The San Mateo County District Attorney's Office formally announced today (Thursday) it will seek the death penalty in the case of a man charged with fatally shooting an East Palo Alto police officer in 2006.
Alvarez will go to trial in December and, if found guilty of first-degree murder, the jury will deliberate whether he should receive the death penalty.
Prosecutors believe Alvarez executed May after the officer responded to reports of a fight at a restaurant. Alvarez was found a short time later, hiding in the area of Weeks Street and University Avenue, according to East Palo Alto police.
A grand jury indicted Alvarez on Aug. 25, 2006, and the transcript from the jury was ordered sealed after defense attorneys argued that inflammatory material in the transcript could prejudice a jury, Wagstaffe said.
An attorney for the San Jose Mercury News had argued for the release of the transcript.
A jury trial for Alvarez is scheduled to begin Dec. 1. He remains in jail on no-bail status.
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