I don't know how Beale would think there was a realistic way to try these seperately. Even if the prosecution wanted to go after her for the "Simon charges", the expense in doing so would probably not be worth it as may not add much to her sentence, and may even rrsult in a "served concurrently" rubbish.
Also would the prosecution need to wait for her avenues of appeals to be exausted first, otherwise there might be a possibility of a retrial the the "lunch charges" after a tral for the "Simon charges"?
Seems like the judge thought it was overly prejudicial. A history of unproven poisoning would lead to a certain conviction, ripe then to be appealed and overturned.
As it was, EP was found guilty on the merits of her actions specific to the four victims of her lunch.
What is most compelling IMO, short of proving BARD for poisoning SP over time, is the chronology of her searches, which IMO document a trend toward increasingly more fatal poisons.
So again, I don't love that her previous actions were barred from trial, it's a relief to know she can't appeal on those grounds. Judge ran a tidy trial.
I got briefly waylaid by the endless summary of the Defense's position. Remember, CM put on no defense. No experts. No one to refute the State's closings. They put EP on the stand. She was the only way to introduce her version of the facts, which only grew more ludicrous the longer she talked. Still, the State couldn't vet, rebut. All the judge did, is lay out EP's testimony and do so without affect or judgment. It was up to the jury to weigh it.
V
The judge was right too to instruct the jury that, if they found EP to be not credible, they couldn't find her guilty on that count. They could however disregard her "evidence", line by line, then return to the State's evidence to see if they've established her guilt BARD.
I see now how even, unbiased, methodical and thorough the judge was. IMO there is no air getting through the appeal door.
Choosing to take the stand was a bad decision. But (poor) strategy is not (legitimate) grounds for appeal. I'm certain the judge properly polled EP to make sure she was freely taking the stand, that it had been properly discussed with counsel, and that she was satisfied with the counsel she had. Locked it up tight.
EP proved herself to be wildly untruthful. What of her story was corroborated by anyone? And once you remove it, the case is straightforward. Awful but straightforward.
She was the source of the DCs, she had a dehydrator which she disposed, toxins were found in her prepared BW, although notably not visible, suggesting one further step, turned the dried DCs to powder. Who does that? Why? What need or value could powdered mushrooms OF ANY KIND add to a recipe? Someone who REALLY doesn't want abhor to know there are mushrooms in the meal...
Had EP offered credible remorse, whether true or faked, or even if she'd said nothing at all, one juror might have ascribed way too much humanity to EP and felt she'd made a terrible mistake.
But IMO EP cleared that up herself. Did nothing to assist the medical team treating the victims. Nothing about how she could have accidentally picked dangerous mushrooms, how awful she felt about her food causing agony and death, horror that she could have put her children at risk, you know with deadly mushrooms in the house and didn't even know it.
I hope the judge gives her consecutive sentences, if that possible, whatever it takes to be a real whioe life sentence.
Age is a biohazard and needs to remain behind bars, and even there, no one should grow lax. If she can poison the food supply, she will.
JMO