To: Emmett McCarthy
...the state would possibly go for a plea in order to avoid a jury trial because theres always the risk of jury nullification
You could be correct. However, I do not think the perpetrator would go for the deal in this case.
As I recall, the individual is 71 years old. It could be that he "sees the end" looming and would demand his day in court. If such were the case, the state could only oblige or drop the charges all together... an very unlikely course of action.
"Jury nullification" in the Tiller case would probably be very difficult. I am sure the judge would probably not allow the defense to present the kind of "inflammatory" evidence that would potentially lead some jurors to contemplate such an action.
To: Lucky Dog
No, I don’t see the guy going for a deal, either. And judges have refused to allow similar defenses - “acting in defense of innocent life” - before.
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