That is the current charge, but given the lack of information about the 9th and 10th, I've often wonder if it would have been an easier sell to jurors to say he killed him in what in Colorado is known as "heat of passion". In Colorado it used to be classified as manslaughter but now is classified as second degree murder. IMO it is the "intent" piece that is the most difficult for prosecution as I'm unsure how they will prove deliberation and malice when they do not have a time of murder or a method of murder. How do they prove it wasn't a crime of passion for the jury and I don't know if the judge is going to allow the jury to find guilty to a lessor charge. From a strategy perspective it "might" help prosecution if some of Barry's anger traits don't come into the trial...those support crime of passion better than Murder 1 in my opinion as does his tendency as expressed by Suzanne to run away from their conflicts.
B-b-but...
... unless there is some means under the CRCP whereby an accused may
compel the judge to charge the jury that, as a matter of law, they must:
- unanimously find this accused guilty of murder I, or
- unanimously find him not guilty of murder I, or
- ultimately be unable to reach either of the two, and only these two, verdicts.
Out of the gate,
imo, the answer
must be
NO!
No way. And for an indeterminate host of reasons, which need not be fleshed-out further now.
Developing this a bit further, I have to wonder if D& I have even touched upon the subject/possibilities of LIO's with their client. [Ethically, again out of the gate, I'm of the mind that
they must do so. I'll qualify this only by opining that counsel may accomplish this at a time of
their own choosing.]
Whether Barry has told his team that his going to prison is not an option, we'll not know until the book appears. Likely he has, but his lawyers have heard this opening bluster from most if not all of their clients.
But what D&I may not grasp is that Barry very well may be - may I say it? I think I will.- deadly serious.
In earnest,
Barry according to Barry does not include ever again going behind bars:.
- not for concealing evidence;
- not for attempting to influence or mislead witnesses;
- not for a short-gun;
- and most certainly not for any rubbishy LIO , such as some bogus degree of Manslaughter, that just happens to be subsumed within the elements of Murder I.
AlphaBarryAxiomPrime
I will never stand in jeopardy of,
let alone agree to,
the imposition of any forms restraint
upon my earthly liberty*.
For ever, and ever.
Amen.
* {You may read, "license", in lieu of "liberty".Your call...}