Jury Out 10th Day in Slaying-of-Officer Trial

Jury deliberations go into their 10th day today in the murder trial of Stacy Butler, who is charged with killing a San Diego police officer in 1988.

The San Diego Superior Court jury has asked to have the testimony of five witnesses read back since it began deliberating May 22.

Officer Jerry Hartless, 24, was shot in the forehead Jan. 9, 1988, on Manomet Street in Southeast San Diego after chasing a gang member for two blocks. He died Jan. 31, without regaining consciousness.

If the jury finds the 28-year-old Butler guilty of first-degree murder and special circumstances that the officer was killed while in the performance of his duties, the death penalty could be handed down.

On Tuesday, jurors asked to rehear the testimony of Hartless’ partner, Johan Schneider. The officer testified that he saw Hartless chase a black man who wore something green but was unable to positively identify Butler as that man.

After the jury was told it would take up to seven hours to read back Schneider’s lengthy testimony, the jury withdrew its request in a note to Judge William Kennedy.

The defense contends that Hartless was killed by another gang member he was chasing. Testimony showed that some gang members fled in different directions when they saw Hartless’ police car drive up to them.

The murder weapon was found under a lemon tree in a house where Butler was arrested that night after an unsuccessful search in the same area.

Willie Godine testified that Butler, who appeared out of breath, gave him two handguns that night and said “get rid of these.” Godine said he put them under the lemon tree. Butler’s fingerprints were not found on the murder weapon.