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Murder, race and unusual legal tactic combine in small town trial
AP via SFGate ^ | 11/15/7 | JULIANA BARBASSA, Associated Press Writer

Posted on 11/15/2007 9:00:47 AM PST by SmithL

San Francisco (AP) -- Three young black men break into a white man's home in rural Northern California.

The homeowner admits to fatally shooting two of them — but it's the surviving black man who's facing murder charges in a trial that begins Thursday in Lake County Superior Court.

With an explosive mixture of race, death and a rarely used legal doctrine, the case of Renato Hughes Jr. has brought unprecedented attention to remote Lake County, where wine country aspirations overlay a long farming tradition. The case has taken on racial overtones in part because of the sparsely populated county's racial makeup, which defies state trends by remaining 91 percent white and 2 percent black.

The prosecutor has argued race played no part in the charges stemming from the Dec. 7 shootings, in which Clearlake homeowner Shannon Edmonds shot San Franciscans Rashad Williams and Christian Foster in the back.

Hughes Jr., also of San Francisco, escaped, only to face first degree murder charges in connection with the deaths of his childhood friends.

Lake County's District Attorney Jon Hopkins is not charging the white homeowner but is instead invoking the Provocative Act doctrine, which allows him to charge Hughes with murder for taking actions that spurred Edmonds to kill. Hopkins said the young men stormed through the house and terrified Edmonds' family and brutally beat his stepson.

Hopkins is not pursuing the death penalty.

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: banglist; homeinvasion

1 posted on 11/15/2007 9:00:48 AM PST by SmithL
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To: SmithL
CA has a death penalty?
2 posted on 11/15/2007 9:03:32 AM PST by Paladin2 (We don't fix the problem, we fix the blame!)
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To: SmithL

At least the DA in this case is taking the correct action, instead of trying to crucify the homeowner (which is SOP in California, unfortunately).


3 posted on 11/15/2007 9:03:51 AM PST by Disambiguator (Political Correctness is criminal insanity writ large.)
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To: SmithL; DaveLoneRanger
Sometimes the law even works in San Francisco.

Might be of interest to the Armed Citizen ping list.
4 posted on 11/15/2007 9:05:10 AM PST by The Pack Knight (Duty, Honor, Country.... Valor.)
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To: SmithL
The homeowner admits to fatally shooting two of them — but it's the surviving black man who's facing murder charges in a trial that begins Thursday in Lake County Superior Court.

The writers act as though this is some sort of outrage.I call it a happy ending.

5 posted on 11/15/2007 9:05:40 AM PST by skeeter
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To: Paladin2

They don’t have capital punishment, but they can sentence people to have to travel with and listen to Barbara Boxer for the length of the conviction. This is understandably on review for violation of the protection against cruel and unusual punishment.


6 posted on 11/15/2007 9:07:28 AM PST by faloi
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To: SmithL
Edmond's stepson, then-high school junior Dale Lafferty, became brain damaged as a result of the baseball bat beating he took during the melee, and now lives in a rehabilitation center, the prosecutor said.

Seems this little nugget, from further on down in the story,would be easy enough for the writers to check out. So they wouldn't have to present it as heresay.

7 posted on 11/15/2007 9:09:01 AM PST by skeeter
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To: The Pack Knight

The perps were from SF but the crime was committed north of there in a rural area. The courts of SF are not involved.


8 posted on 11/15/2007 9:09:26 AM PST by DancesWithBolsheviks (Peace through victory.)
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To: faloi
If they also had to listen to Pelosi, I’d agree that it would constitute Cruel Punishment (but not unusual).
9 posted on 11/15/2007 9:09:47 AM PST by Paladin2 (We don't fix the problem, we fix the blame!)
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To: Paladin2

Why not Felony Murder?


10 posted on 11/15/2007 9:09:59 AM PST by Wally_Kalbacken (Seldom right but never in doubt)
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To: Paladin2

They do, though it’s easy to forget. They’ve pretty much had it since day one after the moratorium ended in 1976, but they’ve only executed 13 people in that time.


11 posted on 11/15/2007 9:10:13 AM PST by The Pack Knight (Duty, Honor, Country.... Valor.)
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To: DancesWithBolsheviks

Ah.. thought I must have missed something.


12 posted on 11/15/2007 9:10:41 AM PST by The Pack Knight (Duty, Honor, Country.... Valor.)
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To: SmithL
Many states' law codes have acknowledged for some time that if someone dies during the course of a felony you are committing, you are liable for first-degree murder - whether the deceased is your victim or your accomplice.

I'm not sure what race has to do with this: unless they can show that the homeowner routinely allows white people to invade his home in the middle of the night and physically assault his family while he serves the intruders tea and crumpets, they have no grounds whatever to allege that he is racist.

Which, of course, in itself has no legal bearing.

13 posted on 11/15/2007 9:12:30 AM PST by wideawake (Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
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To: DancesWithBolsheviks

MJ is not available in SF? Maybe they need to open a “farmer’s” market.


14 posted on 11/15/2007 9:12:33 AM PST by Paladin2 (We don't fix the problem, we fix the blame!)
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To: Paladin2

MJ?


15 posted on 11/15/2007 9:16:38 AM PST by DancesWithBolsheviks (Peace through victory.)
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To: wideawake

Here we go again. Brace yourselves. There will almost certainly be demonstrations. They will say this is another jena, blah blah blah. Give the guy a medal for eliminating from society 2 scumbags who would savagely beat a kid and leave him permanently handicapped.


16 posted on 11/15/2007 9:20:20 AM PST by TNCMAXQ
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To: faloi; Paladin2

>They don’t have capital punishment...

Yes they do.

California has executed 13 men since 1976, including one just recently that Arnold refused to block.

Remember Tookie Williams? He was the 2nd death penalty in Ca. that year. (2005)


17 posted on 11/15/2007 9:25:32 AM PST by bill1952 ("all that we do is done with an eye towards something else." - Aristotle)
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To: DancesWithBolsheviks

MaryJane?


18 posted on 11/15/2007 9:25:52 AM PST by Paladin2 (We don't fix the problem, we fix the blame!)
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To: TNCMAXQ
You don't understand. Renato Hughes is a churchgoing youth.
19 posted on 11/15/2007 9:26:21 AM PST by wideawake (Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
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To: DancesWithBolsheviks

Hint: grass.


20 posted on 11/15/2007 9:27:40 AM PST by Paladin2 (We don't fix the problem, we fix the blame!)
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To: SmithL

excellent


21 posted on 11/15/2007 9:27:46 AM PST by purpleraine
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To: wideawake

Some kind of Rastifarian Church?


22 posted on 11/15/2007 9:28:58 AM PST by Paladin2 (We don't fix the problem, we fix the blame!)
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To: SmithL

My first thought was “Someone in San Francisco has a gun?”


23 posted on 11/15/2007 9:29:13 AM PST by Secret Agent Man
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To: bill1952

I think we have 20-25 death sentences a year and less than 1 execution on average. That’s why death row population is so high and Gay Davis wanted to build a new one at Folsom for $600,000,000. Let’s hire a few more judges and expedite these cases.


24 posted on 11/15/2007 9:30:10 AM PST by purpleraine
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To: Paladin2

Actually there is a Rastafarian church in San Francisco know as the Church of St. John Coltrane under the auspices of the Ethiopian Orthodox Church (many Rastafarians have formally or informally joined the EOC).


25 posted on 11/15/2007 9:34:32 AM PST by wideawake (Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
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To: Secret Agent Man

Clearlake is 75 miles north of Sodom on the bay.


26 posted on 11/15/2007 9:34:40 AM PST by CGTRWK
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To: Secret Agent Man
They are armed to the teeth in Lake County. Something to do with having so many meth labs and pot farmers as neigbors.
27 posted on 11/15/2007 9:35:37 AM PST by fogofbobegabay
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To: SmithL
The fact that a guy that brutally beat and terrorized a family in the course of trying to rob them, seems like the victim to liberal socialists, tells you all you need to know about them. They are insane.
28 posted on 11/15/2007 9:36:09 AM PST by monday
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To: wideawake

Felony murder is routinely charged in cases like this. I fail to see how this is some rare and random occurence.


29 posted on 11/15/2007 9:38:37 AM PST by MediaMole
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To: purpleraine
Let’s hire a few more judges and expedite these cases.

What would be the point of that when California is in the jurisdiction of Ninth Circuit Court of Schlemiels?

30 posted on 11/15/2007 9:47:11 AM PST by Pontiac (Your message here.)
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To: MediaMole
I fail to see how this is some rare and random occurrence.

Because the Lefty reporter is ignorant and wishes to make this prosecution appear to be a racist act.

Perception is reality. The writer intends to make the perception of his SF readers to be that this thug is being selectively prosecuted because he is not white (which for the average SF reader is wasted effort, that perception would be pre-existant).

31 posted on 11/15/2007 9:53:53 AM PST by Pontiac (Your message here.)
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To: wideawake
I’m all for John Coltrane, but am guessing that the living perp is not an “official” Rastafarian. He should’a been acquiring his stuff closer to home.
32 posted on 11/15/2007 10:01:13 AM PST by Paladin2 (We don't fix the problem, we fix the blame!)
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To: SmithL

This is simply a deranged San Fransicko paper coming to the rescue of thugs who received the consequences that SHOULD attend the act of breaking into an occupied home at night and assaulting the occupants..

The bias in the telling of this story could ONLY be done by mind numbed leftists or black racists...

Is the NAACP and the black preacher going to defend the right of blacks to invade a home in the middle of the night and beat the residents?

It matters NOT how the men were shot - if they were running through my home after assaulting a member of my family, they would be shot upon first opportunity to squeeze off the rounds....

I would be “in fear of my life or the lives of my loved ones”, “I didn’t know if they were running for their weapons or to attack another member of my family — so I shot them.”

Too bad one of them lived to cause expense and “two versions” of the shooting..


33 posted on 11/15/2007 10:07:54 AM PST by river rat (Semper Fi - You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: SmithL

Renato Hughes, Jr

34 posted on 11/15/2007 10:13:28 AM PST by blam (Secure the border and enforce the law)
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To: SmithL
My comment left @ SFGATE.com:

This entire article is one big editorial. So overwhelming is the tilt to this story it is almost impossible to parse it and refute the inane suppositions contained therein.

35 posted on 11/15/2007 10:15:29 AM PST by -=SoylentSquirrel=- (I'm really made of people!)
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To: blam

HMMMM, no dreadlocks could be a problem. ;-)


36 posted on 11/15/2007 10:16:33 AM PST by Paladin2 (We don't fix the problem, we fix the blame!)
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To: river rat
The homeowner killed two of them?? Congrats!!!!!
When scumbags break into someones house and beat them with a baseball bat what treatment to do they expect to receive in return?
I’m sorry the guy missed the third punk. The shooter needs to be give a gold medal!!!!!!!
Lake county is a ways north of San Francisco. The residents of the northern Ca counties are not the liberal, socialist, zealots of San Francisco. We are conservative and well armed. If San Francisco wants to allow it’s punks to come up here and perpetrate this kind of crime they shouldn’t complain when we bag their garbage and send it back to them.
I’m sure I could have bagged the third one.....
37 posted on 11/15/2007 10:26:14 AM PST by oldenuff2no (My dad ldft for Europe in)
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To: Paladin2

Doh. Got it, thanks.


38 posted on 11/15/2007 10:56:13 AM PST by DancesWithBolsheviks (Peace through victory.)
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To: oldenuff2no

Amen!

Rack’em and Stack’em

The lesson should be that the ONLY thing “cool” about being a thug, is when they assume room temperature...


39 posted on 11/15/2007 11:13:48 AM PST by river rat (Semper Fi - You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: SmithL
Prosecutors said Edmonds wasn't charged because they couldn't prove before a jury that he didn't act reasonably in defense of himself, his property and his family members, who were asleep during the 4 a.m. incident.

Edmond's family was terrified by the events, in which the young men rampaged through the house, yelling, cursing, and asking for marijuana, Hopkins said.

Edmond's stepson, then-high school junior Dale Lafferty, became brain damaged as a result of the baseball bat beating he took during the melee, and now lives in a rehabilitation center, the prosecutor said.

Oh the injustice! /sarc

40 posted on 11/15/2007 11:29:42 AM PST by scan59 (Let consumers dictate market policies. Government just gets in the way.)
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To: DancesWithBolsheviks

MariJuana = MJ (for those still trying to wrap their heads around the shorthand).


41 posted on 11/15/2007 11:45:18 AM PST by Paladin2 (We don't fix the problem, we fix the blame!)
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To: Disambiguator
At least the DA in this case is taking the correct action

His heart is in the right place. But, technically speaking, isn't the normal charge for this "felony murder"? In addition to B & E, assault with intent to murder, home invasion, shouldn't the added charge be felony murder--for being involved in a crime in which the accomplices die?

42 posted on 11/15/2007 12:14:16 PM PST by Pearls Before Swine (Is /sarc really needed?)
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To: Pearls Before Swine
I simply meant in terms of not persecuting and prosecuting the homeowner. The charges are strange, but it sounds like the net result is about the same. Maybe the"Provocative Act Doctrine" is legalese for "if your accomplice or accomplices die during the commission of a felony, you are charged with their death."

but it's the surviving black man who's facing murder charges in a trial that begins Thursday in Lake County Superior Court.

43 posted on 11/15/2007 1:08:29 PM PST by Disambiguator (Political Correctness is criminal insanity writ large.)
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To: Pontiac

Point taken!


44 posted on 11/15/2007 5:34:10 PM PST by purpleraine
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To: SmithL
If you're protecting yourself, damn right! I don't care if the home invaders come from the planet Zluto. The homeowner had every right to protect his family.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

45 posted on 11/15/2007 5:36:15 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: wideawake
You're responsible even if you never pulled the trigger. Just taking part in the commission of a felony crime is enough to subject you to all its consequences.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

46 posted on 11/15/2007 5:38:34 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: goldstategop
You're responsible even if you never pulled the trigger. Just taking part in the commission of a felony crime is enough to subject you to all its consequences.

I believe that in most states it's also necessary to show that the defendant did, or reasonable could have, foreseen that the crime could meaningfully increase the likelihood of death occurring in the manner that it actually did. In most cases the requirement will be met easily, and some states seem to stretch causality might thin (e.g. trying to prosecute someone for murder because the a news helicopter crashed while filming his attempt to flee police). Nonetheless, there are limits, especially in cases of indirect causation. If a crime causes someone to miss a flight, and the next flight (which they catch) has a fatal crash, I don't think the original criminal could reasonably be blamed for the victim's death. Though some states might try it anyway.

47 posted on 11/15/2007 6:24:41 PM PST by supercat (Sony delenda est.)
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To: SmithL
According to the naacp, it's now a 'civil right' to be able to break into someone's home, beat an occupant with a baseball bat causing brain damage, and to do so without impediment from a lawfully armed homeowner. The fact that people are actually suggesting that the homeowner be charged is downright frightening.

These morons would have been much better off breaking into a gun-free house in san francisco.

48 posted on 11/15/2007 7:44:14 PM PST by American Infidel (It's pronounced 'ASK' not 'AXE'. It's a 3 letter word. How difficult can it be?)
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