Michael Grodio
INDIO -- A man is accused of murdering his roommate because the victim "annoyed" him, according to prosecutors but a defense attorney says prescription drugs clouded the man's judgment.
Michael Grodio, 57, is charged with first-degree murder in the Sept. 9, 2007, death of 56-year-old David Brian Tarlow, who was shot in the back in a trailer at a mobile home park on Langlois Road outside Desert Hot Springs.
Grodio, who also faces a sentence-enhancing allegation of use of a firearm, faces 50 years to life in prison if convicted.
In his closing argument, Deputy District Attorney Christopher Ross told the six-man, six-woman jury there is no doubt that Grodio, who had been living with Tarlow for about three months, shot his roommate.
He pointed to testimony from doctors who said that even if Grodio was on prescription medication or if he was going through withdrawals, "he would be able to form an intent" to kill Tarlow.
Ross said Grodio went into his room to find the gun, loaded it and placed eight additional bullets in his pocket, showing that he had the intent to kill Tarlow.
"You have to be able to think to do that," he said.
Grodio showed Tarlow his gun after the victim told the defendant to wash his dishes and turn down the air conditioner, the prosecutor said.
Tarlow was walking out of the room, with his back to Grodio, when he was shot, Ross said.
"When he was the most exposed, that's when the defendant shot the (victim)," the prosecutor said.
Ross pointed to discrepancies in the opinions of doctors who testified for the defense over what effect the drugs Grodio was taking for a knee injury and depression would have had on him.
"The drugs might make the defendant agitated. Another doctor said it would make him calm ... If off the medication, he would have been irritable," the prosecutor said. But "whether he is agitated is irrelevant under the law," Ross added.
Deputy Public Defender Joe Forth did not dispute the fact that Grodio shot Tarlow but argued the defendant was not completely responsible for his actions because of the powerful mix of prescription medication he was taking.
Forth pointed to testimony from a psychiatrist that it was not "appropriate for him to have that cocktail of drugs," and that the combination of medications could have caused blackouts, hallucinations or a psychotic break.
"It is a defense for you to find Michael Grodio not guilty of murder, but guilty of manslaughter," he told the panel.
He conceded that Grodio could have formed the intent to kill, but "it's equally possible because of the drugs he was taking he did not have the intent to kill."
"If you can draw two or more reasonable conclusions -- one to innocence, one to guilty -- you must pick the one that points to innocence," Forth told the panel.
The case is now in the hands of the jury.
Michael Grodio, 57, is charged with first-degree murder in the Sept. 9, 2007, death of 56-year-old David Brian Tarlow, who was shot in the back in a trailer at a mobile home park on Langlois Road outside Desert Hot Springs.
Grodio, who also faces a sentence-enhancing allegation of use of a firearm, faces 50 years to life in prison if convicted.
In his closing argument, Deputy District Attorney Christopher Ross told the six-man, six-woman jury there is no doubt that Grodio, who had been living with Tarlow for about three months, shot his roommate.
He pointed to testimony from doctors who said that even if Grodio was on prescription medication or if he was going through withdrawals, "he would be able to form an intent" to kill Tarlow.
Ross said Grodio went into his room to find the gun, loaded it and placed eight additional bullets in his pocket, showing that he had the intent to kill Tarlow.
"You have to be able to think to do that," he said.
Grodio showed Tarlow his gun after the victim told the defendant to wash his dishes and turn down the air conditioner, the prosecutor said.
Tarlow was walking out of the room, with his back to Grodio, when he was shot, Ross said.
"When he was the most exposed, that's when the defendant shot the (victim)," the prosecutor said.
Ross pointed to discrepancies in the opinions of doctors who testified for the defense over what effect the drugs Grodio was taking for a knee injury and depression would have had on him.
"The drugs might make the defendant agitated. Another doctor said it would make him calm ... If off the medication, he would have been irritable," the prosecutor said. But "whether he is agitated is irrelevant under the law," Ross added.
Deputy Public Defender Joe Forth did not dispute the fact that Grodio shot Tarlow but argued the defendant was not completely responsible for his actions because of the powerful mix of prescription medication he was taking.
Forth pointed to testimony from a psychiatrist that it was not "appropriate for him to have that cocktail of drugs," and that the combination of medications could have caused blackouts, hallucinations or a psychotic break.
"It is a defense for you to find Michael Grodio not guilty of murder, but guilty of manslaughter," he told the panel.
He conceded that Grodio could have formed the intent to kill, but "it's equally possible because of the drugs he was taking he did not have the intent to kill."
"If you can draw two or more reasonable conclusions -- one to innocence, one to guilty -- you must pick the one that points to innocence," Forth told the panel.
The case is now in the hands of the jury.
