L.A. Fire Captain's Murder Case to Continue Aug. 30

A judge presiding over the case of veteran Eagle Rock firefighter David Del Toro—who was convicted of the second-degree murder of a San Gabriel woman—granted a request by the defense Friday to reconvene a hearing on Aug. 30, but added that it wasn’t clear to him whether he’d be ready to accept the defense’s motion for a new trial on that date or if he’d set a date for sentencing at the time.

Los Angeles Superior Court Judge Lance Ito also allowed both the defense and the prosecution to peruse answers to a questionnaire he had sent to all 12 members of the jury that convicted LAFD Capt. Del Toro of the murder of Jennifer Flores, asking them whether or not their verdict in March was based on comments made by several of the jurors who violated court instructions and mentioned issues of penalty during their deliberations.

Ito’s questioning of the jurors was prompted by an earlier request by defense attorney Joseph 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.

Gutierrez, who was engaged in a murder trial in Van Nuys, did not appear in court Friday and was represented by an associate.

All 12 members of the jury responded to Judge Ito’s questionnaire, Deputy District Attorney Bobby Grace told Eagle Rock Patch after reading their responses.

“It wasn’t what Gutierrez is looking for,” Grace said of the jurors’ responses. “I can tell you that.”

Del Toro, handcuffed and dressed in an orange-colored L.A. County Jail suit, was present in court. Looking a trifle less upbeat than he did during his previous court appearance on June 28, he was carrying a small yellow-colored duffel bag that appeared to contain his belongings. One of his brothers and a sister were also present.