Ed Christian and Ladarius Phillips allegedly shot & killed

[GH2001]

No way in hell to predict what a jury will do.  I would guess that a Lee Co. jury is pretty white, and conservative for the most part.  You can talk about how you'd feel and react if you were on the jury to what they might or might not use as a defense, but you don't know all the facts, and you're not on the jury.  The fact that it, at least right now, seems to be that someone else started the jawing match, and that the Defendant was hit over the head with a bottle might matter to a jury.  I can't see him walking on killing 3 people who were merely bystanders, but you never know what a jury will do, and we don't know all the facts or testimony that will or might come out at trial.  And, he may take a plea to something less.  Very early stages now.

Correct me if I am wrong but on the death penalty and capital murder, won't intent to kill and premeditation be hard to prove here? Believe me I want him to fry, but I just don't see it happening. Especially since he turned himself in with no incident.

[djsimp]

I can give you his address in Auburn if you want to knock on his door and ask him out on a date. He has a lovely home near the Moore's Mill area. Old English tudor style. The 3 car garage is a nice touch I must say.

Please be to posting. I think we could manage an X'er field trip on this one. I just know Chizik would
love it.

[Godfather]

Please be to posting. I think we could manage an X'er field trip on this one. I just know Chizik would
love it.

I know a certain Houston girl that would make the trip.

[Saniflush]

I know a certain Houston girl that would make the trip.

AWK moved to Houston?

[Saniflush]

Pretty much no way he gets the death penalty. If he had been in that attic? Perhaps a different story.

When he had handed himself over to police, I wanted to be happy, but I was a bit dejected knowing that that had to have dramatically lowered his sentence there would be no thermal imaging.

[GH2001]

Please be to posting. I think we could manage an X'er field trip on this one. I just know Chizik would
love it.

Seriously rode by their a couple of weeks ago. Nice joint. But you worry me with your homoeroticism, even if it is a fine Auburn man like Gene Chizik. Hell you can't even meet me to fish at Lake Eufaula and you live there. How you gonna get up to Auburn to profess your man love to Gene?

[wesfau2]

Correct me if I am wrong but on the death penalty and capital murder, won't intent to kill and premeditation be hard to prove here? Believe me I want him to fry, but I just don't see it happening. Especially since he turned himself in with no incident.

Transferred intent.

He was fucked the moment he pulled the trigger attempting to shoot anyone. 

As for premeditation, it can happen in an instant. 

[GH2001]

Transferred intent.

He was fucked the moment he pulled the trigger.

Agree. But proving that to a jury beyond a reasonable doubt would be hard though, no?

[wesfau2]

Agree. But proving that to a jury beyond a reasonable doubt would be hard though, no?

With the caveat that you never know what a jury will do, I don't think proving intent or premeditation will be difficult at all.

He fired a gun into a crowd of people.  He intended to hit/hurt someone and the deadly nature of the weapon gets you to intent to kill.

If, as the reports say, there was a moment or two between the altercation and Woosie's firing, then there was plenty of time to have premeditated the manner in which he was going to lash out.

[GH2001]

With the caveat that you never know what a jury will do, I don't think proving intent or premeditation will be difficult at all.

He fired a gun into a crowd of people.  He intended to hit/hurt someone and the deadly nature of the weapon gets you to intent to kill.

If, as the reports say, there was a moment or two between the altercation and Woosie's firing, then there was plenty of time to have premeditated the manner in which he was going to lash out.

Fair enough. And I hope the jury convicts him. I'm just not that optimistic. I hope I am wrong.

Do you think the prosecutor will roll the dice a bit and go for Capital as they did with Casey Anthony or will they merely go for the easy slam dunk murder (not capital) charge? I'm curious to how this will play out. I believe JR knows the Lee County prosecutor, Treese. His asst prosecuted the murder trial I sat on last year about this time and I was pretty impressed as a juror.

[JR4AU]

My thought, strictly based on what I know at this point, is he won't get the death penalty.  Plus, he lawyer'd up nicely.

Yes, Susan is a damn fine attorney.

To those discussing it: there's no "premeditation" in Alabama law.  Intent can be formed in the blink of an eye according to case law. 

This case will turn on facts, and moreover, how those facts are presented.  The defense, and it's a viable one, will likely be this: "Some dude started jawing about my homie's girl, they started arguing, this one dude hit my homie, then next thing I know, I got hit over the head, and I was like 'damn' and I was kinda dazed, and I saw a dude coming at me, looked like he had something he was going to hit me with, and I pulled out my gat and shoosted at him, but I was so dazed from the hit on the head, I guess my aim was off".  If you think it's not a viable defense, you're kidding yourself.  It's, at the very least, enough to save him from the death penalty, and IMHO, easily could by him a Manslaughter conviction.

[djsimp]

Seriously rode by their a couple of weeks ago. Nice joint. But you worry me with your homoeroticism, even if it is a fine Auburn man like Gene Chizik. Hell you can't even meet me to fish at Lake Eufaula and you live there. How you gonna get up to Auburn to profess your man love to Gene?

Hey hey, you what my digits be. Its Snaggle thats afraid. He prolly scared of what his wife would do/say.

[CCTAU]

None of this will matter. Woosie is not a white hispanic, so this black on black crime will take two years to prosecute and then slowly fizz away. All the while, you bama taxpayers are footing the bill for three hots and cot.

[JR4AU]

Also, don't know if they had the Benjamins to hire Susan for anything more than negotiating the peaceful surrender.  If they did, he's got somebody backing him with a load of cash.  Can't see her taking this case without $50K in cash up front.  And it wouldn't shock me if it took 6 figures.

[GH2001]

Yes, Susan is a damn fine attorney.

To those discussing it: there's no "premeditation" in Alabama law.  Intent can be formed in the blink of an eye according to case law. 

This case will turn on facts, and moreover, how those facts are presented.  The defense, and it's a viable one, will likely be this: "Some dude started jawing about my homie's girl, they started arguing, this one dude hit my homie, then next thing I know, I got hit over the head, and I was like 'damn' and I was kinda dazed, and I saw a dude coming at me, looked like he had something he was going to hit me with, and I pulled out my gat and shoosted at him, but I was so dazed from the hit on the head, I guess my aim was off".  If you think it's not a viable defense, you're kidding yourself.  It's, at the very least, enough to save him from the death penalty, and IMHO, easily could by him a Manslaughter conviction.

THAT defense you just described is exactly what scares me. Because it can be very believeable when presented by a slick defense atty who knows how to get in a juror's head. I did not know about the "no premeditation" law in Alabama. Makes things a little better. Ever since the Casey Anthony trial, Ive just been real cautious of Capital Murder charges and making them stick. I guess it's the prosecutor's call on the %'s. JR, what would you do in this case (since this is what you do)? Hypothetically of course.....

[JR4AU]

None of this will matter. Woosie is not a white hispanic, so this black on black crime will take two years to prosecute and then slowly fizz away. All the while, you bama taxpayers are footing the bill for three hots and cot.

No, this aint going away quietly, and won't linger longer than necessary.   

[GH2001]

No, this aint going away quietly, and won't linger longer than necessary.   

If this was in Montgomery or in Russell Country (neighboring Lee), I would agree with CCT. Since it's in Lee, I concur with your statement. It's all about demographics, wrongly or not.

[CCTAU]

If this was in Montgomery or in Russell Country (neighboring Lee), I would agree with CCT. Since it's in Lee, I concur with your statement. It's all about demographics, wrongly or not.

But with that being said, what is the first thing his lawyer will ask for?

CHANGE OF VENUE!

Then it fizzes away.

[JR4AU]

If this was in Montgomery or in Russell Country (neighboring Lee), I would agree with CCT. Since it's in Lee, I concur with your statement. It's all about demographics, wrongly or not.

Treese has been bombarded with these high profile cases relatively speaking.  The girl that was kidnapped and murdered, though that was before he was the head guy, Updyke, the Felony 4, and now this.  Seeing how he's already gotten one of the Felony 4 convicted, that tells me he's moving them pretty fast. 

[JR4AU]

But with that being said, what is the first thing his lawyer will ask for?

CHANGE OF VENUE!

Then it fizzes away.

Big fucking deal legal genius.  She can ask for anything, there's no cause to have this venue changed.