P. v. Shearer CA3
After a jury found defendant Peter Brian Shearer guilty of elder abuse, assault with a deadly weapon, and making criminal threats against his neighbor, he moved for a new trial based on a newly discovered police report that concerned a mental health episode the neighbor suffered in 2000. The trial court denied the motion finding the police report merely constituted impeachment evidence, it was cumulative to other evidence that already showed the neighbor’s mental instability, and it was unlikely the jury would have reached a different result had the report been presented. The court sentenced defendant to serve 14 years in state prison.
On appeal, defendant contends the court erred in denying his new trial motion because the police report showed the neighbor, the prosecution’s primary witness, suffered from delusions thus making it likely the jury would have acquitted him had his counsel had the opportunity to use the report during cross-examination.
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