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Title: Suicide-text girlfriend conviction will have national ramifications
Source:
NY Post
URL Source: http://nypost.com/2017/06/16/suicid ... l-have-national-ramifications/
Published: Jun 16, 2017
Author: Julia Marsh
Post Date: 2017-06-16 20:13:48 by cranky
Keywords: None
Views: 6001
Comments: 31
Top Massachusetts attorneys have mixed opinions about the involuntary manslaughter conviction of Michelle Carter, but they agree on one thing — the ruling has caused a seismic shift in the intersection of technology and the law. “The decision will be shaping the way that future prosecutors handle these types of cases,” said Boston-based criminal defense lawyer Joseph Simons. Michelle Carter, then 17, told her 18-year-old boyfriend Conrad Roy III to “get back in” his truck as it filled with carbon monoxide in 2014. Judge Lawrence Moniz found Friday that Carter’s instructions “constituted wanton and reckless conduct.” Judge Moniz may have set a dangerous precedent with his decision, said longtime Quincy, Mass. attorney Bob Harnais. “You open up the door to a direction where words now can amount to weapons, this is absolutely all new territory” Harnais said. “Is she a criminal because she didn’t talk him out of it? That’s a big jump,” Harnais said. Another Massachusetts defense lawyer, J. Drew Segadelli, applauded the judge for his “careful consideration” of Carter’s damning text message to Roy to “get back in the” vehicle. “That was his lynchpin where he indicated that the behavior was wanton, he’s inferring intentional, and as such he found her guilty,” Segadelli said. Local attorney Kevin Reddington, who was in the courtroom when the judge read his verdict, said the judge gave a “very well reasoned decision that is consistent with the law.” Reddington predicted that an appeal will be an “uphill battle” because the state’s highest court has already ruled that Carter was “virtually” if not “physically” present at her boyfriend’s suicide through her text messages and phone calls. If the decision is upheld the first-of-its kind case will have major national ramifications, Reddington said. 
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#1. To: cranky (#0)
I think the USSC will eventually strike this down.
I'm not so sure. Where is the federal constitutional issue here? I doubt SCOTUS will think it even has jurisdiction over this case, and won't hear the appeal. This one will be finally decided by the Massachusetts Supremes, and I think they will uphold the conviction. Am I correct in seeing this as having been a bench trial? I can see why the defense chose a trial before a judge rather than a jury. Ugly case to put to a jury.
#5. To: Vicomte13, nolu chan (#4)
I think it was shortsighted. They were hoping for a lenient judge. They would almost certainly fare better on appeal if it had been a jury trial. Maybe nolu has some insights into this case. He probably has been watching this one. I wouldn't bet that the USSC will go along with murder-by-text. It's not like she was a crime boss ordering underlings to murder someone. I can see charging someone with a crime like failure to protect a mentally unfit and vulnerable person or failure to report attempted suicide or such. But not murder. Just because we don't like this heartless little bitch doesn't make her a murderer. So should we consider her iPhone a murder weapon? Is that really your position?
Yes, this was a bench trial. With 20/20 hindsight, I might not have relied on winning on the law to a judge, but have chosen a jury to argue neither one of them was mentally stable or legally responsible, they were two basket cases. I agree with Vic. I do not see SCOTUS taking up the case. She intended to send a text, she did not intend to cause death, but her action created a high degree of likelihood that substantial harm would result to another person whom she knew to be unstable, and it did result in death. https://assets.documentcloud.org/documents/3866893/Commonwealth-vs-Michelle-Carter.pdf DOCKET # 15YO0001NE COMMONWEALTH vs. MICHELLE CARTER VERDICT This Court, having considered and weighed all of the evidence presented, and having applied the laws of the Commonwealth of Massachusetts to said evidence, now finds the Defendant, Michelle Carter, guilty on the indictment charging her with involuntary manslaughter of Conrad Roy, III. This Court further finds, as to said indictment, that the Commonwealth has proven, beyond a reasonable doubt, that Michelle Carter is a youthful offender, as that term is defined in G.L c 119 s 52, and she is adjudged to be a youthful offender on this date. By the Court: Dated: June 16, 2017 cc: Attorneys Rayburn, Flynn, Cataldo, and Madera 1) An unlawful killing that was unintentionally caused as the result of the defendants' wanton or reckless conduct; or 2) An unlawful killing that resulted during the commission of a dangerous battery by a defendant. [...] Definition of "unintentionally" The defendant did intend to commit the act that ultimately caused the death of the victim, but the defendant did not intend to actually cause the death itself. Definition of "wanton or reckless conduct" Conduct which creates a high degree of likelihood that substantial harm will result to another person. An example is Russian Roulette. Penalties Involuntary Manslaughter: Up to 20 years in state prison, fines and possible victim restitution. I do not know what the penalty may be at the juvie level.
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#4. To: Tooconservative (#1)
I think the USSC will eventually strike this down.
Replies to Comment # 4. Am I correct in seeing this as having been a bench trial? I can see why the defense chose a trial before a judge rather than a jury. Ugly case to put to a jury.
#12. To: Vicomte13, Tooconservative (#4)
Am I correct in seeing this as having been a bench trial? I can see why the defense chose a trial before a judge rather than a jury. Ugly case to put to a jury.
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
JUVENILE COURT DEPARTMENT
TAUNTON SESSION
/s/
Lawrence Moniz, Associate Justice Involuntary manslaughter
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