Justice for Don Belton

remembering a writer and friend

Battery

In addition to voluntary manslaughter, the defense yesterday also asked the judge to consider involuntary manslaughter and *battery* as possible convictions on which to instruct the jury. The prosecution appeared shocked and off-guard. Defense named some case law to support their claim, prosecution said they had not prepared any case law because it never occurred to them that someone would actually try to put these defenses on the table for a crime like this.

The judge gave the prosecution a little time to argue against this. This morning we are supposed to learn whether, indeed, lesser crimes like ‘battery’ will be on the table.

looks like they took it off the table already—judge this morning denied ‘involuntary manslaughter’ and battery did not seem to come up during jury instructions.

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One comment on “Battery

  1. Leslie Sharpe
    April 14, 2011

    Thank you all so much for posting this information from the trial. It is so frustrating going by the media reports, and hearing claims and allegations only from the defense’s side, with no opportunity to hear Don’s version of all that transpired prior to his murder and at his murder.

    The battery ‘option’ is probably thrown out there hoping it will get the jury to lean towards manslaughter. I hope the jury is more intelligent than that.

    Regarding the ‘push’ and ensuing struggle — was self-defense discussed? Don’s kitchen was small, and it is very likely he felt cornered with no escape. Why should Don cower when confronted with a lethal weapon and with minimal options to escape?

    Defense is also trying to make it appear as though Griffin always carried that particular knife with him, so that the murder will not look premeditated, and instead the result of a heated moment. But I find a real contradiction between the ‘soft-spoken’ or ‘sensitive’ defendant and one who would carry a lethal knife with them at all times (as opposed to a pocket knife). The knife he brought with him is a knife used for intimidation. And did he also always carry a change of clothing in case any arising need for intimidation accidently got bloody? If he was so disoriented after he murdered Don then I’m astonished that he actually remembered to change into the clothes that he planned to changed into after he killed him. Don’t want to walk into Bloomingfoods with clothes covered in blood, do we?

    I hope we have a clear-thinking jury who won’t get swayed by the lies and character-assassination tactics on the defense side.

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This entry was posted on April 14, 2011 by in Don Belton.
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