TV. Carroll Watson comes over and tells us that it was asked about all of Kacie’s supporters moving all the way to the right of the courtroom so we could see. (They keep the first row empty during criminal trials.) They decided to show the video on the large screen so we could see it too.
9:35 Gomes gets the video from Atwell. Atwell had it to compare it with the transcription. Within minutes Gomes and Nida are having difficulty viewing it on their laptop. Atwell comes over and stands at the front of their desk saying; Uh, yeah it played… maybe it’s a CD… maybe it’s in another player somewhere…(About now I’m thinking, what the hell’s going on? Is this Atwell’s defense? Lose the video and bring something else?) Finally they get it to play on the laptop and begin connecting it to the projector.
9:38 Judge Keller peeks in the side door and the bailiff tells him, we’re just getting the technical hooked up.
Finally it’s on the large screen, a small room is shown with a table and three chairs in it. A computer monitor and a telephone are on the table. One chair is by the table and Mario is seated in the center chair, with his back to the camera, cuffed to a bar on the wall.
9:43 Judge Keller enters. The jury enters; each is given a copy of the transcript and are seated. Court proceeds.
Atwell begins by waiving his right for an opening statement.
The Judge says there is a correction needed on the transcript. On page 24, line 2 in regards to Mr. Lozano’s statement: I’ve seen people who got shot. It should read read gut not who got. Would the jurors correct their copies?
The video begins. I’m trying to take notes but it’s so fast at times I can’t keep up.
I decide I’ll ask for a copy of the transcription later and watch the video. Mario is sitting in his chair calmly, occasionally looking at the screen. The jurors are alternately looking at the screen and their transcripts. During the few pauses in the video when Nida is called out of the room, I notice several of the jurors flipping pages of their transcripts reviewing what had been said. In the video, Detective Nida first sat on the right of Mario but moved to his left when she noticed it was hard for Mario to face her with his left hand cuffed to the wall. Whenever it seemed that Mario was lying, he would fidget with his right hand and get a drink of water or bite of pizza the guards gave him. I noticed at one time during the video that Pat was leaning on the chair in front of him just looking at the floor.
I’ll copy the transcript here for the sake of continuity. I will add Lieutenant Nida’s corrections in bold print and my comments in italics.
VIDEOTAPED INTERVIEW OF MARIO LOZANO
CONDUCTED BY DETECTIVE KIM NIDA
Officer 1: When I release your hand. I want you to put it on the wall for me. Okay. Shake that one out. You cool?
All right. Go ahead and turn around. Sit down. You want a piece of pizza or a bottle of water or something?
Mr. Lozano: Yeah.
Officer 1: Both?
Mr. Lozano: Yeah, please.
Officer 2: That’s no problem. Sausage or pepperoni?
Officer 1: Sausage or – what is it?
Officer 2: Sausage or pepperoni.
Officer 1: Sausage or pepperoni.
Mr. Lozano: Pepperoni.
Officer 1: Pepperoni?
Mr. Lozano: Yeah.
Officer 1: Cool.
Mr. Lozano: You want these books of matches I got in my pocket?
Officer 1: I’m Sorry?
Mr. Lozano: You want these books of matches that are in my pocket?
Officer 1: No. You’re good.
Officer 2: Don’t light yourself on fire.
You been a friend of Larry’s for a while?
Mr. Lozano: Long time. Yeah.
Officer 2: Yeah. Me too. Him and his wife Bobbie.
Mr. Lozano: I feel bad about that. I put him in a -- I put him in a --
Officer 2: Well, yeah, you did. You know, because I was telling him -- I said, what would have happened if you got stopped? You had a warrant out for your arrest. And if you’d got stopped on your way to Idaho in the truck, they would have taken him along with you probably. So -- but he understood so that I don’t think that (inaudible)
Officer 1: Another piece?
Mr. Lozano: No, thank you.
Officer 1: Okay.
(This is where Gomes started the video in the courtroom. Officers 1 & 2 left and Mario is in the room alone. Detective Nida enters and takes a seat to the right of Mario.)
Detective Nida: My name is Kim Nida. I am a detective with Placerville Police
Department.
Mr. Lozano: Mm-hmm.
Detective Nida: I feel like I know you already. I’ve been kinda tracking you for about two and a half weeks now.
Mr. Lozano: Yeah.
Detective Nida: Sound about right?
Mr. Lozano: About right, yeah.
Detective Nida: You’re Mario Lozano, correct?
Mr. Lozano: (Nods head.)
Detective Nida: What’s your birthday Mario?
Mr. Lozano: 2/16/48.
Detective Nida: Okay. And your Social Security number?
Mr. Lozano: 5XX-XX-XXX9.
Detective Nida: You have the right to remain silent. Do you understand?
Mr. Lozano: (Nods head.)
Detective Nida: Anything you say may be used against you in court. Do you understand?
Mr. Lozano: (Nods head.)
Detective Nida: If you could verbally answer, that would be –
Mr. Lozano: Oh, yeah. Yeah.
Detective Nida: You have the right to the presence of an attorney before or during any questioning. Do you understand?
Mr. Lozano: Mm-hmm.
Detective Nida: If you cannot afford an attorney, one will be appointed for you free of charge before any questioning. Do you understand?
Mr. Lozano: Yes.
Detective Nida: Having those rights in mind, why don’t you tell me why you think I’m here talking with you today.
Mr. Lozano: I don’t know.
Detective Nida: You don’t know?
Why don’t you start talking to me about Kauai. You were in Kauai for about five months or so before coming back here.
Mr. Lozano: Seven.
Detective Nida: Seven months. Okay. Why don’t you tell me about Kauai.
You can’t turn this way, huh?
Mr. Lozano: No.
Detective Nida: Okay. Let me over here.
(Detective Nida gets up and moves to Mario’s left and sits next to the table since Mario’s left wrist is shackled to the wall.)
Mr. Lozano: What’s to tell.
Detective Nida: What were you doing in Kauai. How’s -- how’s Kauai doing?
Mr. Lozano: I was busting my ass over there.
Detective Nida: Yeah, What were you doing? You’re a hard worker. I know that.
Mr. Lozano: Framing.
Detective Nida: You were framing? You weren’t doing carpet cleaning?
Mr. Lozano: I did it for a little bit and then I got a paying job framing, so, you know.
Detective Nida: Okay. And how was Kauai. Was it good for you over there? Making lots of money?
Mr. Lozano: Yeah. I sent a lot of it back.
Detective Nida: Where did you send it to?
Mr. Lozano: Kacie.
Detective Nida: Kacie who?
Mr. Lozano: Barron.
Detective Nida: Okay. How much did you send back to Kacie?
Mr. Lozano: I don’t know. I don’t know.
Detective Nida: How did you send it back to her?
Mr. Lozano: Usually by money order or wire.
Detective Nida: Okay. How long were you sending it back to her? What time frame?
Mr. Lozano: For about six months. I guess.
Detective Nida: Okay. Tell me more about Kauai. And what led you to come back to California?
Mr. Lozano: Kacie.
(Silent pause… Mario’s looking at the floor, shaking his head.)
Detective Nida: Whatcha thinking?
(Silence again.)
Mr. Lozano: I would not have left Kauai to come back to the crank fXXXing inferno, you know, if somebody had been up front with me to begin with. (Inaudible.)
Detective Nida: What went on there? What did you see there.
Mr. Lozano: In Kauai?
Detective Nida: No, in Placerville. What do you mean crank fXXXing inferno? Okay. Describe that for me.
Mr. Lozano: Every one around you wired except you.
Detective Nida: Really?
Mr. Lozano: Yeah.
Detective Nida: Okay. Who was all in and out? Do you know names?
Mr. Lozano: Oh, just a lot of people.
Detective Nida: Do you know them?
Mr. Lozano: Mm-hmm.
Detective Nida: Okay. Were they friends of yours?
Mr. Lozano: No. They were all friends of hers.
Detective Nida: Okay. Was it being sold. Was it --
Mr. Lozano: Mm-hmm.
Detective Nida: It was being sold out of there?
Mr. Lozano: Mm-hmm.
Detective Nida: Okay. And you watched it all taking place?
Mr. Lozano: Mm-hmm.
Detective Nida: How did that make you feel?
Mr. Lozano: Not very good. I spent my last money to get here thinking that there was money saved here, but there wasn’t.
Detective Nida: How did you find that out?
Mr. Lozano: It just wasn’t there.
Detective Nida: Did she tell you she spent it all? Or did you have access to a mutual bank account? How did you know that it wasn’t there? What happened?
Mr. Lozano: She told me she spent it all.
Detective Nida: What did she spend it on?
Mr. Lozano: I don’t know.
Detective Nida: You have no idea?
Mr. Lozano: No.
Detective Nida: Okay. Was she supposed to be spending it on something for you guys or just saving it?
Mr. Lozano: Yeah.
Detective Nida: Yeah, what?
Mr. Lozano: Well she bought some stuff for the -- for the trailer and all of that. We were supposed to go like next month.
Detective Nida: Where were you supposed to go?
Mr. Lozano: Down to Arizona. But one look at all of that when I got back, I knew that boat wasn’t leaving anytime soon. The trailer got torn apart. We got a huge truck to pull that trailer with. I mean, gas being what it is now -- you know, we were gonna be on a limited income as it was. You don’t go out and buy a 454 dually crew cab--
(Kacie wanted to travel farther than just Arizona. The trailer was “torn apart” for repairs that most men I know wouldn’t attempt. The truck was a gift, or on loan from long time friends for Kacie to use if she fixed it up, licensed and insured it.)
Detective Nida: With gas prices.
Mr. Lozano: -- to pull a 24-foot trailer, you know?
Detective Nida: With gas at 3:30 a gallon.
Mr. Lozano: Four in some places.
Detective Nida: Yeah. It’s ridiculous, isn’t it?
Mr. Lozano: And she found herself a new beau. New crank connection so…
Detective Nida: Who was that?
Mr. Lozano: I don’t know. I know she spent the previous night in a motel room with him in Cameron Park.
Detective Nida: How did -- how did you find that out?
Mr. Lozano: I just did. What you can do with a computer these days, you know?
Detective Nida: That is very true. So the whole time that you were in Kauai, she let you to believe that you guys were gonna be together when you -- when you got back over here?
Mr. Lozano: Yeah.
Detective Nida: And then when you got back over here, you found out that she wasn’t true to her word?
Mr. Lozano: No, she wasn’t.
Detective Nida: Who was this other guy?
Mr. Lozano: I don’t know. He sold her pain pills, too, I think.
(That was probably Mike Thompson, who had a relationship with Kacie years ago. They were still good friends for many years. Mario obviously couldn’t understand having close relationships with exes.)
Detective Nida: What did he drive?
Mr. Lozano: I don’t know.
Detective Nida: Did you see him visit while she was there -- while you were there?
Mr. Lozano: Yeah.
(He visited when I was seeing Kacie. But I didn’t get all bent about it.)
Detective Nida: Okay. What does he look like?
Mr. Lozano: You already know all of that, I’m sure.
Detective Nida: I didn’t realize she had another boyfriend. That didn’t come up.
(Duhh! Didn't come up because there wasn't one.)
Mr. Lozano: Didn’t you know about her crank connection?
Detective Nida: I did.
Mr. Lozano: And her pill -- her pill dude? Okay. FXXXin’ waste (Inaudible)
What a waste.
Detective Nida: Waste of your time running, (Waste of your time and money,) huh?
Mr. Lozano: A waste of everything. I’m a dead man now so it doesn’t matter, you know?
Detective Nida: What do you mean?
Mr. Lozano: She’s got friends in that town that ain’t gonna be too happy about this, probably ain’t already. And they know people on the inside, so, it’s just a matter of time.
Detective Nida: Well, let us know. We’ll keep you from those people. We can keep you separated as much as possible.
(We understand they have been keeping him in the infirmary.)
Mr. Lozano: Oh, it doesn’t matter. One way or the other, I gotta go so…
Detective Nida: We’re all living to die, right?
Mr. Lozano: Well it ain’t gonna go no farther than this, is it?
Detective Nida: What are you gonna tell me? How are you gonna help yourself today?
Mr. Lozano: Help myself do what? Drive to San Quinton to the fXXXing -- to the gas chamber or what? What do ya want me to tell ya?
Detective Nida: What happened? Tell me what happened.
Mr. Lozano: The first one was a fXXXin’ mistake. That was an accident.
Detective Nida: Okay.
Mr. Lozano: She threw down on me with a fXXXin’ 12 gauge.
Detective Nida: That’s what I thought.
Mr. Lozano: Then I stuck the other one in the window and she was looking at me telling me, asking me did I wanna play.
Detective Nida: She said, do you wanna play?
Mr. Lozano: Mm-hmm. And I just looked at her. Looked right at the fXXXin’ shotgun (Inaudible). (barrel)
Detective Nida: Okay. Take me to the beginning of the story. That’s the end, right?
The first shot was an accident?
Mr. Lozano: Mm-hmm.
Detective Nida: The second shot wasn’t?
Mr. Lozano: (Shakes his head.)
Detective Nida: You were leaning in the window on the first shot?
Mr. Lozano: No, I was standing outside.
Detective Nida: Of the door?
Mr. Lozano: Or the window.
Detective Nida: Okay. On the green chair?
Mr. Lozano: Well, in front of it.
Detective Nida: Okay.
Mr. Lozano: Yeah.
Detective Nida: And you were leaning in with the shotgun?
(So how far in the window could he reach with the gun?)
Mr. Lozano: Mm-hmm.
Detective Nida: Okay. And “by accident,” what do you mean by that?
Mr. Lozano: Well, I thought she would pull the trigger first. I was kinda counting on that.
Detective Nida: Mm-hmm.
Mr. Lozano: (Inaudible.)
Detective Nida: I hear she’s a pretty good shot and pretty fast.
Mr. Lozano: Well, she wasn’t this time. I wish she had.
Detective Nida: Okay. So tell me about the second shot.
Mr. Lozano: Kill shot. It (She) was gut shot. It looked to me like it was pretty close to the liver.
Detective Nida: The second shot?
Mr. Lozano: No, the first one.
Detective Nida: The first one was the -- the body shot?
Mr. Lozano: Mm-hmm.
Detective Nida: And the second one was the head shot?
Mr. Lozano: Mm-hmm.
Detective Nida: How far away were ya on both shots?
Mr. Lozano: She was -- she went to yank. She went to yank with this hand.
(indicating). (With his left hand.) She had the shotgun in this hand (indicating). (With his right hand like he had it shouldered.) She went to yank on the barrel with her left and it was pointed up.
(Did anyone catch that he said “she went to yank on the barrel” not that she yanked the barrel?)
Detective Nida: It was up?
Mr. Lozano: Well, it was, you know, about this kind of angle (indicating). (Acting like he’s pointing a shotgun slightly up.)
Detective Nida: Okay. So she’s like this (indicating)? (Like pointing a shotgun slightly down.)
Mr. Lozano: She’s got it pointing right at me.
Detective Nida: And you’re at the window. (With a chair between him and the trailer.) And where is she at?
Mr. Lozano: She’s leaning down out of the window. I mean she’s leaning down
this side.
Detective Nida: She’s on the cushions right there?
Mr. Lozano: She’s standing in between.
(Standing… leaning… which is it, Mario?)
Detective Nida: Okay. So she’s standing in between the cushions and you were at
the window. And where did you get your shotgun from?
Mr. Lozano: Inside the house.
Detective Nida: Okay. And where did she get her shotgun from? Did she have it
in there with her?
Mr. Lozano: Yeah.
Detective Nida: Was there an argument beforehand? You guys get in a --
Mr. Lozano: Yeah. She told me to leave and I said well, let me have my bags.
Detective Nida: Because your bags were in the trailer. So walk me through that. Tell me about the argument.
Mr. Lozano: She just said she wanted me to go. So I just wanted to get my bags and go.
Detective Nida: That’s fair. And she wouldn’t let you get the bags?
Mr. Lozano: (Shakes his head.)
Detective Nida: Was the door locked?
Mr. Lozano: Yeah.
Detective Nida: Did you try to get in through the door?
Mr. Lozano: No. I knew it was locked.
Detective Nida: How did you know it was locked?
Mr. Lozano: Because she was locked in there.
Detective Nida: Why was she locked in there?
Mr. Lozano: She always locks herself in.
Detective Nida: Oh, she does?
Mr. Lozano: Yeah.
Detective Nida: I didn’t know that.
Mr. Lozano: She locks -- she locks everything behind her.
Detective Nida: Okay.
Mr. Lozano: Because of this Dave guy that she was supposed to testify against
this next couple of months or this month. She’s been afraid for the last couple of years.
(Dave Partridge was a previous ex trying to control her. He couldn’t accept that Kacie wanted him to leave. So he stalked and harassed her. He finally came in her back door that was unlocked and caught her in the kitchen. While trying to get her to submit, he twisted her two middle fingers sideways and shattered the bones. He still would stalk and harass her from a distance.)
Detective Nida: So is it normal for her to have a shotgun with her?
Mr. Lozano: She slept with it.
Detective Nida: So when she was outside, she normally had it with her?
Mr. Lozano: Well, one or the other, you know.
(When I was seeing her she rarely had the doors locked or the shotgun outside with her during the day unless she sensed something was up.)
Detective Nida: So you guys get in an argument. From -- she’s inside. You’re
outside. You get in an argument.
Mr. Lozano: I told her that if she wanted me to go, let me have my bags and I’ll
be on my way. I don’t know how I was gonna do that, but…
Detective Nida: You’ve survived before.
Mr. Lozano: Yeah. But I usually get my clothes. And one thing led to another.
Detective Nida: Tell me about the one thing led to another. That’s the part I don’t
understand.
Mr. Lozano: Well, she was in the trailer with this fXXXin’ gun and she’s telling
me to leave, but she won’t give me my bags. All she has to do is throw them out the window.
Detective Nida: Mm-hmm. She’s obstinate.
(Yeah, she could be that at times.)
Mr. Lozano: Yeah. I mean, I had left before. You know, I left for Kauai in
January. And I left when it was really cold. You know, and I get over to Kauai and --
Detective Nida: What do you mean you left when it was really cold? Between you
guys?
Mr. Lozano: Yeah, that and --
Detective Nida: Oh, the temperature. Okay. And you guys worked stuff out while
you were in Kauai. She came and visited you?
Mr. Lozano: Yeah.
(So there’s a chunk of the money you sent her.)
Detective Nida: Okay. You got sick back there or something?
Mr. Lozano: Mm-hmm.
Detective Nida: You got in a fight or something or in an accident?
Mr. Lozano: Yeah. Got in an accident.
Detective Nida: And she came out and kinda took care of you during that time?
Mr. Lozano: No. I mean, it was all over and done with by the time she came out.
Detective Nida: Oh.
Mr. Lozano: This guy I was -- I had been staying with --
Detective Nida: Tim?
Mr. Lozano: Jim?
Detective Nida: Jim.
Mr. Lozano: Yeah. You guys talk to him, too?
Detective Nida: No. I didn’t talk to Jim, but I knew it was your statement. (but I
knew you stayed with him.)
Mr. Lozano: You talk to Sue?
Detective Nida: No.
Mr. Lozano: Oh.
Detective Nida: Is that his wife?
Mr. Lozano: Nah. It don’t matter.
(Who's Sue? Hmmm, Sounds like you were really broken up about Kacie, huh?)
Detective Nida: Okay.
Mr. Lozano: It’s not important. Anyway, he had taken it upon himself to call her and tell her I was in critical condition out there. I didn’t ask him to do that. I was in critical condition. You know, I was -- you know, by the time she -- she took off from her place thinking I was in critical condition, by the time she comes out, I’ve already been -- it’s done and over with for --
Detective Nida: And you’re all better now.
Mr. Lozano: Yeah. Four or five days, you know, since that happened. So anyway, she spent the week there with me and got on the plane and came back here. And then she sold her Cutlass to buy that trailer and discovered it had leaks and was really depressed about it. I mean she was getting more and more depressed. I think it was the 1st of July she had a -- she was in the puff unit on a 24-hour hold.
Detective Nida: Oh, was she?
Mr. Lozano: Suicidal. She had taken more Soma’s than she should have. You do a tox on her?
Detective Nida: Yes.
Mr. Lozano: I figure that. Wanna do one on me? I’m fine with that.
Detective Nida: Do you mind if we do?
Mr. Lozano: Not at all.
Detective Nida: We’ll see. I don’t know.
Mr. Lozano: Marijuana that’s about it.
Detective Nida: It’s practically legal, isn’t it?
Mr. Lozano: Not in here, but --
Detective Nida: No, not in here. Where did you get your shotgun at or the one you used?
Mr. Lozano: In the bedroom.
Detective Nida: At what point did you get that?
Mr. Lozano: When she threw down on me and told me that she wasn’t having any -- any part of it.
Detective Nida: Okay.
Mr. Lozano: And she’d blow my fXXXing head off so…
Detective Nida: So you went to protect yourself?
Mr. Lozano: Yeah, I just went to calm -- you know, okay. Now we’re both even. Now can I have my fXXXng bags? You know what I mean?
Detective Nida: Right.
Mr. Lozano: So it didn’t work out.
Detective Nida: So when you came back to the trailer with the shotgun in your hand, what did you say to her?
Mr. Lozano: I said let me have my bags.
Detective Nida: What did she say to you?
Mr. Lozano: Told me to get the fXXk out of there. I said, “I will as soon as you give me my bags.” Detective Nida: And the whole time that you’re talking with her, where is she at? Is she still standing in between the cushions?
Mr. Lozano: Yeah.
Detective Nida: That little walkway area. And you were just outside the window? Okay.
Mr. Lozano: She didn’t see the shotgun. I was hiding it on my side.
Detective Nida: Down. Are you right handed? Or down.
Mr. Lozano: I put it in the window. Just give me my sXXt. Oh, you wanna play? I didn’t say anything.
Detective Nida: She said you wanna play?
Mr. Lozano: Well I was looking down the barrel of that 12-gauge and then I looked at her. I don’t know why she didn’t pull the trigger because there was nothing but hate in her eyes. I thought for sure she would’ve. I thought she might be kind enough to do that.
(Hate in her eyes? DUHH! Look at where you’ve forced her!)
Detective Nida: Did you wanna die. Is that what you were looking for?
Mr. Lozano: It doesn’t matter. It don’t matter now. Not that I’m -- I don’t plan on hurting anybody else or myself, but it don’t matter now. Life’s over.
Detective Nida: Different chapter.
Mr. Lozano: It’s over. I’ll die in prison.
Detective Nida: You don’t know.
Mr. Lozano: (Inaudible.) (I’ll die in prison. That’s where I’ll die.)
Detective Nida: So you said the first shot was the gut shot?
Mr. Lozano: Um-um.
Detective Nida: Are you sure?
Mr. Lozano: Positive.
Detective Nida: And what did she do after that first shot?
Mr. Lozano: She dropped her gun and grabbed her gut and turned and walked that way. (Indicating.) (He pointed to his right.)
Detective Nida: So she was still walking after the first -- that first one?
Mr. Lozano: She was going down.
Detective Nida: Okay.
Mr. Lozano: She was walking real slow.
Detective Nida: Did she turn and face you again?
Mr. Lozano: No.
Detective Nida: Were you still outside the trailer?
Mr. Lozano: Yeah.
Detective Nida: And she was still standing?
Mr. Lozano: Mm-hmm.
Detective Nida: -- on the second shot?
Mr. Lozano: Mm-hmm.
Detective Nida: Okay. That makes sense.
Mr. Lozano: That’s how it happened.
Detective Nida: I’m just trying to match it up with what I saw inside. Did you want to get caught?
Mr. Lozano: I knew it was just a matter of time. I just wanted to smoke a few more cigarettes.
Detective Nida: I think that’s a song, isn’t it?
Mr. Lozano: I don’t know. Might be.
Detective Nida: You jumped in her car?
Mr. Lozano: Mm-hmm.
Detective Nida: So you dropped your shotgun?
Mr. Lozano: Yeah.
Detective Nida: And you grab a .22 from the house?
Mr. Lozano: No, she had it in the trailer with her.
Detective Nida: Oh, it was in the trailer with her. Okay. So you went into the trailer and grabbed them?
Mr. Lozano: Mm-hmm.
Detective Nida: Did you go through the window?
Mr. Lozano: Yeah.
Detective Nida: Where were they in the trailer?
Mr. Lozano: On the other couch by the other cushion.
Detective Nida: Cushion. And that lockbox was there?
Mr. Lozano: That’s where they were.
Detective Nida: And you climbed out back through the window and jumped in her car and left?
Mr. Lozano: Yeah.
Detective Nida: That’s it? What was going through your head?
Mr. Lozano: All of it. They haven’t stopped.
Detective Nida: I bet.
Mr. Lozano: I haven’t slept much since.
Detective Nida: Yeah.
Mr. Lozano: Nobody ever talks about that.
Detective Nida: You’ve been playing it over and over in your head?
Mr. Lozano: (Inaudible) higher and higher and tighter and tighter.
Detective Nida: You keep asking yourself why didn’t she pull the trigger.
Mr. Lozano: Yeah. I sure wish she had. As a matter of fact --
Detective Nida: Did you ever hear it click?
Mr. Lozano: Her gun? No. No. If I had, I wouldn’t be here now.
Detective Nida: I believe it was on safe.
Mr. Lozano: Hers was? Oh, I didn’t know that.
Detective Nida: I don’t think she knew that. I don’t know. That’s why I was wondering if you heard her playing with the trigger or anything.
Mr. Lozano: Nope. I thought she was locked and loaded. She was always locked and loaded.
Detective Nida: So ya jumped in her car and headed for Markleeville?
Mr. Lozano: Mm-hmm.
Detective Nida: Used her ATM card.
Mr. Lozano: Yep.
Detective Nida: Got $50 worth of gas.
Mr. Lozano: Mm-hmm.
Detective Nida: And then headed straight down here.
Mr. Lozano: (Nods head.)
Detective Nida: Any stops in-between?
Mr. Lozano: Nope.
Detective Nida: No?
Mr. Lozano: No. I’ve been here ever since (inaudible) first trip to Idaho. ( I’ve been here ever since, except for a short trip to Idaho.)
Detective Nida: Where’s the clothes that you were wearing that day?
Mr. Lozano: Oh, I don’t know.
Detective Nida: There was a pair of shorts and a t-shirt or something.
Mr. Lozano: Yeah, but I can’t remember which.
Detective Nida: Purple shirt?
Mr. Lozano: Yeah, I think so.
Detective Nida: Is it back at the trailer? (Leslie Berens' trailer.) Did you throw it away?
Mr. Lozano: It should be with my stuff there. Shirt’s there.
Detective Nida: Why did you use her ATM card?
Mr. Lozano: It was my money. I sent her $700 last week.
Detective Nida: You haven’t tried to use her ATM card since.
Mr. Lozano: No.
Detective Nida: How much money did you send her all total? Do you know? Rough estimate.
Mr. Lozano: Something like two grand.
Detective Nida: How much is in her bank account? Do you know?
Mr. Lozano: I have no idea. Might have been more though. I’m not sure. Yeah it was more because I paid -- I paid her phone bill -- two phone bills.
Detective Nida: You paid her phone bill?
Mr. Lozano: Yeah. When she was out there --
Detective Nida: Oh.
Mr. Lozano: -- she ran up a hell of a phone bill. Six-hundred-and-something on her cell phone bill. And then her regular phone was another four hundred. So I sent her that. I sent her odd amounts like two and three and four, five hundred. You know, odd amounts like that.
Detective Nida: Since that day, have you driven her car?
Mr. Lozano: No.
Detective Nida: It’s been parked there the whole time?
Mr. Lozano: Yeah.
Detective Nida: Have you called anyone and told them what happened?
Mr. Lozano: No.
Detective Nida: What about Emmett?
Mr. Lozano: He -- he can be kept out of this, can’t he? I mean, he’s not a -- do I gotta ruin his life?
Detective Nida: No. Sounds like he’s done good for himself.
Mr. Lozano: Yeah.
Detective Nida: Were you using Larry’s computer back at the house a little bit?
Mr. Lozano: No.
Detective Nida: You didn’t use the computer?
Mr. Lozano: No. Yeah, but I couldn’t get on. Oh, I did get on to my E-mail. Yeah. Yeah.
Detective Nida: Were you just checking your email or did you E-mail somebody?
Mr. Lozano: No, was just checking my mail.
Detective Nida: You didn’t E-mail anybody.
Mr. Lozano: Yeah, from Idaho.
Detective Nida: Who did you E-mail from Idaho?
Mr. Lozano: Huh?
Detective Nida: Who?
Mr. Lozano: No, from Idaho.
Detective Nida: Yeah. Who did you email from Idaho?
Mr. Lozano: Oh, my cousin John.
Detective Nida: Where does he live.
Mr. Lozano: Stockton.
Detective Nida: Did you tell him anything?
Mr. Lozano: No. I just told him that my life had just gone to sXXt, you know, I’ll see him when I see him. Maybe in the next life, probably not in this one.
Detective Nida: Where’s your cell phone?
Mr. Lozano: It’s at the house.
Detective Nida: Where at at the house? At the trailer?
Mr. Lozano: Yeah.
Detective Nida: Where at?
Mr. Lozano: It’s in the bedroom with all my stuff.
Detective Nida: Did you have it off?
Mr. Lozano: Took the SIM card out of it.
Detective Nida: How come?
Mr. Lozano: (Inaudible.)
Detective Nida: So we couldn’t track you?
Mr. Lozano: Pretty much. Yeah.
Detective Nida: Is the -- is the SIM card with you or did you toss it out the window?
Mr. Lozano: It’s gone.
Detective Nida: It’s gone. Were you able to retrieve messages from your cell phone if the SIM card’s gone or does it not even work?
Mr. Lozano: It doesn’t even work.
Detective Nida: Okay. Did you think I’d find you down here?
Mr. Lozano: I knew you guys were coming. I just didn’t think it would be until tomorrow.
Detective Nida: Really?
Mr. Lozano: Yeah.
Detective Nida: Why is that?
Mr. Lozano: Because of something Larry said.
Detective Nida: What did he say?
Mr. Lozano: Just the way he left and what he said.
Detective Nida: He didn’t know anything. He didn’t know a word, nothing, when he left.
Mr. Lozano: Really?
Detective Nida: Really.
Mr. Lozano: You guys tack me down through that one computer thing? Because I used his computer?
Detective Nida: Actually, his name came up in the investigation.
Mr. Lozano: Oh, okay.
Detective Nida: So --
Mr. Lozano: I know where that one came from. I’m not mad anymore at anybody. I just really wish it didn’t happen.
Detective Nida: Why did you do the second shot.
Mr. Lozano: So she wouldn’t suffer.
Detective Nida: That’s fair.
Mr. Lozano: I’ve seen people gut shot before. It’s not good.
Detective Nida: Yeah.
Mr. Lozano: I know something about the inside of the human body and that was not a good shot. Very dark blood. Yeah. Very dark. They never get it right in the
movies, do they?
Detective Nida: No, they can’t.
Mr. Lozano: What else you need to know?
Detective Nida: Anything else you want to tell me?
Mr. Lozano: About it. Poor Larry. I should’ve known better, too.
Detective Nida: Yeah. He’s -- he’s a little shaken up not knowing what’s going on. He didn’t know. He didn’t -- he didn’t make any call to us or anything like that.
Hang on a second. I’ll be right back.
Mr. Lozano: Okay.
(Detective Nida leaves the room for a moment and returns.)
Detective Nida: My partner came up with some stuff to ask you.
Was anyone else there?
Mr. Lozano: No.
Detective Nida: No one else was there? No one else saw this?
Mr. Lozano: No.
Detective Nida: Had people just left?
Mr. Lozano: Yeah, but I can’t remember who.
Detective Nida: Did you see --
Mr. Lozano: Somebody came for -- for the pills. And then the pill guy showed up so that got done. And then there was a possible crank deal involved, too. I’m not sure.
Did you see her on her cell phone in the trailer?
Mr. Lozano: I’m not sure. I don’t -- I don’t remember.
Were you guys really yelling at each other or anything?
Mr. Lozano: No.
Detective Nida: Was she on her cell phone?
Mr. Lozano: Yeah. Yeah. She was I think, at one – at one point because I waited for her to get off.
Detective Nida: Was she talking to somebody?
Mr. Lozano: Yeah.
Detective Nida: Oh, she was?
Mr. Lozano: Yeah.
Detective Nida: She was inside the trailer talking to somebody on the cell phone?
Mr. Lozano: Yeah.
Detective Nida: Okay.
Mr. Lozano: So I waited for her to finish her call and I asked her for my stuff.
Detective Nida: Did you call 9-1-1?
Mr. Lozano: No.
Detective Nida: Did you get -- did you think about getting medical help for her?
Mr. Lozano: No.
Detective Nida: After you shot her, did you go back into the house after you left the trailer?
Mr. Lozano: Mm-hmm.
Detective Nida: What did you get from inside the house?
Mr. Lozano: My wallet. My cell phone.
Detective Nida: Okay. Anything else?
Mr. Lozano: Un-huh.
Detective Nida: And then from the house you went to her car?
Mr. Lozano: No, it was already out. I had driven it around.
(I wonder if that was before or after he shot her.)
Detective Nida: Okay. And then you used her ATM card up in Markleeville. Where is her ATM card now?
Mr. Lozano: Threw it away.
Detective Nida: Threw it away. Did you throw it away at Larry’s?
Mr. Lozano: No. I threw it -- I cut it up and threw it in the dumpster.
Detective Nida: Where at?
Mr. Lozano: Here.
Detective Nida: At Larry’s?
Mr. Lozano: Well, the one down at the end.
Detective Nida: At the dumpster at the end. Okay. Anything else in there you threw away?
Mr. Lozano: (Shakes head.)
Detective Nida: When did you do that, the day after you got here?
Mr. Lozano: Mm-hmm.
Detective Nida: How come you did that?
Mr. Lozano: I wasn’t gonna use it again. I didn’t see any need to leave it where somebody else could pick it up and use it.
Detective Nida: How come you didn’t get your stuff out of the trailer?
Mr. Lozano: I just -- I panicked. I gotta go.
Detective Nida: You gotta go, is that what you said?
Mr. Lozano: I had to go. Yeah.
Detective Nida: What was going through your mind then? Was it like holly sXXX?
Mr. Lozano: Holy fXXk. That was just it. My life was fXXXin’ over just that quck. Two lives -- a whole bunch of lives. Petrified.
Detective Nida: Did you take anything else that belonged to her?
Mr. Lozano: Just her wallet. It was already in the car though.
Detective Nida: Okay. Her purse was in the car?
Mr. Lozano: Yeah.
Detective Nida: Did she have a bunch of pills in the purse, too?
Mr. Lozano: No.
Detective Nida: She didn’t?
Mr. Lozano: No.
Detective Nida: What happened to all the pills?
Mr. Lozano: All the what pills?
Detective Nida: That her supply brought her.
Mr. Lozano: The guy that came for the pills got the pills. She said she had 200 of them of something. I don’t know. I guess he took about 200 pills.
Detective Nida: None of them were in her purse?
Mr. Lozano: No. She said that and then somebody showed up for them’
Detective Nida: Did you ever see the pills?
Mr. Lozano: No. I didn’t witness the transaction, no.
Detective Nida: But in others, you have? Did you take a shower or anything in the house?
Mr. Lozano: Before I left?
Detective Nida: Yeah.
Mr. Lozano: Oh, no. I did that morning when I got up.
Detective Nida: That’s reasonable.
Mr. Lozano: Yeah. (Inaudible) I didn’t today, but…
Detective Nida: Sometimes we get those days, too. Did you make sure that she was dead or did you just assume that she was dead?
Mr. Lozano: No, I made sure.
Detective Nida: How did you make sure?
Mr. Lozano: I saw the last breath.
Detective Nida: How soon after the second shot did that take place?
Mr. Lozano: Seconds.
Detective Nida: Was she gargling at breathing?
Can you hear it now?
Mr. Lozano: Yeah.
Detective Nida: You can? It’s just interesting to me. That’s why I ask you those questions. Because, you know, I’ve talked to people in your shoes before, sometimes people don’t (sometimes people do) and sometimes they don’t. But you’re willing to talk to me and I appreciate that. It’s just interesting to me.
Mr. Lozano: It doesn’t stop.
Detective Nida: Did you love her? Ya still love her?
Mr. Lozano: Yeah. That’s why it won’t go away. It just won’t go away. And I never hear anybody talk about that.
Detective Nida: They don’t wanna talk about that part. I mean, you had -- you pretty much drove directly from her house, got the gas, and then down here. No stops in between? So the whole time you were thinking about it.
Mr. Lozano: And it hasn’t stopped. I don’t think it ever will. That’s my penance.
Detective Nida: The first shot, did she drop her gun after the first shot?
Mr. Lozano: Yeah.
Detective Nida: And the second shot. And then where did you put the shotgun, your shotgun?
Mr. Lozano: On the counter cushion.
Detective Nida: How come you left it?
Mr. Lozano: Done with it.
Detective Nida: The shotgun that you used, does that belong to her? Is that hers?
Mr. Lozano: As far as I knew, they were all hers.
Detective Nida: Okay.
Mr. Lozano: I took the one pistol that belongs to her boy.
Detective Nida: How come you grabbed those? How come you grabbed those and didn’t take the shotgun?
Mr. Lozano: I don’t know. I really don’t know. I don’t know.
Detective Nida: Were they locked in that? I mean --
Mr. Lozano: Yeah.
Detective Nida: That silver box, was it locked?
Mr. Lozano: Yeah.
Detective Nida: What’s the combination?
Mr. Lozano: 357.
Detective Nida: And did she make up that combination?
Mr. Lozano: Yeah.
Detective Nida: Okay. Anything else in the trailer that you grabbed?
Mr. Lozano: No. No.
Detective Nida: So let me do a quick summary of what happened so I know I got it straight in my head. You guys got in an argument. She was already in the trailer. You were outside the trailer. She had the shotgun in there with her. At some point during that argument, she pointed a shotgun at you?
Mr. Lozano: Oh, yeah.
Detective Nida: Has she ever -- sidetrack here. Has she ever pointed a gun at you before?
Mr. Lozano: No.
Detective Nida: No?
Mr. Lozano: Not unless (That’s why I knew) she was serious.
Detective Nida: Yeah. That’s true. So she points the gun at you and then you go to the house to get the shotgun.
Mr. Lozano: She just showed me the shotgun.
Detective Nida: Okay. She showed it to you. By showing it to you, what do you mean?
Mr. Lozano: Well, she showed me that she had the shotgun. She wasn’t gonna you know…
Detective Nida: Okay. But she didn’t have it raised at you at that point.
Mr. Lozano: No. Not at that point. No.
Detective Nida: Okay. But did she say anything to you like I’m gonna shoot you? I’m gonna anything? What did she say.
Mr. Lozano: She didn’t say anything. You know. I’m just like, okay. You know, I went back in the house and I thought about it, went to get the other gun and walked back out with it.
(Hmmm, so much for self defense or heat of passion!)
Detective Nida: What was the time difference between you leaving the trailer, hanging out at the house --
Mr. Lozano: maybe three, four minutes.
Detective Nida: Between coming back to the trailer?
Mr. Lozano: Yeah. That’s when I found her on the phone again.
Detective Nida: So yeah. When you came back you found her on the phone?
Mr. Lozano: I was waiting for her to get off.
Detective Nida: And you had the shotgun down to your side. A little more verbal occurred.
Mr. Lozano: Yeah. Same story, I just wanted to get my sXXt out.
Detective Nida: And she just didn’t wanna let you in?
Mr. Lozano: I didn’t want in.
Detective Nida: Yeah. She wouldn’t even just give you your stuff. And at that point, she had the --
Mr. Lozano: That’s when she leveled the gun at my head.
(Duhh! If she saw you go into the house, I’m sure she saw you coming out with Nick’s shotgun. You thought you hid it at the trailer but they’re hard to hide while you’re walking! As Kacie would have said… STOOPID!)
Detective Nida: She leveled it at your head. Because the trailer’s up higher. She’s up a little high. You’re standing on the ground,
Mr. Lozano: Yeah.
Detective Nida: Did you have a foot up on the green chair?
Mr. Lozano: No, just standing.
Detective Nida: So you were standing. And so she raises it up and it’s pretty much level with your head.
Mr. Lozano: Yeah. It was pointing right up here at me. (Indicating.) (Pointing at his forehead.)
Detective Nida: Okay. So you --
Mr. Lozano: I could see the shell practically.
Detective Nida: So you drew yours and fired?
Mr. Lozano: No. I just put it up in the window.
Detective Nida: Okay.
Mr. Lozano: I didn’t say anything. I just -- I looked down the barrel and looked up at her and I thought she was gonna pull the trigger. And she yanked on the shotgun and it went off -- well, my finger was on the trigger. I can’t say –
(So did she yank on it or you just can’t say…)
Detective Nida: You knew it was gonna go off.
Mr. Lozano: No.
Detective Nida: You didn’t know your shotgun was gonna go off?
Mr. Lozano: No.
Detective Nida: How could you not know it was gonna go off?
Mr. Lozano: Well I didn’t know she was gonna yank it. I wasn’t gonna pull the trigger.
Detective Nida: Okay. I’m not understanding that then.
Mr. Lozano: Well, when she yanked --
Detective Nida: She yanked your shotgun or hers?
Mr. Lozano: No, mine. She reached down with her left hand and grabbed mine.
Detective Nida: Okay. So she grabbed the shotgun?
Mr. Lozano: Yeah,
Detective Nida: And that’s when you pulled the trigger?
Mr. Lozano: Yeah. Yeah.
Detective Nida: And it was the gut shot at that point?
Mr. Lozano: Yeah.
Detective Nida: So she reached down and the shotgun you have is through the trailer window. Is it already through?
Mr. Lozano: Yeah.
Detective Nida: So she’s got ahold of it and her gun now is maybe falling down or it’s in her right hand. She’s right-handed?
Mr. Lozano: Mm-hmm.
Detective Nida: Okay. And she’s got ahold of it and that’s when --
Mr. Lozano: Yeah.
Detective Nida: The trigger’s pulled. And then so she -- she’s shot and turns away from you? And you’re still out? And then she walks towards the kitchenette area and the second shot is there while she’s still standing. Okay. Did she say anything to you in between that time?
Mr. Lozano: No.
Detective Nida: How far apart were the shots in time?
Mr. Lozano: Less than 30 seconds.
Detective Nida: And you did shoot from outside the trailer?
Mr. Lozano: Yeah.
Detective Nida: Anything else you can think of that I haven’t asked you?
Mr. Lozano: No.
Detective Nida: Okay. Well, that’s it. I’m gonna get you transported so you can get a little more comfortable. Because I can tell this isn’t a comfortable position for you here. And what’s gonna happen is you’re gonna be booked into this county’s jail and then at some point you’ll be brought back up to El Dorado County. Okay?
Let me go out there and see if there’s anything else.
Do you have any questions for me?
Mr. Lozano: No.
Detective Nida: Nothing? How do you think this went?
Mr. Lozano: Pretty much like I thought it would.
Detective Nida: Really?
Mr. Lozano: Yeah.
Detective Nida: Are you on any medication right now?
Mr. Lozano: No.
Detective Nida: Nothing? And you said you smoked pot at some point. When did that happen?
Mr. Lozano: I don’t really.
Detective Nida: I mean, was that today? Was it yesterday? How recent was that?
Mr. Lozano: Today. Yesterday.
Detective Nida: How long ago today? Not for any criminal purposes, just for the point of the interview.
Mr. Lozano: No. This morning.
Detective Nida: Okay. Are you feeling the effects of that now?
Mr. Lozano: No. No. I didn’t have that much.
Detective Nida: Okay. All right. I can’t think of anything else if you got nothing.
Mr. Lozano: No. I got my penance to do.
Detective Nida: Yeah.
Mr. Lozano: I was thinking -- that day after it happened. I thought I’ve never killed anybody in my life. I didn’t know what that was like. You know, being raised Catholic and I’m not a practicing Catholic.
Detective Nida: Yeah, but once it’s in your head.
Mr. Lozano: It doesn’t go away. So -- sXXXtI thought I could get out of this life without taking somebody else’s, you know? I don’t know how -- how it happened or why pretty much. I mean. I just don’t know. (Inaudible.)
Detective Nida: Were you mad at the time? Did she piss ya off?
Mr. Lozano: I was -- I was just so fXXXin’ disappointed with all of that sXXt. You know. I just wanted my shit and I wanted to get out of there.
Detective Nida: Why did you shave?
Mr. Lozano: Didn’t like the beard anymore.
Detective Nida: New you?
Mr. Lozano: Nah. (Inaudible) without a beard. It was longer than that recently. She wasn’t happy about that, too.
Detective Nida: About it being gone?
Mr. Lozano: Yeah. My hair was long. My hair was down to the middle of my back and my beard was real long. But it was getting dangerous doing what I was doing. She wasn’t happy about that.
Detective Nida: She wasn’t happy that you cut off your hair?
Mr. Lozano: Or my beard.
Detective Nida: And then when did you go clean-shaven?
Mr. Lozano: When I got here. That’s about it. You’re tired.
Detective Nida: Oh, I could talk all day. It’s interesting to me, Mario. They’re calling me again. Hang on a second. I’ll probably be back.
(Detective Nida leaves the room again and returns a short time later.)
Detective Nida: My partner again. He wants me to clarify something. How ya doing? Are you doing all right? As well as can be expected?
Mr. Lozano: Yeah.
Detective Nida: After the first shot.
Mr. Lozano: He can come in here, you know.
Detective Nida: I know. We actually -- we like to just have one-on-one.
After the first shot. How come you didn’t call 9-1-1 at that point? Did you think about that?
Mr. Lozano: No. She was -- no. She wasn’t gonna make it.
Detective Nida: Okay. So between the two shots you think it was about 30 seconds?
Mr. Lozano: Yeah, no more than that.
Detective Nida: So let’s say starting from what point? Tell me when you think the estimate of 30 seconds would have been the second shot. So first shot. (She slaps the table.)
Mr. Lozano: 30 seconds. No more.
Detective Nida: You’re sure it was 30 seconds, not less than 30 seconds?
Mr. Lozano: It might have been less --
Detective Nida: Okay.
Mr. Lozano: But no more than that.
Detective Nida: Okay. It was enough for her to go to the other end of the trailer?
Mr. Lozano: Yeah.
Detective Nida: And her back was to you? She never turned around towards you?
Mr. Lozano: (Shakes head.)
Detective Nida: Okay. Because from the evidence at the scene, it looked like that the rounds hit her from the front rather than the back. And it didn’t?
Mr. Lozano: (Shakes head.)
Detective Nida: Interesting.
Mr. Lozano: Right here (indicating). (Pointing at the back of his head.)
Detective Nida: Actually, right here (indicating). (Pointing at her left temple.) Actually, right here (indicating). (Pointing at her right temple.) Sorry. Right here (indicating). (A little higher than the temple.) More on top.
The vacuum cleaner was knocked over.
Mr. Lozano: I don’t know.
Detective Nida: You don’t know? Did she grab it or anything?
Mr. Lozano: I don’t know about the vacuum cleaner. I never seen the vacuum.
Detective Nida: It was in the doorway.
Mr. Lozano: No. I don’t remember.
Detective Nida: How come you went into the trailer?
Mr. Lozano: Well, I went in to get my bags, but I didn’t.
Detective Nida: Because when you got in the trailer what happened in your mind?
Mr. Lozano: Well, I saw what was happening, what had happened. I said hell, It don’t matter if I got clothes now. Just go.
Detective Nida: How close were you to her when you watched her die?
Mr. Lozano: About four feet, five feet. Maybe five feet.
Detective Nida: Where were you standing?
Mr. Lozano: Between the cushions, right at the end.
Detective Nida: After the second shot, did she immediately fall down?
Mr. Lozano: No.
Detective Nida: Did she fold her knees first?
Mr. Lozano: No.
Detective Nida: Okay. So -- I’m just trying to remember from what I’ve seen so I can match it all up from what I’ve been looking at. Where was she standing at the second shot, It was kinda by where that table was basically. It wasn’t all the way back of the --
Mr. Lozano: No.
Detective Nida: Okay. And then you shot her and the pellet still went in and hit the clock and stuff. Did you hear the glass break by chance?
Mr. Lozano: No, I didn’t.
Detective Nida: Okay.
Mr. Lozano: The air conditioner was on.
Detective Nida: Yeah.
Mr. Lozano: It was pretty loud.
Detective Nida: It was loud? You could hear it?
Mr. Lozano: Yeah. You couldn’t hear anything else.
Detective Nida: Did her phone ring? Did you hear her phone ring?
Mr. Lozano: No.
Detective Nida: How come you didn’t grab her cell phone?
Mr. Lozano: Didn’t need it. Didn’t need money (Didn’t need mine) either.
Detective Nida: Yeah. You got rid of that. How come you kept the cell phone itself?
Mr. Lozano: To get rid of the SIM card.
Detective Nida: Right. But I’m saying why didn’t you just get rid of the whole phone instead of just the SIM card?
Mr. Lozano: I don’t know.
Detective Nida: Okay.
Mr. Lozano: I don’t know. No rhyme or reason to it.
Detective Nida: And you’ve been using phone cards?
Mr. Lozano: Mm-hmm.
Detective Nida: Tell me how you use those.
Mr. Lozano: Just buy the phone card and go to a pay phone.
Detective Nida: Okay. What pay phone did you use?
Mr. Lozano: In Idaho.
Detective Nida: Okay.
Mr. Lozano: (Inaudible.)
Detective Nida: Me neither.
Mr. Lozano: I made one call from the motel room.
Detective Nida: Using the phone card?
Mr. Lozano: Mm-hmm.
Detective Nida: And those are the phone cards that are in the trailer with all your stuff?
Mr. Lozano: Mm-hmm.
Detective Nida: Why did you call Emmett?
Mr. Lozano: Because I know he would have called by then down there and see how I was doing and he’d know. So -- there’s no excusing it. I mean, there’s no -- nothing that makes it right. I just really wish it hadn’t happened, but --
Detective Nida: When you look back at it, what -- when you’ve replayed it in your head all these millions of times, do you think at what point you could have stopped it from happening?
Mr. Lozano: Yeah, staying in Kauai. She was -- when I got back, she was laid up for about a week with her back. (Inaudible) you know. So I had been running to the store for her and that sort of thing. And as soon as that crank showed up, I mean, she was out of that bed like a fXXXin’ shot and I was a piece of sXXt from then on.
Detective Nida: She didn’t wanna have anything to do with you?
Did you get in on the 12th?
Mr. Lozano: Yeah.
Detective Nida: At San Francisco?
Mr. Lozano: Mm-hmm.
Detective Nida: And who brought you to Placerville?
Mr. Lozano: A friend if hers.
Detective Nida: Do you know who that is?
Mr. Lozano: Yeah. Denise. Not Denise, but Danessa.
Detective Nida: Danessa.
Mr. Lozano: Danessa, yeah.
Detective Nida: Okay. Do you have anything to say to Nick?
Mr. Lozano: Oh, God. Ain’t nothing to say. What can I say?
Detective Nida: The dog was in the trailer.
Mr. Lozano: I know.
Detective Nida: This should be about it.
Did you use any of the pills, Any dope, anything while -- since you’ve been here in California?
Mr. Lozano: She gave me a couple Ativans. Because I was so -- I couldn’t sleep very well because, you know, midnight here is 9:00 there. So a couple nights of tossing and turning, she gave me one one night ,one the next. She gave me a couple of pain pills, too.
Detective Nida: What were they? Do you know?
Mr. Lozano: Yeah. Vicodins, I think. But it was -- that was during the first week and there wasn’t anymore after that.
Detective Nida: So besides the pot, there hasn’t been anything else in your system?
Mr. Lozano: No.
Detective Nida: Okay. No meth?
Mr. Lozano: Nope.
Detective Nida: And was there meth going out of that house?
Mr. Lozano: Yeah.
Detective Nida: Do you know who was bringing that over? Same person?
Mr. Lozano: Mm-hmm.
Detective Nida: And then she was selling it?
Mr. Lozano: Or trading it or something. I don’t know. She was working her deals. I really didn’t wanna know.
Detective Nida: How come? How come? Since your past you have a history of using.
Mr. Lozano: Yeah. I know. Yeah.
Detective Nida: So you’ve been clean?
Mr. Lozano: Yeah.
Detective Nida: Okay.
Mr. Lozano: I have Hepatitis C. So pain I’m not gonna use. And I just found out this year over there. And it’s not as aggressive as some of it is, but methamphetamine and alcohol are a sure trip to the hole.
(So I wonder if you bothered to mention that to Kacie… as if she didn’t have enough health problems.)
Detective Nida: Got it. Okay. I didn’t know that.
Mr. Lozano: Any pain. You know, I’ve been having to be very careful while I was working and everything. I had this leg (indicating) (I decided not to bother telling where Mario was complaining about.) swell up while I was out there. In fact, it almost got me killed.
Detective Nida: From the leg swelling up?
Mr. Lozano: Yeah, Because I developed a blood clot down here (indicating).
Detective Nida: Oh.
Mr. Lozano: And the doc had ordered an ultrasound for me and I just -- I didn’t go for, like, 20 days, you know? And then it was just so tight and so hot that I couldn’t work anymore. So I went to the emergency room and they keep me that night and started feeding me Lovenox injections, blood thinners. Because the blood clot had traveled up here (indicating).
Detective Nida: Wow.
Mr. Lozano: And it was just about to go.
Detective Nida: Uh-huh.
Mr. Lozano: Pulmonary embolism. Yeah. Most likely, you know, a stroke maybe or whatever. But that’s why I came back, because the course of Lovenox for one week. And then for one week they gave me enough (inaudible) syringes already prepared abd they told me to pump them in here (indicating).
Detective Nida: Okay.
Mr. Lozano: In the belly fat. And halfway through that, they started me on Coumadim, like 5 milligrams.
Detective Nida: And that’s to reduce the clot?
Mr. Lozano: That just thins the blood out. Yeah. That’s -- generally it’s to dissolve the clot. So I was down -- by the time I got here. I was down to two and a half milligrams a day. They cut me down. So that might still be in there, but that’s about it.
Detective Nida: So for the Hep C, you’re not taking any medications right now? You don’t need to medicate yet?
Mr. Lozano: Yeah. He wanted me to, but it was time to come home.
Detective Nida: Is there anything that you’d like to say to Nick? Do you wanna write him a letter or anything?
Mr. Lozano: I may. Not right now. That’s another piece of penance That I’ll come around to. You know what I mean?
Detective Nida: Mm-hmm. He’s a strong kid.
Mr. Lozano: Yeah.
Detective Nida: All right. Mario, I really appreciate you talking to me. Anything else?
Mr. Lozano: No.
Detective Nida: Anything else that you’re thinking that you wanna talk about?
Mr. Lozano: No.
Detective Nida: That long ride back from Idaho, were you thinking about it?
Mr. Lozano: Yeah. The whole time I was there.
Detective Nida: Were you? All right. We’ll getcha out of here.
You don’t have any injuries on you right now, right?
Mr. Lozano: Nothing.
Detective Nida: Any -- any -- okay. No.
The deputy went out to take you back to Bridgeport. So you’re gonna be hanging here until that deputy comes. All right?
Mr. Lozano: Yeah.
(Detective Nida leaves the room and they stop the video here in court. There is one more small part of the transcription left to record.)
Officer: Okay. Go ahead and stand up and face the wall, sir. Put your other hand on the wall.
Shake this one out. Okay. Walk out this way.
(End of videotaped interview.)
---oOo---
11:14 The video ended.
Gomes states, Lt. Nida says there are about 7 errors but they are insignificant.
Judge Keller asks, any further evidence offered on defense?
Atwell calls Lieutenant Nida to the stand.
Judge Keller interrupts and says; let’s break for 15 minutes.
I asked the Lieutenant if I could get a copy of the interview. She said, no I don’t think so. I asked, maybe after court is over? No, she said, I don’t think it will be made available. Dang it! I thought and left the courtroom. I saw someone in the hall (I’ll keep the name anonymous) with a copy and asked if I could get a copy. No problem, I’m told, they are going to make a copy for Doug and Annie anyway. (Thanks, Jesus!)
11:35 Judge Keller enters.
Jurors enter.
Lieutenant Nida is on the stand.
Atwell asks, you’re a Lieutenant with the Placerville police Department? You were present when the DVD # 81a was recorded? Nida answered, yes.
A Was that the record of your interview? N Yes.
A Was anything dropped? N No.
A Was anything added? N No.
Atwell offers exhibit #81,the sleeve, and #81a, the disc, into evidence.
Atwell enters the transcript into evidence also.
Judge Keller states, the original will be admitted but will not entered into the jury room. A copy will be available if they ask for it.
The copies of the interview are collected.
A …some indications that was observed with what… Mario’s hands. N Yes.
A One hand shackled. N Yes.
A Where? N A bar on the wall.
A Where was Mario’s wallet? N At the trailer, I believe.
A …bank book in it? N I don’t believe so.
A Who is Larry? N Leslie is his true name.
A The defense rests.
Judge Keller asks, rebuttal? Gomes answers, no.
11:20 Judge says, we can’t instruct, let’s come back at 1:15.
The jury leaves.
The Judge says, let’s go over the exhibits and decides with Gomes and Atwell which evidence will be made available for the jurors.
11:50 Break for lunch.
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