Discussion in 'Trials' started by Cobra Jet, Sep 7, 2018.
What did the Judge decide regarding the lesser includeds.
I was confident in a lesser charge conviction. I truly hope the judge is not allowing the removal of those charges. I think removing those plus having information about the castle doctrine in the instructions can lead to an acquittal. I want her held accountable and now I'm nervous. Guess I need to sit back and wait for closing arguments.
Thank you !
I am unable to follow live stream - but can follow here !
Mine too. Im flabbergasted
no no no
If she gets off, I blame the DA.
It's like he is purposely trying to lose this case.
He wants all the lesser charges thrown out.
Why would you want to throw out manslaughter ir negligent homicide when you would probably have the jury find her guilty on one of those charges?
It is extremely stupid on his part.
Good morning everyone. If you have an antenna on your tv, and rescan the channels like I did. You might find you have court tv. What a pleasant surprise this morning!
I think it’s either murder or she walks. Manslaughter would prob not even get her any prison time. So in terms of justice for Botham Jean, a conviction on manslaughter with no time has no value.
I knew the whole she was just so distracted and made a mistake would allow her to walk! I knew it!
ETA: Looks like Judge Kemp was endorsed by the Dallas Police Association.
I can't believe he wants the manslaughter charge out.
BBM: OMG ... I cannot even imagine what Mr. Botham's family is going through right now.
This was an INNOCENT MAN, minding his own business, enjoying his evening and a bowl of ice cream in HIS OWN HOME!
What a travesty!
I think the DA is over confident. Granted, AG did herself no favors in her testimony. Reasonable action leaves a lot of room for the jury to acquit her.
Dallas is not going to be a place that I want to be in if she walks!
she needs to do at least 10 years for his life and if she could have saved him ....longer!!
I don't blame you. His decision to try to get rid of the lesser includeds is insane in light of the inclusion of the Castle Doctrine, which coupled with mistake of fact is a complete defense to murder and allows for an acquittal.
And he knows Tx law so he knew it was likely to be included in the instructions.
But recklessness- she didn't follow protocol of her department and thus was reckless- directly refutes the reasonableness element of the mistake of fact defense. Which is why I have been arguing that manslaughter has to be an option. It may be too confusing and/or seem too harsh to the jury otherwise. And then @iluvmua will be totally right that this case was overcharged.
His request is suspicious. Or smacks of an undeserved bravado.
If she gets acquitted, she will have to move far away from Texas.
They have and the judge gave them an hour to prepare for closing arguments.
Good thing I'm not a lawyer or a judge because I just can't see a person that doesn't have legal physical right to a property claiming the castle doctrine for their benefit. All I can see is that she is the intruder even if she doesn't think so. Since when does thinking something make it so? I better not shoot anyone breaking into my house as they might claim they thought it was theirs and get away with shooting me.....
Appears that the Prosecution is intentionally making a move to "throw the case". JMO
The fact that Mr Botham liked cookie crumbles on his ice cream killed me. I was really sad after hearing that.
I will be totally shocked if AG is acquitted. Possibly hung, but not acquitted. IMO
It would not surprise me if she was.
All the jury has to believe is the Castle Doctrine and she walks.