Final Penalty Phase Evidence - Officer Richard May Murder Trial

Erin & Rich


-63rd day of jury trial was completed in Dept. 9, Judge Craig Parsons. The fifth day of the penalty phase was conducted and the third day of defense evidence was presented. Three defense witnesses testified: Dr. Nancy Cowardin, Dr. Rahn Minagawa and the defendant’s father. Dr. Cowardin is an educational psychologist who gave the defendant a battery of tests and concluded he has low normal intelligence, an IQ of 84 and although he has no academic learning disabilities, he has extensive auditory processing disabilities that caused his attention deficit disorder and stunted his growth in school. Dr. Minagawa is a social psychologist who testified about the defendant’s juvenile years and how the absence of his father due to drug addiction, the failure of school teachers to see his deficits, his life in the crime-ridden town of East Palo Alto, and 25 other risk factors influenced the defendant toward the criminal life he adopted (thus he is the product of his environment.) On cross-examination he described in detail the defendant’s extensive juvenile record, the efforts made by others to intervene and steer the defendant away from crime (which he rejected) and his involvement in the street gang. The defendant’s father testified, said his drug addiction was responsible for everything, and asked the jury to spare his son’s life. In rebuttal the prosecution called the defendant’s two parole officers to testify that the defendant’s parents requested his parole be transferred to Merced County where they had moved, that the parole officers approved the move and the defendant told them he did not want to leave East Palo Alto. The trial is in recess Wednesday (mandatory state court furlough day) and will resume Thursday morning at 9:30 with the reading of the jury instructions (20-30 minutes) and the presentation of the closing arguments. The defendant remains in custody on no bail status.