Road rage case may be appealed

The jury remained hung until just hours before the verdict, when Juror Number One appeared to switch sides and join with the others in finding Sedeno and Navarro guilty. The quick turnaround after a long holdout led defense attorneys Mara Feiger and Myra Weiher to ask the court for the chance to ask jurors what was going on in their head. Jurors are not required to share with attorneys after deliberations although they often do.

Seven jurors appeared personally in court to balk at the idea of their identification being released. Prosecutor Sean Gallagher argued in their favor but defense attorneys claimed the law still allows the release. Judge Joseph Bergeron will decide the matter Friday morning.

"Right now, it's a fishing expedition," said Chief Deputy District Attorney Steve Wagstaffe. "It's an unusual move but we see it occasionally with serious cases."

Defense attorneys did not return calls for comment.

On Jan. 12, 2003, Gardner was shot in the head while sleeping in the passenger seat of a friend's car as they and two others in another vehicle drove home from San Jose. Navarro, Sedeno and a third man were arrested hours later after Daly City police spotted their vehicle and chased it throughout the Bay Area.

The first five-man, seven-woman jury deliberated for eight days but few votes changed and two female jurors reportedly almost came to blows. Though the split leaned in favor of guilt on first-degree murder, Bergeron declared a mistrial.

After nearly the same trial, the second jury retired to deliberate Sept. 13. They sent out a handful of notes to the judge, complaining about a juror who refused to deliberate and asking if one could be replaced.

The verdicts came in only hours after the jury foreman told the judge the panel was locked 11-1 on all counts but the gun charge but were ordered to continue deliberating. Juror Number One, the lone hold out, changed her mind and the jury convicted both of first-degree murder. Sedeno was also convicted of using a gun to cause death and attempted murder. Navarro was convicted of three attempted murder charges and firing a gun.

Navarro and Sedeno return to court Oct. 25 for sentencing.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.