2.17.2011

Jury Deliberates Punishment On No-Body-Murder-Case

Yeah, I'm borderline obsessed with this case. It's because we have rules that we live by, and one of those rules is that no one will be convicted unless, after considering all the evidence, there is no doubt about that person's guilt in any of the juror's minds -- that is, no doubt that they consider to be reasonable.

My problem with this case is that (1) We don't know the lady is dead, (2) If we assume she's dead, we don't know she was murdered, and (3) is we assume she was murdered, we don't know who did it.

Nothing proves my point more today than the prosecutor's argument during the punishment phase today.
In summation, prosecutor Cary Piel told jurors that he was not going to presume to tell them the number of years they should assess as punishment.
He told them to close their eyes and imagine the murder.
"You don’t want to do it, but you have to,” he said so quietly that those not in the jury box barely heard him.
“You know it was some sort of hand-to-hand thing.”
He said she likely knew she was dying and suffered.
What a load of crap. If every juror, at that moment, didn't realize they have no idea what happened because the government failed to prove it to them, they aren't smarter than a 5th grader. But I think the prosecutor realizes that. 

25 comments:

Anonymous said...

Barry - You act as if you didn't go to L1. Lawyers are in the world to lie, manipulate and decieve. Who the hell cares if this guy goes to death row, the prosecutor will be able to carve a notch in his belt. Does the voire dire process not look for the most simple-minded uneducated "peers" among us?

Anonymous said...

It just amazes me that people can be so brain washed by a DA. Not even one juror could say - bull crap I am not going to convict.
I am speaking of both cases no-body in Denton and intoxication manslaughter in Decatur. I think it is all a game in which we are not let in on the rules.

Anonymous said...

I still cannot for the life of me figure out how not one... NOT ONE of those jurors had any reasonable doubt. Nobody has any proof that she is dead. From what I have read, the jury requested the legal description of reasonable doubt. 10 hrs... in their deliberation... instead of doubt, some people were convinced they had "proof" that he killed someone that hasn't been declared dead. We can now hand out speeding tickets to people that aren't traveling.

Anonymous said...

I make sick of juries. Juries are filled with people who don't want to be there and they agree to what is the fasted way out the freaking door! That is my opinion. We only need grand juries to hear these type cases. Peoples lives are at stake. DNA results have proven that mistakes are made. We need to change the system!!!

mzchief said...

What an absolute pant load of CRAP! The prosecutor basically told the jury, since he had no idea what REALLY happened, he was going to leave it up to each juror to create a scenario in their own head so as to determine what they believe POSSIBLY happened.

According tho the prosecutor, merely THINKING you know something makes it the truth, beyond a reasonable doubt.
Hmmmm...That does sound soooo very familiar with the attitude of soooo many people, these days, who make decisions and allegations WITHOUT verifiable FACTS.

Based on this outcome, ANYONE can be charged with ANYTHING and be convicted of EVERYTHING based on nothing more than what people THINK might have happened.

If this is the new norm, be afraid, be very afraid because ANYONE could be the next victim of this type of judicial injustice.

Anonymous said...

I meant to say I am sick of juries on my 8:20 comment. Sorry was upset and made a typo.

Anonymous said...

I wonder if the defense attorney preserved error when the DA made that IMAGINE argument.

Anonymous said...

I think that it is odd that you repeatedly stated that "No Body, No Crime" yet a group of the defendants "peers" found him guilty. Maybe Defense was poor and surely on appeal he will get a second chance? Or maybe the evidnce is good and justice was served. I its hard to imagine that a jury choosen by both sides would have no reasonable doubt, unless he did it. Normally this go's your way, we hear nothing.

Anonymous said...

On the manslaughter case;he was driving,some idiot friend took he and Angie to his mothers house,not the hospital where she died that night NOT a week later as the paper said.To rot in jail sober would be to good for him.
SOMEONE WHO KNOWS

Anonymous said...

On the manslaughter case he may have done it but the state did not prove he was even in the vehicle much less that he was the driver. It was all about the need to get back at drunk drivers. These people made a big mistake.

CT said...

I still cannot believe this jury convicted that guy in Denton. Where is the proof? Is there a body? Who says the lady is not in Mexico or China laughing her a** off that her ex has now been convicted in her "murder"? People disappear all the time--runaway kids; parents who don't get custody run with the kids to a foreign country, and are never seen/heard from again; people who owe other people money; heck Jimmy Hoffa!! The list can go on forever. If someone doesn't want to be found, it can be done with the right connections, money, timing, whatever.

It is such a miscarriage of justice that he was found guilty. The above post was correct in that most common sense people are trying to do whatever they can do to get out of jury duty, and that leaves the folks to serve on the jury who, umm..well you get it.

I am not saying the lady is dead or not, really. My point is where is the proof that HE did anything? Just because her car was at his house and she was supposedly seen last leaving there? By whom? How reliable are eye-witnesses? IS that all you have? Really? She might've planted her car there for all any of us know. That's my point..proof beyound a reasonable doubt, and the prosecutor did not make his case at all. Amen, Mzchief..he had the jury create a story in their minds to make up for his lack of a case. Holy Sh**, what is this world coming to!!!!

I hope everyone reading this understands what has happened in this trial. If it happened to him, it can happen to YOU.

Anonymous said...

he wasnt out of his head dased enough that if he knew where mama was he knew where hospital was. i knoe his whole family couldnt ask for better people hes always been a know more peice of crap an it cost a girl her life an him his freedom

Anonymous said...

So with no body, he does his time she comes back. Does he now get to kill her and not be prosecuted?? Wow!

I for one still say “If you can’t find the twit. You must acquit!”

Anonymous said...

So with no body, he does his time she comes back. Does he now get to kill her and not be prosecuted?? Wow!

I for one still say “If you can’t find the twit. You must acquit!”

Anonymous said...

You know that the jury has to give him life. Once you find someone guilty of murder, you don't just give them five or ten years. Heck, the deliberation of the punishment phase should be short.

Which reminds me of the most depressing jury notes you can get--"Which is longer, 99 years or life?"

Anonymous said...

I THOUGHT about robbing a bank and told someone. Maybe I should turn myself in cause there's a chance I might be guilty.

Anonymous said...

So according to an above comment, we know an important fact about the intox manslaughter case. His friend following behind took the driver and injured passenger to the driver's mother's house, where she died. I can rest now, he was indeed guilty of driving drunk and then not getting passenger to the hospital - maybe she would have lived. He deserves the 20 years.
We need him off the streets. I'm glad I learned the truth.

Anonymous said...

8:24, I can imagine you robbing that bank. You had everyone get down on the floor, then you kicked that old lady in the head. Shame on you!

Anonymous said...

8:24 Yeah I think I overheard you describe the robbery. I think I can identify you. I'm sure the DA would believe me. Guilty as charged!

Anonymous said...

8:24 No money, no video footage, no witness...Guilty

Anonymous said...

Larry Harris should have been charged with murder when he took the body from the wreck!! He should have gotten life in prison.

Anonymous said...

12:07 your post is simply impossible to read because your spelling is on the level of a first grader. What an idiot.

Anonymous said...

1:23 I can read 12:07, even with the mispelling. Had a boss one time that no one could read his scribling but me. Anyway, on the Harris case, I read Angela Carney's obituary in the Star Telegram. She died 7 days after the accident, although it is possible that she was comatose when she was taken to Larry's mama's house. Who knows. I just wish that all the people who plead not guilty, but are actually guilty would own up to the truth to give themselves and the families peace of mind. How could one live with oneself with such pent up guilt?

Anonymous said...

Barry, I thought you practiced law in Decatur. From the sound of it, you seem to be in the courtroom of the "No-Body" trial every minute of every day. Ohhhh, that's how you know all of the facts and evidence presented in the case...because you were there and had listened to the entire trial.

It's a bit hipocratic for you to blast politicians, police, and just about anyone else when they draw a conclusion without having all of the information. Yup that'd be you, bub.

Anonymous said...

Sorry about the mistake;I always assume anyone that has a machine making their heart beat and their lungs work even without a brain wave is DEAD DEAD.The idiot that followed him from the bar,to the wreck site,and hauled them both to his mothers garage said he was driving.I agree he should have been prosecuted also.