Monday, March 16

The court ruled on three motions today.

(1) Parole Status: In the morning the court heard extensive
argument on the prosecution motion to admit evidence of the
defendant’s parole status at the time of the crime to show motive,
intent and premeditation and deliberation. Over strenuous defense
objection, the court granted the prosecution motion to admit the
evidence, including the nature of the two felony convictions for which
he was sentenced to state prison (possession of a firearm and possession
of marijuana for sale), the fact that he served a state prison sentence,
the fact that he had a duty to submit to search and seizure and to a
detention as a parolee, the fact that he had a prior parole violation in
2005 and was incarcerated for the violation, and the fact that he knew
the carrying of a handgun would be a parole violation and send him back
to prison.

(2) Sanitizing Motion: The court denied the defense motion to
sanitize Count II 12021(A)(1) possession of a firearm by a felon to not
let jury hear what are his prior felony convictions. The court will
allow the prosecution to present evidence to the jury that his two prior
felony convictions are for (1) possession of a firearm and (2)
possession of marijuana for purposes of sale.

(3) Gang Membership Evidence: In the afternoon after hearing
extensive arguments from the attorneys, the court denied the prosecution
motion to admit evidence of the defendant’s gang membership to show a
secondary motive for the crime (kill a police officer and move to the
top of the gang in importance). The court excluded the gang evidence
during the prosecution case in chief. The second part of the
prosecution motion on gang evidence (to allow the prosecutor to
cross-examine the defense psychiatrists on the defendant's gang
membership and to offer the gang evidence in the prosecution rebuttal
case was deferred by the court until Wednesday). On Wednesday the court
will deal with prosecution motions to limit the defense psychiatric
testimony and allow cross-examination of the defense doctors on gang
membership.