wadahoot
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- Oct 5, 2009
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Sorry to rebut your statement, I'd like to make a point. Several people have suggested that because the victims were sleeping, he DEFINITELY had the requisite intent for first degree murder. This is simply not true. While the fact that they were asleep suggests intent, it is not "for sure."
Example: McCroskey is awake while the women are asleep. Emma's phone goes off with a text message. He goes into a rage, kills them all or kills her, panic and kills the rest.
In this fact pattern, McCroskey does not have the requisite intent. He also certainly did not "plan' this.
If he, as is alleged, lied in wait for the father, he would have the requisite intent for first degree murder with regard to the father. But again, we don't know that.
But most girls don't have a wood maul sitting around their bedroom (well, 'funny' but true, perhaps Emma did, as 'decoration'). But, assuming the wood maul was stored in the garage and/or a shed and/or outside, the time it took to go get the maul shows intent by law. Nancy Grace always points out (ad nausum) that intent can be in the snap of the fingers, while choosing to reach for a weapon, much less making a specific trip to other parts of the house.