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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote]Carter alleges that, when he interrogated Magalhaes, she admitted to firing a second shot at Ryan but [b]couldn’t recall if it struck him[/b]. Although Portuguese is Magalhaes’s first language, the interrogation was in English. According to Carter, Magalhaes didn’t request an interpreter and asked for only one term — “aluminum foil” — to be translated.[/quote]

Please.

Second degree does not require premeditation.

[quote]Magalhaes faces charges of second-degree murder, meaning the killing was intentional but not planned. However, at the preliminary hearing, prosecutors outlined events leading to Ryan’s death and introduced new evidence they said suggests the killing might have been premeditated.[/quote]

If the charges are changed due to investigation then she could be looking at more significant prison time. Maybe that will get her attention.

This article from today lays out a lot of detail in a very straightforward way. https://www.ffxnow.com/2024/04/02/murder-case-against-reston-au-pair-tied-to-fatal-shooting-moves-closer-to-trial/
[/quote]

I think AP's defense is that she was scared out of her mind and in a split second (or seconds) she did what her boss told her to do.  She's in a different country and doesn't know much --- she didn't have time to think, etc.  That's her defense.

I'm sure her team will work VERY hard to keep the info. about the affair out of the trial.  Don't know if that will be successful.  Might depend on whether there is any other evidence suggesting that AP was part of a plan hatched by BB.  If the prosecutors can't show evidence of a conspiracy to work with BB in murdering CB and JR, then a judge might ban any evidence of AP's relationship with BB.

And even if the judge lets it into a trial, AP's lawyers can use it to their client's advantage and say that she was under BB's control and had to do whatever he said b/c she was young and impressionable and wanting to stay in the U.S. -- her boss came onto her and she had no way out -- so she was mentally subserviant to him and naturally did whatever he told her to do -- especially when he told her to get a gun and shoot this guy who appeared to have killed her other boss (CB).

You can see how AP's defense atty can spin it to her advantage either way.  [/quote]

If this is her defense, great. She would be flipping on BB. [/quote]

Not necessarily.  AP doesn't have to give BB away for his role in the killing of CB in order to claim that she was just a naive au pair trying to take care of a preschooler in a foreign country where she has no power.  She could frame it that BB took advantage of her status or she could claim that she simply was too shook up to think and she did what she was told to do in a very heated situation.  If her boss is telling her he needs help, she might try to work the sympathies of the jury that she walked into a chaotic scene and followed orders as she was expected to do.  Her attys argue that she was stunned and freaking out.  Now, the prosecutors will say -- why didn't she just run away and call 911.  But AP's lawyers could say that she only had a moment to react and she trusted LAW ENFORCEMENT OFFICER BOSS to know what help he needed from her and she did what she was told.[/quote]

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