Found Deceased CA - Blaze Bernstein, 19, Lake Forest, 2 Jan 2018 #6 *Arrest*

[Cryptic]

So unless he broadcast it, how would people know? My Dad, brothers, son, nephews all carry one.

As you implied, it is going to be hard. In the suspect's favor, he could point to his Eagle scout rank to support a claim that he routinely carried one. The connection between Eagle Scout and routine knife carry is reasonable.

A possible counter argument by the proscecution could be when the knife was purchased. If it was purchased just prior to the rendezvous and especially if the suspect went out of his way to purchase it, a claim of "Well, I always carry one and just needed one." would be harder to support.

 

[Seajay]

As you implied, it is going to be hard. In the suspect's favor, he could point to his Eagle scout rank to support a claim that he routinely carried one. The connection between Eagle Scout and routine knife carry is reasonable.

A possible counter argument by the proscecution could be when the knife was purchased. If it was purchased just prior to the rendezvous and especially if the suspect went out of his way to purchase it, a claim of "Well, I always carry one and just needed one." would be harder to support.

True. I suppose he wouldn't be able to get away with the defense "I always carry one and just bought a brand new one cuz I liked it."

 

[Seajay]

Does anyone think because this case is so high profile, that they will have to change venue to try it and get a fair jury?

 

[Gooddeeds]

In my opinion I am leaning to the camping gear-sleeping bag, the woods, the knife and the statement from his attorney “Eagle Scout” as a crafted cover up. I’m inclined to think that SW isn’t the only murderer who was an Eagle Scout and I don’t recall hearing an attorney blurting that out at a hearing and at the first public appearance. Not a smart move in my opinion.

I want to know more about SW camping plans that week, was he an avid camper and what type(s) of knives did he have and use on his camping trips. Doesn’t appear he was going camping that night since he went to his pretend girlfriends pretend-house. I think if Blaze was considering joining him for a one night camp-out he would have carried his glasses and most likely a few dollars to buy a soda and snacks.

Something that I haven’t seen mentioned is the lack of emotion from SW over his friend being murdered ‘by accident’. Is it that he feels it was justified, therefore he can’t muster up any remorse??? Self defense and stabbing 20 times are not synonymous.

 

[borndem]

Does anyone think because this case is so high profile, that they will have to change venue to try it and get a fair jury?

IMO, it depends on the size of the jury pool -- how many people are in the total pool? The population of Lake Forest, CA, is 77,264 at the 2010 census (I doubt the city size would matter), according to Google; Orange County, CA, population is 3.17 million -- I assume the jury would be drawn from the county, so it sounds like the pool would be large enuff. And it would add to the expense of the trial if they had to bus jurors back & forth. JMO.

 

[mrsobrien]

This case breaks my heart. Due to my work in performing arts, I am up to my eyes in LGBTQ teens and young adults. Their fears of violence are warranted. I can barely follow this story...

 

[BelMarduk]

I don’t believe this was a hate crime. I think it was a self-hate crime.

That's still a hate-crime. I know what you're trying to say but Woodward should have harmed himself rather than an innocent person. That would have been tragic but he had no reason to drag Berstein into this.

 

[borndem]

First Degree murder requires premeditation. But premeditation can be pretty short. First degree does not imply hate crime.

bbm
Some states include in their description of premeditation -- "premeditation, however short" or "pre-planning, however short," etc.

 

[kay74]

If SW did not like BB kissing him on the lips, he should have opened the passenger side of the car and told BB to leave. End of story. You don't kill someone.
He either had a lot of anger, on something, or both. IMO

 

[Maroon10]

If SW did not like BB kissing him on the lips, he should have opened the passenger side of the car and told BB to leave. End of story. You don't kill someone.
He either had a lot of anger, on something, or mentally-ill. IMO

Exactly, thank you!

 

[Cryptic]

I dont believe we should be justifying murder in any way.

You are confusing justifying murder with finding mitigating circumstances for the defendant. I guess abused women who eventually murder their abusers have no excuses either- right?

 

[Maroon10]

You are confusing justifying murder with finding mitigating circumstances for the defendant. I guess abused women who eventually murder their abusers have no excuses either- right?

Im guessing you ignored the self defense portion of my statements. <modsnip>

 

[DizzyB]

I wonder if the DA mentioning the size difference between Blaze and SW was done for emphasis. In case we go down the road of Blaze being the sexual aggressor and SW trying to fend him off.

 

[Maroon10]

I wonder if the DA mentioning the size difference between Blaze and SW was done for emphasis. In case we go down the road of Blaze being the sexual aggressor and SW trying to fend him off.

that was my thoughts too, a little foreshadowing im thinking.

 

[borndem]

For those who want to read CA law on Homicide, see this:

https://law.justia.com/codes/california/2005/pen/187-199.html

 

[Cryptic]

If SW did not like BB kissing him on the lips, he should have opened the passenger side of the car and told BB to leave. End of story. You don't kill someone.
He either had a lot of anger, on something, or both. IMO

Or worse- was looking for a pretense to commit murder.

The suspect strongly suggests that he is straight and also has a low tolerance of same sex affection. Yet, he apparently accompanied an individual who made no secret of his homosexuality to an isolated area of a park late at night.

But... given the totality of the circumstances, what was the real reason he in the park in the first place?

 

[Cryptic]

Im guessing you ignored the self defense portion of my statements. <modsnip>

Not all abused women who murder their abusers do so solely for self defense. In fact, juries have rejected some claims of self defense by such women.

At the end of the day, some victims contribute to the crimes against them. This does not justify the crimes, but can present mitigating circumstances at sentencing. The mitigating circumstances can result in a token or substantial sentence reduction.

Such mitigating circumstances could be based on many things including past abuse, taunts by the victim, aggressive actions by the victim, and yes... willfull and ongoing sexual manipulation by the victim.

 

[Maroon10]

not all abused women who murder their abusers do so solely for self defense. In fact, juries have rejected some claims of self defense by such women.

At the end of the day, some victims contribute to the crimes against them. This does not justify the crimes, but can present mitigating circumstances at sentencing.

Such mitigating circumstances could be based on many things including past abuse, taunts by the victim, aggressive actions by the victim, and yes... Willfull and ongoing sexual manipulation by the victim.

i dont believe we should be justifying murder in any way. Being an on/off again love interest like you state, in my mind doesnt bring any justification for murder in the slightest. I think its a slippery slope to say a victim may have deserved murder in any capacity for any reason other than self defense and sw and jodi were both not acting in self defense.

"some victims under take actions that contribute to the crime against them."
ie: Victim blaming 101, she was dressed too promiscuous, he was out at night, she was drunk at a bar, she cheated on him, he did drugs.... Slippery slope of victim blaming and shaming.

blame the murderer dont shame the victim.

Have a good night buddy.

bbm, mho

 

[Maroon10]

Not all abused women who murder their abusers do so solely for self defense. In fact, juries have rejected some claims of self defense by such women.

At the end of the day, some victims contribute to the crimes against them. This does not justify the crimes, but can present mitigating circumstances at sentencing. The mitigating circumstances can result in a token or substantial sentence reduction.

Such mitigating circumstances could be based on many things including past abuse, taunts by the victim, aggressive actions by the victim, and yes... willfull and ongoing sexual manipulation by the victim.

Sorry I just cant get my head around justifying murder. We are not on the same page.

I consider murder an a whole different level. Not something justifiable by things as simple as "taunts" like you said. Sorry

 

[EuTuCroquet?]

Kinda OT, and I probably misread. Benzos (xanax, klonopin, atavan, etc.) and opioids (oxycodone, tramadol, etc.) are two different classes of drugs. (And benzos are sometimes prescribed to treat opioid withdrawal.)

But your point stands and your warning is a good one, imo. Both are *highly* addictive, many physicians don’t understand the dynamics of addiction, and withdrawal can literally be deadly. I also agree, from experience helping family wean off longterm prescription benzo use, they indeed can cause allllllllll the symptoms you said.


If we’re theorizing on toxicology of S.W., I agree it’s conceivable that benzos, especially, could contribute to a violent episode. Someone upthread asked if he was tested when arrested. It would be interesting to know.

Good post and great points, RU. Thank you.


rsbm

We are in the midst of an opioid epidemic. Addiction and drug use have come out of the shadows and now is affecting your average neighbor. . I am not talking about hard core heroin users, but the average Joe who gets hooked on pain killers. Like Klonopin, Xanax Valium, yada, yada. The side effects of these Benzos and the horrible withdrawal symptom's make for a very unstable society . What was once the normal behavior becomes psychotic, paranoid, aggressive, angry, violent, etc. Look up Benzodiazepine use and withdrawal...not a pretty thing going on with society.