re: Ronald Gasser can't be retried on murder charge in Joe McKnight killing, judge rules

Thank you very much

Many times prosecutors will throw in charges that they know aren't warranted based on the facts. So, like in this case, they'll throw in Murder when they know that the facts only really call for manslaughter. This is a psychological ploy. They want jurors to believe that by not convicting him of Murder they are doing the defendant some kind "favor" and they are "compromising" by convicting him of the "lesser charge". It's part of the game and part of the prosecutors game plan.

Out of the 10 that voted to convict Gasser in the first trial there are probably at least a couple who were just "cutting the baby" and felt they were doing Gasser a favor by not convicting him of Murder. In reality, Gasser should never have been charged with Murder in the first place.


SIDENOTE -- If I were a prosecutor in this case, one of the questions I would ask of all potential jurors is whether they they are an LSU fan and whether they follow recruiting. If they answer "Yes," I would look to exclude them for cause. If the judge doesn't agree, I would use a peremptory. This is a high profile case and involves racial/political overtones. And, Joe McKnight is not a very popular character with many LSU fans after the clown show he, his family, and J.T. Curtis put on with his recruitment. A prosecutor will need a jury that really feels sorry for McKnight and his family.

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It’s the correct holding of the statute.

Can’t believe he didn’t get sacked in the first trial.

Jury of your peers?

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This really isn't a statutory issue. It's a Constitutional issue. The Constitutional protection against Double Jeopardy isn't spelled out. Some believe that a hung jury should invoke Double Jeopardy but there are ruling that say it isn't. It's strictly a judge's interpretation. In this case, it sounds reasonable although reasonable people can disagree. I'm not sure if the DA can take an interlocutory appeal on this, i.e., appeal it before the trial.

As far as "get sacked," if Gasser had done this in Orleans Parish, he would most likely be buried underneath the jail. Hell, they might have gone for the death penalty and WON.

But, in Jefferson Parish he has a fighting chance. This will most likely be a majority white jury. If I were his defense attorney, I would definitely look to get as many white men on the jury -- especially LSU fans!!!

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No. It would have been a hung jury and the DA could have refiled charges. Think about it - once the jury got to 10-2, they quit deliberating

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Yeah, I see that now.

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This really isn't a statutory issue. It's a Constitutional issue. The Constitutional protection against Double Jeopardy isn't spelled out. It's strictly a judge's interpretation. In this case, it sounds reasonable although reasonable people can disagree. I'm not sure if the DA can take an interlocutory appeal on this, i.e., appeal it before the trial.

As far as "get sacked," if Gasser had done this in Orleans Parish, he would most likely be buried underneath the jail. Hell, they might have gone for the death penalty and WON.

But, in Jefferson Parish he has a fighting chance. This will most likely be a majority white jury. If I were his defense attorney, I would definitely look to get as many white men on the jury -- especially LSU fans!

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I think most whites people hate angry road raging bastards

Which is what this guy is

The whole hung jury mistrial thing seems wrong. If you’re innocent until proven guilty, and the state is unable to meet its burden of proving it, they shouldn’t be able to try the case over.

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The whole hung jury mistrial thing seems wrong. If you’re innocent until proven guilty, and the state is unable to meet its burden of proving it, they shouldn’t be able to try the case over.

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As I mentioned earlier, there have been some scholars who have argued that hung juries should invoke the Double Jeopardy clause on the Constitution. That seems like a settled issue now. However, the 10-2 verdict also seemed like a settled issue until 2020.

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Dude. This guy is a road raging murderer who has a past with road rage incidents

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Did these road rage incidents ever escalate into violence?

And, so, once he was involved in a road rage incident, that gave McKnight the right to get out of his car and reach into Gasser's car to drag him out of his car and beat the living f*ck out him? And, because Gasser had earlier been involved in a road rage incident, he has no right to defend himself against a 6'1" 220 lb. black muscular and extremely athletic black man looking to drag him out of his car?

And, do you think McKnight had any idea about the earlier road rage incident? If not, why is that even an issue in this case?

The ONLY issue here should be whether Gasser legitimately felt threatened for his life or felt he was in danger of great bodily harm when this large black man reached into his car and physically attacked him after the road rage incident?

With what is going on in the Greater New Orleans area right now with all of the car jacking incidents, surely you have to think that it's a good argument.

McKnight should have never gotten out of his car. He should never approached Gasser's car. And, MOST CERTAINLY, should NEVER have reached into to Gasser's car and physically assaulted him. If it actually happened as you believe, McKnight should have driven to the nearest police station or flagged down a police office and asked that Gasser be arrested for some sort of assault.

And, you SHOULD NEVER even consider convicting Gasser of manslaughter, MUCH LESS MURDER, because he was engaged in a road rage incident just because he is an a$$hole. From all reports, he never got out of his car.

NOLA has a crime problem and the overwhelming majority of the crimes are committed by blacks. "But, but, but... we need an honest conversation about race.” Honest until uncomfortable truths are brought up about black crime statistics.

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They said that the new unanimous ruling protects minorities, irony that a white guy is getting out on this one...

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it’s not that, it’s that requiring unanimity brings us in line with 48 other states

I do think he should be able to be tried for murder though. It’s an entirely new trial