Judge questions trying man a 4th time - Judge threatens to dismiss charges.

Judge questions trying man a 4th time
Judge threatens to dismiss charges.
Posted at 10:59 PM on Thursday, Feb. 18, 2010
By John Ellis / The Fresno Bee

A judge on Thursday threatened to dismiss charges against a Southern California man accused of seriously wounding a woman while trying to kill her father -- unless prosecutors can improve their case.

Jesse David Alvarez, 42, has been in custody more than five years and has endured three unsuccessful attempts to be prosecuted.

"Why should this court allow a fourth trial?" asked Fresno County Superior Court Judge Wayne Ellison.

Ellison told prosecutor Michael Frye he wanted to know how any new trial would be different from the first three "so it is not done simply for harassment of Mr. Alvarez."

Authorities say Alvarez, armed with a silencer-equipped gun, came to a northwest Fresno home on Sept. 24, 2004, with the intent of killing a man. Instead, the gunman seriously wounded the man's daughter who answered the door, and fired shots toward another daughter.

The first trial ended with a jury deadlocked 7-5 in favor of acquittal. Alvarez was convicted in a second trial, but the verdict was overturned on appeal because of jury misconduct. A third trial also resulted in a hung jury.

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