From: le@lekno.ws   
      
   Adam H. Kerman  wrote:   
   > 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.   
      
   Nothing should EVER be eligible for a death penalty!   
      
   -=-=-   
   The World Trade Center towers MUST rise again,   
   at least as tall as before...or terror has triumphed.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)