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Defense blames cyst for deaths of 2 pedestrians

SAN JOSE, Calif. (AP) _ A defense attorney is claiming that his client _ charged with murder in the deaths of two elderly pedestrians run down by a car on a San Jose sidewalk -- was suffering from a brain cyst at the time.

In opening statements Monday, prosecutors said that Armando Ochoa had a blood-alcohol level three times the legal limit when three people were hit on the sidewalk on Sept. 14, 2008.

The San Jose Mercury News says (http://bit.ly/TBo1In ) one person died at the scene, while a second person died three weeks later. A third person suffered broken ribs.

The 45-year-old Ochoa could be sentenced to 45 years to life if he's convicted of murder and the one count of attempted murder.

But defense attorney Ingo Brauer argued in court that hitting the pedestrians was an accident caused by what he called an arachnoid cyst on his client's brain.

Information from: San Jose (Calif.) Mercury News, http://www.mercurynews.com

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