Hatfield
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Right.
Cut-throat defences where the accused all blame each other are reasonably common, but we have to aware of the limits of the approach - especially due to impact of 100s of years of common law decisions on party offences.
In this case, the accused have the advantage of one of the principal actors being dead. And the fact that it was AC who shot Charles is significant.
But without getting too far into the weeds, the Prosecutor is allowed to present the murder spree as a joint enterprise and he has plenty of evidence for that - especially due to the concealment of bodies, lying, and the fact that the murders happened at different times.
So LV may have more luck with Charles where AC pulled the trigger, and it may be hard to prove murder, let alone a joint enterprise. But the kids are much more difficult, because obviously if AC killed one of her kids, she became a conspirator when he covered it up and buried the body at her Affair Partners place. The second murder becomes unexplainable, and I think it will be very hard to get any jury to believe she only decided after the killings to keep it all secret.
Dear Chad has a similar issue. Even if he covered the murders up to help AC, how can he explain doing it twice? And how can the sudden and convenient death of his wife be explained?
So in practical terms, I think simply blaming AC for everything is likely to fail, unless the accused are prepared to testify, and have some way to prove AC acted alone in the actual murders. If they don't testify, then I see no way to get an exculpatory version in front of the court beyond mere speculation
JMO
Good points.
I really hope the judge can keep those two and their shared or not shared lawyers from talking with each other. The more they can communicate the more their stories will match up.
Its going to be important to identify contradictions and mistruths in either of their stories and so keeping them separated will be important from this point onwards.
The fact the bodies were in CD's backyard and with all of LVD's statements to others and whatever LE can get from Cell Phone and text messages should be enough to get both of them convicted for Conspiracy to commit murder. The actual murder charges are going to be the tough one to pin on them if they both blame AC.
I am keeping up the hope that LE can find enough evidence that pins them both with real murder charges eventually. CD for his wife's murder and Lori for her children's murder and Charles murder as well.