Jan 8, 2010 3:09 PM by Courtney Meznarich
The defense in the case of a slain East Palo Alto police officer wants a new trial, and has already written a draft motion that will be submitted sometime next week.
Alberto Alvarez was sentenced to death in December for the shooting death of Palo Alto police officer Richard May. May grew up in San Luis Obispo and worked for the Lompoc Police Department for a decade before moving up north.
The shooting stemmed from a fight at a taqueria in East Palo Alto, that May was responding to.
Alvarez's attorney claims that the judge improperly prevented the defense from presenting any negative evidence about May to the jury, according to the San Jose Mercury. The defense claims that, had the jury known about the officer's bad temper, Alvarez may have been given a lesser sentence.
May's family says the defense is only trying to assassinate the character of a man already assassinated, who isn't there to protect his credibility.
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