That's the rub of the trial. The arson charge was leveled because Monaco's out for blood, and it carries a life sentence. The Negligent Homicide is six years. With time served and good behavior, he could be out next late Spring.
But there is a presumption of guilt in the Monaco courtroom. Maher has to prove he did not intend to kill them. Sure he can say it, how can he prove it?
The prosecution has already argued in earlier documents that regardless of the scenario with Ted wanting to be a hero, he was aware that fire, once set, is not controllable, and could (did) have fatal results. In other words, they will argue he was willing to risk their lives for his heroism, thus the intent was there.
I don't know. Perhaps that consequence is something that Maher himself should have considered before doing what he did.
We here tend to get rather testy over the perception that the US is losing its sovereignty to foreign powers - it's hardly a stretch to imagine that the government and citizenry of Monaco feel much the same way of their sovereignty. Maher may very well be a sacrifical lamb, with whom the prosecutors will make an example for others.
However, that fact buys him zero consideration from me. This is the risk that we all take traveling abroad - you have no protections from the Constitution when you set foot outside the United States. Instead, you are subject to the local laws and customs, which is exactly as it should be. If the rules of Monaco require him to prove his own innocence, I can sympathize insofar as I am glad it's not me, but on the other hand, he put himself exactly where he is now. Nobody else is to blame for his current predicament, and he should probably count himself lucky that he is at least being given some semblance of due process - there are plenty of places in this world where being accused of a crime while carrying an American passport will buy you a summary execution.
And in the end, we are left with the fact that he has already admitted his guilt. Whether he can prove it was an accident or not is neither here nor there - he is responsible for another person's death, by his own admission. Here in the States, he'd have all the same problems he has in Monaco. The fact that he committed this crime in Monaco does not suddenly buy him a get-out-of-jail-free card.
The prosecution has already argued in earlier documents that regardless of the scenario with Ted wanting to be a hero, he was aware that fire, once set, is not controllable, and could (did) have fatal results. In other words, they will argue he was willing to risk their lives for his heroism, thus the intent was there.
And if they think they can prove that case, they should be entitled to try. If it were a citizen of Monaco accused of the same thing in your town, wouldn't you want them to prosecute to the fullest extent of the law? What would you say if the shoe were on the other foot?