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

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.