I just wanted to add a little to this:
Two reasons why this guy got off: http://t.co/b4O4N63cQ9 1, CSI-style shows. 2, good luck finding a jury that would have convicted.
— Moe Lane (@moelane) August 28, 2014
Not the bit about ‘No jury would convict;’ the bit about CSI. I think that thirty years ago, that guy would have been convicted of second degree murder, or possibly would have gotten to cop to a temporary insanity plea; because thirty years ago the fact that the guy had ammo of the same type as the bullet used in the homicide, but no gun* for that ammo, would have loomed larger than the fact that there was no powder residue on the guy’s hands or arms. Forensics is not actually magic, or a collection of Magic Plot Devices; if the guy knew what he was doing then he could have scrubbed the evidence, easy. If he did, that was apparently enough to let him go free.
Now, as to whether he was guilty… well, I was not on that jury, I don’t have to have an opinion, and be damned sure that I’m not going to offer one.
*I wonder just how hard the cops looked for that hypothetical gun.
4 thoughts on “Expanding on that CSI comment.”
Sounds like a clear-cut case of jury nullification to me, and the same would likely have happened 30 years ago.
Of course, it took me a moment to figure out why you were talking about College of Southern Idaho…
This is Texas we’re talking about. Unless this happened within Austin city limits, I’m pretty sure he could have been caught still clutching the smoking, bloody pistol and the jury would’ve said “A drunkard ran over your two babies and in a fit of righteous fury you shot him before you came to your senses? Hell, I’d have done the same. Not Guilty, your Honor.”
I’d have said “Good job, you saved the state the trouble”
I’ve heard, from forensic anthropologists, that they get the same thing .. (look up “Bones”)
All the defense lawyer needed to ask was “was it possible for the deceased to have gotten the car moving, then been shot, then traveled to the scene?”
At that point, if the bullet is in place before the wreck, the father didn’t have to do much of anything .. reasonable doubt has been established.
As with others, I’m .. surprised this went to trial.
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