Wednesday, October 13, 2010

The Battered Woman Syndrome Defense Scores a Big Win in Butterknife Stabbing Case: Some SOBs Just Need Killin."

When the Prosecution opens the trial with:"Kevin Cobb may not have been a husband or father any of us would want to have..." That ought to be the first clue there is going to be a problem with the prosecution.

When the next thing the prosecutor says is: the husband (Kevin Cobb) was out using coke, returning home around 3 a.m.

And when the alleged victim has done upstate time for drug and violent crimes, well then that would be a trifecta for a good reason not to bring a charge of Murder (or even assault First degree.

But when the defendant has suffered from "...bruises and (a) black eye and (a) punctured ear drum" all at the hands of the alleged victim...then you know you probably should have offered a plea bargain.

Note to prosecutors: "Some SOBs just need killin." It is not necessarily a valid defense but jury's do understand it. It is one thing for a defense attorney to stand before a jury and protect an accused who is also a miserable person, it is far different for a prosecutor to use the state to prosecute someone who is basically a good person ( Ms. Cobb is a nurse and the mother of six kids) and take the side of the miserable SOB who has been abusing them for years. Sounds like the jury understood that Kevin Cobb was one of those SOBs who got far less than he deserved.

Man a butter knife... OUCH!

HAT TIP:ABA Journal
and for some of the quoted material above the NY Daily News

By the way, gotta love the NY Daily News Headline in this case"I killed my coke-fiend husband in self-defense." Kind of says it all n'est-ce pas?
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