Minette
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- Oct 16, 2011
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Just wanted to mention that even if the state fails to prove intent, which would negate the 'malice murder' charge, there are still (I think) two charges of felony murder on the table, which do NOT require that the state shows that RH intended to kill Cooper, only that Cooper's death occurred while RH was committing a felony or felonies. So even if the state fails to meet the standard of proof for intent, as long as RH is found guilty of other felonies. Therefore, if he is found guilty of cruelty to children in the 1st or 2nd degree (both felonies) and/or criminal exploitation of a child (a felony related to the sexting with a minor) he can still be guilty of felony murder. Whatever you think about how the state is presenting the case for malice murder, I think they crafted the charges very carefully in case RH fell through the 'sympathy for a grieving parent' net. That's why (IMO) the defense fought so hard to have the sexting charges separated from the rest of the trial, because they knew he was basically dead to rights on that one.
In my opinion, he didn't necessarily set out to 'murder' Cooper, but I think he set up all the circumstances to leave him in the car to 'see what happened.' I think he rolled the dice without necessarily knowing what would happen, and that's why he acted so 'off' when they found Cooper dead. I think he's 100% guilty on the cruelty to children & sexting charges and will go down for felony murder accordingly, so even if the state can't can't prove intent to commit murder he'll receive proper sentencing. IMO.
In my opinion, he didn't necessarily set out to 'murder' Cooper, but I think he set up all the circumstances to leave him in the car to 'see what happened.' I think he rolled the dice without necessarily knowing what would happen, and that's why he acted so 'off' when they found Cooper dead. I think he's 100% guilty on the cruelty to children & sexting charges and will go down for felony murder accordingly, so even if the state can't can't prove intent to commit murder he'll receive proper sentencing. IMO.