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New trial granted for man convicted of beating Holyoke police officer with mallet

Ofc. Wilfredo Guzman suffered permanent injuries

Updated: Monday, 03 Dec 2012, 12:29 PM EST
Published : Monday, 03 Dec 2012, 12:29 PM EST

BOSTON (AP) - The Massachusetts Appeals Court has granted a new trial to a man convicted of severely beating a Holyoke police officer, finding that he is entitled to a new jury instruction used in cases where defendants are mentally ill and have been drinking alcohol at the time of the crime.

Alfredo Rivera was convicted of armed assault with intent to kill in a 2007 attack on officer Wilfredo Guzman.

Prosecutors said he beat Guzman with a mallet, causing permanent head injuries.

Rivera's lawyer argued that his client was severely mentally ill, suffering from paranoid schizophrenia.

Prosecutors said he knew what he was doing and waited until Guzman's partner was called to another assignment to attack.

The court said Rivera is entitled to a new trial with a revised jury instruction.

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