Mar 23, 2018

The verdict with two not guilty counts and a guilty verdict to a lesser charge in Count 1 is not a victory




Second degree murder is not premeditated murder. The prosecution stressed premeditated murder throughout their case.

The complaint charged Count 1 as first degree murder. 

Counts 2 and 3 were not guilty. There were issues at the first preliminary hearing regarding these counts. They had to be retried at a second preliminary hearing.

That shows that the jury did not believe Frieda Smith or any of the testimony about alleged domestic violence between the Goldbergs.

The jury left. Didn't talk to attorneys.

The look on the prosecution team, the DA investigator's face said it all. In court, outside court and when they passed me by.

People will have their opinions on the second degree murder verdict but it is a not a victory for the prosecution.

Not finding premeditation pretty much sums up that the prosecution witnesses had issues.

The verdict did not validate
the counts as charged in the complaint.

A verdict with two not guilty counts and a guilty verdict to a lesser charge in Count 1 shows that the prosecution did not prove their case beyond a reasonable doubt.

It actually shows the defense did a better and more effective job.

Considering that Jon Goldberg never denied shooting Tim Smith, this case could have been resolved with a plea.

The legal case is over. Unless there are legal issues for an appeal.

The complete story about the four people involved in this case is not over just because the legal case is over.

What people who are celebrating may want to think about is that if they were arrested, would they want to be convicted and judged instantly? Would they want to be convicted and judged by sloppy police work, small town pressure, small town politics and witnesses being bullied in a messy case?

True to the trashy theatrics that have been ongoing in this case, the announcement of the guilty verdict for Count 1 brought cheers from some  people in  the audience.


2 comments:

  1. Sad all around. Thank you John.

    ReplyDelete
    Replies
    1. Yes, very sad indeed, especially for the two young boys, Douglas Smith and David Goldberg.

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