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November 26, 2009

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Testimony challenged in Lozano trial

Tuesday, Oct. 21, 2003 | 11:07 a.m.

Jurors on Monday heard conflicting testimony from three convicted felons who claim they had conversations regarding suspected child killer Pascual Lozano while in custody at the Clark County Detention Center.

Scott Riddel, a convicted child molester, said Lozano, 24, confessed to him that he had accidentally shot a 9-year-old girl while aiming for another person.

That testimony, however, was countered by that of another sex offender also housed at the jail, Steven Newberg.

Newberg, 38, a witness for the defense, said Riddel admitted to him that he had lied to authorities about Lozano's supposed confession to gain favor with prosecutors.

And a third convicted felon, George Dunlap, corroborated Newberg's testimony. He said Riddel told him also that he planned to give untruthful testimony against Lozano.

All three men are still in custody.

During his testimony, Riddel told jurors that he'd asked Lozano about his case in September, after he heard rumors from other inmates that Lozano had killed a little girl.

"I asked him, 'How could you kill a kid?' " Riddel stated. "He said, 'It was an accident, I was going for someone else.' "

"I said, 'You're going to fry. (Lozano) smiled and said, 'Naw, I got it covered,' " Riddel said.

Riddel, who owned a local modeling agency, is awaiting a November sentencing on charges that he molested a 14-year-old girl. He said he initially stayed quiet about his conversation with Lozano but he became concerned when he read the details of Lozano's case in a newspaper.

The fact that Lozano was charged with killing a child also played a factor in his decision to come forward, Riddel said.

"This concerned me," he said. "I was up all night thinking about my responsibility in this matter. For me not to do something wasn't something I could live with."

But under cross-examination, defense attorneys confronted Riddel with a criminal history that appeared to contradict his self-professed concern for children.

In a heated exchange with Deputy Special Public Defender Bret Whipple, Riddel answered questions regarding two prior felony convictions stemming from the molestation of two 11-year-old girls in Colorado.

"Mr. Riddel, you're a convicted sex offender, is that correct?" Whipple asked.

Riddel said: "That's correct."

Whipple said Riddel was charged with exposing himself to the girls, fondling them and taking pornographic pictures of them.

When Whipple asked Riddel if that was true, Riddel was evasive. "No pictures were found so I must not have done that," he said.

The questioning of Newberg, however, was less contentious.

During his brief testimony, Newberg said he shared a module with Riddel at the jail for about five months. He said Riddel told him that prosecutors were going to help him return to Colorado in exchange for his testimony against Lozano.

"I believe he's lying," Newberg said of Riddel.

Newberg said he wasn't friends with Riddel and that he didn't know why Riddel chose to share his plan with him. He said Riddel was concerned for his safety at the jail.

"He was trying to get somebody on his side," he said. "He seemed like he wanted someone to help him."

After a high-profile trial of his own, Newberg is serving a life sentence for sexually assaulting a 14-year-old girl and videotaping it. He could also face 22 additional felony charges stemming from the videotaped rapes and beatings of several other women. Prosecutors did not ask Newberg about his criminal history.

The dueling testimony kicked off the third week of Lozano's capital trial before District Judge John McGroarty. Lozano faces a possible death sentence in the shooting death of 9-year-old Genesis Gonzales.

Prosecutors say Gonzales was struck by bullets meant for a man named Robert Valentine. Gonzales and several other children were playing in the courtyard of their North Las Vegas apartment building when the shooting occurred.

Dunlap said he also asked Riddel why he planned to testify against Lozano. Dunlap said Riddel told him that he believed Lozano deserved to go to prison because he was "a lowlife."

Dunlap said Riddel told him that he had made up the story about the conversation with Lozano in an effort to be sent back to Colorado.

"He was going to get sent back to wherever he lived," Dunlap said. "I told him it was wrong. He asked me not to say anything."

Dunlap was convicted of three felonies in California in 1987, including possession of a stolen vehicle and possession of a concealed weapon. He also faces a dozen charges in Clark County, which include sexual assault and kidnapping, according to court records. Still, Dunlap told jurors that Riddel couldn't be trusted.

"He a liar," Dunlap said of Riddel.

Riddel said he lied to a judge when he pleaded guilty to the open and gross lewdness charges pending against him in Clark County. On the stand Monday, he maintained his innocence.

He said he pleaded guilty primarily because he didn't want to risk going to trial.

"I admitted to that because that is what is required to do when making a guilty plea in open court," he said.

Though Riddel faces one to four years on each count, he said he was assured by his attorney that he would likely serve a maximum of 10 months in prison if he entered into the negotiations.

He said he believed life in prison would be much better than at the Clark County Detention Center.

"I was told that I'd probably spend 10 months fighting fires and eating Porterhouse steaks at night," he said.

Riddel said he believed other inmates at the jail know about the shooting, but had not come forward for fear of retaliation.

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