The defense of a Livermore man charged with murder likely hinges on whether the Fremont man he stabbed during a road rage fight was under the influence of drugs.
Cort Holbrook, 42, is charged with the killing. His attorney, Eric Schweitzer, is awaiting a toxicology report on Ricky Ziesmer.
The 48-year-old had a long history of possessing, selling and using methamphetamine in several East Bay cities, including Pleasanton, Newark and Hayward, according to court records obtained by Livermore Patch.
“His actions were consistent with someone who is under the influence of methamphetamine. His criminal record is consistent with someone who is under the influence of methamphetamine,” Schweitzer said of Ziesmer. “Now we’ll see if his toxicology report is consistent of someone under the influence of methamphetamine.”
However, Schweitzer said whether or not the victim was under the influence of drugs, Holbrook could have been killed in the fight had he not defended himself.
“Cort, had he not acted the way he did, would probably not be with us here right now,” Schweitzer said. “It would be the other way around.”
Alameda County court records show Ziesmer has been convicted multiple times of misdemeanor charges related to possessing, selling or using methamphetamine.
According to court records, Ziesmer’s most recent case was on May 8, 2010.
Fremont police responded to a disturbance on the 42000 block of Gatewood Street, where Ziesmer was living.
He was on parole for a drug sales conviction and told an officer he had used methamphetamine about two weeks ago. Police searched his room and found a glass methamphetamine pipe, which Ziesmer denied was his. He then admitted to smoking methamphetamine about 14 hours prior to the police visit. He was arrested and charged with possession of drug paraphernalia.