VISTA — The June 3 sentencing of a boxing club trainer convicted of first-degree murder was delayed, pending the outcome of an internal investigation in which the defendant claims a search of his jail cell resulted in the confiscation of attorney-client privileged papers.
Mark Anthony Diaz, 50, of Carlsbad, was found guilty of first-degree murder in the shooting of rival boxing trainer Hector Gil, 52, at the Pacific Coast Boxing Co. in April 2010.
Defense attorney James Fitzpatrick asked for a two-month delay during the June 3 sentence hearing because attorney-client papers were removed from his client’s cell during the trial and not all returned. Fitzpatrick said that his client was going to take the stand in his own defense, but didn’t do so after one page out of dozens was returned.
The request for the postponement of Diaz’ sentencing was opposed by the prosecutor, Deputy District Attorney Patrick Espinoza.
Superior Court Judge Kerry Wells rescheduled the sentencing hearing to July 29.
Diaz was also convicted of attempted first-degree murder, assault and threatening a crime that caused death during the shooting, which wounded trainer Peter Moreno and boxer Ricardo Gutierrez.
Diaz may be sentenced to as much as 96 years to life in prison.
During the trial, Gamez testified that Diaz was angry with Gil because 21-year-old boxer Gutierrez had switched trainers from Diaz to Gil shortly after turning professional.
Prosecutors had said that a temporary restraining order had been obtained two months before the shooting to keep Diaz away from Pacific Coast Boxing Co.