Bad court thingy in gay teen homicide.

[Razgovory]

Saw this and thought it might be of some interest. Perhaps Barrister can give us some insights as to why they had a mistrial.  Also happened in Oxnard.  I wonder if Jaron was there.  http://en.wikipedia.org/wiki/E.O._Green_School_shooting  the Wiki entry for more info.

Los Angeles (CNN) -- A judge declared a mistrial Thursday after jurors said they were hopelessly deadlocked in the murder trial of a teenager accused of gunning down a gay classmate in their Southern California classroom.

Ventura County Superior Court confirmed the ruling in the eight-week trial of Brandon McInerney, who was 14 at the time of the shooting in 2008.

The nine-woman, three-man jury panel said its last vote resulted in seven in favor of finding the defendant guilty of voluntary manslaughter, CNN affiliates reported.

McInerney was tried as an adult on charges of first-degree murder, use of a handgun and a hate crime.

McInerney, now 17, allegedly shot 15-year-old Lawrence King, an eighth grader at E.O. Green Junior High School in Oxnard, twice while both were typing papers in a computer lab for their English class, authorities said.

King, an openly gay teenager, was seated in the middle of the classroom with two dozen students and their teacher when McInerney allegedly shot him in the back of the head, authorities said.

Friends said King was proud of being openly gay. He liked wearing jewelry and makeup to school, and he often wore high-heeled boots with the school uniform. He asked his teachers to call him Leticia instead of Larry. Some students bullied him, pupils said.

The prosecution alleged McInerney had planned to shoot King over unwanted sexual advances, and said that McInerney had white-supremacist leanings, according to affiliate KABC.

The defense contended McInerney had a violent upbringing. It also argued that King taunted and flirted with McInerney, ultimately sparking the fatal confrontation, KTLA reported.

The trial was held in Chatsworth, in neighboring Los Angeles County, because the defendant successfully sought a change of venue in the high-profile case, said Ventura County Chief Deputy District Attorney Mike Frawley.

[Siege]

Who cares?

[jimmy olsen]

If the kid shot him he shot him, none of that bullshit in any way mitigates his guilt.

[garbon]

Who cares?

Well we did have a thread about this back when the incident happened.

[Zanza]

As someone who has no clue about law, it surprises me that bringing a gun to school and then shooting someone in the back of the head can even be considered voluntary manslaughter, instead of murder.

[Iormlund]

And in front of two-dozen witnesses as well. It seems to be a pretty simple case.

[Valmy]

Friends said King was proud of being openly gay. He liked wearing jewelry and makeup to school, and he often wore high-heeled boots with the school uniform. He asked his teachers to call him Leticia instead of Larry.

How odd the article lists those things as demonstrations he was openly gay.

Anyway...yeah how this is not an obvious case of murder is just bizarre.  The guy had an obvious motive and did so publicly in front of everybody.

[DGuller]

Let's not forget that we don't know all facts of the case, and the jury does.  All we know is that the defendant shot the guy in the back of the head in front of 20 people.

[Strix]

As someone who has no clue about law, it surprises me that bringing a gun to school and then shooting someone in the back of the head can even be considered voluntary manslaughter, instead of murder.

In New York, it can sometimes be dropped to Criminal Possession of a Weapon!

[The Brain]

In the olden days you could kill a guy for insulting you. Better, more innocent times.

[Razgovory]

Let's not forget that we don't know all facts of the case, and the jury does.  All we know is that the defendant shot the guy in the back of the head in front of 20 people.

This is why I was curious what Barrister had to say.  It sounds open and shut to me.  Perhaps the prosecution overreached, but it sounds like murder to me.
I don't care for trying a minor as an adult.  I know that's popular with prosecutors but it strikes me as wrong.  Also noticed that the step-father of the victim seemed to sympathize with the shooter over his own son, which is kind of sickening.

[DontSayBanana]

Actually, I can see how a jury might get hung over premeditation in an urban area with gang problems- in a rural area, bringing the handgun to school might be enough to prove premeditation, but Oxnard?  Of course, that's mental masturbation.  I'm sure in a case like this, "lesser included charges" should and would come into play, down to aggravated murder.

[The Minsky Moment]

Terrible crime, but he should not be tried as an adult for an offense committed at age 14.  Perhaps that is driving the jury nullification here.  At least I hope it is that and not some homophobic animus toward the victim.

[Barrister]

Let's not forget that we don't know all facts of the case, and the jury does.  All we know is that the defendant shot the guy in the back of the head in front of 20 people.

This is why I was curious what Barrister had to say.  It sounds open and shut to me.  Perhaps the prosecution overreached, but it sounds like murder to me.
I don't care for trying a minor as an adult.  I know that's popular with prosecutors but it strikes me as wrong.  Also noticed that the step-father of the victim seemed to sympathize with the shooter over his own son, which is kind of sickening.

The article isn't clear, but it sounds like the jury was deadlocked between murder and manslaughter, not guilty versus not guilty.

Having gone through a youth homicide trial myself - they're tough.  You don't want to think of kids being capable of this kind of stuff.  Minsky's suggestion of "jury nullification" sounds logical.

[Admiral Yi]

Beeb: been meaning to ask you--I've been watching Law & Order reruns late at one (one was so old schoole it had Paul Sorvino and Captain Philly Fade).

Are there any legal penalties for breaking a verbal plea agreement?  What standing does a plea deal have in law?