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Ronald Gasser can't be retried on murder charge in Joe McKnight killing, judge rules
Posted on 2/10/21 at 7:13 pm
Posted on 2/10/21 at 7:13 pm
LINK
[quote]The Jefferson Parish District Attorney's Office said it would again try him for murder. But Gasser's attorney, Dane Ciolino, that the manslaughter verdict implicitly acquitted his client. He argued that Gasser a second time for murder would violate the "double jeopardy" clause, which protects a defendant from being prosecuted for the same crime, twice.
State District Judge Ellen Shirer Kovach agreed./quote]
quote:
A Jefferson Parish judge ruled Wednesday that the state cannot prosecute Ronald Gasser again for second-degree murder when he is retried in the fatal shooting of former NFL player Joe McKnight, court records show.
Gasser had faced a murder charge during his first trial in 2018, but a jury convicted him of manslaughter on a 10-2 vote. Gasser was granted a new trial after the U.S. Supreme Court ruled in April 2020 that Louisiana's non-unanimous jury verdicts were unconstitutional.
[quote]The Jefferson Parish District Attorney's Office said it would again try him for murder. But Gasser's attorney, Dane Ciolino, that the manslaughter verdict implicitly acquitted his client. He argued that Gasser a second time for murder would violate the "double jeopardy" clause, which protects a defendant from being prosecuted for the same crime, twice.
State District Judge Ellen Shirer Kovach agreed./quote]
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Posted on 2/10/21 at 7:16 pm to Major Dutch Schaefer
Well, this one didn’t turn out like the liberals had hoped.
Posted on 2/10/21 at 7:16 pm to Major Dutch Schaefer
Explain this to me like I’m 5
Posted on 2/10/21 at 7:16 pm to Major Dutch Schaefer
Not a ciolino fan, but he’s right
Posted on 2/10/21 at 7:17 pm to Major Dutch Schaefer
Posted on 2/10/21 at 7:18 pm to Major Dutch Schaefer
Interesting
Posted on 2/10/21 at 7:18 pm to pchwinner
quote:
Explain this to me like I’m 5
Judge agreed that because the jury found him guilty of the lesser charge of manslaughter, they found him not guilty of 2nd degree murder. Once you are found not guilty of a crime, you cannot be retried for that crime. Double jeopardy has kicked in on the 2nd degree murder charge.
Posted on 2/10/21 at 7:19 pm to Major Dutch Schaefer
quote:
Dane Ciolino
Big Daddy Dane
Posted on 2/10/21 at 7:19 pm to pchwinner
The original jury says not guilty of murder when they say guilty of manslaughter, which is a responsive (lesser) verdict.
When he gets a new trial, that prevents the state from getting a second bite at the apple on 2d degree murder. Now they have to try for manslaughter and face the 40 year max with 10 year firearm enhancement.
When he gets a new trial, that prevents the state from getting a second bite at the apple on 2d degree murder. Now they have to try for manslaughter and face the 40 year max with 10 year firearm enhancement.
Posted on 2/10/21 at 7:19 pm to pchwinner
quote:
Explain this to me like I’m 5
Double Jeopardy. He was already tried for 2nd degree murder and was implicitly acquitted by the manslaughter charge.
Posted on 2/10/21 at 7:19 pm to Major Dutch Schaefer
quote:
But Gasser's attorney, Dane Ciolino, that the manslaughter verdict
quote:Did Larry Leo write this article? fricking terrible grammar. Lots of missed words.
He argued that Gasser a second time for murde
This post was edited on 2/10/21 at 7:21 pm
Posted on 2/10/21 at 7:21 pm to pchwinner
quote:
Explain this to me like I’m 5
In the first trial, the jury rejected the murder charge, instead convicting him on the lesser included manslaughter charge. This was essentially an acquittal on the murder charge. With that, he can't be tried again for murder. Would be double jeopardy. That's the best I got.
Posted on 2/10/21 at 7:22 pm to Major Dutch Schaefer
quote:
Once you are found not guilty of a crime, you cannot be retried for that crime.
The 5th Amendment is awesome. In some countries you can be retried, even after a not guilty verdict. That's how they got Oscar Pistorius in South Africa.
Posted on 2/10/21 at 7:25 pm to pchwinner
quote:
Explain this to me like I’m 5
Apparently the DA had some kind of minor stroke and forgot, you know, law and stuff.
You can't attempt to retry someone after their conviction on a lesser included offense. That's it. The DA took his shot and he missed.
Posted on 2/10/21 at 7:27 pm to Major Dutch Schaefer
quote:
Judge agreed that because the jury found him guilty of the lesser charge of manslaughter, they found him not guilty of 2nd degree murder. Once you are found not guilty of a crime, you cannot be retried for that crime. Double jeopardy has kicked in on the 2nd degree murder charge.
I don't have a problem with that decision, and I am/was very anti-Ronald Gasser.
Posted on 2/10/21 at 7:30 pm to pchwinner
quote:
Explain this to me like I’m 5
Posted on 2/10/21 at 7:30 pm to Major Dutch Schaefer
When do we burn shite??
Posted on 2/10/21 at 7:32 pm to slackster
quote:
I don't have a problem with that decision, and I am/was very anti-Ronald Gasser.
And someone is supposed to care about what you think?
This is the OT.
This post was edited on 2/10/21 at 7:34 pm
Posted on 2/10/21 at 7:33 pm to Major Dutch Schaefer
Dane Ciolino
Big Dane the Mayne! Helluva lawyer.
Big Dane the Mayne! Helluva lawyer.
Posted on 2/10/21 at 7:33 pm to slackster
Agreed. He's an a-hole who killed someone because he thought he could get away with it, not because he was in fear for his life.
Didnt he get a 40 year sentence?
Didnt he get a 40 year sentence?
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