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The attorney for an Albuquerque police officer charged with fatally shooting a mentally ill man is seeking permission to use the man's criminal history during the trial

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ALBUQUERQUE, New Mexico — The attorney for an Albuquerque police officer charged with fatally shooting a mentally ill man is seeking permission to use the man's criminal history during the trial.

Court documents say James Boyd had run-ins with the law going back more than 25 years before he was shot by two officers while camping without a permit in the Sandia foothills, reported the Albuquerque Journal (http://bit.ly/1YTNSx9).

A judge has previously ruled that only information about Boyd's past that officers Keith Sandy and Dominique Perez were aware of at the time of the shooting was admissible.

Sam Bregman, Sandy's attorney, wants to make details from 14 crimes Boyd has been accused of admissible during the September trial. Perez's attorney recently filed a similar motion.

Bregman wrote in his motion that Boyd has a "pertinent character trait of resisting the execution of legal process" that is relevant to the defense's case.

Special prosecutor Randi McGinn has previously argued against mentioning Boyd's past in the case and said allowing that would prejudice the jury.

Bregman is "trying to get rumors into the press to influence the jury pool," she said.

The accusations against Boyd include attacking his mother and sexually assaulting children, according to the motion filed by Bregman.

"The judge will make her own conclusion," Bregman said. "We believe we have made a sound legal argument for why the information should come in."

Sandy and Perez are charged with murder in the March 2014 shooting. They have said they believed a fellow police officer was in danger of being injured by Boyd.

Sandy has retired. Perez was fired and is appealing that decision.

The city has paid $5 million to settle a civil lawsuit brought by Boyd's relatives.


Information from: Albuquerque Journal, http://www.abqjournal.com

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