Thursday, November 19, 2009

Jury Instructions Debate

A court day closed to the public. The defense had four attorneys arguing the instructions at the public's expense.

People. v. Alberto Alvarez (9-6-83), East Palo Alto PD 187(A)&190.2(A)(7)& 12022.53(D)/12021(A)(1) 1-7-2006 Fatal Shooting Of EPAPD Officer Richard May On Weeks Street In EPA During Foot Pursuit Following Disturbance At Restaurant; Grand Jury Indictment; Death Penalty Case (DDA Steve Wagstaffe)

-54th day of jury trial was completed in Dept. 9, Judge Craig Parsons. The judge discussed jury instructions with the attorneys all day. The court ruled on numerous legal issues involving the legal instructions to be read to the jurors Monday morning. Over prosecution objection, the judge granted the defense motion to instruct the jury on voluntary manslaughter based on the theory that Officer May provoked the defendant by hitting him with the asp and the defendant killed the officer while in a heat of passion. The court will also instruct the jury on voluntary manslaughter based on a theory that the defendant killed Officer May in the unreasonable but honest belief in the need to shoot in self-defense. So the jury will be given the choices of first degree murder, second degree murder, voluntary manslaughter and not guilty based on true self-defense. Judge Parsons granted prosecution special instructions on use of force and rejected the defense special instructions on use of force and unlawful detention. The trial resumes Friday morning at 11:00 with further discussion of the jury instructions. Closing arguments remain scheduled for Monday morning at 9:15 (the court will pre-instruct the jury the first hour, take a short break, and the closing arguments will follow). The defendant remains in custody on no bail status.

My guess - the judge provided several options for the jury in order to limit the number of appeals following the jury's decision.

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