Attorney Claims Client May Have Tried to Protect Brother in Guard’s Death

A Glendale man on trial for machine-gunning an armored car guard, leaving him paralyzed, may have gotten involved in the aftermath of the crime only because he tried to protect his older brother, the true gunman, the younger brother’s defense attorney argued Wednesday in Pasadena Superior Court.

In closing arguments in the second trial of Alfred Giordano, attorney Robert C. Swanson portrayed his client as a possible accessory in the shooting of Howard White, an armored car guard. White was machine-gunned by a would-be robber on Dec. 31, 1987, outside a check-cashing service in Glendale.

Swanson told jurors that it was Peter Giordano, Alfred’s older brother, who wounded White.

Witnesses have linked Alfred to attempts to disguise the getaway car and to hide the Uzi submachine gun involved in the shooting. The defense attorney said Alfred may have gotten involved following the shooting to protect Peter.

“You could believe that Al, knowing Peter committed a crime, could have helped Peter in covering it up,” Swanson told the jury.

But Deputy Dist. Atty. Jo Ann B. Glidden argued that Peter Giordano was the getaway driver in the crime, and that Alfred Giordano was the gunman.

“Alfred Giordano did everything in his power to kill Howard White,” Glidden told jurors.

Both Alfred, 27, and Peter, 33, were charged with attempted murder and attempted robbery. But in a trial last May, Peter was acquitted of his alleged role and a mistrial was declared on the charges against Alfred after jurors deadlocked 11 to 1 in favor of conviction.

Swanson tried earlier this week to call Peter Giordano to the witness stand, and asked Judge Terry Smerling to grant him immunity from prosecution.

But in a hearing Monday outside the presence of the jury, Smerling ruled that Peter would not be allowed to testify. Smerling said the prosecutor would be unfairly restricted in cross-examination because Peter, although acquitted earlier, indicated he would refuse to answer questions that could implicate him in the crime.

Since the second trial began on Feb. 15, Glidden has presented witnesses who testified they saw Alfred Giordano shoot White, search the canvas bag the guard was carrying, then flee after finding it empty.

A key prosecution witness was Kimberly Giordano, Alfred’s wife, who testified that Alfred told her he committed the crime.

But Swanson on Wednesday told jurors that Alfred Giordano was visiting a friend in Orange County at the time of the shooting. He said that Kimberly was jealous and angry at Alfred because he had been having an affair, and portrayed her testimony as “confused” and “willfully false.” He also accused police investigators of coercing her to testify.

The attorney also argued that witnesses to the crime had mistaken Peter for Alfred. Even the victim, when asked at the first trial to point out his assailant, had pointed to Peter, Swanson said.