Affirmative defense -- Yep, that's about all they've got to beat this, IMO, but we don't have/know all the facts yet. Neither does anyone else, IMO.
I thought I would look it up to see what angle the defense might take with this not-a-Mensa-member man. We've seen it tried before, but here is some info about that type defense -- note that it is from the office of a criminal defense attorney:
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[...]
How Defendants Prove Affirmative Defenses
An affirmative defense of self-defense, or any other affirmative defense, doesn’t just present itself. While a criminal defendant may decide to offer no evidence during trial, hoping the prosecution will fail to meet its burden, this approach won’t work if the defendant has an affirmative defense. The defendant must offer proof at trial supporting the affirmative defense, meeting the standard of proof set by state law (usually a preponderance of the evidence, which is a lesser standard than the prosecution’s). If the jury concludes that, for example, a preponderance of the evidence supports the defendant’s claim of self-defense, it must acquit.
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bbm
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Affirmative Defenses in Criminal Cases
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Interesting if they go that way...
To Mr. Watts: "...
you've got to ask yourself one question: 'Do I
feel lucky?' "