(11-15-2021 08:32 PM)200yrs2late Wrote:  

(11-15-2021 05:16 PM)hburg Wrote:  I thought the judge instructed the jury to not consider the lesser charge.

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I heard the judge say they could consider the 2nd degree degree surge, but only if deadlocked on first degree. In this case though, self defense is allowed in both 1st and 2nd degree, so by my listening 2nd is off the table. That may have been his instruction to clarify how important the self defense position is.

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IIRC, the judge has made the issue of self-defense a 'pass through' finding for the related charges.

If the top level homicide of Rosenbaum is justified by self-defense, then the finding 'rides through' to the lesser included charges based on the shooting of Rosenbaum.

Same for each of the 'families' of shootings -- that is if the top level charge for the shooting of Huber is justified by self-defense, then all the lesser includeds fall; if the top level charge for the shooting of Gasskewiz (sp) is justified by self-defense, then all the charges for Gass (however you spell it) fall as well.

Further, the reckless endangerment of third persons associated with each shot/shooting that is justified by self-defense, then the reckless endangerments also fall.

The defense is making the issue of self-defense the only thing they have on the table for each set of shootings. So either Kyle gets convicted of the top charge (for each shooting) and automatically (for the most part) all associated charges with a particular shooting, or the top charge fails and brings all associated and lesser includeds down with it.

The only way Kyle can be convicted of a lesser included without the associated upper included is if there is a deadlock on the particular top charge.