Jury selection continues Monday, March 19 in the much-delayed trial of David Leroy Lucero Jr., now 33, who is accused of murdering his mother eight years ago, in the home they shared in Valley Center.
Margo Jean Lucero, 53, died of “stab wounds of left shoulder and chest,” according to a medical examiner’s report. She was found deceased in her own bed the afternoon of March 9, 2010. Deputies reported that the door to her bedroom appeared to have been forced open. Her purse and car keys were missing.
Margo Lucero’s car and her son David Leroy Lucero Jr. were found in Arizona the next day. The key to her car reportedly had Margo’s blood on it.
David Lucero Jr. pleads not guilty by reason of insanity. The jury will first deliberate the guilty-or-not-guilty portion of the trial, and if the accused man is found guilty of murder, then the jury will hear evidence in a second trial to determine sane-or-not-sane. The legal definition of sane is not the same as a medical finding.
Members of the defendant’s family, who include his namesake father and brother Marcos and a sister named Ramona, are expected to testify as witnesses during trial.
Father Dr. David M. Lucero is reportedly angry with San Diego County deputies who responded to a call from Margo Lucero, the afternoon before she was found dead. Margo was reportedly afraid of her son David, and asked deputies to take him away at that time. However, there are assertions that David Leroy Lucero Jr. told deputies that, “I need a TRO to get my mom out of my life,” and “my mom is ruining my life,” and “my mom is running my life.”
Prosecutors Patrick Espinoza and Matthew Greco have asserted, in pretrial hearings, that David Lucero Jr., then 25, was aware that his mother and brother were making effort to get him committed to a mental hospital and that David Lucero Jr. wanted to prevent that from happening.
Father Dr. David M. Lucero was out of town the day deputies were called to the home, March 8, 2010, but the senior Lucero arrived home the following afternoon. Dr. Lucero and one of his adult daughters, Ramona, who picked him up at the airport and brought him home, found Margo Lucero deceased that afternoon, on March 9, 2010.
Celebrity attorney Mark Geragos handled the defense in this case for many years, and the defendant was rarely seen in court during that time. When defendant Lucero appeared in court it was often brief, as part of a competency hearing, and then David Lucero Jr. was sent back to Patton Hospital. The defense for trial is now being handled by David Gammill, who has a connection with Geragos & Geragos; that law firm is based out of Los Angeles.
Prosecutors want to use as evidence phone calls between the defendant and his father, these were recorded as recently as last week. These recordings seem to present the defendant as a lucid man who voices regret that his years in custody in mental institutions will not count as “time-and-half custody credit” toward his ultimate sentence, if there is ever a conviction.
Some of the recordings were played in court during pre-trial motions, and father Dr. David M. Lucero is heard voicing bitter disappointment with attorney Mark Geragos, with whom he “wasted three-hundred-thousand dollars;” the elder Lucero also stated “I’m going to tear his ass up in court anyway.”
Jury selection continues Monday, March 19 in the much-delayed trial of David Leroy Lucero Jr., now 33, who is accused of murdering his mother eight years ago, in the home they shared in Valley Center.
Margo Jean Lucero, 53, died of “stab wounds of left shoulder and chest,” according to a medical examiner’s report. She was found deceased in her own bed the afternoon of March 9, 2010. Deputies reported that the door to her bedroom appeared to have been forced open. Her purse and car keys were missing.
Margo Lucero’s car and her son David Leroy Lucero Jr. were found in Arizona the next day. The key to her car reportedly had Margo’s blood on it.
David Lucero Jr. pleads not guilty by reason of insanity. The jury will first deliberate the guilty-or-not-guilty portion of the trial, and if the accused man is found guilty of murder, then the jury will hear evidence in a second trial to determine sane-or-not-sane. The legal definition of sane is not the same as a medical finding.
Members of the defendant’s family, who include his namesake father and brother Marcos and a sister named Ramona, are expected to testify as witnesses during trial.
Father Dr. David M. Lucero is reportedly angry with San Diego County deputies who responded to a call from Margo Lucero, the afternoon before she was found dead. Margo was reportedly afraid of her son David, and asked deputies to take him away at that time. However, there are assertions that David Leroy Lucero Jr. told deputies that, “I need a TRO to get my mom out of my life,” and “my mom is ruining my life,” and “my mom is running my life.”
Prosecutors Patrick Espinoza and Matthew Greco have asserted, in pretrial hearings, that David Lucero Jr., then 25, was aware that his mother and brother were making effort to get him committed to a mental hospital and that David Lucero Jr. wanted to prevent that from happening.
Father Dr. David M. Lucero was out of town the day deputies were called to the home, March 8, 2010, but the senior Lucero arrived home the following afternoon. Dr. Lucero and one of his adult daughters, Ramona, who picked him up at the airport and brought him home, found Margo Lucero deceased that afternoon, on March 9, 2010.
Celebrity attorney Mark Geragos handled the defense in this case for many years, and the defendant was rarely seen in court during that time. When defendant Lucero appeared in court it was often brief, as part of a competency hearing, and then David Lucero Jr. was sent back to Patton Hospital. The defense for trial is now being handled by David Gammill, who has a connection with Geragos & Geragos; that law firm is based out of Los Angeles.
Prosecutors want to use as evidence phone calls between the defendant and his father, these were recorded as recently as last week. These recordings seem to present the defendant as a lucid man who voices regret that his years in custody in mental institutions will not count as “time-and-half custody credit” toward his ultimate sentence, if there is ever a conviction.
Some of the recordings were played in court during pre-trial motions, and father Dr. David M. Lucero is heard voicing bitter disappointment with attorney Mark Geragos, with whom he “wasted three-hundred-thousand dollars;” the elder Lucero also stated “I’m going to tear his ass up in court anyway.”
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Yesterday, March 15, the fourth district court of appeals issued a "stay" order, halting all proceedings in this already much-delayed case. Defense attorney David Gammill has appealed the local judge's decision that defendant David Leroy Lucero Jr. is sufficiently competent to stand trial.
David Gammill f his Twitter account
The police have little power to do anything "to take him away" unless the the person has no right to be there or that there is evidence of domestic abuse. Where are they going to take him? They can ask a person to leave but if they have a legal right to be there the police cannot force the person to leave.
The appeals court today, May 18, 2018, announced that defendant Lucero should have another mental competency hearing. And so the criminal trial proceedings remain suspended.
Prosecutor Pat Espinoza.
Prosecutor Pat Espinoza.
Friday, November 16, the seldom-seen defendant David Lucero made a court appearance in San Diego's North County Superior Courthouse in Vista, California. Apparently, everyone has agreed that David Lucero is again "competent," and a trial date was set for April 29, 2019.
Mysteriously, it has been agreed that if no courtrooms are available in North County (where the murder allegedly occurred) at that court date, then "the trial may be sent downtown."
The State of California has brought new charges against David Lucero for an alleged assault he committed while in custody; his private attorneys agreed to a "stipulated bindover" on that case.
Prosecutor Pat Espinoza commented, "This case will be approaching nine years and must be one of the longest delayed cases in San Diego history!"
One entrance to North County courthouse
At a brief hearing this morning, May 13, 2021, a judge set dates to decide yet again the mental competency of David Lucero. There will be a three-day bench trial on June 28, 29 and 30, in person, in department 1904 of San Diego’s downtown courthouse. Judge Daniel Goldstein will decide the matter, there will be no jury. Today defendant Lucero was reprsented by Alexandra Kazerian, she reportedly works with Mark Geragos.
Hon. judge Daniel Goldstein
It seems there is another new competency hearing, every so often, which then delays start of a jury trial yet again. The last competency hearing on February 28 reportedly found David Lucero, who is now 37 years old, competent for trial. As of this month, defendant David Lucero has been in custody twelve years without trial. His next court date is set for March 30, 2022, in the downtown San Diego courthouse. Prosecutors Patrick Espinoza and Matt Greco remain on the case, as well as celebrity defense attorney Mark Geragos and his assistant, second counsel Alexandra Kazarian.
Defendant David Lucero Jr. in March 2018. Photo by Eva Knott.
On July 6, 2022, prosecutor Patrick Espinoza released a statement: "Geragos law firm is no longer representing Lucero. Public Defender is now representing Lucero. Most recently, Judge Goldstein held a hearing and found Lucero competent. The Public Defender has filed a writ in the 4th District Court of Appeals contesting the finding." Defendant David Lucero Jr. continues to be held in custody, without ever having a jury trial, more than twelve years after his mother's death.