By Keana Fortier-Sauray
RIVERSIDE, CA – The quadruple homicide trial of Jose Larin-Garcia proceeded Tuesday in Riverside County Superior Court with the defense pleading – out of earshot of the jury – that the prosecution did not allow for a fair trial, and the beginning of the prosecution’s final arguments.
Larin-Garcia is on trial for the murder of four people the night of Feb. 3, 2019 in Palm Springs, CA.
The defense, led by private attorney John Dolan, argued the defense was not given a fair trial from the prosecution for three reasons.
Dolan said firstly the prosecution’s six-pack non identification was shown during the preliminary hearing, but the defense was not provided that information until the middle of trial. 
Dolan moved on to his second point, that his expert witness was not able to effectively testify because he didn’t have enough time to review and analyze all of the material.
He argued that he requested that the court allow the defense a week for his DNA expert to look over the “1,000’s of pages” that were given to them, but “the court denied that to us,” he said.
Judge Anthony Villalobos interrupted Dolan and stated that at that time the defense was given an extra week to look through that.
“We did not have an extra week,” Dolan said. “The people indicated we’ve asked for continuances… we haven’t gotten any continuances in this case,” he exclaimed.
Dolan continued onto his third point. He argued the prosecution expert witness was asked to give part of his basis for his opinion about the sponge video on Oct. 18 and Nov. 11, but it was not provided until Dec. 8. He argued that the information was received “untimely in the middle of trial.”
“We’ve given good rational reasons why these materials were late and not useful to the defense,” in attempts to reissue his points to Judge Villalobos, who replied “your expert had the same access to the videos that Mr. Ogino had, is that correct?”
The defense, led by private attorney Dolan, continued that they did not receive Ogino’s videos until after the DNA expert took the stand.
“I don’t know where Ms. (Deputy District Attorney Samantha) Paixao gets that our expert had access to the video…” said private attorney Dolan. “The dates were wrong. We requested it on Oct. 18 and that was in an email” he continued.
DDA Paixao refuted the statement and argued that there were multiple videos and the first five videos were provided. She also said the list of over 60 videos that were sent by Randolph Beasley, blood spatter expert for the defense, were from the same author for the videos from the ones that prosecution expert Ogino viewed.
“Mr. Ogino doesn’t know the site but he knew those videos that the court recalled during testimony” she said. “We need to go back to the testimony,” she continued.
“The court did grant a continuance for the DNA expert,” DDA Paixao added. Judge Villalobos affirmed that the request was granted and said that anything that was new evidence was simply the testing of something that was already there.
Judge read instructions to the jury. He specifically brings up that certain evidence was admitted during the trial and told the jury to only consider that evidence “only for that purpose and for no other.”
After the jury was instructed, DDA Paixao was instructed to begin her closing argument.
DDA Paixao started by restating the basis of her argument that on Feb 3, 2019, Larin-Garcia executed all four victims with multiple gunshots to their bodies. She argued that nobody but one victim was able to defend themselves.
“The wounds show us that,” she said. “Their bodies tell us they didn’t have a moment to respond,” she said.
“He executed every person in that car… and he is charged with counts one through four relating to the separate victims” she said. In addition, she added the defendant is also charged with an allegation that when he executed them “it was found to be done lying in wait.”
She continued to go over the different points of evidence that she believed points to the guilt of defendant Larin-Garcia. She asked the jury to consider the accused’s deliberate act of intent to kill and the results of his actions to end the lives of four individuals in the blink of an eye.
The court is set to resume Wednesday with closing arguments.
