Will any jury convict him?

Surveillance video showed Earl Nash lurking in the hallways of a Bronx building for an hour. He entered an apartment and forcibly removed a 51 year old woman's clothes and hit her over the head with a chair inside her apartment. The woman fought him off and was able to dial her husband, 61-year-old Mamadou Diallo who was outside and rushed in. Surveillance video shows Nash with no shirt on after the attack and Diallo getting off the elevator where his wife screamed “That’s him!” At this time, Diallo, a taxi driver, attacked Nash with a tire iron. Nash later died of his injuries.


“The police had to charge Diallo with the manslaughter case because the bottom line was the danger was already over,” said legal expert David Schwartz. It is not clear if the wife was raped or if the would be rapist was running away from her. In any case her husband would not have known the details.

A very poor video

A smart DA would offer a generous deal with minimal prison time and an extended parole period.

Defendant became enraged when the man replied to the 'that's him' with 'wow, that B9^&$% ain't dead yet'.

Jury will be instructed by the Judge as to the law but defendant's lawyer should advocate for a fully informed jury, one that has been told they have the right and the power to simply decide that a particular law should not be enforced or should not be enforced in these circumstances rather than must vote guilty if they think he is guilty.

Not Guilty.

A lawyer would get disbarred if he instructs juries they can ignore the law.

You always want the facts. Perhaps we'll learn the two men had a previous encounter involving something else. Perhaps the wife will refuse to 'go along with it' under oath. But perhaps it's just as related and I would vote 'not guilty.'

Quote: odiousgambit

A lawyer would get disbarred if he instructs juries they can ignore the law.'

A judge instructs the jury, lawyers only propose instructions to be issued by the court. May I suggest you start with the Federalist papers and research Jury Nullification issues as regards both the right and the power to vote Not Guilty if they believe the statute should not be enforced. Juries used to be kept without food, water, light or heat until a verdict was rendered but even in those days a juror was required to vote his conscience.

This case will be decided in the jury selection, must like the OJ murder trial.

and much like southern juries involved with kkk attacks on blacks wherein prospective jurors sit with three fingers hanging out of their pocket indicating their kkk mmbership.

Quote: Fleastiff

A judge instructs the jury, lawyers only propose instructions to be issued by the court. May I suggest you start with the Federalist papers and research Jury Nullification issues as regards both the right and the power to vote Not Guilty if they believe the statute should not be enforced. Juries used to be kept without food, water, light or heat until a verdict was rendered but even in those days a juror was required to vote his conscience.

Jury Nullification is not something that can be taken away from the options a jury has, how could it be? But it is up to the citizen to be self-educated - he will not be informed it is an option in court.