Live blog from Everson trial

[L. Wade Childress]

anyways, i am starting to think that Spies got schooled by Lahey. the ruling made this morning basically says in iowa, when you are charged with something, all of the lesser degrees of the same charge are automatically included. it seems to me that Spies would have been better off not motioning for direct acquittal and leaving the 2nd degree charge in place. the proof of second degree abuse (aiding and abetting) was NOT there and he likely would have been acquitted of that charge.

now, i am not sure if the jury could/would have convicted him of 3rd degree before the motion for directed verdict or not. i am interested attorneys' opinions.

 

[L. Wade Childress]

anyways, i am starting to think that Spies got schooled by Lahey. the ruling made this morning basically says in iowa, when you are charged with something, all of the lesser degrees of the same charge are automatically included. it seems to me that Spies would have been better off not motioning for direct acquittal and leaving the 2nd degree charge in place. the proof of second degree abuse (aiding and abetting) was NOT there and he likely would have been acquitted of that charge.

now, i am not sure if the jury could/would have convicted him of 3rd degree before the motion for directed verdict or not. i am interested attorneys' opinions.

 

[L. Wade Childress]

they are wrapping up closing arguments. i think he is gonna walk.

 

[L. Wade Childress]

they are wrapping up closing arguments. i think he is gonna walk.

 

[JD720]

they are wrapping up closing arguments. i think he is gonna walk.

I'm glad I'm not a juror in this one. I think he is guilty, but there is some doubt. I'm not sure I'd call it reasonable doubt.

 

[JD720]

they are wrapping up closing arguments. i think he is gonna walk.

I'm glad I'm not a juror in this one. I think he is guilty, but there is some doubt. I'm not sure I'd call it reasonable doubt.

 

[L. Wade Childress]

they are wrapping up closing arguments. i think he is gonna walk.

I'm glad I'm not a juror in this one. I think he is guilty, but there is some doubt. I'm not sure I'd call it reasonable doubt.

i agree completely. the big thing that stands out for me is how Everson was never accused by the alleged victim or even named in her report, but they found his DNA inside of her.

 

[L. Wade Childress]

they are wrapping up closing arguments. i think he is gonna walk.

I'm glad I'm not a juror in this one. I think he is guilty, but there is some doubt. I'm not sure I'd call it reasonable doubt.

i agree completely. the big thing that stands out for me is how Everson was never accused by the alleged victim or even named in her report, but they found his DNA inside of her.

 

[LutherBlue89]

it seems to me that Spies would have been better off not motioning for direct acquittal and leaving the 2nd degree charge in place. the proof of second degree abuse (aiding and abetting) was NOT there and he likely would have been acquitted of that charge.

now, i am not sure if the jury could/would have convicted him of 3rd degree before the motion for directed verdict or not. i am interested attorneys' opinions.

That would be a very high stakes strategic gamble given the differences in sentencing. I imagine there was quite a long talk between lawyer and client on that decision.

 

[LutherBlue89]

it seems to me that Spies would have been better off not motioning for direct acquittal and leaving the 2nd degree charge in place. the proof of second degree abuse (aiding and abetting) was NOT there and he likely would have been acquitted of that charge.

now, i am not sure if the jury could/would have convicted him of 3rd degree before the motion for directed verdict or not. i am interested attorneys' opinions.

That would be a very high stakes strategic gamble given the differences in sentencing. I imagine there was quite a long talk between lawyer and client on that decision.

 

[L. Wade Childress]

after researching it further today, i think the jury could have convicted him of 3rd degree assault even without the motion for a directed verdict. I thought Everson was overcharged from the beginning, considering that Satterfield got a plea, but now I understand why.

 

[L. Wade Childress]

after researching it further today, i think the jury could have convicted him of 3rd degree assault even without the motion for a directed verdict. I thought Everson was overcharged from the beginning, considering that Satterfield got a plea, but now I understand why.

 

[L. Wade Childress]

 

[L. Wade Childress]

 

[brantshawks]

With teeth like that, no wonder he waited until she was passed out.

 

[brantshawks]

With teeth like that, no wonder he waited until she was passed out.

 

[SL]

 

[SL]

 

[ISUFan98]

Whoa.

 

[ISUFan98]

Whoa.

 

[CamelTones]

He's long boys.

 

[CamelTones]

He's long boys.

 

[L. Wade Childress]

i assume they are still deliberating?

 

[L. Wade Childress]

i assume they are still deliberating?

 

[newsbreaker]

No. The verdict is in and super secret.

 

[newsbreaker]

No. The verdict is in and super secret.

 

[jabberjaw]

http://www.desmoinesregister.com/article/20110119/NEWS/110119040/Update-Everson-jurors-meet-with-attorneys-judge

 

[jabberjaw]

http://www.desmoinesregister.com/article/20110119/NEWS/110119040/Update-Everson-jurors-meet-with-attorneys-judge

 

[valp0guy]

He's long boys.

NoLook was right when he said someone would look awful....

 

[valp0guy]

He's long boys.

NoLook was right when he said someone would look awful....

 

[L. Wade Childress]

the verdict is in...

 

[L. Wade Childress]

the verdict is in...

 

[douglasbader]

http://www.press-citizen.com/article/20110120/NEWS01/110120008/1079

 

[douglasbader]

http://www.press-citizen.com/article/20110120/NEWS01/110120008/1079

 

[douglasbader]

"Free Carl Lee!! Free Carl Lee!!"

"Fry Carl Lee!! Fry Carl Lee!!"

 

[douglasbader]

"Free Carl Lee!! Free Carl Lee!!"

"Fry Carl Lee!! Fry Carl Lee!!"

 

[StinkyMcFadden]

"Free Carl Lee!! Free Carl Lee!!"

"Fry Carl Lee!! Fry Carl Lee!!"

 

[StinkyMcFadden]

"Free Carl Lee!! Free Carl Lee!!"

"Fry Carl Lee!! Fry Carl Lee!!"

 

[douglasbader]

Guilty of assault.

 

[douglasbader]

Guilty of assault.

 

[StinkyMcFadden]

With a presumably giant Penus.

 

[StinkyMcFadden]

With a presumably giant Penus.

 

[Jimmie Dimmick]

guilty of assault

 

[Jimmie Dimmick]

guilty of assault

 

[Jimmie Dimmick]

nothing to see here, move along

 

[Jimmie Dimmick]

nothing to see here, move along

 

[jabberjaw]

Simple Assault? Is that correct?

 

[jabberjaw]

Simple Assault? Is that correct?

 

[douglasbader]

Simple Assault? Is that correct?

Yes. Lightest of all charges and a misdemeanor.

 

[douglasbader]

Simple Assault? Is that correct?

Yes. Lightest of all charges and a misdemeanor.