When I heard about this murder case, I was confused because I also heard it was a choking case. Horrifically, I was not given bad information: it is a choking case, and Richard Patterson claims the woman choked on his member. Trial is underway, and Patterson’s attorney argued a motion to allow the jury to see his penis. Reportedly, the state does not object: what can they say if that is the defense he claims. Defendants have broad latitude to present and argue their defenses.
At issue is whether or not the penis will be erect… The state argues that it should be erect, for proper context. That actually kind of makes since, as the Defendant is arguing that she accidentally choked while giving him oral sex. It appears there will be no dispute that she was otherwise healthy and died of asphyxiation, but to prove second degree murder, the state will have to show that the defendant cased the death by an act that was “imminently dangerous” AND “demonstrating a depraved mind without regard for human life”. An accidental death during consensual sexual activity would not meet this standard, though the State is likely to argue that his story doesn’t make sense. The Defendant indicated in his motion that they intend to call the Broward Medical Examiner who will testify the death is “consistent” with accidental asphyxiation during oral sex. This could end up being the trial of the year…
The trial started yesterday, and a jury has been selected. The judge has not ruled whether the penis will need to be erect for the jury demonstration. The death occurred in Broward county in 2015, and Patterson is facing life in prison if convicted.
Posted in Criminal Law, Florida, Miami / South Florida, Whimsy
Tagged broward, choking, deathbypenis, margate, murder, only in florida, richard patterson, sexcrime, trial
Reelz has produced a new Amanda Knox biopic, as part of their show “Scandals Made Me Famous.” It aired for the first time over the weekend, but I just saw the ad. They claim to have some new reveals on the Kercher case, so it may be worth a watch, even if the show is on the tabloid end of the spectrum. They appear to be very critical of the police investigation that lead to her wrongful arrest and conviction, which was overturned. I’m sure it will air again.
And as a reminded, there is a documentary on Netflix that includes conversations with not only Knox, but the prosecutor and other important players.
A jury today found former Gator and Patriot football player not guilty on two counts of murder, along with the attempted murders of the other passengers and the intimidation charge against the State’s key witness. He was found guilty of illegal firearms possession, and sentenced to four to five years in prison, most of which he has already served. Now, this acquittal may be all for naught, as Hernandez is already sentenced to life in prison for the murder of Odin Lloyd, for whom he was convicted of killing in 2013.
Keep in mind, a criminal acquittal is not proof that he did not do it (cough cough – OJ – cough cough). It merely means that the state did not convince the jurors beyond and to the exclusion of any reasonable doubt. The state’s case was based on the testimony of Alexander Bradley, a convicted violent drug dealer who says he was there and Hernandez did it. Hernandez’s attorney Jose Baez (who famously defended Casey Anthony) did a great job of casting doubt on Bradley, his motivations, and suggesting that it may have been Bradley who did the shooting. Without corroborating evidence, accepting Bradley’s testimony to convict was presumably to hard for the jury to swallow.
Hernandez’s other conviction is being appealed and will be heard by the Massachusetts Supreme Court, probably later this year.
The prosecution and Defense concluded their closing arguments this afternoon. The jury is expected to begin deliberations tomorrow. The Defense attacked the state’s star witness, himself a violent drug dealer with reason to blame Hernandez instead of himself. Jose Baez made some colorful arguments that the state did not prove their case.
Hernandez’ arm, with possibly incriminating tats
The State argues their witness was credible, and that the evidence supports his claim. They say Hernandez had motive, opportunity, and they allege that a tattoo he later got equates to a confession. This is not the first time tattoos have allegedly documented a crime. A verdict is expected in the coming days.
The prosecutors offered immunity to the fiance of Aaron Hernandez in order to get her to testify on their behalf in both of his murder trials. She testified in the second case this week, but she was definitely not there to help the prosecution. In fact, she gave Hernandez an alibi, saying that he was in a hotel with her at the time the murders allegedly took place. Prosecutors rebutted that evidence, by showing that a call was made from Hernandez’ phone to her from Boston’s South End just minutes after he allegedly shot two men after a dispute at a Boston nightclub. A federal agent testified that cell phone records indicated there was “absolutely no way” he could have been in Plainville when she claimed.
Jenkins-Hernandez was a reluctant witness for the prosecution, to say the least. After the previous trial where Aaron Hernandez was convicted of the murder of Odin Lloyd, she not only maintained her engagement to him, but she even added is name to hers as a hyphenate. They are not legally married, and apparently Massachusetts does not allow conjugal visits, even if they were married. While she testified for the prosecutors, if they secure a conviction, it will be in spite of her testimony, not because of it.
The prosecution is expected to rest their case today or early next week.
Posted in Criminal Law, Florida, Uncategorized
Tagged aaron hernandez, boston, connecticut, dan wetzel, jose baez, Massachusetts, murder, nfl, plainville, south end, trial