Thread: Kate Steinle killing: Defense for undocumented immigrant files motion for new trial

Kate Steinle killing: Defense for undocumented immigrant files motion for new trial

December 14, 2017 10:47 am


Jose Ines Garcia Zarate’s defense team led by Matt Gonzalez (second left) exits the courtroom after filing a motion for a new trial in the Hall of Justice in
San Francisco, Calif. Thursday, December 14, 2017. (Jessica Christian/S.F. Examiner)

Attorneys for the undocumented immigrant acquitted of murder in the death of Kate Steinle filed a motion Thursday requesting a new trial on the single conviction jurors returned for illegal gun possession.

Matt Gonzalez, an attorney for Jose Ines Garcia Zarate, is seeking a new trial for his client in San Francisco Superior Court after jurors found him guilty of being a felon in possession of a firearm Nov. 30.

According to Gonzalez, the jury would have acquitted Garcia Zarate of that charge had Judge Samuel K. Feng instructed jurors on momentary possession, a jury instruction that says it is not unlawful for a felon to hold a gun momentarily if the felon is in the process of discarding the weapon.

Gonzalez argued during trial that Garcia Zarate found a gun wrapped in a rag at Pier 14 on July 1, 2015. Garcia Zarate did not know the object was a gun until he picked it up and it discharged a bullet that ricocheted off the ground and struck Steinle in the lower back.

Garcia Zarate then immediately threw the weapon off the pier.

“They believed he picked up an object, he didn’t know what it was, the gun fired, but at that moment he knew it was a gun,” Gonzalez said. “As he threw it, he had this very momentary possession that they felt compelled to convict him of.

“If that’s what happened,” Gonzalez continued, “then it would have assisted them to know that there is a defense to that kind of possession.”
Gonzalez said he asked Feng to instruct on momentary possession but the judge refused.

If Feng rules against the motion for a new trial, Gonzalez is prepared to appeal the conviction.

Feng also set a sentencing date in the trial for Jan. 5.

This is a breaking story. Check back for updates.

http://www.sfexaminer.com/kate-stein...ion-new-trial/

Where the hell is all this big money coming from for a defense team for this illegal alien felon Jose Ines Garcia Zarate???

California taxpayers footing the bill.

Originally Posted by ALIPAC

Where the hell is all this big money coming from for a defense team for this illegal alien felon Jose Ines Garcia Zarate???

The State of California pays 100% legal defense if defendant is subject to deportation.