Tuesday, March 10

Judge Parsons heard arguments and ruled on five motions today.

1) The court denied the defense motion to remove Officer Rich May's name from the San Mateo County Peace Officer Memorial. The defense claimed jurors would be prejudiced by seeing the name on the Memorial and the words at the top of the Memorial "Killed In The Line Of Duty". Court accepted prosecution argument that the jurors could be instructed to stay away from the Memorial. Prosecution argued it was an insult to Officer May's memory to suggest the removal of his name from the Memorial.

2) The court granted the defense motion to prohibit spectators from wearing at the courthouse the badges with Officer May's face as potentially inflammatory to prospective jurors. The court took the cautious route and disallowed the badges. This applies only on days the jury is present. On other days spectators may wear the badges.

3) The court denied the defense motion to prohibit uniformed police officers to be in the courtroom during the trial (defense claimed it would be unduly prejudicial). Following a California Supreme Court case, Judge Parsons did restrict the uniformed officers present to three at a time. Officers not in uniform have an absolute right to be present in unlimited numbers. The limit of three does not include the bailiff or the two transportation deputy sheriff's that are always present.

4) The court denied the defense motion to prohibit the prosecutor in opening statement from using the phrase "execution" in describing the murder. In closing argument, the prosecution (Steve Wagstaffe) can use whatever phrase Mr. Wagstaffe desires. In opening statement Mr. Wagstaffe can say the defendant "executed" Rich (just not "execution-style"). Witnesses are directed not to use word "execution".

5) The court denied the defense motion to make the prosecutor set forth all legal and factual theories of the case. Prosecutor is not required to reveal his approach to the case.

None of these motions today was critical to the outcome. Steve Wagstaffe is generally satisfied with Judge Parsons' rulings today.

Three motions will be argued Wednesday. More significant motions start on Thursday. Jury selection still set to start on Monday, March 23, 2009.