McInerney Could Get Off With Manslaughter

[Shana A]

Posted on Advocate.com August 25, 2011 02:00:00 AM ET
McInerney Could Get Off With Manslaughter
By Neal Broverman

http://www.advocate.com/News/Daily_News/2011/08/25/McInerney_Could_Get_Off_With_Manslaughter/

Closing arguments begin today in the California trial of 17-year-old Brandon McInerney, who shot gay teen Lawrence King twice in the head in 2008 — and Judge Charles Campbell decided yesterday that a jury could find McInerney guilty of only manslaughter instead of murder.

McInerney is charged with first-degree murder that includes hate-crime charges, but a jury could find him guilty of voluntary manslaughter, Campbell ruled. The manslaughter charge would still carry jail time, but McInerney could be free by the age of 40. Sentences for first-degree murder, a premeditated act, can carry 53 years of incarceration. Second-degree murder, killing without premeditation, is also being considered by the jury.

[tekla]

23 years in the California Prison System, particularly for some skinny white boy, ain't exactly getting off.

[VeryGnawty]

23 years in the California Prison System, particularly for some skinny white boy, ain't exactly getting off.

I agree.  I have a friend who was in prison.  He said that it's not a place that you want to be, particularly if people perceive you to be weak.

[tekla]

Yeah, and some states, Cali and Texas among them, have pretty bad conditions inside the system, which is pretty much open gang warfare in an enclosed space.

[tekla]

No one, no matter how badass, can really stand up to a gang.  Strength in numbers.  Yeah, you're the best fighter in the world, you can take on anyone.  You can kick ass two at at time, but four?  Ten? 

[Ann Onymous]

The fact that an instruction on lesser-included offenses is included is not something unique to this case.  I have seen charges go to a jury that included everything from the top-count of Murder (a first degree felony), murder with sudden passion (second degree), manslaughter (second degree) and criminally negligent homicide (State Jail Felony).

It would be malpractice for the defense attorney NOT to seek the inclusion and CAN be basis for the verdict to be overturned if the judge disallows the instruction where the evidence COULD have permitted a rational trier of fact (the jury) to have found that the lesser conduct had been proven. 

Further, it also generally ensures that at least SOME verdict of guilty will be entered...anyone remember that little trial in Florida not long ago where the State over-charged and wound up with egg on their face when the jury acquitted the defendant?  Yeah, I thought you did...