MISTRIAL AZ - Gabriel Cuen-Buitimea, shot and killed with AK-47 by rancher George Alan Kelly, Kino Springs, Jan 2023 *charged* #2

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If the state chooses to retry this case, it will cost them. They should probably learn the Mistrial split count before making that decision. SC County is not an overly wealthy county, IMO, and it just might not be worth it.

ETA: At the end of today's court, they had scheduled a return to court next Monday afternoon ( 29th). I am not sure if the state will have a decision by then, but as I understand it they have 10 days to file for a retrial.
 
shotgun09 said:
If the state chooses to retry this case, it will cost them. They should probably learn the Mistrial split count before making that decision. SC County is not an overly wealthy county, IMO, and it just might not be worth it.

ETA: At the end of today's court, they had scheduled a return to court next Monday afternoon ( 29th). I am not sure if the state will have a decision by then, but as I understand it they have 10 days to file for a retrial.
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Plea deal no jail time?

Hummmm.....
 
I also learned that this was Brenna Larkin's first murder trial she ever defended. She was excellent IMO and deserves a 'You go Girl' for that. Also, Kathy Lowthorp was no slouch either. They made a great duo, IMO.
 
shotgun09 said:
I also learned that this was Brenna Larkin's first murder trial she ever defended. She was excellent IMO and deserves a 'You go Girl' for that. Also, Kathy Lowthorp was no slouch either. They made a great duo, IMO.
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The best legal team I've seen in court in a long time! How Larkin collected herself and continued on despite Judge Fink's terrible actions/words towards her... speaks loudly to her character. Also, she uttered the best "cool" I've ever (accidentally) heard in court! :)

jmo
 
Anyone know why the prosecution was so hellbent on obtaining the recordings of the trial while the jurors were deliberating??
 
fred&edna said:
Anyone know why the prosecution was so hellbent on obtaining the recordings of the trial while the jurors were deliberating??
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There was lots of speculation as to why, out there. But sadly, nothing concrete to say for sure. I believe by the time she asked for them, she knew full well what and how the jury was thinking. You could see it on her face, as she didn't hide her emotions....childish as they were. She actually wanted Fink to scold opposing council ( Lowthorp) because she thought she heard her say " Liar". Not sure if that's why she wanted the JAV recordings or not...but
:rolleyes:
 
shotgun09 said:
Waiting to hear the numbers...
Both sides wish to speak with the jurors, post mistrial declaration. Not sure if they ( jurors) have to give that information, if asked.
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Just to follow up on this question, no, jurors do not have to talk to anyone after a trial. Typically at the end of a jury trial, the judge will call them in, thank them for their service, advise them that if they have any employer issues etc to contact the court and then advise them that they can discuss the case with reporters or anyone else if they choose, but are under no obligation to do so. Sometimes, I send letter to the jurors to ask them if they would like to give us some feedback, but rarely do any jurors do so. But most of my cases are pretty boring so.... . In a case like this or other higher profile cases, some jurors may want to get their opinions out.
 
Cool Cats said:
Ok, thanks. This tells me there is a good chance he won't be retried.
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I think you are correct- the loss was just too lopsided have another trial.

As a side note, I lived in a border town once. They are actually far more diverse than many people think. This diversity includes:

- Hispanics who are avid supporters of border enforcement.
- Ranchers who though not fond of trespassers, have put up with them for years and have never looked for pretenses to shoot one. Nor, would they be inclined to support anybody who did kill a trespasser on a pretense.

In the end, the jury pool was likely diverse and still resulted in a jury dealing out a 7-1 loss. This seems to say something about the case.
 
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Hung jury split 7-1 in favor of acquitting Nogales rancher in murder trial, defense says​


"Lowthorp told the Star she got to speak to two jurors, who voted to acquit, for about 30 minutes after court recessed on Monday. The jurors conveyed they thought the defense’s narrative was effective and thorough, she said. Still, Lowthorp said the defense might adjust its strategy somewhat if the prosecutors decide to re-try the case."

tucson.com

Hung jury split 7-1 in favor of acquitting Nogales rancher in murder trial, defense says

One juror was the lone holdout in refusing to acquit rancher George Alan Kelly in migrant's death, defense team says.
tucson.com tucson.com
 
It will be interesting to see what the Prosecutors say at the status hearing Monday. They are in a rather unenviable position. Do they retry or not? They are certainly getting pressure from Mexico and the deceased's family to do so. But there are a lot of factors to consider.
 
PrairieWind said:
It will be interesting to see what the Prosecutors say at the status hearing Monday. They are in a rather unenviable position. Do they retry or not? They are certainly getting pressure from Mexico and the deceased's family to do so. But there are a lot of factors to consider.
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IMO The case is hanging on by a thread, that thread being a single holdout juror in a case where they have the burden of proof. I think the case against Mr Kelly is doomed, frankly.
 
This case should never have gone to trial. The state didn't even manage to prove that it was Mr Kelly's bullet which fatally wounded Mr Cuen-Buitimea, let alone that he was not justified to do so on his own property which he was trespassing on yet somehow managed to no-scope him from over 100 yards away with an upward trajectory? And even with the help of an absolute biased <modsnip - circumventing the profanity filter>
of a judge who showed some of the most disgusting behaviour I've ever seen in a courtroom, they still only managed to convince 1/8th of a jury that this man is a murderer.
 
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I also read (or heard - can't remember source) that IF the prosecution decides to re-try the case against Mr Kelly, they have to do so within 60 days.

If they decide not to charge Mr Kelly again, will he live the remainder of his life as an innocent man? Or is there some other legal term?
 
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fred&edna said:
I also read (or heard - can't remember source) that IF the prosecution decides to re-try the case against Mr Kelly, they have to do so within 60 days.

If they decide not to charge Mr Kelly again, will he live the remainder of his life as an innocent man? Or is there some other legal term?
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No legal term ... he will be the same legally as he was before he was charged. Just like if he had been aquitted by the jury.
 
PrairieWind said:
It will be interesting to see what the Prosecutors say at the status hearing Monday. They are in a rather unenviable position. Do they retry or not? They are certainly getting pressure from Mexico and the deceased's family to do so. But there are a lot of factors to consider.
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Despite the 7-1 defeat, I am thinking they will for a second retrial, but never a third.

As a distant side note, the initial prosecution of this self defense case also went very badly (10-2 for aquittal). The trial was in Texas- where there can be a tilt towards accepting self defense claims.

But.... when the family insisted on a retrial, prosecutors regrouped by replacing both initial prosecutors with an experienced prosecutor who had actual "knock down, drag out" court experience in tough, actively contested cases. The next jury went 12-0 for a conviction.

In the end, I would like to now the actual trial experience of the prosecutors in "round one"? Were they:
- A. highly experienced in paper plea bargain agreements with some experience in actual trials of the "slam dunk" variety?
- B. Were they already experienced in actual trials that are truly and skillfully contested?

If "A", I think they are going to re-assign and try again. If "B", then their best effort had been made with a 7-1 loss. Time to give up.

 
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