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People v. Kozlowski3/4/2002
bits of electrical tape, an ATM receipt, some cans of Coke and a bag from a 7-Eleven store were also found in the car. Fremont police obtained a warrant to search Kozlowski's residence.
A taxi picked up two passengers in Newark on July 6 in the early morning hours. The taxi driver noticed that a police officer parked near an intersection flashed a searchlight through the cab during the drive. The police car drove rapidly in pursuit of the cab. When the driver came to a stop, one of the two men got out of the cab and ran away. The other man stayed in the cab. The remaining passenger identified himself to police as "Joe." The officer noticed that his hands were scarred; he recalled hearing at a briefing that Kozlowski's hands were scarred. The officer asked the young man his name again and this time, the man identified himself as Matthew Kozlowski. He was handcuffed by police.
Gatson appeared at the home of his aunt on July 6. She spent part of the day with him until she left him at the Union City BART station at his request. He was very quiet all day. The following day, he was arrested on July 7 at United Nations Plaza in San Francisco. When asked if he knew why law enforcement officers were contacting him, Gatson replied, "Yeah. That Fremont thing." A San Francisco police officer heard Gatson say: "I screwed up. I just lost control." Among Gatson's personal effects were keys to Robyn's car and her residence. He had tattoos on his hands.
Police showed Lisa and Robyn photographic lineups, but the girls were unable to identify their attackers. However, when Lisa saw Gatson on television during her hospital stay, she recognized him.
C. Pretrial Matters
In September, Kozlowski and Gatson were charged by information with two counts of kidnapping for extortion, two counts of robbery, two counts of premeditated attempted murder and a single count of carjacking. Each count also included allegations of use of a deadly weapon and infliction of great bodily injury . (See §§ 187, 211, 215, 664; see former §§ 209, subd. (a), 12022, subd. (b), 12022.7, subd. (a).) The information also alleged that Gatson had suffered two prior convictions. (See §§ 667, subds. (a), (e)(1), 1170.12, subd. (c)(1); see also former § 667.5, subd. (b). In October, Kozlowski and Gatson each moved to set aside the two kidnapping for extortion counts and the premeditated allegation of the two attempted murder charges in the information. (See § 995.) Both motions were denied. Kozlowski and Gatson each moved to sever his trial from that of the other. Alternatively, Gatson argued that statements Kozlowski made should be suppressed. These motions were also denied. (See § 1098.)
In December, the People moved to admit Gatson's prior convictions for impeachment purposes if he chose to testify. The trial court granted this motion. On Gatson's motion, trial of the current charges was bifurcated from trial on the allegations of his prior convictions. His motion to prohibit mention of gang activity was granted in part and denied in part.
The prosecution gave Kozlowski and Gatson notice of its intent to call jailhouse informant Anthony Jacobs as a witness at trial. Gatson moved to suppress a statement allegedly made by him to Jacobs. The trial court denied the motion. Gatson moved in limine to preclude the prosecutor from referring during opening statement to a statement attributed to him-that the last time he let a girl go, she identified him in court. That motion was denied, but his motion to preclude mention of a statement about being released from San Quentin State Prison was granted.
D. Trial
At trial, both Lisa and Robyn testified about the eve
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