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After Baton Rouge serial killer’s suicide, court uses little-known rule to void conviction | Courts – New Orleans, Louisiana

New Orleans, Louisiana 2021-12-06 16:45:00 –

Seven weeks after the convicted Baton Rouge serial killer Kenneth Gleason apparently committed suicide just days after arriving in Angola, the state court of appeal used the lesser-known common law doctrine. Abandoned the conviction of.

This doctrine, called “abatement ab initio,” requires the court to revoke the conviction if the defendant dies while the appeal is pending. East Baton Rouge Parish lawyers want the Louisiana Supreme Court to revive Gleason’s conviction, abandon the doctrine, or allow an exception to suicide. .. “

The District Attorney’s Office argues that Louisiana should adopt what is called the “Alabama Rule”, calling it “fairer” and noting that multiple jurisdictions have adopted it. .. Alabama rules allow a note in court records stating that the conviction removed the defendant’s presumption of innocence, but the conviction was appealed for the death of the defendant and was neither affirmed nor reversed.

“In (Gleason’s) case, the defendant committed a provocative criminal act that put the entire city at stake. During the four days, the defendant targeted a specific minority group in the process. He committed the murder and attempted murder, “written Assistant District Attorney Dylan Arge. In an appeal filed in the High Court last week. “Now, the defendant apparently chose to commit suicide … so is everyone supposed to act as if nothing had happened? Such a result is clearly wrong.”

About a month after being sentenced to life imprisonment without parole for the murder of two black men, Baton Rouge’s serial killer Kenneth Gree …

Alabama rules were used by the Massachusetts Supreme Court to overturn the conviction of former New England Patriots football player Aaron Hernandez for first-class murder. He committed suicide in jail in 2017 while the appeal was pending. He was sentenced to life imprisonment.

The judge in that case dismissed Hernandez’s conviction, citing the doctrine of “decline from the beginning,” but the Massachusetts Supreme Court overturned the judge and completely abandoned that doctrine. In Latin, this phrase means “mitigation from the beginning.”

“We conclude that the presumption of innocence is obsolete, and even if it does, it is no longer in harmony with modern living conditions. Rather, the defendant died regardless of cause. When the direct action as a correct challenge was pending his conviction, the appropriate policy was that the conviction removed the defendant’s presumption of innocence, but was appealed for the defendant’s death and was affirmed and reversed. It is to record the failure in court records and dismiss the appeal, “the High Court of Massachusetts said in 2019.

A Massachusetts court said 18 states and the District of Columbia would apply the reduction principle from the beginning.

Hiller Moore III, a lawyer in the East Baton Rouge district, said Monday that it was time for the Louisiana High Court to “consider a more modern approach, as in the case of Hernandez.”

Moore said the Alabama rules adopted by the Massachusetts Supreme Court “are more in line with expectations for social values ​​and impartiality …”.

“Allowing our current abinitio jurisprudence to follow will continue to violence our most serious crime victims, their families, and their survivors,” he said. “The current interpretation does this unintentionally.”

Moore added that Gleason’s actions, perhaps in taking his life, “should not allow him to accomplish anything with his death that he could not accomplish in his life.”

A white man, Gleason, 27, shot dead Donald Smart, 49, on September 14, 2017, as a black man walked all night on Alaska Street, just north of the LSU campus. , Was unanimously convicted on April 26th. Shift at Louie’s Café.

A jury found that serial killer Kenneth Gleason was found guilty of a single murder in one of the three cases he was accused of minding on Monday …

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However, the jury also fatally shot Bruce Cofield (59) two days ago to convict Gleason for a primary murder charge that could result from multiple murders. Had to discover. At the bus stop near the intersection of Florida Boulevard and South Acadian Throughway.

Gleason was sentenced to life imprisonment without parole on August 23 and arrived at Louisiana State Prison on September 20. He was found hanging in his cell two days later.

Gleason’s Appeal Attorney, Katherine Franks, issued court documents on November 5 requesting the Baton Rouge State First Circuit Court of Appeals to dismiss his charges on the basis of the principle of extermination from the beginning. I submitted it. Five days later, three judges in court did so.

“Because the defendant died while this appeal was pending, the conviction must be revoked and all the prosecution’s proceedings must be eased from its inception,” the panel wrote.

Convicted Baton Rouge serial killer Kenneth Gleason has been accused of shooting two black men and firing at a black family’s house …

Frank, who said the Court of Appeals ruled “according to years of jurisprudence,” intends to oppose the state’s appeal next week.

Arge said in a district attorney’s office filed with the State Supreme Court that it was time to abandon this doctrine because it “has no truly functional purpose and, in particular, undermines the rights of the victim.”

“The court should dismiss the appeal upon the death of a person,” he argues. “But acting as if nothing had happened goes one step further. The outdated doctrine of abinitio reduction is illogical and harmful to the victims of the incident and the citizens of Louisiana.

“The national trend is to abandon the procedure, and this case provides a classic example of why,” Arge wrote.

Gleason was also accused of firing at a black family home on his streets in the Hickory Ridge district off Cozy Boulevard for four days in 2017.

Gleason was not charged with hate crimes, but FBI agents said in his trial that Gleason was white supremacist, genocide, Nazi propaganda, etc. between September 1st and September 16th, 2017. I testified that I searched the Internet for a topic.

In September 2017, a white Baton Rouge man accused of shooting and killing two black men and firing at a black family’s house searched …

Gleason’s lawyer says he studied German at LSU, where he attended for a year starting in the fall of 2012.

In both deadly shootings, Gleason was accused of shooting victims from his car, then exiting, standing on them and firing more bullets.



After Baton Rouge serial killer’s suicide, court uses little-known rule to void conviction | Courts Source link After Baton Rouge serial killer’s suicide, court uses little-known rule to void conviction | Courts

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