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
Investigator Sam Reilly will also be called to testify, in that he was the first investigator on the scene. Shortly after the murder, Officer Reilly went to the defendant’s home at 2435 Damen Street, apt #2B and forced down Mr. John Hudsons’ and Dale Buckner’s door. While at the apartment, Officer Reilly Recovered a .38 revolver (matching the gun from the crime scene), a black leather jacket, and a newly registered Black Cadillac Sedan; which matched the description of the getaway car. Due to officer Reilly’s work, pertinent details of the defendant’s background and belongings have been brought to trial and will help us prove that the defendants did, beyond a reasonable doubt murder, and assist in murdering Mrs. Sara Lazar. Upon arrest, the defendant’s both refused to make a statement concerning the killing of Mrs. Lazar.
Recently in Alabama a man by the name of Anthony Ray Hinton was exonerated from death row after already spending thirty years in prison. Hinton was convicted of two separate fatal shootings of fast food restaurant managers in Birmingham, AL. One on February 25, 1985 shooting a John Davidson, and the second occurrence was on July 2, 1985 making Thomas Vason the second deceased. The evidence brought against him was a revolver that somewhat matched the one Hinton had in his home. There was no physical evidence, no fingerprints and no eyewitnesses linking him to the crime. Also, the revolver was questionable at best due to the fact the gun belonged to his mother who he lived with. Ballistics could not accurately tell if the gun Hinton had was even the weapon used in the shootings because they could not tell if his gun had been fired out of recently. They also could not conclusively say that all the bullets used in the two shootings were fired from the same gun. All in all, Hinton was convicted by a possible bullet match to his gun; and an eyewitness’s testimony from a person who was present at a similar, but different crime that Hinton was never accused of. Hinton coming from an underprivileged area only had a $1,000 to hire a ballistics expert to disprove the allegations. Thus leading to a person whose proposed allegations were questionable. Hinton was found guilty and put on Death Row. After sitting in a jail cell for thirty years he was released after firearms experts
The fifth aggravating circumstance reads, “The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime.” Ladies and gentlemen of the jury, I feel that this one is fairly evident. Hickock and Smith are not the kind of criminals who murder people for fun. According to Mr. Smith’s testimony, “[Hickock]’d said it over and over, he’d drummed it
2. Case Facts: On October 13, 1979, George Schnopps fatally shot his wife of 14 years. The victim and schnopps began having marital problems six months prior, when schnopps became suspicious that his wife was seeing another man. A few days prior to the incident, Schnopps threatened to make his wife suffer. On October 12, 1979 while at work asked a coworker to buy him a gun, telling the worker that he had been receiving threatening phone calls. Schnopps paid his coworker for the gun and ammunition. On the day of the incident, Schnopps told a neighbor he was going to call his wife and have her come pick up some things, and asked if them to keep the youngest child with her so he could talk to with his wife. When the wife went over Schnopps tried to convince his wife to stay with him, in response the wife made some vulgar comments which triggered Schnopps. He then shot her and then shot himself. Shortly after he called the neighbor and told her what had happened and she called the police. The defense offered evidence from friends and coworkers who noticed difference in Schnopps physical and emotional health after the victim had left him. The Commonwealth’s expert
The evidentiary evidence in the second trial, on February 2, 2017, included the original evidence from the first trial, but also included a correction of the hallway measurement and the correct ruling of Heidy’s death from “homicide” to “undetermined”. The correct measurements of the hallway strengthened the plausibility of the defense’s suicide argument more likely, considering how far down the hallway Heidy Truman’s body was found after being shot. The prosecutors defended their argument using the recording of Conrad Truman’s 911 with Patten, where he was “yelling obscenities” and “screaming inaudibly”. Responding officers, Utah County Deputy Attorney Sam Pead and Officer Christian Elias were met with the same hostility and threats from Conrad Truman as he provided a statement that “verbally manipulate[d] the crime scene”. Conrad Truman’s defense, Ann Tailanfeferro, once again defended her client against this accusation by stating that her client was distressed after finding his wife’s dead body. During this trial, Leis, the state medical examiner admitted that initially the Heidy Truman’s death was ruled as undetermined, but after meeting with the police and prosecutors he changed the ruling of her death to homicide, even though forensic evidence cannot differentiate between homicide and suicide. After eight hours of deliberation Conrad Truman was acquitted when the jury delivered a not guilty
The case that I decided to analyze is a criminal case, State Vs Stepp. Joshua Stepp was charged with first-degree murder as well as first-degree sexual assault of his ten-month-old step daughter Cheyenne Yarley. Stepp is an ex-military man who claims to suffer from PTSD. Stepp asks that the court charge him with second-degree murder on the account that he “was unable to perform the specific intent to kill” due to his PTSD.
Initially, homicide detectives speculated that Russell’s wife planned the murder to collect her husband’s $500,000 life insurance policy. However, in 2004, detectives received a tip from Huden’s friend, Bill Hill, who said that Huden murdered Brenna’s husband because he was abusive. It was not until 2012 when James Huden stood trial and was found guilty of first-degree murder with aggravating circumstances and was sentenced to 80-years in prison. Finally, the case came to a close on January 27, 2013 when Peggy Sue Thomas accepted a plea bargain one week before she was set to stand trial for first-degree murder (Sullivan, 2013). Instead of first-degree murder, Thomas pleaded guilty to first-degree rendering criminal assistance with a maximum sentence of 4-years in prison. As a result, she avoided a life sentence in prison had she been convicted of
The issue of this case is whether or not my client killed the victim and the is answer is clearly no. Mr. Jack Merridew is innocent.
A woman by the name Michele Wanko was charged with involuntary manslaughter, aggravated assault, and possessing an instrument of crime. Michele shot and killed her husband. Michele and her husband William Wanko lived in Philadelphia. It was a night when these two decided to put the children to bed and have a few drinks. They both had been drinking that night, for exactly six hours straight. They were drinking vodka and juice all night long, now with drinking that long period of time, the couple had to have been drunk. Because someone constantly drinking for a long period of time, there is going to be some type of impact from the alcohol. William wanted to teach his wife how to shoot a gun, and they decided to go into the basement and begin shooting. When she retrieved the gun from their safe, she instantly aimed the gun at her husband and shot him in his chest. He looked at her and asked her why she shot him before collapsing on the ground. The police were called, and William was pronounced dead at the hospital and Michele was charged. Some may look at this case different and
Facts of the Case – On March 27, 1967, Leslie Taylor Morrin, a 37 year old Millwright worker in Oregon Ohio, killed William Abell, a 53-year old male with several blows to the head with a pair of tongs taken from the back seat of his car. The defendant, Morrin, met Abell a stranger (victim), at a nearby bar in Toledo, Ohio where he stopped to call the union’s business agent. While the defendant was on his way home (Monroe, Michigan), the victim, Abell asked for a ride, stating that he (Abell) was stranded and was going in the same direction. During the trip, the victim pulled out a knife on the defendant who immediately volunteered to give up all of his money. William, who is also the victim demanded that Morrin perform oral sex upon him.
Mrs. Maloney was doing what she does everyday. For example, “She laid aside her sewing, stood up went forward to kiss him as he came in the door.” This shows that Mrs.Maloney is not guilty of her husband's murder. Mrs.Maloney really loved her husband and did not plan on killing her husband she always has the house clean for him. She did kill her husband? “Mrs.Maloney did you kill your husband?” No, did not……. I went out to the store to get some vegetables so I can make dinner, because he didn't feel like going out to
In this decision 3.3, I do not agree with the charges of first-degree murder. I believe that Brennan should be charged with Involuntary Manslaughter, for criminally negligence for killing Carrie. Even though, Brennan had thoughts and even wrote in his journal about killing Carrie. He stated, “that is not what he wanted to do, he rather divorces Carrie and collect a check.” The model penal code definition for Negligence is: a type of mens rea or criminal intent in which the defendant unconsciously creates a risk of harm and does not act like a reasonable person under the circumstances. If Brennan consciously planned to pull out the garage and kill Carrie, then I believe the charges would stick.
Without a reasonable doubt I think Steve Harmon is guilty of first degree murder. I think this because, Bobo had just meet Steve right before the robbery. Steve had said that he was there for sure. King had said he knew a guy for this look out job. Bobo did not know if Steve was really going to be the look out person. Bobo and King went out to eat after the robbery. Bobo and King had split the money after the robbery and getting something to eat. So really Steve was just there to give a signal Bobo had said. Steve did not even know what was going on in the drug store. Cruz had a chance to grab a taste of money, but he did not because, he was afraid of Bobo. Cruz had said Steve was there at the robbery. Lorelle was at the drugstore getting cough
A murder has happened in a town the victim Mr.Johnson and the murderer Mr.Smith. It is the jury and the judge’s job do decide if Mr.Smith is insane. It is your job to prove Mr.Smith cannot distinguish fantasy from reality. He can not manage his own affairs. And is subject to uncontrollable impulsive behavior.
“A defendant is not guilty of murder unless he is legally chargeable, either by virtue of his own conduct or that of an accomplice, with . . . a homicide and . . . malice.” People v. Antick, 15 Cal. 3d 79, 86 (1975).