The attorney for Deputy Dist. Atty. Wayne Mayer, who is charged with stealing a power saw and drill from a parked pickup truck, said Tuesday that his client was under considerable stress at the time of the incident and does not recall stealing the tools.
In his opening statement to the jury, defense attorney Peter Hughes did not deny that Mayer stole the tools but said he does not recall taking them. Hughes turned the stolen tools over to prosecutors a few days after the incident, when Mayer was confronted by police officers who were given the license number to Mayer's motor home.
Hung Jury in First Trial
Mayer, 41, is being tried a second time on petty-theft charges. His first trial last month on the misdemeanor criminal charge ended when jurors deadlocked 9-3 for conviction.
Hughes, who did not make an opening statement at the first trial, said Mayer was plagued by stress, alcohol and domestic problems at the time of the June 14 incident. These problems were exacerbated by Mayer's role as co-prosecutor at the second trial of Sagon Penn, who was cleared of major charges in the shooting death of one policeman and the wounding of another officer and a civilian ride-along.