FriscoKid said:
aggiehawg said:
GeorgiAg said:
That provocation charge is weak sauce based on that terrible, unclear video.
The problem with the provocation charge is that the jury confuses that to be Kyle even being there with a gun in the first place. That's one of the biggest problems in this case, in my view.
I was feeling pretty good about Kyle's chances until late yesterday. Now, I'm really not sure. Crazy things happen with juries.
that will be the argument. You shouldn't have been there and because you were there, two people died. It's a crap argument, but you can tell that this is where the state is going to take it.
It would be nails if the judge told them during instruction that his mere presence could not be grounds for provocation and that he must have committed specific acts that would be considered provocative prima facia under any other circumstances to constitute provocation.
And it should be noted, hopefully by the defense in closing, that there were plenty of other people armed like Kyle there that night, but none of them were attacked despite the clearly violent and destructive mob surrounding them. Clearly that action alone was not provocative enough to warrant or provoke an assault, legally or otherwise. However, Rosenbong did threaten to kill Kyle and others if he got them alone, a circumstance that he had immediately before chasing Kyle and lunging for his weapon. It's a hard pill to swallow that Rosenbong was simply defending himself or was provoked to action by Kyle after he had already made violent death threats against Kyle and others and committed arson and vandalism.
