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Outline Of Dr. Richard Kimball's Case

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Opening Statement: Ladies and gentlemen of the jury. Today we have a very serious charge before you. We have Dr Richard Kimball, who is before you on the charges of first-degree murder. However, he is not guilty based on our success to provide reasonable doubt that Kimball planned and deliberately kill his wife or that he was provoked into killing his wife in the heat of passion. It is the position of the Defence that Dr Richard Kimball, on the night of September 18, 1993, was not guilty of murdering his wife, Marsha Kimball. We have two witnesses, Dr Richard Kimball, the accused, and Fran Goodheart, his wife’s best friend, who will present evidence that will cause you to have reasonable doubt that Dr Kimball is guilty of first-degree murder. Before going further, let me explain the charges you will hear. Section 222(5) defines murder as “a person commits culpable homicide when he causes the death of a human being.” Murder is first degree when it is planned and deliberate, and all murder that is not first-degree murder is second-degree murder. If Dr Kimball was provoked into killing his wife in the heat of passion then he will be guilty of manslaughter. However, the defence believes that he is not guilty. You will clearly hear the evidence to support this. …show more content…

He will admit that his wife was having an affair with Dr Jake Hefner however he states that he was not surprised that she was having an affair because he has neglected her while having an addiction to alcohol for the past two years. On the night of the murder, he and his wife talked for about an hour and he states that it was the first meaningful discussion they had had in two years and they agreed to give their marriage another try. Our second witness, Fran Goodheart confirms that this is true. Therefore, Dr Kimball did not have mens rea to kill his wife, because they were on good

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