From: INVALID_SEE_SIG@example.com.invalid   
      
   In the previous article, David Carson   wrote:   
   "After this press conference, I will be filing notice of intent to   
   seek the death penalty. [...]"   
      
   I don't think the death penalty will hold up. There is only one   
   element in the statute that even arguably applies:  creation of risk   
   of death to innocents. I won't go into detail, but it's what   
   (pretentious) lawyers call a "scienter" element:  it requires actual   
   knowledge and belief that a "great risk" is being created.   
      
   The defense against this is strong:  the shot was not especially   
   tricky and for even a low-end "marksman," the possibility of the shot   
   going wide and killing someone else was very low. And even if you   
   could probe that it objectively was high, you have to prove that the   
   shooter thought that, too. There's really no way.   
      
   (Not that Gray shouldn't charge it. It isn't frivolous to do so. But I   
   don't think it has much of a chance of sticking.)   
   --   
   jd   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)