Former officer denied new murder trial

Mortensen is serving a life prison term for the 1996 drive-by shooting death of Daniel Mendoza, 21.

Another officer at the time, Christopher Brady, drove the truck used in the shooting, but was never charged.

Mortensen contends Brady killed Mendoza.

Mortensen's attorney, Frank Cremen, argued during an evidentiary hearing last week that his client deserved a new trial because of grand jury testimony from officer Marc Berry.

Berry testified in July that Brady had talked several times about doing a drive-by shooting.

But District Judge Joseph Pavlikowski wasn't convinced.

He said in his ruling Thursday that Berry's testimony "does not in any manner suggest that Brady fired the fatal shots on the night of Dec. 28, 1996."

Cremen said he would appeal the ruling.

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