James McManus comments re: Tabish/Murphy acquittals
 

Does anyone have any links to articles published by James McManus following the November aquittals of Tabish and Murphy? I remember there being an afterword in the paperback printing of Fifth Street stating the Nevada Supreme Court overturned the convictions.

I was curious as to his reactions to the subsequent acquittals.

Thanks.

Re: James McManus comments re: Tabish/Murphy acquittals
 

I thought they were both convicted.

Re: James McManus comments re: Tabish/Murphy acquittals
 

They got a new trial on appeal and were aquitted. Sandra Murphy was released immediately, but Rick Tabish is still in prison for a time on separate charges.

Re: James McManus comments re: Tabish/Murphy acquittals
 

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I thought they were both convicted.

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They were convicted, then the Nevada Supreme Court reversed the conviction because the prosecutors in the original case basically tried to try two cases at once, one involving Tabish and Murphy (the Binion murder), the other involving only Tabish, and the only connection between the two being a pair of thumb cuffs apparently.

They were acquitted in the retrial following the reversal.

I haven't read any murder-themed articles by McManus post-acquittal, but based on the tone of the afterword in "Positively Fifth Street" (and the fact that therein he makes clear that he has no clue as to what a defense attorney's role in a trial is) my guess is he's upset at the ruling and can't figure out how it happened.

Re: James McManus comments re: Tabish/Murphy acquittals
 

It just goes to show that "justice" is based on who has the best lawyers money can buy. I hope the Binion's do some old time frontier justice on Murphy's ass.

Re: James McManus comments re: Tabish/Murphy acquittals
 

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It just goes to show that "justice" is based on who has the best lawyers money can buy. I hope the Binion's do some old time frontier justice on Murphy's ass.

[/ QUOTE ]

No matter how expensive your lawyers are, it takes 12 reasonable, average people to convict. If the state can't prove their case beyond a reasonable doubt to twelve reasonable people, then they deserve to lose the case and the defendants deserve to go free - that's the way it is, and as far as I'm concerned it's the way it should be. I'm quite sure you'd want the same criterion applied to yourself if you happened to be accused of a crime.

Sure, Tabish and Murphy probably did it - that's not the point. The point is that the state has to prove this beyond a reasonable doubt. Think of how many crimes you would be convicted of if the sole burden of proof on the prosecution was simply that you "more than likely did it."

Re: James McManus comments re: Tabish/Murphy acquittals
 

"twelve reasonable people"

Yeah, that's the key phrase. Considering 95% of the population are idiots, justice will never be done.

Re: James McManus comments re: Tabish/Murphy acquittals
 

they did it.

Re: James McManus comments re: Tabish/Murphy acquittals
 

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No matter how expensive your lawyers are, it takes 12 reasonable, average people to convict.

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No it doesn't. It takes twelve jurors.
Average and reasonable are frequently screened out.

Re: James McManus comments re: Tabish/Murphy acquittals
 

[ QUOTE ]
No it doesn't. It takes twelve jurors.
Average and reasonable are frequently screened out.

[/ QUOTE ]

Voir dire requires attorneys from both sides to accept a juror - neither the prosecution nor the defense have an inherent advantage in the jury selection process.

Of course, if you actually believed any of that oft-spouted drivel about how juries are worthless and unreasonable and justice is never served, you'd be out committing crimes - if the justice system were actually like that, crime would be very +EV.