Police auditor's report won't be part of trial

FRESNO, Calif. (KFSN) -- A federal judge is refusing to allow a controversial police auditor's report to be used in the wrongful death civil trial against a Fresno Police officer.

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The judge says the report offers nothing new or relevant that hasn't already been brought up by the plaintiffs.

Steven Vargas was shot and killed in October of 2009 - after Sergeant Mike Palomino said he feared for his life and the lives of others nearby.

Fresno Police Chief Jerry Dyer spent much of the day on the stand being cross examined. He testified -- based on information he's been given about the Vargas shooting --- he feels it was justified.

The case will likely wrap up by the end of the week.

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