He’s the defense lawyer, obviously he wants the charges dropped.
Attorney Jacqueline Goodman said in a motion Thursday that 23-year-old Andrew Thomas Gallo’s designated driver got drunk, so Gallo took the wheel of his minivan instead, which according to the lawyer means that Gallo did not have the “implied malice” needed for second-degree murder charges.
Prosecutors say Gallo’s intent was irrelevant because he still chose to drive.
The hearing on the motion is scheduled for Friday, with the trial scheduled to start next month.
