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Wednesday, Feb. 03, 2010

Zavala defense claims manslaughter, not murder

Defense attorneys in the trial of Jose Zavala this week said their client may have committed manslaughter -- but not murder.

Those comments came Monday as Zavala's defense presented its case in his trial, where he's accused of first-degree murder in the shooting death of 27-year-old Jennifer Hernandez, his ex-girlfriend.

Hernandez was killed in her 3104 Denver Ave. apartment in Merced. Police found her body on Dec. 3, 2007. Prosecutors believe Zavala murdered Hernandez because she was involved with another man.

During his opening statement, Deputy Public Defender Christopher Loethen explained to jurors that Hernandez could have been shot as she and Zavala struggled with a handgun.

While Loethen didn't deny that Zavala shot Hernandez, he said the crime also may have happened in the heat of passion.

On Monday, jurors also heard testimony from Dr. Melissa Piasecki, a psychiatrist and University of Nevada School of Medicine professor.

Piasecki testified for the defense about a two-hour interview she conducted with Zavala in May of last year.

Piasecki said she learned that Zavala had been using methamphetamine since age 13. She testified that longtime use of the illicit drug may have adversely affected his brain development, possibly triggering impulses of anger.

Piasecki said although Zavala said he went to the victim's house to reconcile with her, his methamphetamine use, its effect on his brain and the circumstances of the relationship may have created the "perfect storm" for an angry, impulsive act. "I think when he learned there was another boyfriend, and it was a sexual relationship, he had impulsive anger," Piasecki said.

Under cross examination from Chief Deputy District Attorney Mark Bacciarini, Piasecki acknowledged the scope of her interview with Zavala didn't include a test to determine whether he suffered from a mental disorder or defect.

Zavala has entered a dual plea to the homicide charges -- not guilty and not guilty by reason of insanity.

If Zavala is found guilty, a second phase of the jury trial will take place to determine whether he was sane.

If convicted, Zavala faces a maximum sentence of life in prison.

Reporter Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.