Ward Thisperer
on a lent break
- Joined
- Oct 10, 2023
- Messages
- 199
- Reaction score
- 1,436
Post from CW re: RA's charges:
"@publicdefender_ is an excellent attorney. Please listen to this episode. But I want to clarify one thing, and if he thinks I'm wrong I hope he will respond.
Richard Allen has been charged with felony murder, NOT knowing/intentional murder. This case is NOT capital or LWOP-eligible, as it is currently charged. The charging information does not allege he knowingly or intentionally killed the girls. And it expressly references Subsection (2) of the murder statute, which is the felony murder provision.
This is important, because IMO it puts the State's comments at the press conference into context that they were still investigating and believed other people may be involved. The charges, as alleged, mean the State does NOT have to show that Allen actually killed the girls, but only that the girls died while Allen (and maybe others) kidnapped the girls.
And to muddy the waters even further, at trial the State can decide to pursue convictions by showing accomplice liability. That means the State could seek a guilty verdict by showing that Allen didn't even participate in the kidnapping; he merely "aided, induced, or caused" others to kidnap and kill the girls.
Law review articles have been written about how squishy the combination of accomplice liability and felony murder can be."
"@publicdefender_ is an excellent attorney. Please listen to this episode. But I want to clarify one thing, and if he thinks I'm wrong I hope he will respond.
Richard Allen has been charged with felony murder, NOT knowing/intentional murder. This case is NOT capital or LWOP-eligible, as it is currently charged. The charging information does not allege he knowingly or intentionally killed the girls. And it expressly references Subsection (2) of the murder statute, which is the felony murder provision.
This is important, because IMO it puts the State's comments at the press conference into context that they were still investigating and believed other people may be involved. The charges, as alleged, mean the State does NOT have to show that Allen actually killed the girls, but only that the girls died while Allen (and maybe others) kidnapped the girls.
And to muddy the waters even further, at trial the State can decide to pursue convictions by showing accomplice liability. That means the State could seek a guilty verdict by showing that Allen didn't even participate in the kidnapping; he merely "aided, induced, or caused" others to kidnap and kill the girls.
Law review articles have been written about how squishy the combination of accomplice liability and felony murder can be."