Death - or - Life Without The Possibility of Parole

Death - or - Life Without The Possibility of Parole. A Sunday evening reminder to those who are emailing. There are only two possibilities to the outcome of this trial. Alberto Alvarez will never see the streets again. His shooting of a police officer that only asked him to stop running away from him, and then stepping up to add execution shots as the officer lay on the ground - will only end with one of these two possibilities. The killing of a police officer requires only these two penalties. The execution shots require that this unbelievable person be put to death. There should not be a second option.

Rick May
Rich's father
http://www.officerrichardmay.com/

Alvarez Admits on the Stand that he Shot Officer May, followed by EXECUTION style shots while Officer May was on the ground

The Murderer of Officer Richard May took the stand on Thursday. There was no defense of his actions. He admitted to the killing of a police officer. He spoke clearly about his full time job – a drug seller. But spoke vaguely about his killing of Rich. He spoke about his sale of meth during the morning and what he ordered to eat at the taqueria that afternoon. Alvarez knew he had a thousand dollars in his pocket. But could not explain how he stepped up to Rich on the ground and fired shots again – in execution style.

We know from the evidence that Alvarez fired first and fired several times. Rich was able to get his gun out and fire one shot as he fell backward, hitting Alvarez in the leg.

Alberto Alvarez did his best to look meek and quiet on the stand. He amazingly stated that Rich shot first, hitting him in the leg. Then he described how Rich simply stood there pointing his gun at Alvarez doing nothing while Alvarez fired many times in “self defense”. The prosecutor, Steve Wagstaffe, spent three hours showing the jury that Alvarez lied about everything he described.

My opinion of the surprise placement of Alvarez on the stand – the defense had nowhere to go but up. The defense team was looking for a sympathetic juror. To date, the defense has been very weak in their attempt to save Alvarez from the death penalty. Alvarez was coached well before he took the stand. He was quiet, and continued to say that he could not remember much.

The second witness of the day was the defense’s Use of Force “expert”. This “expert” stated that in his opinion, Rich should not have tried to stop Alvarez in the manner that he did. We do not know what words were exchanged between Alvarez and Rich during the short period that Alvarez (an armed Felon) was running from Rich, and then turned on Rich with his gun, and then firing. The prosecutor, Steve Wagstaffe, had the “expert” admit that his knowledge of the use of force was limited. In addition, the “expert” witness admitted that he was fired from his last job as Police Chief in a small town in Washington State, for cause. A key reason was a full vote of Non Confidence by the police and city personnel. It seems that he is not really an expert – but a person the defense had to go far to find to support their opinion. Probably the most damaging statement from the “expert” witness for the defense was when he admitted his first report to the defense attorneys stated that Rich “probably” used the wrong choice of force in attempting to stop Alvarez. Once the Defense team reviewed the report, it was returned and changed by the “expert” to state that Rich “did” use the wrong choice of tactics. Amazing – for an “expert”. This witness returns on Monday morning for further questioning by Wagstaffe.

For All the Marines I met Today - Veteran's Day

THE FINAL INSPECTION

The Marine stood and faced God,
Which must always come to pass.
He hoped his shoes were shining,
Just as brightly as his brass.
'Step forward now, Marine,
How shall I deal with you?
Have you always turned the other cheek?
To My Church have you been true?'

The soldier squared his shoulders and said,
'No, Lord, I guess I ain't.
Because those of us who carry guns,
Can't always be a saint.

I've had to work most Sundays,
And at times my talk was tough.
And sometimes I've been violent,
Because the world is awfully rough.

But, I never took a penny,
That wasn't mine to keep...
Though I worked a lot of overtime,
When the bills got just too steep.

And I never passed a cry for help,
Though at times I shook with fear.
And sometimes, God, forgive me,
I've wept unmanly tears.

I know I don't deserve a place,
Among the people here.
They never wanted me around,
Except to calm their fears

If you've a place for me here, Lord,
It needn't be so grand.
I never expected or had too much,
But if you don't, I'll understand.

There was a silence all around the throne,
Where the saints had often trod.
As the Marine waited quietly,
For the judgment of his God.

'Step forward now, you Marine,
You've borne your burdens well.
Walk peacefully on Heaven's streets,
You've done your time in Hell.'
Author Unknown~

50th Day of the Murder Trail of Officer Rich May

-50th day of jury trial was completed in Dept. 9, Judge Craig Parsons. The eleventh day of prosecution evidence was presented and two witnesses testified. The testimony of Sgt. Jeff Liu was completed and firearms expert Andy Smith testified as the prosecution 60th and final witness. His testimony was completed at 2:15 and the prosecution rested its case. The jury was released for the day and the defense section 1118.1 motion for judgment of acquittal was argued. The court denied the section 1118.1 motion in its entirety. The trial resumes Thursday morning at 9:15 with the start of the defense case. The defendant remains in custody on no bail status.

Photo - Marine Boot Graduation. Me,Rich and the Drill Sergeant

http://www.officerrichardmay.org/

Happy Birthday - US Marine Corps

Today is the Birthday Celebration of the United Stated Marines. Rich was a proud member of the Corps. In his Honor, a Marine in full dress uniform attended for a half hour this morning.

SEMPER FI

A Picture of Officer Rich May

Every day in the court, I am reminded that no picture of Rich prior to the murder is allowed. My guess is that a picture of Rich will greatly bias the jury. They will see an intelligent young man, a good father, a friend to all, and a person who loved his job. A person so involved with his friends that everyone can state he was their "Best Friend"

So, for the lack of a picture in court, here is a nice picture of Rich with Deanna and Lauren

Friday - No Court Today

Every Friday during the Murder trail, Judge Parsons takes care of his many other Calendar items. A Special note - Judge Parsons runs a strong and clear process in the courtroom. In addition, his Bailiff, Officer Baker, runs the daily tasks of the court. A good operation.


In answer to emails received. First, a definition of the outcome of this trial. There is no question that Alberto Alvarez shot and killed Officer Rich May. The defense team admitted this fact during their opening statement. At the end of this trial, Alberto Alvarez will face either LIFE without the possibility of parole, or the DEATH penalty. The prosecution is presenting a case for the death penalty, which includes the fact that Alberto Alvarez approached Officer May, wounded on the ground, and shot him again. An execution. The defense team is hoping to convince the jury that Officer May stepped outside his authority in telling Alberto Alvarez to stop running away from him, which ended in a shootout that apparently Alberto Alvarez felt necessary to defend himself. And, the final executionstyle shots are not execution if Officer May was already dead - an amazing proposition. If the jury accepts this presentation, then Alberto Alvarez will get Life without the possibility of parole

Finally, a picture of my home at the San Mateo County Courthouse.


Rick May

http://www.officerrichardmay.org/

People v. Alberto Alvarez - Murder Trial of Officer Rich May

(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

Autopsy Photos of Rich May

This is a brief note - I did not go to the courtroom as the autopsy was discussed - with pictures of Rich.

I would like to keep the pictures I have in my mind of the fun young man who went every where with me and I went every where with him. Fishing. PTA meetings. School Trips. Youth sports. High School swimming events. High School Choir. Disneyland. Pictures of Rich in the Marines. I have many photos in my mind.

I am not going to add to these memories.

My guess - next week may be a lot of "CSI" type of witnesses. DNA. Hand prints.

http://www.officerrichardmay.org/

44th Day of Officer Rich May Murder Trial

An educational day for the public on how public service agencies come together for critical events.

By the numbers. Wednesday was the fifth day of prosecution evidence, with twelve witnesses testifying during the day. Wednesday was the 44th court day since the jury selection process started.

The day was interesting because Mr. Wagstaffe, Chief Deputy District Attorney, started the day with the East Palo Alto Police Sergeant emotionally describing her view of Rich on the ground as she drove up to the crime scene on Weeks Avenue. The witness process started with the description on how the East Palo Alto Police Chief asked Sheriff Greg Monks to take command of both the crime scene and the search for the murder suspect. This request triggered the setup of the Critical Event Command Center at the East Palo Alto Police Department. We learned from the Sheriff’s Sergeant, who arrived shortly and established the command post. The Sergeant set up commanders for each task – such as perimeter control around the neighborhood where the murder suspect was apparently hiding, press liaison, Swat teams if needed, teams of officers going door to door, etc. You need to remember – at this point in time, the suspect could be holding a resident family hostage, hiding in the brush, etc. – and is armed. Each door to door event included Swat members. After an hour or two, a Sheriff’s Department Captain whose responsibility is Critical Events arrived to take command of the teams working from the command center.

The command center requested the services from a special agent with the Department of Justice. This agent’s specialty was tracking cell phones. He came to the command post and helped initiate the document necessary for a judge to sign, authorizing the access to the murder suspect’s cell phone. The access included calls coming into the cell phone and calls going out of the cell phone. Of most importance, the agent was able to see the general location of the cell phone – which was within the area under perimeter control.

Once the murder of Officer May happened, and it was apparent the suspect was in the area and on foot, mutual aid was requested. There was a need for officers to help in the search, barricade streets around the search area, work on communications, and much more. Officers came from departments around the bay. The Highway Patrol, local police departments, federal agencies, and Sheriff Departments responded. It is estimated that there were approximately 275 officers in various active tasks through the night. This included teams who went to addresses of the suspect, and searches for the suspect’s friends who were talking by cell phone with the suspect. A very important search component of the night was the light from the helicopter. The Highway patrol kept a helicopter in the air over the search neighborhood all night. The bright search light was on and moving back and forth across the search area. Moving a backup helicopter into the air when the one over the scene needed to take a break – all night! The goal was to keep the suspect from moving in the dark across yards and fences.

The final witnesses included the two Pacifica Police Officers and the Sheriff’s Officer manning an intersection as part of the perimeter. Like all the other officers, they were doing their job, all night in the cold of January, controlling an intersection as part of the perimeter control. Shortly before 6 AM on the morning after the murder, a small car approached the three officers, coming out of the search area. The car kept moving slowly toward the sheriff officer who was in the street lane holding his hand up and yelling STOP. The car kept moving. The officer drew his service weapon and aimed at the driver requesting again to stop. This time, the car stopped. As the Pacifica officers approached the car from the driver’s side, they saw someone crouched down in the back floorboard. One of the officers immediately drew his weapon and demanded the person hiding in the back to show his hands. It was approximately 14 hours after Rich’s murder on Weeks street in East Palo Alto. Alberto Alvarez sat up and held his hands up.

Trial - Wednesday Morning - A Catch Up

I expect that by the end of today, Mr.Wagstaffe will have presented about 20 witnesses for the prosecution. Approximately 40 more to go. For the last day and half, we listened to neighbors on Weeks street explaining what they heard, and what one neighbor witnessed first hand. As the trial continues, I expect that we will soon move to crime scene experts.

Some general notes in response to all the email I am getting. First, YES, it is cold at night in the motor home. I try not to turn everything on unless I need to.

My evenings are usually busy. With the amazing support from the San Mateo County Sheriff's office, specifically Sheriff Greg Munks and Lt. Vickie O'Brien, and the many Redwood City officers who visit, I am kept very busy with coffee and conversation. Thank you!

I park in the employees lot during the day (sorry to those employees for my use of 5 parking spaces) and then back into the maintenance/fuel building for the night to plug into power. The OES stepped up and is providing power where I park during the day. Thank you! Prior to today, I got up each morning in the dark/cold and unplug, wrap up the cables, and move out into the lot - then back into the power each night. After today, no more moving.

The court is open to the public, normally operating Monday thru Thursday. The Courts are closed on the third Wednesday of each month. Second floor of the San Mateo County Courthouse, Judge Parson's court.

For one question - yes the court is very automated. I watch as the attorneys use their laptops on their table - and once in a while sending a document or picture to a printer and then turning to retrieve their document as needed for the trail. When the trial started, Judge Parsons asked the jurors to not read papers or watch TV or talk with relatives, or anyone about the trial. He added "Facebook", Twitter", and others. The instructions have been updated.

On Tuesday, a class and instructor came in and observed for part of the trial.

An important note - I am staying in a luxury 40 foot motor home. This motor home was donated to my family for the trial so we did not have to stay in a hotel for these two plus months. Mr. John Dallaire of Atascadero is the kind gentlemen who provided this motor home. It is 20 years old, and shows signs of weather on the outside - but has everything available to motor homes 1989. Still, I try to not use anything unless necessary, so tonight the extra covers come out. If you are in the area, come by and say hi. Only rules - I cannot talk about the trial or related subjects.

My best meal so far - cheerios and bananas with my granddaughter. Deanna, Rich's first daughter, lives here in Redwood City. She spent a large part of her life growing up at our house. She is a senior at Menlo-Atherton High School and still visits our home in San Luis Obispo a couple weekends a month. She was just down for homecoming at SLOHS. Anyway, she eats cheerios when she is down. For dinner two nights ago, she brought the cheerios and milk. I had the bananas.

Showers - yes, I am learning to take a shower in less water than I use for the coffee pot.

Well, that answers the questions I can answer in the emails.

Please excuse my delay in the blog. I have a couple companies to run. I am working at both ends of the day. Tired, but still here. (As I sit here writing this blog, at 6:45 AM, already up for a couple hours working - my cell phone 'wake up' alarm just sounded).

Rick

Rich May Murder Trial -- Father's Blog Will Continue

(Picture of Cedric Adams of San Luis Obispo Police Department. Cedric was possibly Rich's FTO at Lompoc Police Department. Cedric is wearing Rich's badge #33 on his duty - on the anniversary of Rich's death)

Hello to all...

I will return to creating a daily Blog on the court proceedings. I received mail asking that I continue with my notes. I will, and will be careful in what I record here.

Two comments this Friday evening from my new courthouse parking lot home. First, I must commend all people who become part of a jury. This can be a half day service, or a two day service. In the case of this jury trial, two plus months. This jury has a long road ahead. I commend these local citizens for their participation.

Second, Judge Parsons is doing a great job running the trial. Very clear guidelines and good decisions on allowing or disallowing objections/further questions.

More Monday evening after Monday's trial.

Rick

www.OfficerRichardMay.org

www.OfficerRichardMay.net

Embedded at the Murder Trial

Hi:
Rich's father here. There is no court today, as for all Fridays during the trial.
I am here at the courthouse in a motor home. You can find me in the county parking lot. Come by for coffee. I can talk about Rich as he grew up, High School, and the Marines, but nothing specific about the trial.
Rick May

Second day of Officer Rich May Murder Trial

Rich and Deanna (now a senior in high school)

It is time for me to discontinue specific trial coverage.  After watching the District Attorney's office and Defense attorney presentations, I recognize that I must not make any comments.  I have been told that the defense reads this blog to see if there is anything for them to learn.

Thus, I will only write notes when there is something important for me to cover that will not influence the court process.

If you have questions, send me a note at rmay@rji.cc

Rick May

Officer Rich May's father

http://www.officerrichardmay.org/

http://www.officerrichardmay.net/

...IN THE LINE OF DUTY....

In the San Mateo County Courthouse lobby, there is a display dedicated to the county officers who gave their lives in the line of duty.  If you look at that display today, you will see parts of the display taped over.  The words " in the line of duty " are temporarily covered.

From The Palo Alto Daily News: "There is no dispute that Alvarez did shoot and kill East Palo Alto police Officer Richard May, lead defense attorney Charles Robinson said in his opening statement Monday afternoon. But he acted in self-defense against excessive and unlawful police force employed by May, he said.  Robinson argued for a charge of second-degree murder and voluntary manslaughter. There was no special circumstance because May was not acting in his lawful capacity as a police officer, Robinson said."

The defense attorneys requested, and the judge agreed, that the words "in the line of duty" should be covered until it is determined that Rich was operating withing the law as a police officer.  The defense team does not want a juror to see the wording.   I may not agree, but I understand with the judge in his ruling.

I look forward to the return of  "IN THE LINE OF DUTY". 

Rick May, Sr.

http://www.officerrichardmay.org/

http://www.officerrichardmay.net/

Three Years, Nine Months, Twelve Days

It has been three years, nine months, and twelve days since Officer Richard May, Jr. was shot and killed on duty in East Palo Alto.  Today, Steve Wagstaffe, Chief Deputy District Attorney, presented the peoples case to the jury.  It was impressive.  A great day in court!

The Officer Rich May Murder Trial Starts on October 19th

Rich and his Father and DI at Marine Corps Boot Camp Graduation

The 23rd day of jury selection was completed and in the morning nine additional prospective jurors were questioned for cause. One of the nine jurors passed for cause and the other eight were excused for their views on the death penalty. Of the extra 145 jurors brought in after the court ran out of jurors last week, eight jurors were passed for cause; since there was one juror who called in sick last Thursday, there will be nine jurors to fill out the five alternate juror seats. The final selection of alternate jurors will take place Monday morning at 9:00. The court will then pre-instruct the jury and the prosecution and defense opening statements will be presented in the morning. The prosecution will start presenting witnesses and evidence Monday afternoon.


The trial will be in session only on Monday and Tuesday next week. Wednesday is a court furlough day (third Wednesday of each month is a state-wide court furlough day to save money). Judge Parsons granted the defense request to be out of session on Thursday (one of the defense attorneys had a family matter to attend to). The trial is in recess on Fridays throughout the trial. So it will be a slow start with just two days of evidence. We have a full four day week the following two weeks (October 26 and November 2.)

After three weeks of motions in March and nine weeks of jury selection starting in August, it appears the trial will finally begin next week.

http://www.officerrichardmay.org/

http://www.officerrichardmay.net/

The 5 Alternate Jurors Will be Seated on Monday - October 19th

This Picture - is the plaque being placed at San Luis Obispo High School by Rich's Class of 1985 - below a modern lighting system at the new entrance to the high school

Today we finished the 37th day of jury trial overall and 22nd day of jury selection. 20 jurors returned to court for general questioning and 5 of these jurors were passed for cause and directed to return on Monday, October 19, 2009 9:00 for the final jury selection and start of the trial. Fifteen jurors were excused for cause (seven anti-death penalty, four automatic death penalty for officer murder, and four for general reasons (one juror is married to a police officer and could not be fair and impartial; another juror’s son is a police officer and same reason.) Eight jurors have been cleared for cause for the final selection of alternate jurors on Monday morning. Jury selection resumes Thursday morning at 9:00 with questioning of the remaining nine jurors.

http://www.officerrichardmay.org/

http://www.officerrichardmay.net/

Questioning for the 5 Alternates Starts

The 36th day of jury trial was completed today. Further jury selection to get potential jurors for the alternate juror seats was conducted all day.

In the morning 69 new prospective jurors were questioned for hardship and 15 of the 69 jurors were passed for hardship and requested to fill out a questionnaire. They will be questioned Wednesday and Thursday this week. In the afternoon 10 jurors (who were passed for hardship last Thursday afternoon) were questioned generally and 2 of the 10 jurors were passed for cause. The other eight were excused from jury service. The two jurors passed for cause were directed to return Monday morning, October 19, 2009 9:00 for the completion of jury selection and start of the trial.

Jury selection resumes Wednesday morning at 9:00 with questioning of another 10 jurors in the morning and 10 jurors in the afternoon.

www.OfficerRichardMay.org

Full Note of the requirement to interview more Jurors, for Alternates

While it is very unfortunate that we did not have enough jurors to get our alternate jurors, the 12 jurors that were selected for our primary jury are all solid citizens and a fair and just consideration of the evidence should follow.

Of the 65 jurors who we previously passed for cause, 19 of them came into court today and made new requests to be excused from jury duty. Some requests were valid (i.e., three jurors who had been unemployed for lengthy periods of time had found work and would lose their new jobs if required to serve on this jury) and some were not. Judge Parsons granted 12 of the 19 requests, thus reducing our panel to 53. Another two jurors were deferred duty now but told to come back next week as part of the panel of jurors for the alternate juror seats.

The selection of the 12 primary jurors was completed after the prosecution and defense excused 28 jurors using 14 peremptory challenges each. The primary jury is comprised of six men and six women. Selection of the five alternate jurors was conducted until the panel was exhausted after each side exercised three peremptory challenges. The 12 primary jurors and the five prospective alternate jurors now occupying the alternate seats were directed to return on Monday October 19, 2009 9:00 for completion of the selection process with the new jurors followed by the opening statements and start of the prosecution evidence.

In the afternoon jury selection started over and a new panel of 75 jurors was brought into court for hardship inquiry and they will return on Tuesday and Wednesday for individual questioning. The trial is in recess Friday and Monday (Columbus Day - court holiday). The trial resumes Tuesday morning.

As noted above, opening statements will be presented Monday morning, October 19, 2009.

www.OfficerRichardMay.net

Opening Statements Delayed Until Monday, 10/19

A quick note - A Jury of 12 was selected today. The 5 alternates need to come from a new set of prospective jurors. New questioning should start on Tuesday, 10/13

www.OfficerRichardMay.org