Just as I headed out for an errand I heard one of the

[avebury]

pundits (can't remember which one) mentioned wondering if the 2nd Degree Murder Charge was always a fake out by the Prosecution. Many complained that they never really made a case for manslaughter. Well, neither did the Defense make a case against manslaughter. Both sides focused on Murder 2 which might have allowed manslaughter to slip in under the nose of the Defense team.

An interesting observation. I always thought that the last minute 3rd Degree Murder was a fake out to drive West bonkers (because that is something so easy to do). He did wig out, piss off the Judge and get talked down to - again.

[Honeycombe8]

1. I don't think Murder 3 is on the table (if there is such a thing). It's Murder 2 and Manslaughter.

And of course Not Guilty.

No one put on a manslaughter case because that wasn't the charge, and the neither attorney had asked for Manslaughter to be added as an alternate for the jury, until the prosecutor asked for it at the end.

[avebury]

5. At the last minute, the Prosecution did try to add 3rd Degree Murder.

O'Mara was out of the courtroom working on his closing remarks (and thus not there to calm down West). This was when they were going over the jury instructions. And West did have a melt down. He is so easy to mess with.

The Defense never even touched upon manslaughter in their closing. Manslaughter was added as a lesser included charge and not really talked about by either side. As a result, O'Mara came across as more confident in his closing remarks then was perhaps wise.

[Honeycombe8]

7. Ahhh. I missed that. Seems I heard a bit about something asked for that was denied.

But I didn't know that was it.

I didn't think the defense closing statement was very good. But it seems everyone else thinks it was great. But I didn't see the whole thing.

[CatWoman]

2. that was pretty funny

(the west melt down)

[Duer 157099]

3. How would a defense against manslaughter look like in this case?

I can't imagine it would be very different at all. No?

[Honeycombe8]

8. A pundit said that the same defense applies to both charges (self defense)...

so I guess it wouldn't make any difference. Except they wouldn't have had to try to defend against "hatred" and "depraved mind" that is part of the Murder 2 charge.

[Duer 157099]

10. Well it is somewhat comforting to know that

if he does get Murder 2, it will have been by his own words condemning him.

"Those fucking punks, they always get away."

[Benton D Struckcheon]

4. I was always sure manslaughter was what they were going after.

2nd degree was their max negotiating position. Manslaughter is what they will be happy with.

[avebury]

6. I agree. Just like trying to sell a house or car,

set a higher price (or charge in a criminal case) and recognize that you might have to settle for less.

[awoke_in_2003]

9. Too bad the democrats...

didn't think the same way with ACA