In hindsight imo maybe separate trials would have been better. It's a lot for jurors to take in, seperate and process
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Quote Originally Posted by Logic-lady
I wonder is this a sign that each of them is going to blame the other for the 'fatal' blow and hope that if the jury cannot equate the final blow to either of them they will find it harder to find them both guilty...JMO
My prediction is that both will be found guilty when it cannot be proven who actually made the final blow. It is called "joint enterprise" in Australian law.
I'm not sure what it is called in US law.
Encyclopedia of Capital Punishment in the United States, 2d ed.
https://books.google.com.au/books?isbn=0786451831
Louis J. Palmer, Jr. - 2008 - ‎Social Science
In their appeal to the United States Supreme Court, the defendants argued ... the [fatal blow], and the place of death equally with that of the [fatal blow] had to be ... in his first trial; however, the remaining two defendants could be prosecuted a ... The jury returned a verdict of guilty of capital murder against all three defendants.
PEOPLE v. CULUKO | FindLaw
caselaw.findlaw.com Caselaw California CA Ct. App.
Both defendants were found guilty as charged; the murder was set as second degree. ... it is hard to feel sure which defendant actually struck the fatal blow; many of them ... We will conclude, however, that the jury was properly instructed, and, based ... He had multiple bruises, in various stages of healing, on his face, chest, ...
I wonder why they removed the other option of "voluntary manslaughter"?
Caitriona Perry‏Verified account
@CaitrionaPerry
Prosecution has withdrawn charges of voluntary manslaughter against Molly Martens Corbett&Thomas Martens, stand accused of 2nd degree murder
6:15 AM - 18 Jul 2017
[video=twitter;887043170529357825]https://twitter.com/CaitrionaPerry/status/887043170529357825[/video]
Voluntary manslaughter is the killing of a human being in which the offender had no prior intent to kill and acted during "the heat of passion", under circumstances that would cause a reasonable person to become emotionally or mentally disturbed.
Voluntary manslaughter - Wikipedia
https://en.wikipedia.org/wiki/Voluntary_manslaughter
Murder and Manslaughter: Case Example 1
Facts: Fast Boyle is walking along a busy street. Clay bumps into Boyle and continues walking without saying, "Sorry." Angered by Clay's rudeness, Boyle immediately pulls out a gun and kills Clay.
Verdict: Boyle could probably be convicted of second degree murder, because he killed Clay intentionally. A judge or jury is unlikely to conclude that the killing was premeditated, which would elevate the shooting to first degree murder. On the other hand, this wasnt the kind of heat-of-passion killing that equals voluntary manslaughter. While Boyle might have been provoked in some sense, the circumstances werent so extreme to cause a reasonable person to lose control.
Murder and Manslaughter: Case Example 3
Facts: Lew Manion comes home to find that his wife Lee has been badly beaten and sexually abused. Manion takes Lee to the hospital. On the way, Lee tells Manion that her attacker was Barnett, the owner of a tavern that she and Manion occasionally visit. After driving Lee home from the hospital about four hours later, Manion goes to a gun shop and buys a gun. Manion then goes to the tavern and shoots and kills Barnett.
Verdict: Manion could be convicted of first degree murder, because the time for reflection and his purchase of the gun indicates premeditation and deliberation. Voluntary manslaughter is a somewhat less likely alternative because a judge or jury could find that the heat of passion had cooled, even though Manion remained angry at the time he acted.
http://www.nolo.com/legal-encyclopedia/homicide-murder-manslaughter-32637-2.html
So what do you think so far the verdicts should be for both Defendants having read these points?