Dershowitz: Prosecutor Could Lose in 'Loud Music' Retrial

Thursday, 20 Feb 2014 02:49 PM

By Wanda Carruthers

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink
Harvard law professor Alan Dershowitz said Florida prosecutor Angela Corey could lose a retrial against Michael Dunn for murder in the death of teenager Jordan Davis.

"She acknowledged that she may lose the entire case, that the entire conviction may be reversed, even on the attempted murder charges," Dershowitz told CNN's "Legal View With Ashleigh Banfield" on Thursday.

Dunn, who is white, was found guilty Saturday of four counts of attempted murder when he shot at a car carrying black teenagers, killing Davis, in an incident known as the loud music killing. Jurors were deadlocked on a charge of murder, causing the judge to declare a mistrial on that count.

Corey pledged to retry Dunn on the first-degree murder charge. She said if the attempted murder charges were not upheld on a retrial, a murder charge would give the prosecution another charge against Dunn.

"We would have that extra count on which to rely to make sure Michael Dunn never gets out of jail," Corey told CNN's "New Day" on Thursday.

Dershowitz said he thought there was a possibility the attempted murder charges against Dunn would not hold up when the case was retried. He said attempted murder, in which a person was not killed, must involve premeditation.

"I think there is some chance that will be reversed, because [of] the jury instruction, and the charge of attempted murder may not fit," he said.

A problem with Corey's strategy, Dershowitz said, was that she "always overcharges." Corey should have charged Dunn with second-degree murder in Davis' death, Dershowitz said.

Corey also should have charged Dunn with assault with a deadly weapon rather than attempted murder, Dershowitz said. The attempted murder charge would be "a hard verdict to sustain on appeal," he said.

Corey's penchant for overcharging caused juries to mistrust her, Dershowitz said.

"She's wrong when she says she doesn't lose credibility when she overcharges for first-degree murder. Jurors say, 'Hey, we don't trust the prosecutor.' This wasn't a first-degree murder case. This was a second-degree murder case," he said.

Dershowitz said it would be "[Corey's] fault, and her fault alone," should Dunn be found not guilty on all counts in a retrial. 

Related Stories:

© 2014 Newsmax. All rights reserved.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
You May Also Like

Ferguson Unrest Blamed On Too Many Police Agencies

Friday, 22 Aug 2014 14:55 PM

Police tried various tactics while attempting to bring calm to the strife-torn suburb of Ferguson, Missouri - but were h . . .

Nanny State: NC Students Denied Their Choice of School

Friday, 22 Aug 2014 14:37 PM

As the school year begins in North Carolina, many students don't know whether they'll be allowed to attend the schools o . . .

Sen. Claire McCaskill Sets Hearing on 'Militarization of Police'

Friday, 22 Aug 2014 13:53 PM

In the wake of the violent clashes between police and protesters in Ferguson, Missouri, Sen. Claire McCaskill has announ . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved