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To: FresnoDA
There could also be a possible plea bargain by the self employed design engineer to avoid a possible death penalty charge.

"The way I read the state's evidence, it's very powerful. And rarely do they bargain unless they have problems with their evidence. If they had some problems with their evidence, like there was a faulty DNA test, or if one of the witnesses had actually more contact with Westerfield... watering down the presence of the DNA... and that brought a fear in the prosecution that they could lose this case, then they might try to plea bargain," explained Nimmo.

Dimbulb question ON: So, is Nimmo saying that (if) Westerfield requests to plea bargain, it's likely to be denied? Dimbulb OFF

18 posted on 03/28/2002 8:43:10 AM PST by fivecatsandadog
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To: fivecatsandadog
I read it as saying that Westerfield could "plea bargain" and they would accept it, BECAUSE the prosecution might not have an air-tight case against him...and Feldman will make sure they don't.

ONLY if the DA has an open and shut, 100% positive proof he did it, beyond a reasonable doubt, would they NOT accept the plea bargain. FAT CHANCE, IMHO.

In Arkansas, if you plead "Guilty" and spare the State a trial, you cannot be given the death penalty. BUT, if you say "Not Guilty" and are found guilty of "murder", then you can receive the death sentence.

If Westerfield cops a plea, then I will KNOW he did it.

sw

26 posted on 03/28/2002 8:53:36 AM PST by spectre
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