From: ahk@chinet.com   
      
   J.D. Baldwin  wrote:   
   >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.)   
      
   Is it the correct murder charge even if not eligible for the death   
   penalty? I guess I'm surprised that murder with intent and premeditation   
   isn't death penalty eligible without additonal aggravating factors.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)