Sue, while I have serious doubts whether the prosecution tried this case as well as they should have, for a variety of reasons, I disagree that overcharging was the problem here.
There was a legitimate view of the case that this was murder, and, more importantly, including a top count which the prosecution may well not succeed at getting a conviction for (for instance murder), in the hopes of having the jury reach a compromise verdict to a lesser charge (such as manslaughter) is a common and legitimate trial strategy which often succeeds. That's not even bothering to consider the political ramifications of not charging murder in this particular case, which bring up a great many concerns.
To suggest that this jury would have convicted of manslaughter had it been the top count they were asked to consider, when they acquitted of manslaughter here after having acquitted of murder, is speculative and unpersuasive hindsight. In addition, though it is far from conclusive, nothing any of the jurors have said suggests that these six people would have agreed to convict of manslaughter had that been the top count. Self-defense operates the same, at least theoretically, for murder or manslaughter.
If the prosecution had charged manslaughter as the top count and still gotten an acquittal, I can almost guarantee you that many would be suggesting that the prosecution made a grave error in not charging murder and that failing to do so prevented a likely compromise verdict - of course that opinion would be equally speculative.
Hindsight is always 20/20.
Updated On: 7/26/13 at 03:14 PM