Posted on 12/03/2017 11:46:03 AM PST by Lurking Libertarian
“They did, but the prosecutor didn’t argue that to the jury.”
must have been in their info somewhere. if they truly deliberated on all the info of the case (not just what the prosecutor pushed for) then they had that option which clearly fit the situation yet they chose not to pick it as the verdict.
jury’s are to do their job, not just vote whether others in the court room did their best job.
In most states, the "felony murder" rule is limited to certain inherently dangerous felonies, not all felonies. In California, the only felonies that are eligible for a felony murder charge are rape, arson, carjacking, robbery, burglary, kidnapping and train wrecking. (California Penal Code § 189).
Possible but, in my opinion, unlikely-- prosecutors want good won-lost records to advance their careers.
Also possible, and probably more likely, is that at least some of the jurors wanted to send Trump a message. (The jury deliberated for four days, which suggests there was a lot of disagreement.) On the other hand, they did convict him of one felony (illegal possession of a weapon by a felon), so maybe they honestly had a reasonable doubt.
But either way, the jury's power of nullification is a feature of the jury system, and has been since at least the trial of William Penn in 1670. Jury nullification does not always result in verdicts we're happy with, but the right of trial by jury is enshrined in the Constitution, and I'd rather not see it changed.
This article is all the proof I need to tell me I made the right decision when I decided Red State was a garbage news site. Normally I will not read anything at Red State but since I wanted justice for Kate I foolishly “went there”. Puke.
Yep. Red State has been flailing since they started their hysterical Never Trump tantrums during the primaries. Erickson burned that place to the ground and then bugged out. Sad.
I don’t agree. I think the jury was made up of typical leftwing San Fran freaks who couldn’t care less about a beautiful, dead girl. I believe their government - much like my own beloved city - is complicit in undermining this president.
The illegal homeless urban commando possessed a $1,000 handgun. That does not mean he bought it.
Many illicit drug offenders have been known to use weapons to retain control of their business. His drug convictions are not proof of nonviolence.
The libertarian tenant, "let peaceful people cross borders freely" intentionally attempts to obscure the fact that non peaceful people will come into the country unchallenged.
It fires by pulling the trigger like virtually all guns made in the past 700+ years.
From the part of the article I didn't post:
"It’s an elite handgun intended for law enforcement and military personnel who may need to fire it with split second notice. Hence, it has a hair trigger in single-action mode. Even among well-trained users, it has a lengthy history of accidental discharges.
..."The SIG Sauer in Lopez Sanchez’s case has three features prone to accidents: 1. No safety lever, making it perpetually ready for firing. 2. Manufacturer-issued trigger pull of 4.4 pounds of force (in single-action mode), which is among the lightest on the market. 3. An unlabeled decocking lever despite being essential to disengage the single-action mode. (The SIG Sauer safety manual urges “DO NOT THUMB THE HAMMER DOWN the consequences can be serious injury or death — only and ALWAYS use the decocking lever.”)"
What Red State fails to mention is that the trigger pull is 10 lbs in DA mode.
But that is irrelevant to my point that all guns fire by pulling the trigger and have for 700+ years so being “unfamiliar” with the gun’s operation is nonsense.
They did mention that. (The whole article is at the link; I couldn't post it all.) They also mentioned that even police departments have reported numerous accidental discharges of this particular gun.
I live near Reno, and we get weeknight news at 10 PM that comes out of San Fran.
I clearly remember when this happened tht the pics of ‘the scene’ on the pier showed 3 (THREE) of those bright yellow markers that police use to mark where brass from cartridges lave landed in or near a crime scene.
This trial only talked about the gun firing once—accidently—but I remember the first coverage saying 3 shots were fired. That is NOT an accident. NOT ONCE-—THREE times......
A gun owner got incensed about the verdict & said he had 7 handguns. He would load all of them & rack a shell into each one’s chamber ready for firing. Then he would put them all on the floor or sidewalk & JUMP UP & DOWN ON THEM & PROVE that NONE of them would ‘go off accidently’ as described by the illegal who walked away from this MURDER.
This entire trial was a wholesale travesty. Sanctuary state at it’s finest. May Jerry Brown rot in Hell for his actions against California.
Yes, they did mention it and then questioned the safety of a gun with a 10 lb DA trigger pull. Ridiculous!
They did fail to say that the judge would not allow the jury to hear or see any evidence or testimony about the operation/characteristics of the gun.
Again; all of that is irrelevant to my point. All guns fire by pulling the trigger, have for over 700 years. What child of five is unfamiliar with that concept?
I agree. He is in the country illegally, a felon and stole a gun, which I am sure parole officers explained his parole to him in Spanish! He should have run in the opposite direction of the gun. He was planning foul play, if not intentionally to kill Kate. Manslaughter.
According to Judge Jeanine (a former judge and prosecutor), the SIG Sauer actually requires a heavier pull, making it much harder to fire.
To the progressives who run San Francisco, murder is OK if you’re an illegal alien and your victim is an American citizen — especially a white one.
Or even a Sea Turtle.
Thanks!
One would have to study the governing law technicalities. I still say throwed. Whether from not believing the defense explanation would fly (it did in San Fran) or wanting the heat to go to Donald Trump or whatever.
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