oceanblueeyes
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So dang many lies, omissions and story changes it is impossible for me to sort it all out. My head is spinning. Going back to read the early accounts just makes it worse.
The State is going to have their hands full with this one.
Question: We know what offenses the accused are currently charged with. Can the State change that before the trial begins? If they can't or decide not to, can the jurors change what they vote them guilty on, if anything?
As the trial unfolds usually at the end of the trial either side (defense or state) can ask the Judge to include lessor charges than what the suspects were indicted on. I have seen the state go all in and want just the top charge only and nothing less and a time or two I have seen the defense want that too although it is risky to do so.
In the end it is up to the Presiding Judge whether to include lessor charges or not and what they will be. He/she will do that after he hears all the testimony from the state and the defense. There will be a hearing with the Judge and the adversarial parties where this will be discussed and the Judge will rule one way or the other. For example: If he thinks the testimony and evidence doesn't fit the definition of voluntary manslaughter he will not put that charge in. The lessor charges have to be supported by the evidence presented even if not in great detail.
I don't see the state changing the charges on EN and if they have more evidence than we are aware of on DA they will not change the charges on him either.
Didn't they say this week the state will be letting the court know in the coming week or two whether this case will be a DP case?
If they are even considering the death penalty the DA is sure of his case and believes he can prove it BARD. Imo. State attorneys are in it to win it just like defense attorneys.
I have read some articles lately where more Judges are allowing lessor charges in..... in order to prevent an appeal. I cant remember at the moment if Judge Stephens allowed lessor charges in during the Arias case which of course was a death penalty case. Maybe another poster will know that answer. Not all Judges do put lesser charges in a capital case though but I don't know how they do it in Nevada.
If we only knew all of the evidence the police and the state have in their possession we could make more informed guesses.

IMO