SANTA ANA, CA – In a jury trial for a felony murder case in Orange County Superior Court late last week, Deputy District Attorney Mallory Miller requested two prior convictions of the accused be presented to the jury halfway through the trial, but Judge Kimberly Menninger denied the request and deemed it prejudicial.
On Nov 24, 2017, the accused was charged with two felonies: murder and possession of a firearm by a felon.
The accused took the stand in front of the jury stating, “I’ve been waiting on four years for you guys to hear my side of the story.”
The accused noted they grew up in Compton with five siblings, but two of siblings died with a brain tumor and one brother was murdered.
And, despite growing up around gang activity, when asked by defense attorney Cameron Talley, “Have you ever been in a gang? Claimed a gang?” The accused said he had not.
The accused explained in his testimony that he was in his friend’s garage when a gang member who previously had tried to kill the accused in a drive-by shooting showed up.
The man “reached down and then moved his arm up to fire two shots… I felt hot air right by my face. After the shots I ducked behind my truck and reached for my rifle in the back seat.”
The accused shot the rifle in front of where he was standing in warning while saying “Stop!”
When asked why he didn’t shoot at the man, the accused said, “I knew what my mother went through with my brother and I did not want to kill nobody.”
However, the accused then claimed the man raised his gun again and, “at that point he left me no choice… I fired back and shot three or four times.”
Due to the darkness of the garage and alleyway, the accused said he did not know if he had hit the victim, but knew the victim had left so he got into his truck and drove away, fearing for his life.
After a short recess, before the jury was called back into the courtroom, DDA Miller told Judge Menninger, “Mr. Talley did not mention two thefts prior to his conviction,” which included a 2011 felony conviction in LA county and a 2013 conviction in San Bernardino County.
DDA Miller requested to have the information presented to the jury since it indicated moral turpitude and a significant portion of the defense’s argument of self-defense was founded in the accused’s “character of peacefulness” described in character testimony.
Defense attorney Tallery said he had apprised the jury of the accused’s previous felony conviction for commercial burglary but “these were never mentioned… I think it’s too late” to introduce them now.
While looking at the record, Judge Menninger agreed, saying, “I see no notes whatsoever about this topic and I don’t know why… It’s not in your previous agreement with” the defense.
“I don’t want her to bring these up now because if I had known she was going to I would have used them throughout the entire trial,” argued defense counsel Tallery. He claimed it would look to the jury like he was hiding the convictions.
While Judge Menninger said she would normally let this information be used in front of the jury, “I’ve never had a request come in this late… It’s disconcerting.”
Defense attorney Tallery agreed, and reiterated, “I’m almost done with my direct and I’m being informed now for the first time.”
Ultimately Judge Menninger stated, “I’m going to let it be excluded… I think it’s prejudicial and odd to bring it in this late to the case. But, if (the accused) brings it up in any way shape or form,” or claims he has done nothing of the sort in the past, it will be brought up, adding, “I’m not going to let the jury be blindsided.”
As noted by defense attorney Tallery, “Ms. Miller did not do this intentionally,” referring to the fact that these convictions were not in the notes, to which Judge Menninger agreed, saying that if there was evidence of that there would certainly be more to discuss.
The trial is set to continue on Sept. 3.
