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PaperclipPerfector  9d ago (text post)   30312 thread views

Culture War Roundup for the week of December 9, 2024

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I dont see how this is a case of jury nullification. From a reading of the medical records, its pretty hard to see that the state even carried its burden of proof on the most basic of questions: That but-for Penny's actions, Neely would still have been alive at the end of the encounter. That is even before the prosecution's difficult case in proving criminal recklessness and/or negligence given the chaotic situation and that the actual witnesses on the scene were pretty evenly split.

He was alive at the end of the encounter. He was pronounced dead in the hospital.

I called it nullification because the trial always hanged on if the jury would see him as good Samaritan or reckless vigilante. Not on the facts.

Assume that surfaced a lot of posts of him being storm front member or racist or whatever - do you think he would still have been acquitted?

He was pronounced dead in the hospital.

I didn't follow this part of the case closely so I'm not sure if this applies here, but it is very common for someone to be "dead" for all useful purposes, but we don't formalize that until they end up in front of the Trauma/ED team and they've given up.

I've seen the EMTs bring in someone on a LUCAS who was stiff and cold but until the doctor takes a look at them...other staff don't want the responsibility/documentation/risk of getting it wrong.

That's less jury nullification and more just how juries work. A NY jury is going to convict a white supremacist of murder of he's credibly accused of eating at Katz's while a patron nearby chokes on pastrami.

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