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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Admittedly I didn't listen to the jury instructions (are those posted online anywhere? I tried googling). But there was something about the aggravated homicide charge needing 2 people killed within 3 years or same transaction - what if the jury is convinced on Christine but not on Joe? I guess they did not want to charge separately because of whatever sentencing attaches (?), but they kind of put the bar higher for themselves than they needed to? I understand they may have done for strategic reasons.[/quote] Full disclosure - not a lawyer. I haven’t seen the jury instructions..I doubt they’d be posted online. I was of the understanding that juries in VA can return convictions for lesser offenses than what was charged in the indictment(s). What’s interesting is this CNN article ( https://www.cnn.com/2026/01/30/us/brendan-banfield-jury-double-murder-trial ) says “Prosecutors and Banfield’s defense attorney agreed not to offer the jury less severe homicide charges to consider against Banfield.” I’m wondering if that’s because this was charged as basically 2 premeditated murders in 1 rather than separate counts. Sorry if I’m basically just repeating your question in my response.[/quote] I lost a bit of confidence when the CW attorney said she was just sailing with the original indictment and then they were fumbling to figure out which charges they wanted to proceed on. The jury instructions and the nature of the charges are often the most important thing in the jury room. [/quote]
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