The Publick House Homicide...

Wednesday, December 02, 2009

The Publick House Homicide... now in the hands of the jury.

On November 30 it became apparent that the District Attorney's office had finally acknowl­edged what the more rational observers of the Anthony Oddone trial have said all along: the prosecution had over-reached in its original charge of "Intentional Murder."

From 27East's on-going coverage:

"On Monday afternoon Judge C. Randall Hinrichs granted a motion by Assistant District Attorney Denise Merrifield to include the charge of manslaughter in the first degree."

The prosecution had originally set out to prove that Oddone had intended to cause the death of off-duty corrections officer Andrew P. Reister while he was working as a "bouncer" at the Southampton Publick House in August 2008.

That was silly, and w-a-a-a-y over-reaching.

It also suggests that ADA Merrifield had either forgotten her basic Latin, "in dubio pro reo," or was so confident in her own courtroom skills that she believed that she could convict a ham sandwich as well as indict one.

From the cheap seats in Westhampton Beach, my bet is on a conviction on an even lesser charge, Criminally Negligent Homicide.

That is, if the Prosecution and Defense don't get nervous and enter into a plea arrangement before the jury returns with its verdict.


1. Frank Wheeler said...

As you may have noticed, this was my contention from the outset.

Duly noted... but then you weren't alone in that opinion.
– Dean

2. HighHatSize said...

The latest report is that the judge, sua sponte, included Second Degree Manslaughter as an alternative verdict, over the objections of both the prosecution and the defense.

The jury later sent out a note for further instructions on what "Man 2" meant.

Ergo, it's a pretty good bet that "Man 2" will be the verdict but, had the judge not inserted it, the jury would have come in with negligent homicide.

We shall see... and I must compliment you on being one of the few rational Commenters in those many interminable 27East reports. Those threads have become unreadable.

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