Crime & Safety

Road Rage Killing: Defense Requests Cell Phone Memory Card

Court sets July 6 deadline for district attorney's office to provide requested evidence.

The defense for a Livermore man charged with a road rage killing believe he may have angered the victim by trying to snap a cell phone picture.

In Cort Holbrook's brief court appearance Friday morning at the Gale-Schenone Hall of Justice in Pleasanton, Judge Jacob Blea III set a July 6 deadline for the district attorney's office to hand over the phone's SIM card and other requested evidence to defense attorney Eric Schweitzer.

During the fight, Holbrook, 41, attempted to take a cell phone photo of victim Ricky Ziesmer of Fremont to assist police.

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"Our theory is that enraged Ziesmer," Schweitzer said.

The defense also is awaiting further toxicology reports done on Ziesmer.

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Schweitzer previously told Livermore Patch that he suspected Ziesmer may have been under the influence of drugs or alcohol during the fight. He requested a toxicology report on March 18, which was conducted three days later.

, 48, had a criminal history of in several East Bay cities, including Pleasanton, Newark and Hayward, according to court records obtained by Livermore Patch.

A preliminary toxicology report was provided to Schweitzer earlier this week, with results he called "interesting."

"I believe evidence will show Mr. Ziesmer may or may not have been intoxicated," Schweitzer said. "I don't believe the sample is pristine."

Meanwhile, Schweitzer has appealed the court's April 22 decision to set a $3 million bail to keep Holbrook in custody. Schweitzer has stated the high bail amount exceeds the countywide bail schedule.

Court records of the bail hearing show Blea said:

 "I believe Mr. Holbrook presents an extreme danger to the community. I believe that he, based on the fact patterns that I have been able to review, and in spite of counsel's documentation with regard to his stability, is not stable.

And while the schedule is there for our use, it was my consideration that bails as high as $5 million would be appropriate in order to make sure the defendant does not get out of jail pending this proceeding. And I've seen it [sic] understanding that the schedule calls for 2.5. I did not raise it to five million; I raised it to three million."

The appeal was filed with Judge Larry J. Goodman at the Rene C. Davidson Courthouse in Oakland. Schweitzer said there is no timeline on when he expects the court to decide on the appeal.

In a writ of habeas corpus filed May 12 requesting Alameda County Superior Court review the bail, the defense also discusses three incidents where Holbrook, in custody at Santa Rita Jail in Dublin, went into insulin shock due to not receiving medication for his diabetes or receiving meals at inappropriate times.

In a with Livermore Patch during visiting hours at Santa Jail in Dublin, Holbrook said he is a software programmer, married and a father of two children. He also said he recently graduated from the police citizen's academy.

Alameda County Deputy District Attorney Chris Lamiero previously described Holbrook as "the kind of guy who likes to think of himself as a tough guy."

The incident began on First Street in Springtown.

Holbrook, who was driving his 2003 Chevy Silverado pickup, told police that Ziesmer started the incident by drifting into his lane several times and nearly colliding with him, according to a filed in court by the .

Ziesmer was driving a 2002 Chevrolet Cavalier owned by his girlfriend, of Newark, who was in the passenger seat.

Her account differs.

Morgan said in an with Livermore Patch that Ziesmer merged into a lane on First Street when Holbrook, who was driving behind them, blared his vehicle's horn.

Holbrook and Ziesmer eventually pulled into a downtown parking lot on Old First Street near the and .

During the fight in the parking lot, Ziesmer punched Holbrook in the face, knocking him to the ground, according to the probable cause statement.

After this Ziesmer walked away because he was done proving his point, Lamiero said.

Holbrook then pulled himself off the ground. He reached for his cell phone and attempted to take a picture of Ziesmer to assist police, Schweitzer said.

After Holbrook pulled out his cell phone, Ziesmer charged back toward Holbrook, Schweitzer said.

As the confrontation continued, Holbrook reached into his driver's door compartment, retrieved a dagger and stabbed Ziesmer in the upper chest, according to court records.

Lamiero described the weapon used in the stabbing as being in a "T" shape.

If the defense receives the recently requested evidence by the July 6 deadline, a preliminary hearing is scheduled for 2 p.m. July 21 in Department 703 at the Gale-Schenone Hall of Justice. If necessary, the hearing would continue all day on July 22.

The hearing dates likely will be pushed back if the July 6 deadline is not met, Schweitzer said.


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