Wednesday, March 11

Judge Parsons heard legal arguments from the attorneys and ruled on three motions today:

(1) The court granted the prosecution motion to exclude conclusionary statements of the prosecution witness next door to the scene of the shooting, about watching the defendant at the time of the shooting (after Officer May had been initially shot and fallen to the ground). The excluded statements were:

(A) He was right at the garage door. Like he was trying to, you know, figure out a way, figure out a way how to get out of there. And I was like, “Damn, somebody’s shooting at him.”
(B) I was like, damn, somebody’s shooting at him.
(C) I was like, oh, somebody must be shooting at him, seen him turn around like he was trying to defend himself… he looked like, either he was looking for a place to run but he wouldn’t have ran that way.
(D) I thought somebody was shooting at him.

(2) The court granted the defense motion to preclude witness Marco Marquez (the explorer) from using the word “jaywalking” to describe how the defendant ran across University Avenue away from Officer May and Mr. Marquez. Mr. Marquez can simply describe the manner in which he ran across the street.

(3) The court denied the prosecution motion to have the mannequin dressed in a similar police uniform for demonstrative purposes with the pathologist. The prosecution can use Officer May’s actual blood soaked uniform with the pathologist (just not on the mannequin). The prosecution is allowed to use a mannequin with the pathologist; just not a clothed mannequin.

Trial resumes Thursday morning at 9:30 with further hearing on the trial motions. The motions for Thursday involve defense motions to admit evidence of alleged prior use of excessive force by Officer May (couple of citizens who complained about two incidents of prior force). Prosecution has filed opposition to the defense motions.