Reply to Anybody following the Karen Read trial in Boston?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Another witness: "I hit him, I hit him, I hit him."

How many people now? 6? [/quote]

But she obviously didn’t realize she hit him until just then. Otherwise she wouldn’t have left all those messages and wondered where he was. It’s manslaughter, not murder. Not even 2nd degree.[/quote]

Wrong.

Third prong second degree murder in the Commonwealth requires only the intent to do an ACT that is extremely reckless and exhibits disregard for human life - like backing your 6000lb SUV in the direction of your boyfriend's body for whatever reason, whether to scare him or knock him on his arse or whatever.

She DID NOT HAVE TO INTEND HIS DEATH. She only had to intend the act that caused his death, an act that any reasonable person would know could cause serious bodily injury or death. And voluntary intoxication as we all know is NO DEFENSE to criminal behavior.

I agree she probably didn't realize immediately the extent of his injuries - she's told on herself by saying 'he didn't look mortally wounded, that I could see.' However it is clear from the way texts and voicemails and missed calls to mommy and daddy and then the early morning calls announcing he was probably dead, hit by a plow are all very strong evidence that she began to realize she'd probably incapacitated him and he was more than likely dead and even at that time, she didn't call 911 or ask for a welfare check on John from the residents at 34 Fairview - she instead orchestrated the whole 'finding the body' dramatic performance by roping his close friends into the faux search for him in the early AM hours.

I'm truly baffled by the folks who cannot see what is plain as the nose on their face.[/quote]

Could you explain the difference in the elements necessary for this charge as opposed to the manslaughter charge in Massachusetts? Thank you. 
[/quote]

OUI Manslaughter:
The defendant was intentionally operating a motor vehicle while under the influence of an unlawful amount of alcohol, drugs, or other controlled substance, in violation of G.L. c. 90, § 24(1)(a); or
The defendant was intentionally operating a vessel (e.g., boat or other watercraft) while under the influence of an unlawful amount of alcohol, drugs, or other controlled substance, in violation of G.L. c. 90B, § 8A; and
While intentionally operating the vehicle or vessel, the defendant acted wantonly and recklessly, and caused the death of another person.[/quote]

These seem very similar. They both require intent in terms of the act and recklessness. How exactly are they different? Is it just the intoxication element that’s different?
[/quote]

They are very similar.

Yes, second degree murder depraved heart is when you get really angry and drive your SUV at your paramour without intent to kill necessarily but in a heat of passion and when you should have known that you were placing your paramour at risk of serious bodily injury or death. You don't have to be intoxicated to do it.

I believe this defendant is guilty of both OUI manslaughter and depraved heart 2nd degree murder - she didn't veer off the road in a drunken haze while operating under the influence and recklessly. She was sitting in a stopped vehicle, her boyfriend exited the vehicle and began walking away from the vehicle to the rear, and she INTENTIONALLY put the vehicle in reverse and gunned it (75% acceleration, 24mph in reverse for 60+ feet) in the direction of his intoxicated, defenseless body.

There was a semi-famous case of a woman who drove over her cheating husband in a parking lot and she was convicted of depraved heart murder.

Another semi-famous case in more recent history involved a dentist who provided fatal amounts of drugs to his addict girlfriend and he was convicted of depraved heart murder.

Extreme recklessness and disregard for human life.[/quote]

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