(Our family trip Walt Disney World - Rich and a young Deanna, now a senior at Menlo-Atherton Hign School)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; Jury Indictment; Death Penalty Case (DDA Steve Wagstaffe)
-49th day of jury trial was completed in Dept. 9, Judge Craig Parsons. The tenth day of prosecution evidence was presented and five witnesses testified. David Rose, the prosecution use of force expert, testified all morning and half the afternoon. He testified that Officer May had reasonable cause to the defendant and his use of the police asp to strike the defendant on the arm was not excessive use of force. He stated that when the defendant took out his handgun, the officer was fatally “behind the curve”. He testified that Officer May did not use excessive force but actually used inadequate force in light of the facts he did not know: that the defendant was a parole with a loaded handgun. He stated that Officer May unknowingly was bringing an asp to a gunfight. The other four witnesses were Sgt. Rick Tippins (photographs of the bruise on the defendant’s arm), Officer James Byrnes and Deputy Eric Mertl (finding the letter in the defendant’s cell in which he tried to manufacture a mental defense), and investigating officer Sgt. Jeff Liu. One defense witness (defense investigator John Maness) testified about the PAL market security video with the dispatch audio laid over the video and photographs of the defendant’s car. The trial is in recess Friday and Monday (defense attorney family event) and will resume on Tuesday at 9:15 with the final prosecution witness. The defendant remains in custody on no bail status. The defense attorneys are Charlie Robinson and Eric Liberman.
One final witness on for the Prosecution on Tuesday. Then the defense starts with their witnesses.
I skipped a few days of blog. The trail has become quite difficult for me. Pictures, explicit description by the criminologists and the forensic specialists. I missed several hours on a couple days, and missed yesterday completely. I felt much better today. A good day, thankful the forensics are finished. It is a real pleasure watching Mr. Wagstaffe question each witness.
Our family thanks all of you for the growing number of emails of support. It looks like there is a possibility that the case will go to the jury by Thanksgiving. If this is true, the trial is going quicker than I expected.
Good Night, Rick
-49th day of jury trial was completed in Dept. 9, Judge Craig Parsons. The tenth day of prosecution evidence was presented and five witnesses testified. David Rose, the prosecution use of force expert, testified all morning and half the afternoon. He testified that Officer May had reasonable cause to the defendant and his use of the police asp to strike the defendant on the arm was not excessive use of force. He stated that when the defendant took out his handgun, the officer was fatally “behind the curve”. He testified that Officer May did not use excessive force but actually used inadequate force in light of the facts he did not know: that the defendant was a parole with a loaded handgun. He stated that Officer May unknowingly was bringing an asp to a gunfight. The other four witnesses were Sgt. Rick Tippins (photographs of the bruise on the defendant’s arm), Officer James Byrnes and Deputy Eric Mertl (finding the letter in the defendant’s cell in which he tried to manufacture a mental defense), and investigating officer Sgt. Jeff Liu. One defense witness (defense investigator John Maness) testified about the PAL market security video with the dispatch audio laid over the video and photographs of the defendant’s car. The trial is in recess Friday and Monday (defense attorney family event) and will resume on Tuesday at 9:15 with the final prosecution witness. The defendant remains in custody on no bail status. The defense attorneys are Charlie Robinson and Eric Liberman.
One final witness on for the Prosecution on Tuesday. Then the defense starts with their witnesses.
I skipped a few days of blog. The trail has become quite difficult for me. Pictures, explicit description by the criminologists and the forensic specialists. I missed several hours on a couple days, and missed yesterday completely. I felt much better today. A good day, thankful the forensics are finished. It is a real pleasure watching Mr. Wagstaffe question each witness.
Our family thanks all of you for the growing number of emails of support. It looks like there is a possibility that the case will go to the jury by Thanksgiving. If this is true, the trial is going quicker than I expected.
Good Night, Rick
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