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Reply to "Should influencers be allowed to sue to block public records requests?"
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[quote=Anonymous][quote=Anonymous]Do they just have the one kid? It’s kind of crazy if so if the dad couldn’t keep an eye on him. [/quote] No they also have a younger child, who was an infant at the time. This is likely one factor in why they chose not to prosecute -- the dad could scapegoat the infant, saying he was distracted by caring for the younger child and/or that general sleeplessness and stress from having a baby at home led to the lapse in judgment. Yes the other evidence contradicts this (the dad was watching an NBA game with enough focus that he could stop to place a bet on the game online when all this was happening, so it's unlikely he was distracted or engrossed in the baby) but criminal negligence can be hard to prove and this could be mitigating enough to make it a hard case to try. The existence of the baby will also make jurors think about what happens to that child if the dad (or both parents) were convicted in the older child's death. Jurors aren't supposed to consider stuff like that but they always do. I think if there were not also a younger child in the picture, it is much more likely they would have been prosecuted. The dad for sure.[/quote]
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