"The innocence of children and the betrayal by the person they should trust and is supposed to protect them."

 

In November 2022, I wrote alleged molestor Sergio Reynoso-Lozano will regret turning down the People's offer. His fate is now in the hand's of the jury. 

Deputy District Attorney Whitney Timm started her closing arguments by quoting Jane Doe 1 and Jane Doe 2. 

"The innocence of children and the betrayal by the person they should trust and is supposed to protect them," said Ms. Timm.

Ms. Timm cited CALCRIM 301, one of the jury instructions that was just given to jurors moments ago by Judge Kaleb Cockrum. "The testimony of only one witness can prove any fact. Before you conclude that the testimony of one witness proves a fact, you should carefully review all the evidence."

"Sex crimes, 99 % of the time happen with no witnesses around. There are no witnesses because of the dynamics of child abuse. No physical evidence because it is reported years later."

"There has not been a single piece of evidence that discredits the girls. In this case, you don't just have the word of one witness. You have the testimony of both girls."

Ms. Timm went through count by count citing the law and evidence from trial and how it pertained to the 9 felonies and special allegations. She also addressed potential defense arguments which even I anticipated based on cross examination. Ms. Timm addressed the snoring and Lozano drinking alcohol. 

Ms. Timm said Lozano "manouevered through layers of clothing, the conduct happened repeatedly throughout the night, it was not accidental touching, and it was repeated on different victims."

Ms. Timm mentioning the difference between the way Lozano treated John Doe and that he never touched John Doe was excellent. Ms. Timm said it revealed Lozano's sexual preference. Both Jane Does testified they were around 9 years old when Lozano started touching them.

"Why would an adult be touching under her bra?" Ms. Timm said that there was sexual intent. She said Lozano masturbated after touching the girls. 

Ms. Timm said the touching was gradual to lower the victims' inhibitions. Lozano started out with touching below the breast, above the breast, then hand on the stomach, then to the breast and then the buttocks. "His deviant sexual desires are he is a child molestor."

"Jane Doe 1 and Jane Doe 2 were in his care and they were betrayed in the most heartbreaking way."

Two other jury instructions Ms. Timm highlighted were CALCRIM 3501 Unanimity and CALCRIM No. 1191B Evidence of charged sex offense.

Clearly, Ms. Timm was effective. It was obvious from  Deputy Public Defender David Celli's closing argument, he was playing defense. 

Mr. Celli started out by saying, " As Ms. Timm said you get to decide what happened here. It is not easy. There was a lot of evidence presented."

"No one disagrees we want to protect children."

Seems benign. This is where the gloves came off. Jane Doe 1, Jane Doe 2 and John Doe were so credible that Mr. Celli's only option was to distract and project on Ms. Timm what he was doing. The only one using emotion was Mr. Celli. Mr. Celli is hoping that tactic will work on a juror or two.

Ms. Timm presented focused evidence, the law, she quoted testimony. It was not emotional. It was the truth and pain of survivors who were molested by a coward who dragged them through a trial instead of being a man for once and taking responsibility and a plea.

It was condescending of Mr. Celli to tell the jurors they don't understand law, legal terms and jury instructions as lawyers do. Mr. Celli's rendition count by count maybe his spin; his attempt to obfuscate; but it was not was the same evidence and testimony we all heard in the courtroom.

I get that Mr. Celli is defending his client. My opinion and reporting on his closing argument is not about him as a person. He is a public defender and does not get to chose his clients but Mr. Celli does get to chose his words.

Mr. Celli saying that Lozano touching Jane Doe 1 and Jane Doe 2's breasts is just his way of cuddling was low. Lozano is Jane Doe 1's biological dad and a father figure to Jane Doe 2. No husband, no father, no normal man would excuse or dismiss what Lozano did to these two girls.

Previous posts:

https://johnchiv.blogspot.com/2023/06/he-started-to-put-his-hand-on-my-chest.html?m=1

https://johnchiv.blogspot.com/2023/06/jane-doe-1-told-jane-doe-2-one-of.html?m=1

https://johnchiv.blogspot.com/2023/05/after-mistrial-last-year-what-will.html?m=1

https://johnchiv.blogspot.com/2022/11/mistrial-declared-in-middle-of-alleged.html?m=1

https://johnchiv.blogspot.com/2022/11/alleged-molestor-charged-with-9.html?m=1

https://johnchiv.blogspot.com/2022/07/once-again-minor-female-victims-are.html?m=1

https://johnchiv.blogspot.com/2022/06/two-minor-victims-one-alleges-when-she.html?m=1#more

https://johnchiv.blogspot.com/2022/06/another-child-safe-thanks-to-deputy.html?m=1

https://johnchiv.blogspot.com/2022/06/defendant-charged-with-9-felonies.html?m=1#more

https://johnchiv.blogspot.com/2022/04/this-is-why-experienced-deputy-and.html?m=1

https://johnchiv.blogspot.com/2022/04/sergio-reynoso-lozano-arrested-for-sex.html?m=1