Tuesday, November 17, 2009

Newspaper Headlines do not Depict Court Events


Newspaper Headlines do not Depict Court Events

This note is to all those across the country who send me emails asking about the day in court, based on the information they read online. This note is to those who knew Rich growing up in San Luis Obispo and those who work and live in the two communities he served – Lompoc and East Palo Alto, California.

The headlines rarely have anything to do with the actual events in the court. The reading of the articles gives anyone sitting in the court the idea that there is a bias to the articles. What is clear at this time is that the defense witnesses are quoted and their thoughts are well covered. There is little coverage of the results of the prosecutor’s cross examination of the defense witnesses.

I am biased in my reports here in the blog. I am Rich’s father. But the great newspaper reporting bias in favor of the defense team is not proper. It can be expected in today’s media – which itself has fallen to a low in public respect. Allow me to present a couple examples:

“Lab Director Lampoons San Mateo County Criminologists”. A recent headline. The facts are – this person was hired by the defense to shoot holes in the county’s accumulation of crime scene material. This person is very qualified, and did point out several tasks that were not done correctly. One was the fact that an officer picked up Rich’s firearm because it was on the ground next to Rich and cocked, read to fire. The gun was carefully moved so that the emergency personnel could try to offer aid to Rich. The second event that was pointed out as incorrect was the fact that someone moved Rich’s patrol vehicle out of the way so paramedic vehicles could move to the scene. Again, a mistake. HOWEVER, when all “mistakes” at the crime scene were described, the defense criminologist witness could not say that any of the evidence presented in court was not correct and proper. A nice try by the defense, but scored nothing in front of the jury. They did score in the public because of the misleading headline.

“Accused said he Feared for His Life” In a surprise event, the defense attorneys put their client on the stand. The defense team asked Alvarez questions about his involvement and he answered all questions, including the fact he shot and killed officer May, including shooting officer May again as the officer was on the ground. In a very well coached effort from the stand, Alvarez looked meek, quiet, and someone who could not remember a lot about the event which has him facing the death penalty. If anyone in the courtroom believed his “I don’t remember” statements, then there is a total lack of realty to that person’s life. The newspaper stories stated that the prosecution called Alvarez a liar. Correct. That was his very first statement to Alvarez when it was his turn to cross examine Alvarez. All the remaining questions brought these statements from Alvarez: He first admitted he WAS A LIAR. He stated clearly that his job was a Drug Dealer. He admitted that he knew his way around the local properties, including having keys to the fenced area at the nearby apartment complex so he could pass through when he needed to get away. Alvarez admitted he knew he could not have a gun. He admitted that he carried a gun for protection. He admitted that he carried the gun with the Safety Lock switched off – so that he could shoot quickly. He admitted that he had time, but did not toss his weapon before the officer caught up with him. He sold Meth to two regular buyers that morning (but could not remember their names). He purchased his 9 millimeter gun from the pool hall near the shooting scene, but could not remember the name of the person he purchased from. Alvarez said he had $1000 in his pocket from drug deals, but could not remember why he told officers when arrested that he had no injuries. He was hoping to hide the fact he received a shot to the leg as Rich was falling to the ground after being shot by Alvarez. The newspaper headlined that Alvarez stated he “feared for his life”. The newspaper did not make it clear that he stated more than once to the prosecution that he “was a liar”.

I do not need to continue. Please remember when you read newspaper stories coming from the trial that these are certainly specifics about what the defense is doing, and the headline may have a thread of truth – but neither provides a true story of the day in court.

I cannot finish without making a comment about the defense attorneys (paid by the public). In any other court, the names and order of witnesses are provided to the other side. The defense is not doing this. The placement of Alvarez on the stand was a well planed movement, without notification to the prosecution. Alvarez was well coached. I expect that the defense hoped to catch the prosecution off balance by not being prepared to see Alvarez on the stand. It did not work. I expect the defense is hoping that they may have swayed one juror by his sad looks and low voice. Possible. However, Alvarez still admitted to walking to Rich and shooting again while Rich was down. Did the headline in the papers state this – no, the headline said he feared for his life.

To all of you, thanks for the large amount of email. To you officers – be smart. The unfortunate fact is that there are others who place no value of human life and will take it with a gun at any time.

Rick May
Rich's Father

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