Inspector Gidget
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Hook legal analyst David Heilberg pronounced himself unsurprised by the verdict which he said seemed to match the evidence.
"That's pretty consistent with what I expected," says Heilberg. "You have to look at circumstantial evidence. Breaking down the door and leaving her helpless until she died wouldn't be a manslaughter."
So why not first degree? "It just doesn't appear that they proved a specific intent to kill her," answers Heilberg. "It's just a harder burden."
As for the burglarly acquittal, Heilberg notes that the frustrated Huguely– who had been vexed in some romantic attempts during the preceding day– probably didn't arrive at Love's apartment with computer-stealing on his mind.
Heilberg adds that an intent to kill does not need to be present in order to gain a second-degree murder conviction. Instead, the intent the prosecution had to show was simply a the presence of "malice," which can be shown as a desire to maim, disable, disfigure, or kill.
They got that.
http://www.readthehook.com/102897/h...es-sentencing-after-2nd-degree-murder-verdict
"That's pretty consistent with what I expected," says Heilberg. "You have to look at circumstantial evidence. Breaking down the door and leaving her helpless until she died wouldn't be a manslaughter."
So why not first degree? "It just doesn't appear that they proved a specific intent to kill her," answers Heilberg. "It's just a harder burden."
As for the burglarly acquittal, Heilberg notes that the frustrated Huguely– who had been vexed in some romantic attempts during the preceding day– probably didn't arrive at Love's apartment with computer-stealing on his mind.
Heilberg adds that an intent to kill does not need to be present in order to gain a second-degree murder conviction. Instead, the intent the prosecution had to show was simply a the presence of "malice," which can be shown as a desire to maim, disable, disfigure, or kill.
They got that.
http://www.readthehook.com/102897/h...es-sentencing-after-2nd-degree-murder-verdict