Prosecution rests in murder trial for brutal 2003 killing of Ontario woman, 18

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The prosecution rested Monday in the murder trial of Upland resident Aaron Lozada, who is accused of assisting two other men in the brutal 2003 slaying of Jessica de la Torre, 18, of Ontario.

De la Torre died Aug. 15, 2003, after Jesus Penuelas and Sergio Arias, both acquaintances of Lozada, robbed the woman's home, prosecutors say.

After the robbery, Penuelas beat de la Torre unconscious, put her in the trunk of her father's car, then drove to an isolated area near the Jurupa Mountains in Rubidoux where he ran over de la Torre's body, killing her.

According to prosecutors, Lozada, 35, assisted in the crime by dropping off the two men near de la Torre's home, helping to unload stolen stereos from the stolen car, and driving the men to ATMs to attempt to withdraw money using de la Torre's stolen bank card.

Lozada also followed Penuelas to the scene of the murder, and gave him a ride home after Penuelas ditched the stolen car in Fontana, prosecutors say.

Penuelas and Arias have both been convicted of murder. Penuelas was sentenced to death and Arias was sentenced to life without the possibility of parole.

On Monday, Deputy District Attorney Ambrosio E. Rodriguez called his final four witnesses, then rested his case.

The defense called two of Lozada's cousins to the witness stand. The cousins both said they knew Lozada very well, and knew him as an honest, non-violent person.

The defense also subpoenaed Penuelas to testify, but he refused after his attorney advised him that it could harm his effort to appeal his case.

Penuelas was transported to Riverside Superior Court from San Quentin State Prison for the hearing, at which he was present for only a few minutes.

Lozada's defense attorney, Frank Peasley, has said that Lozada did not know de la Torre was in the trunk of the stolen car when Penuelas asked him to follow him, and did not find out about the killing until Penuelas told him during their drive home from Jurupa.

Deputy District Attorney Ambrosio E. Rodriguez has said that Lozada had suspicions that de la Torre may have been in the trunk.

On Friday, Ontario police investigator Ricardo Fuentes testified that Lozada told him in an interview that he asked Penuelas what was in the trunk when he helped him unload stereos stolen from de la Torre's home.

Lozada told police that Penuelas responded: "You want to know what's in the trunk? You want to know what's in the trunk?"

"No," Lozada said he responded, Fuentes testified.

At Lozada's previous trial, a jury deadlocked 11 to 1 in favor of conviction. A mistrial was declared and prosecutors refiled the case.

Closing arguments are expected Wednesday.

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This page contains a single entry by Will Bigham published on December 1, 2008 5:19 PM.

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