Jury fails to decide on most charges in El Torito case

Deepa Bharath

A jury on Thursday failed to reach a decision on most counts in a

criminal case stemming from a midnight brawl at a Costa Mesa

restaurant last year.

After more than 20 days of argument, testimony and deliberation, a

hung jury was declared on 24 of 27 counts involving eight defendants

who were arrested after a fight that reportedly broke out at the end

of a birthday party at the El Torito Grill on Anton Boulevard on

March 24, 2001.

The jury found Lorena Maae not guilty on two counts of obstruction

of justice. It found her husband, Tony Maae, not guilty on one count

of fighting in public, but couldn’t decide on two other charges he

faced. It also reached a dead end on all charges faced by six other

defendants.

The prosecution maintained that Costa Mesa police officers had

merely tried to quell a hostile situation, but the defense argued

that they had used excessive and unwarranted force.

Deputy Dist. Atty. Nico Dourbetas could not be reached for comment

Thursday. The district attorney has 30 days to file the case again.

Lorena Maae said she was pleased by the not guilty verdict for her

charges. But she was confused by the jury’s decision, or rather, its

inability to decide, on the others.

“It’s left me confused,” she said. “I don’t know how they can find

some of us not guilty and not know about the others. The truth is,

there was no fight that night.”

In his closing arguments, Dourbetas said the defense’s allegation

that the police officers falsified reports to make a case where there

was none, was unreasonable. He also said tying the officers’ hands in

such scenarios would prove harmful for society in general because the

police would not be able to do their jobs.

Defense Attorney Anthony Sessa said he is happy with the outcome.

“A hung jury in my mind is akin to a victory,” he said. “I’m happy

for the defendants.”

The challenge for him was to overcome the mindset that police

officers would do no wrong, he said.

The issue is far from over. Maae’s mother, Carmen Jimenez, also

filed a civil lawsuit against the city on March 25 of this year.

Named in the lawsuit are the city of Costa Mesa, Police Chief Dave

Snowden and 12 other police officers who responded to the incident.

The suit alleges violation of Jimenez’s civil rights, assault and

battery and negligent injury, and demands damages adding up to

several hundred thousand dollars.

Maae said her husband and the others are determined to fight if

the district attorney files the case again.

“We didn’t start this to go half way,” she said. “We brought 12

witnesses to the stand for this trial. If necessary the next time,

we’ll bring all 60.”