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People v. Kozlowski3/4/2002
nts of the night of July 4-5. Lisa was positive that Gatson was the man who had shot and stabbed her. She was also positive that Kozlowski was the man who had been with Gatson that night. Robyn also identified Kozlowski and Gatson in court and noted the tattoos on Gatson's hands.
Reann and Natasha testified about their activities that night, verifying some details of the testimony Lisa and Robyn gave about the events leading up to the kidnappings and assaults. They told the jury that they became concerned when Lisa and Robyn left with Kozlowski and did not return. With Holly's help, they contacted Anthony, who helped them look for Lisa and Robyn in places where he thought his brother might be staying, but they did not find Lisa, Robyn or Kozlowski.
Eventually, Reann and Natasha learned that Lisa and Robyn were in a hospital and that the police were looking for them to aid in an investigation. They told police everything they knew, including names and descriptions. Two weeks later, Reann and Natasha each identified Kozlowski and Gatson in separate photographic lineups. Reann, Natasha and Holly each identified Kozlowski and Gatson in court at trial.
Anthony also testified. He recalled that on July 4, Gatson had a gun in his waistband. The next day, he received a telephone call from his brother. Anthony explained that friends had been looking for Lisa and Robyn, who had been found without their car. He told the jury that Kozlowski asked "What happened? Did they die?" He believed that both his brother and Gatson had been using methamphetamine at that time, as he himself had.
A friend of Kozlowski's testified that when he went to bed on the night of July 4-5, neither Kozlowski nor Gatson was there. About 5:30 a.m., he woke, saw that both men were in his apartment, and heard Kozlowski on the telephone. When the friend asked Kozlowski why he was only wearing his boxer shorts, Kozlowski said that he sold his clothes. Kozlowski and Gatson left his apartment about 8:00 a.m., Kozlowski wearing clothes borrowed from his friend.
Debris from a fire was found at a school near the apartment where Kozlowski and Gatson had slept. A belt buckle, an empty Coke can and what appeared to be a lipstick container was found in the debris. Robyn's cell phone and ATM card were also found near the school.
A nurse at the hospital gave a deputy sheriff a piece of electrical tape that paramedics had removed from around Lisa's wrists. A doctor opined that Robyn's stab wounds and the surgical incision would result in life-long scarring. He told the jury that if Robyn's injuries had been left unattended for much longer, she would probably have bled to death. He suggested that some of the wounds both girls suffered could have been inflicted with a short-bladed knife, but that Robyn's abdominal wounds were inflicted by a longer knife.
A fingerprint expert testified that he was certain that prints found on Robyn's car matched Gatson's fingerprints. He was unable to match any of the latent prints he lifted to Kozlowski's fingerprints. The jury saw surveillance videotapes from the two 7-Eleven stores. Still photographs from one of the videotapes showing Kozlowski were also admitted into evidence. The jury viewed the sites of the two 7-Eleven stores and the scene of the stabbings at Palomares Road.
After a witness mentioned seeing a parole officer escorting Gatson after his arrest, Gatson moved for a mistrial. The motion was denied but the trial court offered to give a curative jury instruction if Gatson chose to offer one. Neither Kozlowski nor Gatson offered any defense. Kozlowski and Gatson both moved for an acquittal of the kidnapping charges, wit
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