John Chiv: Jurors being individually polled after only a few hours of deliberation in molestation trial

Jun 15, 2023

Jurors being individually polled after only a few hours of deliberation in molestation trial

Jury started deliberations in alleged molestor Sergio Reynoso Lozano's case around 2 p.m. on 6/14. They requested readback from portions of testimony from Jane Doe 1 and 2. There were two notes yesterday. By the end of today, there were 11 notes in total.

On 6/15, there was a note from the jury around 9:40 a.m. Attorneys and interpreters walked in by 9:45. Around 9:50, I saw one of the female jurors walk into the courtroom. Then at 9:57, another male juror walked into the courtroom. All the other jurors are in the hallway. At 10:04, a third juror walked in the courtroom. Looks like they are being individually polled. After the third juror left the courtroom, the bailiff took all the jurors in the deliberation room. 10:20 The attorneys just left the courtroom.

On 6/13, People's motion to amend Count 4 was granted on 6/13. Other counts were also amended. The charges have not been updated in e court and so if a verdict comes in charges will be different Defense motion PC 1118.1 was denied on 6/13 by Judge Kaleb Cockrum.

According to Martens Law Firm, "Under Penal Code 1118.1 the defense counsel will make a motion for judgement of acquittal. The Court will consider the motion and will grant it if the prosecution has failed to substantiate any element of the charged."

2:25 Deputy District Attorney Whitney Timm heads to Courtroom 2. No court clerk, Lozano or Deputy Public Defender David Celli. Judge Kaleb Cockrum tells me, for now, courtroom is closed. 2:35 Mr. Celli arrives. Courtroom opened and Judge Cockrum read note #7 from the jurors. "We request readback of Jane Doe 2's testimony about forcibly removing his hand." 2:54: Attorneys called back. Note from jurors, "We request readback of Jane Doe 1's testimony about touching buttocks" and "If jury is split on a count, what is the procedure?. Sounds like they are close to a verdict. 3:55 another form. Jurors are filling out verdicts. Foreperson said the wrong verdict was recorded for Count 8 and requested 4:05 update: Verdict forms being filled out. 4:16: Lozano brought to court and interpreters just got here at 4:18. Jury has a verdict on all counts but a split on Count 8. Judge Cockrum brought in all jurors and individually questioned them. The female juror foreperson said they voted 3 times on Count 8, most recent vote 11 to 1; before that 10 to 2 and initial vote 9 to 3. She did not feel anything could sway the vote but every other juror said furthet deliberations would help. They requested readback of testimony from Jane Doe 2 on Count 8 which included questioning from the People and defense. Lawyers will meet with Judge Cockrum at 8:30 and jurors will start deliberations at 9:15.

6/16: 9:21 a.m. Ms. Timm called to court for a jury issue. Mr. Celli arrives at 9:27.One of the jurors is in the hospital. Judge Cockrum met with attorneys. Deliberations are expected to resume Tuesday, July 20.