Quote:
Originally Posted by JimJoe
Two thoughts:
1. They should not have charged this as a death penalty case. From a practical standpoint, they raised their burden of proof from beyond aLL reasonable doubt to beyond ALL doubt.. a big mistake in my opinion.
2. I would have considered just charging her with the 4 counts of lying to the officers TO BEGIN WITH.. they would have had a trial run on her defense and maybe have even gotten to cross examine her on the stand.. There is no statute of limitations on murder. She may have made more statements if she was not charged initially with murder. They could then go after her with the Murder charge without the death penalty. Lying about a crime is not a lesser included offense of murder and would not bar later prosecution for murder.
JJ
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JJ,
I completely agree with you on the capital murder charge. And the way you crafted a way to convict w/o danger of double jeopardy is very astute. Unfortunately, the media feeding frenzy created by Nancy Grace and her ilk, but an undue burden on the state to be tough.
k
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Holyoke, Mass; East Granby, Monroe, Madison and Branford, Conn; Port Clyde, Maine; North Myrtle Beach, SC; The Village of Bonita (April 2009 - )
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