From:
George Kennedy, District Attorney   CONTACT PERSON:
Karyn Sinunu, Assistant District Attorney
(408) 792-2702   For Release on May 19, 2003   PEOPLE V. NICKERSON   Santa Clara County District Attorney George Kennedy will not retry Glen William Nickerson for the 1984 murders of John Evans and Mickie King and attempted murder of another.  Kennedy said although San Francisco federal Judge Marilyn Patel is highly regarded (May 9, 2003, recipient of Rose Bird Memorial Award), the Santa Clara County district attorney holds a stronger case for Nickerson’s guilt than that publicized by Nickerson’s appellate lawyer and found in Judge Patel’s Memorandum & Order releasing Nickerson.  Nevertheless, Kennedy decided over past weeks not to proceed with a second murder trial of Nickerson, even though a jury previously convicted him.  Supporting his decision, Kennedy cited:  

1) the health of the surviving victim
2) Nickerson’s having previously served about 19 years in prison on these murders
3) the hope that age has decreased Nickerson’s criminal propensity
4) the main shooters remain convicted and in prison
5) unavailability of witnesses 
6) other layers put on and around trial issues by time passage.