LAKEPORT — Jurors began deliberating Wednesday in the case against Ivan Garcia Oliver, a Lakeport man accused of murder for stabbing a neighbor he thought was a child molester nearly five years ago, but they had not reached a verdict by the afternoon.
The seven men and five women are expected to continue their deliberations Thursday at the Lake County Courthouse.
Oliver, who took the stand in his own defense, said he killed Michael A. Dodele in self-defense on Nov. 20, 2007. He pleaded not guilty to murder, burglary and elder abuse, and denied several special allegations.
The prosecution alleged Oliver committed premeditated murder by stabbing Dodele more than 60 times after mistaking Dodele for a child molester by misunderstanding information on the Megan”s Law website.
Dodele, 67, was a convicted rapist whose crimes were against women, not children. The two men lived in the same Lakeport trailer park.
Testimony in the trial concluded last week after seven days.
Judge Arthur H. Mann released the jurors to begin deliberating at 10:40 a.m. Wednesday after giving them final instructions.
On Wednesday, the jury asked to hear back testimony given by Oliver”s former girlfriend and to reconsider some recordings of Oliver”s interviews with law enforcement. Jurors are expected to continue listening to recordings Thursday.
The jury will have to weigh the version of events Oliver described on the stand against the picture painted by the prosecution.
Oliver, who provided few details to police after being arrested, testified Dodele brandished a knife with the apparent intent to kill immediately after being asked whether he fondled Oliver”s son, who was then 4 years old.
The defendant said his son talked more than a week before Dodele”s death about “playing touching the ”pee-pee”” with “the old man” — something Oliver never told law enforcement or the boy”s mother at the time.
The prosecution argued Oliver killed Dodele because he hated child molesters and questioned why Oliver did not report his suspicion his son was touched inappropriately.
What was used to kill Dodele presented another point of contention.
The prosecution argued Oliver admitted to law enforcement that he owned both knives found outside his home on the day of Dodele”s death.
Oliver testified Dodele pulled out the black knife but he gained control of the weapon during the altercation.
Oliver said he took the black knife home and threw it out the window. He added that he hurled his own silver knife — which he said was never taken to Dodele”s home — out the same window.
Oliver sustained a hand injury during the incident. He said it occurred after he blocked Dodele”s stab attempt, but the prosecution contended Oliver cut himself while attacking Dodele.
The defendant tried to clean up some of his blood and took items from Dodele”s home — according to testimony, including his own — but the two sides disagreed about the reason for those actions.
For Dodele”s death, the jury will consider first-degree murder, second-degree murder and voluntary manslaughter.
