AZlawyer
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First THANK YOU AZ LAWYER for answering all my mundane questions. Really appreciated.
I do have another. This one has been bothering me for awhile now and I can't find an answer to it elsewhere.
Regarding the "felony murder" charge:-
Throughout the trial I was under the impression that evidence would be presented regarding a claim of "murder while in the commission of a crime" (that I figured would be the robbery of Arias' grandparents home and the taking of the gun).
No such evidence was ever discussed or referenced. A copy of the police report was posted on this site (on another thread), showing that the case was closed due to lack of evidence. So I'm assuming there are no suspects, nor persons of interest.
So I naively concluded that this charge would not be part of the final instructions.
It was.
In Martinez' closing, he made a very brief reference to that charge - but his claim made no sense to me. If I understood it correctly, the state is claiming that Arias killed Travis Alexander 2 additional times - while killing him - so it was actually 3 crimes - two of which were committed in the process of committing the first.
I've never heard anything like that before. Reasoning says that if you kill someone - they are dead. You can't kill them again. You can commit additional crimes on the body - but can't commit the crime of murder on the same person more than once.
Does this charge make sense to you? Can you shed any light on it at all?
Thanks so much.
I haven't seen his closing except for snippets, so I don't know how he tried to explain it. As I said above, the only way it made sense to me was if the felony alleged (second degree burglary) had to do with her re-entering the home after pretending to leave. I know it had nothing to do with the burglary of her grandparents' home.