L.A. Fire Captain's Murder Case To Continue Oct. 14

The defense lawyer in the case of “People vs. David Del Toro” filed a motion for retrial Tuesday, arguing that his concerns about possible jury misconduct during the murder trial weren’t sufficiently addressed.

In a short hearing lasting about 10 minutes, Los Angeles Superior Court Judge Lance Ito allowed the motion to be filed and set October 14 as the date for the next hearing in this protracted case.

In March, a jury convicted Del Toro, a veteran firefighter who retired as a captain in the Los Angeles Fire Department, of the second-degree murder of Jennifer Flores, a San Gabriel woman whose partially nude body was found near Del Toro’s Eagle Rock residence in August 2006.

Del Toro’s lawyer, Joseph Gutierrez, said he had submitted 10 to 12 questions to the court in anticipation of Judge Ito’s investigation into possible jury misconduct arising from the fact that several of the jurors had violated court instructions and discussed issues of penalty during their deliberations.

“I did not see my issues sufficiently addressed in the questionnaire to the jury,” Gutierrez told Ito.

The 12-member jury responded to the questionnaire—and Ito allowed both Gutierrez and the prosecutor in the case, Deputy District Attorney Bobby Grace, to examine their answers last month. The investigation into possible jury misconduct was prompted by an earlier request by Gutierrez to allow him to interview jury members to determine whether their ability to deliver a fair verdict had been tainted because issues of punishment had been brought up during their deliberations.

In court on Tuesday morning, Gutierrez handed Grace a copy of his 43-page motion for retrial—and told Ito that it would be appropriate for the next hearing to be held in six to eight weeks.

Judge Ito countered that four weeks would be sufficient time for Deputy D.A. Grace to respond to the motion. Grace requested a hearing in early October because, he said, he’s in the midst of a murder trial that is likely to run until the end of September.

“We are glad to see that the process is moving forward and we hope to see a conclusion to all of the proceedings by the end of the year,” Grace said in response to a question from Eagle Rock Patch as to why the case of People vs. David Del Toro is taking so long to conclude.

“Del Toro is not the typical defendant you see in the court system,” Grace said, referring to Del Toro’s background as a firefighter and the fact that he is being represented by a highly experienced defense lawyer.

Besides, added Grace, the defense has doggedly contested the prosecution’s evidence as well as questioned jury deliberation issues, making this a contentious case.

As he has done all along since January, when jury selection in the case began, Gutierrez declined to answer any questions because, as he put it, the proceedings are still underway.

Del Toro, handcuffed and dressed in an orange-colored L.A. County Jail suit, was present in court.

He carried a small yellow-colored duffel bag that appeared to contain his belongings. Two of his brothers were also present.