Posted on 10/28/2005 10:09:54 AM PDT by SmithL
MARYVILLE — Kimberly Cunningham, the 33-year-old South Knoxville woman who shot to death a man she believes raped her daughter twice when the child was 10, was convicted today of voluntary manslaughter in the man's death.
The verdict was returned about 10 a.m. by the seven-woman, five-man jury after five hours of deliberation Thursday and one hour today.
Cunningham had been on trial on a charge of second-degree murder, but the jury acquitted her of that and found her guilty of the lesser charge. She had already been tried once in the death of Coy Hundley.
In that trial last April, she was acquitted of first-degree murder, and the jury deadlocked on all lesser charges.
Cunningham will be sentenced on Dec. 19 by Judge D. Kelly Thomas in Blount County Circuit Court.
This is the hometown of popular Sen. Lamar Alexander.
"She had already been tried once in the death of Coy Hundley.
In that trial last April, she was acquitted of first-degree murder, and the jury deadlocked on all lesser charges. '
How can she be tried a second time for the same offence? Isn't that double jeopardy?
Both of us would've set her free.
I thought you could only be tried once for the same crime. Unless the first was a mistrial, is that what happened? I couldn't open the link...
It said "she believes" he raped her daughter. Was she right?
Ditto. And I'd be talking Jury Nullification, too. What happened here wasn't justice.
As she was acquitted of first degree murder she couldn't be tried for that but she could be tried for the deadlocked charges.
She was aquitted on the 1st degree murder charge. Likely, she was charged and tried a second time because a jury deadlocked on the lesser charges (whatever they may have been).
Hung juries are mistrials, generally.
I thought the same thing. I would have awarded her a medal.
If the guy had,in fact,raped her daughter then she should get a week behind bars and 5 hours of community service.
She should get a medal!
Indeed, this piece of info is fairly crucial in judging her actions.
You're assuming that the dead man did it.
Come to think of it, you're right. Either way, what happened wasn't justice.
I would have voted to aquit also.
Hopefully the sentenance will not be jail. She did the killing so she was found guilty but, the jury could understand that and give her a one dollar fine and 10 seconds in jail.
>>>>How can she be tried a second time for the same offence? Isn't that double jeopardy?
Double jeopardy only applies if there is an actual decision in the first trial. As the Jury deadlocked, there was no decision, and she can legally be retried.
patent
Liberals constantly talk about how "society is to blame" for criminal behavior. In general, I don't agree with that, but if it were true, then this would be a pretty good example of a situation where there would be no crime but for the failure of society--the failure of society to deal with crime.
Vigilanteism is the direct result of an ineffective criminal justice system. People take the law into their own hands because the authorities refuse to do their jobs, and because of the public perception that justice will not be done unless they do.
If liberals are going to blame society for criminal behavior, then this lady should go free.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.