BDK wrote:The judge was right to exclude the dust cover. It’s prejudicial and irrelevant.
The CA case was bad lawyering on the part of the prosecution/maybe over-charging.
The suspicious part of me wants to think that the prosecution simply didn't try as hard as they might have (if, say, a tourist from Texas had killed an illegal alien or other member of a favored victim group), simply because convicting the guy would have proven Trump was right. Of course, failing to get a conviction just gives Trump more ammunition, but hey.
I think trying to get any sort of murder charge was probably stretching it by a lot, given that he fired one round, which ricocheted before hitting Steinle and mortally wounding her.
To one of us, or anyone else who's comfortable with guns and the 4 Rules, the Negligent Manslaughter (or whatever CA calls it) should be a slam dunk. Pulling the trigger when the gun is not aimed at a positively identified target is Negligence. Simply having your finger on the trigger if the gun is not aimed at a positively identified target is Negligence.
Problem is, not a lot of Gun People live in SF, and any the showed up in the jury pool were probably bounced by the Defense counsel. Which makes it easy for them to say "The Sig P239 doesn't have a positive mechanical safety, and in single action mode it's very easy to pull the trigger accidentally." Which is, according to news accounts, exactly what they claimed. Non-gun people think, "Yeah, there really should be something to stop the gun from firing if you pull the trigger by accident," and blame the gun.