<p>^^^^^^^
Thank you, poetgrl. I was starting to clench my teeth. :)</p>
<p>I’ll tell you what made me clench my teeth. The defense suggested today that her intoxication perhaps made her have balance problems. I completely support that everyone deserves a good defense but between this and bringing up crib death, it is hard to stomach.</p>
<p>I keep thinking about how terrified that poor girl must have been when he broke down her door.</p>
<p>I was the victim of domestic violence at the hands of 3 men, starting in high school. Yes, I can really pick 'em. On more than one occasion, I thought I would be killed. Other than the strangest thoughts in the world going through your mind, you fight for survival. It’s clear she fought but had no chance against him.</p>
<p>Cartera, I’m sorry to hear that. I’m glad the laws are starting to reflect the reality of the dangers of these situations more closely.</p>
<p>I hope what she was feeling was rage and anger, and that she never “knew”…</p>
<p>As you know, I’m not always easy to convince of guilt, and err on the side of innocent until proven guilty, to a fault, but in this case, if I were a juror, I wouldn’t be feeling “a shadow of a doubt” at this point.</p>
<p>I think they will convict.</p>
<p>Do they have the option to convict for a lesser charge in this state? I don’t know.</p>
<p>ETA: forgive me if this was discussed in the beginning, but I’ve only joined the thread since the trial began.</p>
<p>From what they are reporting on our Baltimore TV news, it sounds as though the defense is angling for a lesser conviction,perhaps some form of manslaughter.</p>
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<p>Well, I actually am a bit interested, but after getting up at 4:30 am to go to work today, and considering this thread has almost 1100 posts, I just don’t have the energy to do that.</p>
<p>I’m getting old. :o</p>
<p>Read the thread, poetgrl. Read post 1068.</p>
<p>I have a feeling 1st degree murder isn’t going to stick. But 2nd degree, yes.</p>
<p>The defense is going after manslaughter and it wouldn’t surprise me if he gets that. There is a lot of testimony about how drunk he was. Was he even able to form intent? The prosecution combats that with evidence about how he lied about where he was, tried to destroy evidence, etc. Of course, the defense will argue he could have been trying to hide evidence of breaking her door down and roughing her up. I think first degree is going to be tough.</p>
<p>Yes, that was what I was thinking. I think premeditation is not really possible to prove, but that he is admitting his guilt in her murder. I’m glad they can come in at a lower charge if they need to, in this case.</p>
<p>I agree that either second degree or some kind of manslaughter is likely. And probably just, IMHO, sickening as the whole situation is.</p>
<p>The defense is angling for “involuntary manslaughter” on the basis that his actions did not cause the blunt force head trauma and that some “irregular heartbeat” brought on by her ADHD meds caused her death. He has admitted to only “shaking her a little” while holding her by the neck. And saying that she “flopped around like a fish” while trying to fight him off. Yeah, she brought on her own head trauma! </p>
<p>It’s plausible that he was so drunk that he left not realizing that he had killed her or that she was even seriously hurt. But that she brought on her own death? Or that the meds that she had been taking for years suddenly caused a fatal heart problem? Not so plausible.</p>
<p>What about the email in which he told her that he should have killed her (referring to a previous incident)? I guess he wasn’t too drunk to steal her computer in an attempt to keep that and other communications under wraps.</p>
<p>He apparently also wasnt too drunk to make up a story and lie to his roommates about where he was when he got back to his suite.</p>
<p>Here are differences between voluntary and involuntary manslaughter. I don’t think the jury is going to buy the “crib death” defense. </p>
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<p>Is he charged with assault in addition to murder? If he gets off on Involuntary, can they add other charges?</p>
<p>Although Huguely was charged with first degree murder, along with five other charges, University of Virginia law professor Anne Coughlin told ABCNews.com that she anticipates the judge will present the jurors with instructions that include a menu of options that include second-degree murder, involuntary manslaughter and voluntary manslaughter.</p>
<p>I knew Virginia procedure at one point in my life, but can’t claim to any longer. However, the charges of second degree murder and the manslaughter charges are lesser included charges. If there is evidence presented, the judge may give instructions on those charges. Many of you are familiar with the Casey Anthony trial. The judge gave instructions on 1st degree, aggravated child abuse, aggravated manslaughter of a child, second degree murder, manslaughter, felony murder third degree and child abuse. Sometimes the jury gets a smorgasbord.</p>
<p>Can it be considered first degree murder if the accused made previous threats? Even if the crime was one that was committed in a moment of rage, wouldn’t the fact that threats of death had been made mean that it was premeditated? Maybe not in a calm, thoughtful way but still…</p>