Defense Penalty Phase

We may have one more day of the penalty phase presentations. Then, the Jury will determine if Ablerto Alvarez will receive the Death Penalty or Life Without the Possibility of Parole.

During the first two days of this week, the Jury heard about Officer Richard May - from many family members and friends - the fact that Rich was an amazing person, a good police officer, a missed father, brother, partner, and an excellent family man The jury heard from all these fine people that Rich was a person who spent his full time helping others, and of most importance, .

It is appropriate at this time to add comments from those who email. Many emails, with content I cannot copy here, can be summarized with the most common two words - "FRY HIM". Jury members - do your duty and make a clear statement in support of police officers: the Death Penalty.

Today, Thursday, the defense presented witnesses asking the jury to spare Alberto Alvarez's life. The defendant's mother cried a lot and said the defendant's behavior changed for the bad when his father became a drug/alcohol addict and was gone most of the time; the defense presented a video of family photos of little Alberto Alvarez and family; the mother said she wanted the defendant to live; but on cross-examination she painted a picture of her husband as a good man who was a good father and worked hard (sort of puncturing the defense theory that he abandoned his son and turned him into a criminal by his inattention). The defendant's cousin said he nearly went bad but was sent to Aunt Victoria in San Jose who cleaned up his act and he turned out great (the defendant was also sent to Aunt Victoria but he left after a few weeks because he would not take her discipline). The defendant's high school classmate grew up in East Palo Alto and had a good father who gave him good values and he was able to overcome the gangs and violence (just like the parents of the defendant, but the defendant chose to turn the wrong way). The defendant's sister talked about her brother helping her as a child and asked the jury to let him live. In the afternoon a defense psychologist stated that the defendant is not an evil person or a psychopath and is remorseful (but admitted on cross-examination that the defendant's answers to test questions show a lack of remorse and manipulation and deceitfulness, among many other bad characteristics). In the end, he is just a low-down good for nothing murderer.

The defense did not make any big points today and did not present anything that would sway a juror who is on the fence.