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Cunningham convicted [of shooting man who raped her daughter]
Knoxville News Sentinel ^ | 10/28/5 | ROBERT WILSON

Posted on 10/28/2005 10:09:54 AM PDT by SmithL

MARYVILLE — Kimberly Cunningham, the 33-year-old South Knoxville woman who shot to death a man she believes raped her daughter twice when the child was 10, was convicted today of voluntary manslaughter in the man's death.

The verdict was returned about 10 a.m. by the seven-woman, five-man jury after five hours of deliberation Thursday and one hour today.

Cunningham had been on trial on a charge of second-degree murder, but the jury acquitted her of that and found her guilty of the lesser charge. She had already been tried once in the death of Coy Hundley.

In that trial last April, she was acquitted of first-degree murder, and the jury deadlocked on all lesser charges.

Cunningham will be sentenced on Dec. 19 by Judge D. Kelly Thomas in Blount County Circuit Court.


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: Tennessee
KEYWORDS: childmolestor; manslaughter
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I wish I'd been on the jury.
1 posted on 10/28/2005 10:09:54 AM PDT by SmithL
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To: SmithL

This is the hometown of popular Sen. Lamar Alexander.


2 posted on 10/28/2005 10:12:36 AM PDT by Theodore R. (Cowardice is forever!)
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To: SmithL

"She had already been tried once in the death of Coy Hundley.

In that trial last April, she was acquitted of first-degree murder, and the jury deadlocked on all lesser charges. '

How can she be tried a second time for the same offence? Isn't that double jeopardy?


3 posted on 10/28/2005 10:13:01 AM PDT by bk1000 (A clear conscience is a sure sign of a poor memory)
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To: SmithL

Both of us would've set her free.


4 posted on 10/28/2005 10:13:03 AM PDT by azhenfud (He who always is looking up seldom finds others' lost change.)
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To: SmithL

I thought you could only be tried once for the same crime. Unless the first was a mistrial, is that what happened? I couldn't open the link...


5 posted on 10/28/2005 10:13:22 AM PDT by Froufrou
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To: SmithL

It said "she believes" he raped her daughter. Was she right?


6 posted on 10/28/2005 10:13:23 AM PDT by heartwood
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To: SmithL
I wish I'd been on the jury.

Ditto. And I'd be talking Jury Nullification, too. What happened here wasn't justice.

7 posted on 10/28/2005 10:13:45 AM PDT by Prime Choice (I can open hearts and minds effortlessly. I have a hacksaw.)
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To: Froufrou

As she was acquitted of first degree murder she couldn't be tried for that but she could be tried for the deadlocked charges.


8 posted on 10/28/2005 10:14:28 AM PDT by heartwood
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To: bk1000
How can she be tried a second time for the same offence? Isn't that double jeopardy?

She was aquitted on the 1st degree murder charge. Likely, she was charged and tried a second time because a jury deadlocked on the lesser charges (whatever they may have been).

9 posted on 10/28/2005 10:15:50 AM PDT by Bloody Sam Roberts (If you decide to kick the tiger in the ass...you'd better be prepared to deal with the teeth.)
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To: Froufrou

Hung juries are mistrials, generally.


10 posted on 10/28/2005 10:15:52 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: SmithL

I thought the same thing. I would have awarded her a medal.


11 posted on 10/28/2005 10:16:26 AM PDT by mlc9852
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To: SmithL

If the guy had,in fact,raped her daughter then she should get a week behind bars and 5 hours of community service.


12 posted on 10/28/2005 10:16:54 AM PDT by Gay State Conservative
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To: SmithL

She should get a medal!


13 posted on 10/28/2005 10:17:04 AM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: heartwood
It said "she believes" he raped her daughter. Was she right?

Indeed, this piece of info is fairly crucial in judging her actions.

14 posted on 10/28/2005 10:17:57 AM PDT by Sloth (You being wrong & me being closed-minded are not the same thing, nor are they mutually exclusive.)
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To: SmithL
She had already been tried once in the death of Coy Hundley./i>

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


--- I wish I'd been on the jury. ---

Me too!

GE
15 posted on 10/28/2005 10:18:11 AM PDT by GrandEagle
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To: Prime Choice

You're assuming that the dead man did it.

Come to think of it, you're right. Either way, what happened wasn't justice.


16 posted on 10/28/2005 10:18:26 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: mlc9852

I would have voted to aquit also.


17 posted on 10/28/2005 10:18:51 AM PDT by southland (New Orleans was an incident waiting to happen.)
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To: SmithL

Hopefully the sentenance will not be jail. She did the killing so she was found guilty but, the jury could understand that and give her a one dollar fine and 10 seconds in jail.


18 posted on 10/28/2005 10:21:03 AM PDT by edcoil (Reality doesn't say much - doesn't need too)
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To: bk1000; Froufrou; Bloody Sam Roberts; GrandEagle

>>>>How can she be tried a second time for the same offence? Isn't that double jeopardy?

Double jeopardy only applies if there is an actual decision in the first trial. As the Jury deadlocked, there was no decision, and she can legally be retried.

patent


19 posted on 10/28/2005 10:21:31 AM PDT by patent (A baby is God's opinion that life should go on. Carl Sandburg)
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To: SmithL

Liberals constantly talk about how "society is to blame" for criminal behavior. In general, I don't agree with that, but if it were true, then this would be a pretty good example of a situation where there would be no crime but for the failure of society--the failure of society to deal with crime.

Vigilanteism is the direct result of an ineffective criminal justice system. People take the law into their own hands because the authorities refuse to do their jobs, and because of the public perception that justice will not be done unless they do.

If liberals are going to blame society for criminal behavior, then this lady should go free.


20 posted on 10/28/2005 10:22:56 AM PDT by Brilliant
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To: bk1000

Sounds like double jeopardy to me. The prosecution should be able to take their best, most likely shot.

One time. One time only.

IMHO, somebody here has conspired to violate her constitutional rights, but it's hard to say, because this was not a federal trial. Not sure what the State constitution of Tennessee says.


21 posted on 10/28/2005 10:23:44 AM PDT by djf (Government wants the same things I do - MY guns, MY property, MY freedoms!)
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To: Gay State Conservative
If the guy had,in fact,raped her daughter then she should get a week behind bars and 5 hours of community service.

I dunno about the 'behind bars' part, but if the 5-hours of community service involve teaching women how to handle a gun, I agree...

22 posted on 10/28/2005 10:23:47 AM PDT by LearnsFromMistakes (We know the right things to do, why don't we just do them?)
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To: patent
Still doesn't seem right. Keep trying until something sticks?

as the TV commercial says - "that ain't right".
23 posted on 10/28/2005 10:24:40 AM PDT by GrandEagle
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To: GrandEagle

It ain't right. Give the same crime 25 different definitions, then keep trying till ya get one thats sticks!

It AIN'T right!


24 posted on 10/28/2005 10:26:30 AM PDT by djf (Government wants the same things I do - MY guns, MY property, MY freedoms!)
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To: Brilliant

The woman was tried a second time because the jury hung on the second-degree charge.

The system didn't have a chance to work in this case (not that there's any guarantee it would have). Her daughter told her the guy had raped her, mom confronted him that day, and then shot him eight times, pausing to reload.


25 posted on 10/28/2005 10:30:24 AM PDT by Gone GF
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To: SmithL

She should be put on probation. The condition of her probation will require her to give speeches calling for a mandatory death penalty for all child rapists -- it'll get rid of child rapists, and it'll prevent mothers like her from going to prison. A real twofer.


26 posted on 10/28/2005 10:31:45 AM PDT by GOPJ (NYT: How many times do you ask for an error to be corrected before the "error" becomes a "lie"?)
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To: djf
She was prosecuted for a number of charges. The jury decided that she was not guilty of 1st degree murder, but they couldn't agree if she was guilty of voluntary manslaughter or not.

This was a retrial only on the charges that the jury couldn't decide on.

27 posted on 10/28/2005 10:32:43 AM PDT by wideawake (God bless our brave troops and their Commander-in-Chief)
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To: SmithL

give her a medal and new better home to live in, in a nicer neighborhood

sponser her on speaking tour on how to protect your family


28 posted on 10/28/2005 10:32:52 AM PDT by sure_fine (*not one to over kill the thought process*)
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To: Sloth

There was another thread about this.
The daughter who is now 14 told her mom that this guy had raped her.
The mom confronted the guy at work, he admitted it and said there was nothing she could do about it. In a smarmy fashion.

She unloaded her gun into him, reloaded and continued.

Personally, I would have just shot his testicles off and smiled at him every time I saw him.

I think she would have not even gotten a trial.


29 posted on 10/28/2005 10:35:02 AM PDT by netmilsmom (God blessed me with a wonderful husband.)
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To: heartwood

He's innocent until proven guilty.

Having said that, I too would have killed him if I thought he had raped my daughter.


30 posted on 10/28/2005 10:35:47 AM PDT by proudpapa (of three.)
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To: SmithL

What happens if another man committed the crime?


31 posted on 10/28/2005 10:38:01 AM PDT by Fishing-guy
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To: netmilsmom
She unloaded her gun into him, reloaded and continued.

I like the "reloaded and continued" part. It demonstrates dedication!

32 posted on 10/28/2005 10:40:00 AM PDT by Max in Utah (By their works you shall know them.)
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To: azhenfud; SmithL

Set her free and bought her a new box of ammo!


33 posted on 10/28/2005 10:40:09 AM PDT by B4Ranch (No expiration date on the oath to protect America from all enemies, foreign and domestic!)
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To: wideawake

Well, let's face it. If she was tried for anything, it should have been manslaughter. Heat of the moment kind of thing, diminished capacity.

I don't understand how it can come out of a grand jury to indict her on multiple counts for the same offense... and without Grand Jury approval, the prosecution should be stuck twiddling his thumbs.

The whole deadlocked jury/mistrial thingy is a MISUNDERSTANDING of the intent. And I've read alot of it.
They wanted to insure that UNLESS THERE WAS A UNANIMOUS verdict, then no crime had been committed. A cultural sort of thing, if the folks themselves could not even agree that what the person did was a crime, the government was powerless to prosecute.

It's not supposed to be a "give the government unlimited shots at getting a conviction" thing.


34 posted on 10/28/2005 10:40:15 AM PDT by djf (Government wants the same things I do - MY guns, MY property, MY freedoms!)
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To: djf

Exactly. When the DA's office isn't sure of winning a crime they're prosecuting this is what happens. A person may have comitted one crime, but they will be charged on multiple counts. Sometimes it's a "good" thing because they really are going after bad guys. But in many cases, these are just "political" crimes (eg, hate crimes, vigilantism) and the DA wants to make a point.


35 posted on 10/28/2005 10:40:45 AM PDT by two134711 (Haven't we learned by now not to trust the AP to tell the whole truth?)
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To: Fishing-guy
What happens if another man committed the crime?

Then the deceased, who reportedly admitted to the crime, deserved to die for stupidity.

36 posted on 10/28/2005 10:41:09 AM PDT by Max in Utah (By their works you shall know them.)
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To: Brilliant

A dead rapist or child molester will never become a repeat offender.


37 posted on 10/28/2005 10:42:03 AM PDT by B4Ranch (No expiration date on the oath to protect America from all enemies, foreign and domestic!)
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To: Brilliant

"Vigilanteism is the direct result of an ineffective criminal justice system. People take the law into their own hands because the authorities refuse to do their jobs, and because of the public perception that justice will not be done unless they do. "

I always thought that public police departments were the direct result of people not properly policing after themselves. City police departments are a fairly new invention.


38 posted on 10/28/2005 10:44:47 AM PDT by Geritol (All I need is another hole in my head...)
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To: Max in Utah

>> I like the "reloaded and continued" part. It demonstrates dedication!<<

When my hubby read the original story, he stated that he would be that dedicated if someone touched one of his girls.

He would be proud to go to jail for it too.


39 posted on 10/28/2005 10:48:55 AM PDT by netmilsmom (God blessed me with a wonderful husband.)
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To: Gone GF

I am not saying she should have gotten off. I'm saying that the guy should not have been on the street. Of course, we don't really know if he had any priors, but most crimes are committed by repeat offenders. It would not happen if our politicians and our judicial system would do their jobs instead of blaming "society" for crime, and letting the perps go free.


40 posted on 10/28/2005 10:49:23 AM PDT by Brilliant
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To: Max in Utah

Ah, I didn't realize there was already an admission of guilt. Never mind.


41 posted on 10/28/2005 10:51:06 AM PDT by Fishing-guy
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To: wagglebee

She should get a medal for shooting an unarmed person? I don't know what the truth of the incident was but this guy was innocent in the eyes of the law and she decided to brutally kill him.

What's to stop anyone else committing murder and making up some story of abuse or rape to cover up for the crime. You can either be on the side of law and order or on the side of ciminality. We can't allow people to take the law into their own hands.


42 posted on 10/28/2005 10:51:51 AM PDT by anthony_a_c_b
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To: SmithL

If she'd been Tawara Brawley's mother, had believed her lies and gone and gunned someone down ... this thread would be very different in tone. We only have the mother's word that the guy "admitted it". I just don't know enough to be completely comfortable we're on the right side here.


43 posted on 10/28/2005 10:53:10 AM PDT by agere_contra
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To: Fishing-guy

That's impossible! 14 yr old girls always tell the truth. Their private testament to their family is more incontavertable than DNA evidence.


P.S. If you don't know it's sarcasm, head back to DU


44 posted on 10/28/2005 10:54:08 AM PDT by When do we get liberated? ((God save us from the whining, useless, irrelevent left...))
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To: SmithL
If she was right about the fellow being the rapist, she deserves to get a sentance of "time served" plus a medal.
45 posted on 10/28/2005 10:54:13 AM PDT by zeugma (Warning: Self-referential object does not reference itself.)
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To: Gay State Conservative

"and 5 hours of community service."

Could that involve giving her a .45 and a list of names?


46 posted on 10/28/2005 10:54:49 AM PDT by TalonDJ
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To: TalonDJ
Could that involve giving her a .45 and a list of names?

OK, I laughed :0)

47 posted on 10/28/2005 10:56:23 AM PDT by agere_contra
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To: bk1000

Are you sure that it wasn't a mistrial?


48 posted on 10/28/2005 10:57:16 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: netmilsmom
The daughter who is now 14 told her mom that this guy had raped her. The mom confronted the guy at work, he admitted it and said there was nothing she could do about it. In a smarmy fashion.

If there was a witness to this, then she shouldn't have been prosecuted. It's justifiable homicide. Here in Texas, we'd say the guy "needed killin".

49 posted on 10/28/2005 10:57:19 AM PDT by zeugma (Warning: Self-referential object does not reference itself.)
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To: Fishing-guy
Ah, I didn't realize there was already an admission of guilt. Never mind.

Do we really know that? Or did Ms. Cunningham simply say he said it, after the fact? Him being dead, there may be nobody around to corroborate.

50 posted on 10/28/2005 10:57:28 AM PDT by r9etb
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