Posted on 07/02/2009 4:55:21 AM PDT by marktwain
PHOENIX (AP) -- A state appeals court on Tuesday ordered a new trial for a 62-year-old retired teacher convicted of murder in the shooting death of a hiker in northern Arizona five years ago.
Harold Fish claimed he shot Grant Kuenzli in self-defense during their encounter in the Coconino National Forest, but a jury convicted him and sentenced him to 10 years in prison.
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In May 2004, Fish was hiking when two dogs belonging to Kuenzli began running down a hill and threatening him. Fish told police he fired a warning shot at the animals. Kuenzli then became enraged and threatened Fish, who warned he would shoot. He then fired three rounds and killed Kuenzli.
In a 3-0 ruling, the appeals court said the trial judge's jury instructions inadequately described the law of self-defense. The trial judge also may have erred in barring evidence of the victim's prior acts of violence related to dogs, the appeals court ruled.
Testimony about Kuenzli's alleged history of similar threatening behavior could have corroborated Fish's account, appeals judges ruled. Prosecutors had argued that Kuenzli was not threatening Fish but was merely trying to restrain his dogs.
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A spokeswoman for Attorney General Terry Goddard's office said lawyers were evaluating the opinion and will decide on an appeal to the Supreme Court.
Lawmakers are considering a bill that would give Fish a new trial under the new self-defense standards. The bill's sponsor, Glendale Republican Sen. Linda Gray, praised Tuesday's decision but said she wouldn't withdraw her bill because the case could still be appealed to the Supreme Court.
Gray's bill passed the Senate 19-10 and received preliminary approval in the House..
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"This was an injustice to the Fish family," Gray said. "The man was protecting himself."
(Excerpt) Read more at fox11az.com ...
GREAT news! Go, Harold, go!
I saw this case on some show like Dateline ID, where it was presented in a very favorable light for the defendant. I can’t remember the specifics of the case, just that the shooter waited a period of time from when he shot the guy until he tried to report it. The prosecutor claims he was using the time trying to figure out a story line that would make him look innocent. The shooter was some kind of high school teacher who had never been in trouble with the law, but he was one of the coldest fishes I’ve ever seen. I don’t think that helped him.
Great link to the full “Hal Fish” story. I found it at the Wilderness Tactical Products website, BTW (and no, I’m not affiliated w/them - just giving them some well-deserved recognition).
http://www.haroldfishdefense.org/
Check the full story at my link.
“Prosecutors had argued that Kuenzli was not threatening Fish but was merely trying to restrain his dogs.”
How is it they have any credibility, pretending to read the mind of a dead man?
“How is it they have any credibility, pretending to read the mind of a dead man?”
That happens all the time.
This has been of interest to me since I found out he was my husband’s teacher years ago.
I only wish that the right to self defense had been explicitedly enshrined in the Bill of Rights.
You wouldn’t think it would need to be. Guess the founders didn’t foresee the degree of liberal wussification and government sucking we’ve allowed to fester.
Did I miss something?
I just received an e-mail from Alan Korwin that said Harold Fish was released from prison and is now a free man as of the 22nd of July....
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