Barber convicted of murder says mistakes were made during trial. A Fresno judge disagrees
A Fresno County Superior Court Judge on Wednesday denied a request for a new trial from Luis Daniel Lopez, a Fresno barber convicted of second-degree murder for the killing of Alex Solorio, 23.
This was Lopez’s second murder trial. The first ended with a verdict of not guilty of first degree murder on Feb. 16 last year. The jury couldn’t come to a unanimous decision on second-degree murder so the case was retried.
In the second trial, Lopez was convicted of second degree murder in a case prosecuted by Tim Galstan.
But Lopez, 32, and his new defense attorney Michael Aed believe the jury in the second trial got it wrong. They allege there were errors in the jury instructions and his previous defense counsel was ineffective.
Aed said his client deserves a new trial. Judge Arlan L. Harrell disagreed.
“Much of the evidence against the defendant came from the defendant,” Harrell said. “He admitted the killing and the use of a knife. The only issue was if he acted in self defense, or if he was provoked. The court concludes he was not provoked. Basically this was a revenge killing based on all the evidence.”
Victim stabbed 35 times
Solorio’s body was found May 30 by co-workers inside Colima’s Fade Shop as they were about to open the business in the 6700 block of North Blackstone Avenue, near Herndon.
Lopez told police he and Solorio got into a physical fight after a night of drinking inside the shop. Lopez said the fight escalated and he stabbed and killed Solorio in self-defense.
Prosecutor Tim Galstan presented evidence showing Lopez was badly beaten during the fight. But Lopez also fought back, stabbing Solorio 35 times with a pocket knife. Solorio died at the scene.
In his ruling, the judge said all of the elements necessary to prove the case beyond a reasonable doubt were present.
“There has been no miscarriage of justice here, based upon the evidence,” he said. “The allegations against Mr. Lopez are true and that is what the law requires. The motion for a new trial is denied.”
After the hearing, Galstan said he was relieved this phase of the case was over. Solorio’s family members were also grateful, Galstan said.
Aed was not surprised at the judge’s ruling.
“Although we are disappointed with the court’s ruling, we did not necessarily expect the court to grant a motion for new trial,” Aed said.
“It is a difficult case and nobody is happy about the situation. We were just concerned about some of the problems with the second trial that led to a verdict that was inconsistent with the evidence.”
Aed said the next step for him is to file an appeal.
Sentencing for Lopez is set for Feb. 23. The defendant could receive up to 16-years-to-life in prison.
