Some good news about a California cop killer

Still waiting to hear the outcome on Michael Alton, the New York cop killer the parole board has decided to give a chance at parole. But there is good news from the left coast.

Court upholds conviction for killing S.F. cop

(01-13) 18:32 PST SAN FRANCISCO -- A state appeals court upheld a San Francisco gang member's second-degree murder conviction and life-without-parole sentence Thursday for gunning down an undercover police officer, a killing that became an issue in the recent attorney general's election.

David Hill was convicted of murdering San Francisco police Officer Isaac Espinoza, 29, and attempting to kill his partner, Officer Barry Parker.

Hill opened fire with an AK-47 rifle after Espinoza stopped him on a Bayview street in April 2004. Parker was wounded in the ankle.

A defense lawyer said Hill had mistaken the officers for rival gang members who wanted to kill him. Prosecutors said Espinoza had identified himself.

...The jury's conviction of Hill for non-premeditated second-degree murder would have ruled out the death penalty in any event. The conviction is normally punishable by 15 years to life, but carries a life-without-parole term for the intentional killing of a police officer.

In upholding Hill's conviction, the First District Court of Appeal said the trial judge had properly allowed a police gang expert to testify that Hill had planned a revenge killing of another gangster and had chosen the officers as substitute victims.

The court also said a life-without-parole term was constitutional for the "egregious, unprovoked murder of a peace officer."