Post by CCADP on Aug 30, 2005 5:43:41 GMT -5
From Argus
Man: I'm not guilty in cop killing
Trial for Newark resident moved to Oakland at lawyers' requests
By Ricci Graham, STAFF WRITER
HAYWARD — A 23-year-old Newark man accused of gunning down San Leandro police Officer Nels "Dan" Niemi pleaded not guilty Monday.
Irving Ramirez, who goes by the street name "Gotti," is charged with the shooting death of Niemi and three special circumstances that could bring the death penalty if he is found guilty.
The next stop for Ramirez will be a preliminary hearing that was scheduled for Oct. 3 by Superior Court Judge Alfred Delucchi at the Rene C. Davidson Courthouse in Oakland.
The trial, which will be in Department 11, was moved to Oakland to accommodate Ramirez's defense attorney, Oakland-based Deborah Levy, and Alameda County District Attorney Tom Orloff, who will be trying his first case in more than a decade.
"They wanted to get the case over to Oakland, which is a bit unusual," Levy said. "But Orloff's office is in Oakland, as is mine."
Several uniformed San Leandro police officers attended Monday's hearing and watched as Levy entered Ramirez's plea before Delucchi in Department 502 at the Hayward Hall of Justice.
A Salvadoran national who was in the United States illegally but was waiting for federal officials to weigh his application for political asylum, Ramirez is accused of shooting Niemi — a 42-year-old father of two — seven times as the officer investigateda disturbance and loitering call July 25 on the 14700 block of Doolittle Drive.
According to a police report filed with the district attorney's office, Ramirez feared Niemi would conduct a search and find that he had two handguns, a shotgun and drugs.
Police records filed with the case state Ramirez admitted shooting Niemi to his
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girlfriend while the two were at his mother's Newark home the night the officer died. At least three witnesses reportedly told San Leandro homicide investigators that Niemi was running an identification check on Ramirez when the man pulled out a semiautomatic pistol and shot the officer seven times in what detectives say was an execution-style shooting.
Levy said her client entered a plea of not guilty in part because at least one of the three special circumstances filed against him — lying in wait — appeared "to be a reach" by the district attorney's office.
"I don't think that applies at all," Levy said. "I think (the district attorney's office) is throwing in everything they can."
Levy said there is no debating the other two enhancements: murdering a police officer to avoid arrest and murdering a police officer while in the line of duty.
Ramirez smiled and motioned to his uncle and cousin, who were in attendance during his third court appearance, but Levy said her client's seemingly jovial appearance should not be misinterpreted.
"He's nervous, and he's scared to death," Levy said of Ramirez. "I certainly can't say he's in a good mood. I think he's accepted the fact that he's going to be in custody for a while.
"He just wanted to make sure (that they know) he's OK ... and don't worry too much."
Man: I'm not guilty in cop killing
Trial for Newark resident moved to Oakland at lawyers' requests
By Ricci Graham, STAFF WRITER
HAYWARD — A 23-year-old Newark man accused of gunning down San Leandro police Officer Nels "Dan" Niemi pleaded not guilty Monday.
Irving Ramirez, who goes by the street name "Gotti," is charged with the shooting death of Niemi and three special circumstances that could bring the death penalty if he is found guilty.
The next stop for Ramirez will be a preliminary hearing that was scheduled for Oct. 3 by Superior Court Judge Alfred Delucchi at the Rene C. Davidson Courthouse in Oakland.
The trial, which will be in Department 11, was moved to Oakland to accommodate Ramirez's defense attorney, Oakland-based Deborah Levy, and Alameda County District Attorney Tom Orloff, who will be trying his first case in more than a decade.
"They wanted to get the case over to Oakland, which is a bit unusual," Levy said. "But Orloff's office is in Oakland, as is mine."
Several uniformed San Leandro police officers attended Monday's hearing and watched as Levy entered Ramirez's plea before Delucchi in Department 502 at the Hayward Hall of Justice.
A Salvadoran national who was in the United States illegally but was waiting for federal officials to weigh his application for political asylum, Ramirez is accused of shooting Niemi — a 42-year-old father of two — seven times as the officer investigateda disturbance and loitering call July 25 on the 14700 block of Doolittle Drive.
According to a police report filed with the district attorney's office, Ramirez feared Niemi would conduct a search and find that he had two handguns, a shotgun and drugs.
Police records filed with the case state Ramirez admitted shooting Niemi to his
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girlfriend while the two were at his mother's Newark home the night the officer died. At least three witnesses reportedly told San Leandro homicide investigators that Niemi was running an identification check on Ramirez when the man pulled out a semiautomatic pistol and shot the officer seven times in what detectives say was an execution-style shooting.
Levy said her client entered a plea of not guilty in part because at least one of the three special circumstances filed against him — lying in wait — appeared "to be a reach" by the district attorney's office.
"I don't think that applies at all," Levy said. "I think (the district attorney's office) is throwing in everything they can."
Levy said there is no debating the other two enhancements: murdering a police officer to avoid arrest and murdering a police officer while in the line of duty.
Ramirez smiled and motioned to his uncle and cousin, who were in attendance during his third court appearance, but Levy said her client's seemingly jovial appearance should not be misinterpreted.
"He's nervous, and he's scared to death," Levy said of Ramirez. "I certainly can't say he's in a good mood. I think he's accepted the fact that he's going to be in custody for a while.
"He just wanted to make sure (that they know) he's OK ... and don't worry too much."