Opening statements are underway in a downtown courtroom in the murder trial against Miguel Magallon, who is accused of killing Los Angeles Police Captain Michael Sparkes on a street corner near Gardena in 2004.
So far, Deputy District Attorney Darren Levine has laid out his case against Magallon, who is facing the death penalty. Magallon turned 26 today.
Before the jury was brought in, Los Angeles Superior Court Judge Kathleen Kennedy said she had some security concerns. Magallon, it seems, is not behaving himself in jail. Over the weekend, he slashed a jailer who was attempting to save another inmate from being killed by Magallon and another inmate. The deputy was slashed on the hand with some kind of razor that was flushed down the toilet before the cell could be searched. Magallon will spend the trial with one leg shackled, over his attorney's objections - who said Magallon has had no problems during the three weeks it took to pick a jury.
"The defendant hasn't attacked anybody in court ... yet," Kennedy replied, raising the ire of defense attorney Victor Salerno.
Magallon, who appeared in a blue dress shirt and a shaved head, looked back over his shoulder to someone sitting in the packed courtroom audience and smiled.
Opening statements began with Deputy District Attorney Darren Levine telling the jury that, really, the case is pretty simple:
-There's a co-defendant who told the whole story to the police and during a preliminary hearing. Orvis Anthony said they set out to do a robbery and Magallon saw Sparkes riding his bicycle and wanted to "jack" him. Anthony's previous testimony will be read to the jury.
-There's the AK-47 assault rifle, recovered from Anthony's gang "stash" car ouside his Gardena residence. Ballistics, DNA and gunshot residue all tie Magallon to the military-style assault weapon used by U.S. troops in Afghanistan and Iraq.
-Before dying, Sparkes fired off 16 rounds from his handgun - hitting Magallon in the torso and "marking him for life," Levine said.
-The jury will also hear Sparkes 911 call, made as he lay bleeding on the ground after the first round of shootings and before being fired on moments later from the same suspects on the car.
"Officer down!" Sparkes yelled. "Help me, Jesus.... Come on man, they had, they killed me."
Sparkes was the head of security at County-Harbor UCLA Medical Center, and was on his way to work on his red Schwin before dawn when he was killed.
Trial will resume this afternoon with Salerno's opening statement, The guilt phase is expected to last until late next week. If convicted, there will be a penalty phase.
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