As Clyde mentioned, can they add another charge such as involuntary manslaughter if they choose to go to trial again? @Getslow ??

 

Yes, a new charge such as this could be brought up at any point as long as it hasnt been tried already and found guilty or innocent.

 

It wouldn't be a new charge. Both murder and manslaughter were put before this jury.

 

But I don't think Ohio's involuntary manslaughter statute would apply in this case as it has to do with accidentally committing a homicide while attempting to commit another crime.

 

Keeping in mind that I'm not an Ohio lawyer so I don't know their laws particularly well and my own criminal practice is extremely limited.

 

Here are the code sections in question:

Ohio Code: Homicide and Assault

Just saw on the ticker that 8 out of 12 jurors voted innocent on the murder charge and 4 out of 12 voted innocent on the manslaughter charge. With that many voting innocent on both charges, how does Deters retry this case? I can understand if it was 11-1 or even 10-2 saying guilty but the odds of getting a unanimous verdict after these numbers seem pretty remote to me.

Just saw on the ticker that 8 out of 12 jurors voted innocent on the murder charge and 4 out of 12 voted innocent on the manslaughter charge. With that many voting innocent on both charges, how does Deters retry this case? I can understand if it was 11-1 or even 10-2 saying guilty but the odds of getting a unanimous verdict after these numbers seem pretty remote to me.

 

If these are the numbers, then they will be hung at every trial IMO, however, he almost has to retry it. Like it or not, too high profile not to.

Just saw on the ticker that 8 out of 12 jurors voted innocent on the murder charge and 4 out of 12 voted innocent on the manslaughter charge. With that many voting innocent on both charges, how does Deters retry this case? I can understand if it was 11-1 or even 10-2 saying guilty but the odds of getting a unanimous verdict after these numbers seem pretty remote to me.

 

From what I was told by someone at the prosecutor's office all 12 thought he was guilty of something. 4 said murder, 8 said manslaughter. They just couldn't agree on the charge.

From what I was told by someone at the prosecutor's office all 12 thought he was guilty of something. 4 said murder, 8 said manslaughter. They just couldn't agree on the charge.

 

If true, wouldn't the (to borrow a math term) least common denominator be the manslaughter? I can see where it might be hard for the 8 to go up...but, for the other 4 to not be willing to come down?

From what I was told by someone at the prosecutor's office all 12 thought he was guilty of something. 4 said murder, 8 said manslaughter. They just couldn't agree on the charge.

 

So is the person at the prosecutor's office saying that the 4 that said he was guilty of murder wouldn't say he was guilty of at least manslaughter? I have a hard time believing that.

So is the person at the prosecutor's office saying that the 4 that said he was guilty of murder wouldn't say he was guilty of at least manslaughter? I have a hard time believing that.

 

Seems like they would have been happy to convict him of something. I'd be willing to bet there were 4 that thought he wasn't guilty of either charge and 4 more that didn't think it was murder.

Seems like they would have been happy to convict him of something. I'd be willing to bet there were 4 that thought he wasn't guilty of either charge and 4 more that didn't think it was murder.

 

Yeah, that is how I interpreted it.

Deters says he'll decide by Nov. 28 whether Tensing will be retried. I'm shocked by the mistrial. I thought for sure there was enough evidence to convict him of at least manslaughter.

Deters says he'll decide by Nov. 28 whether Tensing will be retried. I'm shocked by the mistrial. I thought for sure there was enough evidence to convict him of at least manslaughter.

 

The defense attorney made it difficult to "settle" for manslaughter. He pointed out the requirements of voluntary manslaughter to the jury and did a nice job of saying the requirements were not met.

The defense attorney made it difficult to "settle" for manslaughter. He pointed out the requirements of voluntary manslaughter to the jury and did a nice job of saying the requirements were not met.

 

I see, thanks for the information. I appreciate it. I admit I didn't follow the trial much because I thought the outcome was obvious based on what I had seen and read.

 

I worry about my son, he works in Cincy. I pray the protests stay peaceful.

I see, thanks for the information. I appreciate it. I admit I didn't follow the trial much because I thought the outcome was obvious based on what I had seen and read.

 

I worry about my son, he works in Cincy. I pray the protests stay peaceful.

 

My son lives downtown. Daughter works downtown.

 

I was glad to see nothing but peaceful marches yesterday.

 

Will Deters try it again? Defense said "never say never" to a plea but it would have to be a great deal.

The defense attorney made it difficult to "settle" for manslaughter. He pointed out the requirements of voluntary manslaughter to the jury and did a nice job of saying the requirements were not met.

 

What are the requirements of voluntary manslaughter? I've seen a definition and some examples, but nothing that specifically says you have to have x, y and z.

From what I was told by someone at the prosecutor's office all 12 thought he was guilty of something. 4 said murder, 8 said manslaughter. They just couldn't agree on the charge.

 

Wouldn't we assume that the 4 who voted for guilty of murder also voted guilty of voluntary manslaughter?

What are the requirements of voluntary manslaughter? I've seen a definition and some examples, but nothing that specifically says you have to have x, y and z.

 

From Findlaw.com:

 

 

Voluntary manslaughter occurs when a person intentionally kills another, but acted out of passion or anger brought about by some adequate cause and before he or she had a reasonable time to calm down.

 

 

The defense attorney said that the "passion or anger" requirement was not met.