Lawyer asks to drop murder charge

SANTA ANA, Calif. -- A lawyer says her client did not intend to drive drunk before a crash that killed Los Angeles Angels pitcher Nick Adenhart and has asked a judge to drop a murder charge.

Attorney Jacqueline Goodman said in a motion Thursday that 23-year-old Andrew Thomas Gallo's designated driver got drunk, so Gallo took the wheel of his minivan instead.

Goodman says Gallo did not have the "implied malice" required for second-degree murder.

Prosecutors say Gallo's intent was irrelevant because he still chose to drive.

A hearing on the motion is scheduled for Friday.

Authorities say Gallo was well over the legal alcohol limit in the crash in Fullerton last year that killed the 22-year-old Adenhart and two others.

Gallo has pleaded not guilty. His trial is set for next month.