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RayTy

(50 posts)
Fri Oct 3, 2014, 12:20 PM Oct 2014

Involuntary manslaughter charge dismissed in cop shooting of Aiyana Stanley-Jones

Source: Detroit free press

A Wayne County Circuit Court judge this morning dismissed an involuntary manslaughter charge against a Detroit police officer charged in the death of 7-year-old Aiyana Stanley-Jones.

The attorney for Joseph Weekley requested that Judge Cynthia Gray Hathaway dismiss the felony charge.

Assistant Wayne County Prosecutor Robert Moran immediately objected and asked for a stay before closing arguments in Weekley's trial, which was granted. The charge of careless discharge causing injury or death remains before the jury.

Read more: http://www.freep.com/story/news/local/michigan/wayne/2014/10/03/weekley-trial-aiyana-stanley-jones/16636179/



this is bullshit!
6 replies = new reply since forum marked as read
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Involuntary manslaughter charge dismissed in cop shooting of Aiyana Stanley-Jones (Original Post) RayTy Oct 2014 OP
The prosecution's problem is always proving *each and every element* of the crime. ColesCountyDem Oct 2014 #1
just another dead black child RayTy Oct 2014 #2
True That! mazzarro Oct 2014 #4
It's possible that the prosecution did a good job, but the judge's ruling is wrong. ColesCountyDem Oct 2014 #6
Whoa billhicks76 Oct 2014 #3
They All Serve to Protect... SoapBox Oct 2014 #5

ColesCountyDem

(6,943 posts)
1. The prosecution's problem is always proving *each and every element* of the crime.
Fri Oct 3, 2014, 01:09 PM
Oct 2014

Theoretically, the prosecution may prove 3 of 4 elements of Crime X 'beyond a reasonable doubt, and to a moral certainty', but fail to prove the 4th. In such a case, a judge is ethically and legally required to enter either a verdict of 'not guilty', or dismiss the charge altogether without letting the case go to the jury. Furthermore, even if the judge does allow the case to go to the jury, the judge may, upon a defendant's motion, enter a J.N.O.V. (judgment 'non obstante veredicto'), overturning a jury's guilty verdict in a criminal trial; this occurrence, while rare, is an admission by the court that the court should have directed the jury to find the defendant not guilty.

The judge in this case may well believe that Officer Weekley is guilty, in a moral sense, but also believe that the prosecution has not sustained its burden in proving its case.

RayTy

(50 posts)
2. just another dead black child
Fri Oct 3, 2014, 01:18 PM
Oct 2014

nothing to go to trial about. I understand what your saying but it seems fishy that the prosecution couldn't put on a case.

ColesCountyDem

(6,943 posts)
6. It's possible that the prosecution did a good job, but the judge's ruling is wrong.
Fri Oct 3, 2014, 05:34 PM
Oct 2014

The prosecution is appealing the judge's ruling, which is rare enough.

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